HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/21/2004 - ITEMS RELATED TO THE NORTH COLLEGE AVENUE URBAN RE ITEM NUMBER: 27 A-B
AGENDA ITEM SUMMARY DATE: December 21, 2004
FORT COLLINS CITY COUNCIL STAFF: Ken Waldo/
Clark Mapes
SUBJECT
Items Related to the North College Avenue Urban Renewal Plan.
RECOMMENDATION
Staff recommends adoption of the Resolutions. However, the Planning and Zoning Board found,
on a vote of 3-2, that the North College Avenue Urban Renewal Plan is not consistent with City
Plan, the City's Comprehensive Plan.
EXECUTIVE SUMMARY
A. Resolution 2004-151 Adopting the North College Avenue Existing Conditions Study
and Making Findings Determining an Area Within the City of Fort Collins to be a
Blighted Area and Appropriate for Inclusion in an Urban Renewal Project.
B. Resolution 2004-152 Making Findings and Approving the Urban Renewal Plan for
the North College Avenue Corridor.
Before the City Council can adopt an Urban Renewal Plan for any part of the city, the Council
must determine the plan area to be a slum, blighted area, or a combination thereof, and designate
such area appropriate for an urban renewal plan. Adoption of Resolution 2004-151 will satisfy
the requirements of CRS 31-25-103(2) and approve the North College Avenue Existing
Conditions Study (a.k.a."Blight Study") and declare the North College Avenue Corridor blighted
according to the criteria in State Law governing Urban Renewal Authorities. Adoption of
Resolution 2004-152 will approve the North College Avenue Urban Renewal Plan which will
assist in elimination of the slum and blight conditions within the North College Avenue
Corridor.
BACKGROUND
In 1982, the Fort Collins City Council created an Urban Renewal Authority (URA) and
designated itself as the governing board (known as the "Authority"). The boundaries of the
URA are the municipal limits. The Fort Collins URA was created to prevent and eliminate
conditions related to certain "blight factors" in the community. State law gives the URA broad
powers to cant' out its statutory mandate. Included are the powers to enter into contracts,
borrow funds and acquire property voluntarily or by eminent domain, among others. Urban
December 21, 2004 -2- Item No. 27 A-B
renewal projects may be financed in a variety of ways. URAs are authorized to borrow money,
issue bonds, and accept grants from public or private sources. The principal method of financing
urban renewal projects is through obligations secured by property tax or sales tax increments
from the project area ("tax increment financing"). An URA exercises its powers by planning and
carrying out urban renewal plans in urban renewal areas.
In 1995, the City Council adopted the North College Avenue Corridor Plan as an element of the
City Plan, the City's comprehensive plan. Among its goals were to:
• Revitalize the area to improve the "neglected commercial strip" image, and
• Increase the opportunity for development and expansion of business and industry
The North College Corridor was also targeted as an area for redevelopment and infill in the
recently updated City Plan document.
One of the outstanding concerns by property owners in the Corridor is the area's economic
viability in terms of future business development and commercial growth. Several factors
contribute to this issue including: lack of infrastructure improvements — particularly for storm
water drainage, street connectivity, and street improvements (curbs, gutters, sidewalks, street
trees, and bike lanes).
Revitalization of the North College Corridor has been relatively spotty and difficult. It is clear
to most that if the area is to be successful, the few tools available to municipalities, such as the
URA, need to be pursued.
In June of this year, the City was approached by the North Fort Collins Business Association to
recognize the North College Avenue Corridor as an urban renewal project area and to create an
urban renewal plan for it. Before an urban renewal plan for this area can be approved, the area
must be found by the Authority (City Council) to be a blighted area as defined in State Statutes.
Since June, staff has worked with a Citizens Advisory Committee, composed of business
owners, business tenants, and members of the Planning and Zoning Board, to develop an
Existing Conditions Study (a.k.a. "Blight Study") and an Urban Renewal Plan for the North
College Corridor Area.
Before the Council can officially approve the Urban Renewal Plan, the State law on Urban
Renewal Authorities, specifically CRS 31-25-107(2), requires the Council to formally submit the
Urban Renewal Plan to the Planning and Zoning Board for its review and recommendation as to
the Urban Renewal Plan's conformity with City Plan, the City's Comprehensive Plan, which is
the general plan for development of the municipality as a whole. The Council is also required to
formally submit the Urban Renewal Plan to the Poudre School District Board of Education, and
the Latimer County Board of Commissioners for their review. On October 5, 2004, the City
Council adopted Resolution 2004-118 submitting the North College Avenue Urban Renewal
Plan, and its related Existing Conditions Study, to the Poudre School District Board of Education
and the Larimer County Board of Commissioners in accordance with the notification
requirements contained in CRS 31-25-107(9)(d).
December 21, 2004 -3- Item No. 27 A-B
North College Avenue Existing Conditions Study (aka "Bli hg t Stud
The purpose of the North College Avenue Existing Conditions Study (a.k.a."Blight Study") was
to evaluate and determine whether the North College Avenue Corridor constitutes a "blighted
area" as defined in the CRS 31-25-103(2):
"Blighted area" is defined as follows:
"Blighted area" means an area that, in its present condition and use and, by reason of the
presence of at least four of the following factors, substantially impairs or arrests the
sound growth of the municipality, retards the provision of housing accommodations, or
constitutes an economic or social liability, and is a menace to the public health, safety,
morals, or welfare:
(a) slum, deteriorated, or deteriorating structures;
(b) predominance of defective or inadequate street layout;
(c) faulty lot layout in relation to size, adequacy, accessibility, or
usefulness;
(d) unsanitary or unsafe conditions;
(e) deterioration of site or other improvements;
(f) unusual topography or inadequate public improvements or utilities;
(g) defective or unusual conditions of title rendering the title
nonmarketable;
(h) the existence of conditions that endanger life or property by fire
and other causes;
W buildings that are unsafe or unhealthy for persons to live or work
in because of building code violations, dilapidation, deterioration,
defective design, physical construction, or faulty or inadequate
facilities;
(j) environmental contamination of buildings or property; or
(k.5) the existence of health, safety, or welfare factors requiring high
levels of municipal services or substantial physical underutilization
or vacancy of sites, buildings, or other improvements;
(1) if there is no objection by the property owner or owners and the
tenant or tenants of such owner or owners, if any, to the inclusion
of such property in an urban renewal area, "blighted area" also
means an area that, in its present condition and use and, by reason
of the presence of any one of the factors specified in paragraphs (a)
to (k.5) of this subsection (2), substantially impairs or arrests the
sound growth of the municipality, retards the provision of housing
accommodations, or constitutes an economic or social liability, and
is a menace to the public health, safety, morals or welfare. for
purposes of this paragraph (1), the fact that an owner of an interest
in such property does not object to the inclusion of such property
in the urban renewal area does not mean that the owner has waived
any rights of such owner in connection with laws governing
condemnation.
December 21, 2004 -4- Item No. 27 A-B
The study (copy attached) evaluated a wide range of conditions in the North College Avenue
Corridor that are relevant to the above-listed factors. The evaluation included on-site
reconnaissance, interviews, and photographic documentation involving City of Fort Collins staff
from Advance Planning, Transportation, Engineering, Utilities, Fire Authority, Police, and
Building Inspection departments. The study area generally corresponds to the 1995 North
College Avenue Corridor Plan Study Area. It includes properties along North College Avenue
within the general area bounded by:
The Cache La Poudre River on the south, the Larimer-Weld Canal on the north,
an irregular line generally about a quarter mile from North College Avenue on the west,
and an irregular line generally extending to Redwood Street about a half mile from North
College Avenue on the east.
The study area encompassed 525 total acres, consists of 295 real estate parcels with a total
developed/vacant land area of about 476 acres. The remaining 49 acres within the study area are
in public rights-of-way (these rights-of-way comprise about 10% of the study area).
The evaluation of the area identified that conditions relevant to ten (10) of the eleven (11)
statutory "blight factors" were readily apparent and evident within the area, based upon direct
observation and review of planning documents. The one remaining factor was:
■ defective or unusual conditions of title rendering the title nonmarketable.
Because the presence of only four (4) factors is the threshold for a finding of "blight," and
evidence was readily apparent for ten (10) factors early in the study process, further title research
was deemed to be unnecessary for purposes of the study (conditions of title are not readily
apparent through on-site observation or review of planning documents). However, several
problems with lack of legal access to parcels, lack of addresses, and questionable parcel
ownership are apparent in the area, suggesting that this factor may in fact be present.
However, while evidence of "blight factors" were apparent throughout the entire study area, this
does not mean that every parcel exhibited evidence of the factors--some of the factors are
evident on a spot basis; some on a linear basis along streets and utility lines; and some on an area
basis, in vacant, neglected, or deficient locations within the area. When the factors are
considered cumulatively, the entire study area is affected.
In conclusion, the presence of at least four (4) statutory "blight factors" within the appropriately
defined boundary, as determined by City Council, warrants a finding of a "blighted area" under
the Urban Renewal Law. If the study area is determined to be such a "blighted area," the City
Council would then be allowed to establish an Urban Renewal Plan for development and public
improvement projects to prevent further deterioration and blight, and to remedy "blight"
conditions. Based on observed evidence, interviews, and adopted planning documents, the
conclusion of the study is that ten (10) of the "blight factors" established in the Colorado Urban
Renewal Law, as amended, are present within the study area; and that the area, either wholly or
in part, is appropriate to be defined as a "blighted area" qualified for Urban Renewal Plan
remedies and activities as permitted in the statute.
December 21, 2004 -5. Item No. 27 A-B
North College Avenue Urban Renewal Plan
The North College Avenue Urban Renewal Plan (copy attached) is an urban renewal plan
prepared for the Fort Collins Urban Renewal Authority (Authority) and the City of Fort Collins
(the City), pursuant to the provisions of the Urban Renewal Law, CRS 31-25-101 et seq.
The North College Avenue Urban Renewal Plan describes the framework for certain public
undertakings constituting urban renewal projects and other authorized activities under the Urban
Renewal Law in the North College Avenue Corridor area, located in the City of Fort Collins,
Larimer County, Colorado. The boundary of the area to which the Plan applies includes those
properties located within the same area studied in the North College Avenue Existing Conditions
Study (a.k.a."Blight Study").
The Plan was prepared for adoption by the City Council in recognition that the urban renewal
area requires a coordinated strategy that addresses the elimination and prevention of the spread
of blight and includes financing possibilities to accomplish the City's development objectives for
improving the viability of the area. The Plan effort was originated in response to a request by
existing owners in the area. Owners reached consensus and requested the establishment of a
renewal plan after years of involvement in public discussion. As a group, they recognize the
problems with existing development, which is outdated and substandard, and they want to stay
involved in solutions that fit the area.
It is the intent of the Plan for any redevelopment and other implementation actions to be done in
a responsive manner, with full consideration for interests and concerns of owners in the area.
The driving interest in establishment of the Plan is to begin offering tax increment financing as a
tool to facilitate projects that help remedy problems.
The North College Avenue Urban Renewal Plan is intended to stimulate private sector
development in and around the Renewal Area. A combination of private investment, Urban
Renewal Authority financing, and public investment will assist progress toward the following
objectives:
• To facilitate redevelopment and new development by private enterprise through
cooperation among developers and public agencies to plan, design, and build
needed improvements.
■ To address conditions in the area that impair or arrest the sound growth of the
city.
• To implement the Comprehensive Plan and its related elements.
• To redevelop and rehabilitate the area in a manner which is compatible with and
complementary to unique circumstances in the area.
■ To effectively utilize undeveloped and underdeveloped land.
• To improve pedestrian, bicycle, and vehicular circulation and safety.
• To ultimately contribute to increased revenues for all taxing entities.
■ To encourage the voluntary rehabilitation of buildings, improvements and
conditions.
• To facilitate the enforcement of the laws and regulations applicable to the Urban
Renewal Area.
December 21, 2004 -6- Item No. 27 A-B
Development and redevelopment in the area is anticipated to occur incrementally over a
substantial period of time.
Key components of the North College Avenue Urban Renewal Plan include the ability to utilize
tax increment financing for such things as providing infrastructure improvements, acquiring
property, and using eminent domain for property consolidation and assembly to foster
development and redevelopment projects.
Specific development and redevelopment projects may be financed in whole or in part by the
URA under the tax increment financing provisions of CRS 31-25-107(9)(a), or by any other
available source of financing authorized to be undertaken by the URA pursuant to CRS 31-25-
105. These provisions authorize tax increment financing, and which financing may be
implemented on a project by project basis. The implementation of such increment financing will
be performed at the time that such increment of taxation may be utilized, and in accordance with
the Urban Renewal Law. The North College Avenue Urban Renewal Plan retains the option of
using either the added increment of property taxes or sales taxes, or both, generated in the
Renewal Area to help finance infrastructure improvements within the North College Corridor.
In the event that the URA finds it necessary to purchase any real property for an urban renewal
project to remedy "blight" factors pursuant to the Urban Renewal Law, the North College
Avenue Urban Renewal Plan indicates the URA may do so by any legal means available,
including exercising the power of eminent domain, pursuant to the Urban Renewal Law.
However, according to the Plan, the power of eminent domain is to be use as a means of "last
resort" and establishes a listing of conditions that have to be met prior to its use. The Plan
indicates the following conditions should be met, with the understanding that the conditions are
not intended to legally constrain the City's power of eminent domain:
■ all requirements of the Urban Renewal Law, including eminent domain
procedures, have been met;
■ other possible alternatives have been thoroughly considered by the Authority;
■ good faith negotiations by the Authority and/or the project developer have been
rejected by the property owner;
■ reasonable efforts have been undertaken to: (a) understand and address the
property owner's position and his or her desires for the property and for any
existing business on the site, and (b) work with the owner to either include the
owner in project planning or purchase the property and relocate the owner in
accordance with the Urban Renewal Law on terms and conditions acceptable to
the owner.
Furthermore, the Plan calls for relocation assistance:
■ Relocation Assistance. It is not expected that the activities of the Authority will
displace any person, family, or business. However, to the extent that in the future
the Authority may purchase and manage property causing displacement of any
person, family, or business, it shall develop a relocation program to assist any
such party in finding another location pursuant to the Urban Renewal Law, and
provide relocation benefits consistent with the Urban Renewal Law. There shall
December 21, 2004 -7- Item No. 27 A-B
be no displacement of any person or business without there being in place a
relocation program, which shall become a part of this Plan when adopted.
In addition, the Plan calls for the establishment of a citizen advisory group with strong
representation of owners in the North College Corridor area to render advice to the URA
Governing Board (the Authority). Furthermore, to ensure effective communication, the Plan
recommends that the group include one or two members from City Council and a member from
the Planning and Zoning Board. The intent of the Plan is for the URA Governing Board to
consult with the Advisory Group on all actions and decisions of the URA regarding the Plan.
Notification Requirements
On October 5, 2004, the City Council adopted Resolution 2004-118 submitting the North
College Avenue Urban Renewal Plan, and its related Existing Conditions Study, to the Poudre
School District Board of Education and the Latimer County Board of Commissioners in
accordance with the notification requirements contained in CRS 31-25-107(9)(d). A separate
notification was sent to the Latimer County Assessor's Office. Although there is no provision in
the statute requiring that the Board of Education and/or the Latimer County Board of
Commissioners to comment, in writing or otherwise, the school district and the county were
notified that their comments would certainly be welcome. The City has not received any
comments from either jurisdiction.
Prior to City Council's hearing on the adoption of the Plan, thirty days notice must be published
in a newspaper of general circulation in the City describing the time, date, place and purpose of
the hearing, and generally identifying the Urban Renewal Area covered by the Plan, and shall
also outline the general scope of the Urban Renewal Project under consideration. This notice
was published in the Coloradoan newspaper on November 12, 2004. Furthermore, the City must
take reasonable efforts to provide written notice by mail of the public hearing to all property
owners, residents, and owners of business concerns in the proposed Urban Renewal Area at their
last known address of record at least thirty days prior to the hearing. Such written notice shall
contain the same information as is required to be published in the newspaper. This written
notice was mailed on November 16, 2004.
Planning and Zoning Board
Colorado's Urban Renewal Law requires the City Council to forward the Urban Renewal Plan to
the Planning and Zoning Board for"review and recommendations as to its conformity with the
general plan for development of the municipality as a whole." In other words, the Board was to
consider the question of whether the Urban Renewal Plan is in conformity with City Plan.
At their regular monthly meeting on October 21, 2004, the Planning and Zoning Board voted 3-2
to adopt a resolution stating that in the Board's opinion the North College Avenue Urban
Renewal Plan was not in conformance with City Plan. Copies of the resolution and the Board's
minutes are attached.
The Planning and Zoning Board's recommendation is in the form of a resolution. The Urban
Renewal Law does not require the Board to make a positive recommendation; the City Council
can still adopt the North College Avenue Urban Renewal Plan at its own discretion.
December 21, 2004 -8- Item No. 27 A-B
Because the North College Avenue Urban Renewal Plan derives its policy guidance entirely
from City Plan and the North College Avenue Corridor Plan, etc., staff recommended the
Planning and Zoning Board forward a recommendation to City Council that the North College
Avenue Urban Renewal Plan is in conformance with City Plan.
Following is a summary of the Board's concerns and assertions as interpreted by staff. One
concern directly relates to the question before the Board regarding consistency with City Plan.
The other concerns and assertions were more general.
1. Inconsistency with City Plan. This concern actually involves the North College Avenue
Corridor Plan (North College Plan), which is a related element of City Plan as previously
noted. Members cited two goals in the North College Plan as the basis for their concern:
• Preserve existing "small local business" character
Continue to be an "incubator" area for business
The concern stems from CAC discussions about possible future development scenarios
that may, or may not be possible using the Urban Renewal Plan. This included open-
ended discussion of whether shopping centers or other larger development projects would
be possible. If so, then presumably those projects would demand frontage on the
highway, which presumably could cause displacement of existing small businesses,
which appears inconsistent with the two goals.
2. The Urban Renewal Plan puts the "cart before the horse." The concern is that the
Urban Renewal Plan it is not worth putting in place at this time because it does not
contain specific conclusions about development questions and issues and the North
College Avenue Corridor Plan needs to be updated.
3. The Urban Renewal Plan is not a panacea; it's a little band-aid. The concern is that
because the URA can not solve all of the big deficiencies in the area with TIF, it is not
worth doing. Plus, the Plan may mislead the Council into thinking they have solved the
problems when in fact the Plan can not solve all of them.
4. City Council needs to be more aggressive and pursue other problems noted in the
North College Plan such as trucks, trains, and Dry Creek. The assertion is that
Council has been remiss in following up the North College Plan over the last 10 years,
and that this Urban Renewal Plan might be seen as a panacea. Because it will not solve
all of the problems, it should not be adopted.
STAFF RECOMMENDATION
Staff recommends adoption of Resolution 2004-151 which will satisfy the requirements of CRS
31-25-103(2) and approve the North College Avenue Existing Conditions Study (a.k.a."Blight
Study") and declare the North College Avenue Corridor blighted according to the criteria in
State Statutes governing Urban Renewal Authorities; and staff recommends adoption of
Resolution 2004-152 which will approve the North College Avenue Urban Renewal Plan to
assist in the elimination of the slum and blight conditions within the North College Avenue
Corridor.
December 21, 2004 -9- Item No. 27 A-B
In response to the concerns raised by the Planning and Zoning Board, staff offers the following:
1. "Inconsistent with City Plan (and in particular, the North College Avenue Corridor
Plan":
Response: The Urban Renewal Plan says nothing to contradict the North College Avenue
Corridor Plan, and therefore, City Plan. The concern involves some of the speculative
discussion in Citizen Advisory Committee meetings. Two Board members were on the
CAC and are familiar with the discussions. There were open-ended discussions about
whether or not the Urban Renewal Plan could lead to big projects; and whether big
projects might be able to incorporate existing small businesses.
On the subject of the North College Plan, staff notes that other goals include:
• Revitalizing the area to improve the "neglected commercial strip" image; and
• Increasing the opportunity for development and expansion of business and
industry.
Also, Policy LU-5 states: "Business and commercial growth—including neighborhood
and community retail, regional retail if compatible in scale, regional office, and light
basic industry, should be encouraged in specific areas of the Corridor".
If a large development were to be proposed, staff contends that it would not necessarily
be inconsistent with the North College Plan. The overall message of the North College
Avenue Corridor Plan is one of growth and positive change, including support for
redevelopment and economic growth with incentives.
2. "Cart before the horse"and
3. "it's a band aid."
Response: Staff contends that the goal, from the beginning was to put a simple, minimal
Urban Renewal Plan in place. The point is to capitalize on the existing consensus and
support, and enable the Authority to begin accruing TIF and helping facilitate projects. It
has been acknowledged all along that the Urban Renewal Plan would not resolve all
questions, tradeoffs, and competing objectives. The remaining work will be ongoing.
Staff contends that even if the TIF ends up only as a modest leverage tool for facilitating
projects, that is not a reason to oppose it. URAs across the state have a variety of Urban
Renewal Plans including modest ones with modest TIF revenue. Each plan is different.
The North College Avenue Urban Renewal Plan is a unique response to a unique
situation.
4. "City Council needs to be more aggressive."
Response: While the City has been active in improving conditions for development and
redevelopment in the North College Avenue Corridor, much remains to be done. The
URA can be one tool to make improvements happen. Since 1994, some of the public
improvements which have occurred include:
December 21, 2004 -10- Item No. 27 A-B
• The Dry Creek flood project
• The RR Track Consolidation Project
• The Interstate Trucking Roundtable and Bypass Studies
• The North College Access Management Plan
Soft Gold Park (west end of Hickory Street)
• The two major bike trail connections with bridges
• The interim asphalt trail along the west side of North College
• The North College Bridge Enhancements
• The redevelopment of the dilapidated "Pizza Power" buildings at Vine/College
• New Fire Station #12
The Zone District revisions for the College/Willox site
• The recent Jefferson-Vine Street Improvements Project
• The recent repaving of east Willox Lane
Many of these projects have been significant undertakings requiring special attention and
funding. All address deficiencies of original development by retrofitting urban improvements.
The area has seen continuous implementation of the following North College Avenue Corridor
Plan goal:
• "Continue to support and build momentum for other mutually beneficial planning
efforts regarding such things as Dry Creek flood control, emergency response
services, interstate trucking, access control, and the ongoing development of north
Fort Collins generally."
ATTACHMENTS
1. North College Avenue Existing Conditions Study (a.k.a."Blight Study")
2. North College Avenue Urban Renewal Plan
3. Letter from the North Fort Collins Business Association
4. Planning and Zoning Board Resolution PZ 04-30
5. Planning and Zoning Board Minutes
RESOLUTION 2004-151
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE NORTH COLLEGE AVENUE EXISTING CONDITIONS STUDY
AND MAKING FINDINGS DETERMINING AN AREA WITHIN THE CITY
OF FORT COLLINS TO BE A BLIGHTED AREA AND APPROPRIATE FOR
INCLUSION IN AN URBAN RENEWAL PROJECT
WHEREAS, the City of Fort Collins (the "City') has conducted a study and survey to
determine whether conditions that constitute a blighted area, as defined in the Colorado Urban
Renewal Law,sections 31-25-101,et sea.,C.R.S. (the"Law")exist in the City of Fort Collins North
College Avenue Corridor Area; and
WHEREAS, the results of said study have been prepared and entitled the 'North College
Avenue Existing Conditions Study'dated November 16,2004,(the"Conditions Study"),consisting
of a total of 32 pages including maps, a description of existing conditions and numerous
photographs; and
WHEREAS, the Conditions Study was presented to the City Council for its review and
consideration, which Conditions Study shows that the area described in Section 3 hereof qualifies
as a blighted area as defined in the Law; and
WHEREAS, on December 21, 2004, the City Council conducted a public hearing and
reviewed said Conditions Study pursuant to the procedural and notice requirements of the Law; and
WHEREAS,notice of the public hearing on the Conditions Study and the physical conditions
found in the proposed urban renewal area was published as required by section 31-25-107(3),C.R.S.,
at least thirty days prior to the public hearing; and
WHEREAS, reasonable efforts have been made to provide written notice of the public
hearing to each property owner, business, and resident of the area as described in Section 3 hereof
informing them of the public hearing at least thirty days prior to the public hearing; and
WHEREAS, the City Council has considered the evidence presented in support of and in
opposition to the Conditions Study and staff recommendations and has also considered the legislative
record and given appropriate weight to the evidence and has determined to adopt the Conditions
Study and find that the area described in Section 3 hereof is blighted.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Conditions Study attached hereto and incorporated herein as Exhibit
"A", is hereby accepted and adopted.
Section 2. That the City Council hereby finds,determines and declares that the following
conditions exist in the area described in Section 3 hereof:
Slum deteriorated, or deteriorating structures;
• Predominance of defective or inadequate street layout;
• Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
• Unsanitary or unsafe conditions;
• Deterioration of site or other improvements;
Unusual topography or inadequate public improvements or utilities;
• The existence of conditions that endanger life or property by fire or other
causes;
• Buildings that are unsafe or unhealthy for persons to live or work in because
of building code violations, dilapidation, deterioration, defective design,
physical construction, or faulty or inadequate facilities;
• Environmental contamination of buildings or property; and
• The existence of health, safety, or welfare factors requiring high levels of
municipal services or substantial physical underutilization or vacancy of sites,
buildings, or other improvements.
Section 3. That the following described area is hereby found and declared to be a
blighted area as defined in the Law and appropriate for inclusion in an urban renewal project
pursuant to the Law. This is a finding by the City Council based upon the Conditions Study and
other evidence presented to City Council. The blighted area is described as follows:
The North College Urban Renewal Plan Area is located in Sections 35 and 36 of
Township 8 North Range 69 West and in Sections 1, 2, 11 and 12 of Township 7
North Range 69 West all of the Sixth Principal Meridian, City of Fort Collins,
Latimer County, Colorado, being more particularly described as follows:
Commencing at the northeast corner of the said Section 2;
THENCE westerly along the north line of Section 2 to the east one sixteenth corner
on the north line of Section 2 and to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE northerly along the west line of the southeast quarter of the southeast
quarter of the said Section 35 to the north right of way of West Willox Lane;
THENCE easterly along the said north right of way, to the west line of Lot 21 of the
Plat of The Re-subdivision Of The Goehring Subdivision;
THENCE northerly along the west line of Lot 21 and along the west line of Lot 3 of
the K-D Park Subdivision to the northerly line of the North College Annexation to
the said City;
THENCE northeasterly,northerly,easterly and southeasterly along the said northerly
annexation line, to the east most line of the said North College Annexation;
THENCE southerly along the said east most line and along the east line of the Nauta
North College Annexation to the said City to the north right of way of East Willox
Lane;
THENCE easterly along the said north right of way, to the west line of the Willox
Heights Annexation to the said City;
THENCE northerly along the said west line to the north line of the said Willox
Heights Annexation;
THENCE easterly, southerly and easterly along the said north line,to the east line of
the said Willox Heights Annexation;
THENCE southerly along the said east line and its southerly extension to the south
right of way of the said East Willox Lane;
THENCE westerly along the said south right of way to the east right of way of Blue
Spruce Drive;
THENCE southerly along the said east right of way to the south line of the plat of
Replat of Coachlight Plaza;
THENCE easterly along the said south line to the east line of Block 5 of the plat of
Replat No. 1 of Evergreen Park;
THENCE southerly along the said east line to the south line of the plat of Nokomis
Subdivision;
THENCE easterly along the said south line and its easterly extension to the easterly
right of way of Redwood Street;
THENCE southerly along the said easterly right of way and its southerly extension
to the southerly right of way of East Vine Drive;
THENCE westerly along the said southerly right of way to the easterly right of way
of North College Avenue;
THENCE southerly along the said easterly right of way to the southerly line of the
said North College Annexation;
THENCE westerly along the said southerly line,its westerly extension and along the
southerly line of the Griffin Addition to the said City to a line which is 75.00 feet
(measured at right angles) westerly of and parallel with the centerline of the main
track of the Union Pacific Railroad;
THENCE northerly along the said parallel line to the south line of the U.S.
Department of Agriculture Forest Service, Canyon Lakes Ranger District
Administrative Site;
THENCE westerly along the said south line to the west line of the said Canyon Lakes
Ranger District Administrative Site;
THENCE northerly along the said west line and its northerly extension to the south
right of way of Hemlock Street (4th Street);
THENCE westerly along the said south right of way to the north-south centerline of
the said Section 2 and to the easterly line of McMurry Park;
THENCE northerly, westerly and northwesterly along the said easterly line of
McMurry Park to the east-west centerline of the said Section 2;
THENCE easterly along the said east-west centerline to the west line of the plat of
Lakewood Estates Mobile Home Park;
THENCE northerly along the said west line to the northerly right of way of Hickory
Street;
THENCE easterly along the said northerly right of way to a line which is 25.00 feet
(measured at right angles)northeasterly of and parallel with the said centerline of the
main track of the Union Pacific Railroad;
THENCE northwesterly along the said parallel line to a line which is 328.50 feet
(measured at right angles) north of and parallel with the south line of the north east
quarter of the said Section 2;
THENCE easterly along the said parallel line to the west line of the east half of the
said northeast quarter of Section 2;
THENCE northerly along the said west line of the east half of the northeast quarter
to the Point of Beginning. (If there is any discrepancy between the legal description
and the Map, the legal description shall control).
Passed and adopted at a regular meeting of the City Council held this 21st day of December,
A.D. 2004.
Mayor
ATTEST:
City Clerk
RESOLUTION 2004-152
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS AND APPROVING THE URBAN RENEWAL PLAN
FOR THE NORTH COLLEGE AVENUE CORRIDOR
WHEREAS,by Resolution 2004-151,the City Council found and declared the area described
therein (the "Area") to be a blighted area as defined in the Colorado Urban Renewal Law, Sections
31-25-101, et sea., C.R.S. (the "Law"), and appropriate for inclusion in an urban renewal project;
and
WHEREAS,it is desirable and in the public interest that the City's Urban Renewal Authority
(the "Authority") undertake the urban renewal activities described in the North College Avenue
Urban Renewal Plan (the 'Plan"),which Plan is attached hereto as Exhibit "A"and by this reference
made a part hereof; and
WHEREAS, approval of the Plan will facilitate the elimination and prevention of blighted
areas and promote the redevelopment, conservation, and rehabilitation of the Area; and
WHEREAS, on December 21, 2004, the City Council conducted a public hearing and
reviewed the Plan pursuant to the procedural and notice requirements of the Law; and
WHEREAS, notice of the public hearing on the Plan was published as required by Section
31-25-107(3), C.R.S., at least thirty days prior to the public hearing; and
WHEREAS, reasonable efforts have been taken to provide written notice of the public
hearing to each property owner, business, and resident of the Area included in the Plan informing
them of the public hearing at least thirty days prior to the public hearing; and
WHEREAS, the Planning and Zoning Board has considered the Plan and made its
recommendation as required by the Law; and
WHEREAS, the City Council has considered the evidence presented in support of and in
opposition to the Plan,the Conditions Study,Planning and Zoning Board recommendation and staff
recommendation and has considered the legislative record and given appropriate weight to the
evidence and has determined to approve the Plan.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Area described in the Plan is found, determined and declared to be
a blighted area as defined in the Law. This is a finding by the City Council based upon the
Conditions Study and other evidence presented to City Council at a public hearing.
Section 2. That the boundaries of the Area described in the Plan have been drawn as
narrowly as is feasible to accomplish the planning and development objectives of the Plan.
Section 3. That the Plan has been submitted to the Board of County Commissioners of
Larimer County,Colorado,together with the information required by Section 31-25-107(3.5)of the
Law.
Section 4. That the Poudre School District has been permitted to participate in an
advisory capacity with respect to the inclusion in the Plan of the tax allocation provisions authorized
by Section 31-25-107(9) of the Law.
Section 5. That the Plan meets the requirements of Section 31-25-105.5(2)of the Law.
The Authority is authorized to acquire any interest in property by any manner available, including,
without limitation, by exercise of the power of eminent domain under the following terms and
conditions and any other requirements of any applicable law. The decision by the City Council to
authorize the use of eminent domain is based on its finding that the Area is a blighted area as defined
in the Law.
(a) The activities and undertakings that constitute the Project described in the
Plan shall be commenced no later than seven years from the effective date of
this Resolution.
(b) Not later than the commencement of the negotiation of an agreement for
redevelopment or rehabilitation of property acquired or to be acquired by
eminent domain, the Authority must provide notice and invite proposals for
redevelopment or rehabilitation from all property owners, residents, and
owners of business concerns located on the property acquired or to be
acquired by eminent domain in the Area by mailing notice to their last known
address of record. The Authority may also at the same time invite proposals
for redevelopment or rehabilitation from other interested persons who may
not be property owners,owners of business concerns,or residents within the
Area, and may provide notice thereof by publication in a newspaper having
a general circulation within the City.
(c) In the case of a set of parcels to be acquired by the Authority in connection
with the Project, at least one of which is owned by an owner refusing or
rejecting an agreement for the acquisition of the entire set of parcels, the
Authority must make a determination that the redevelopment or rehabilitation
of the remaining parcels is not viable under the Plan without the parcel at
issue.
(d) Acquisition of any property by eminent domain shall be for the purpose of
preventing or eliminating conditions of blight without regard to the economic
performance of the property to be acquired.
(e) Prior to exercising the power of eminent domain to transfer acquired property
to a private party as authorized in accordance with the Law, the Authority
shall adopt relocation assistance and land acquisition policies to benefit
displaced persons that are consistent with those set forth in Article 56 of Title
24,C.R.S.,to the extent applicable to the facts of each specific property,and,
at the time of the relocation of the owner or the occupant, shall provide
compensation or other forms of assistance to any displaced person in
accordance with such policies. In addition, in the case of a business concern
displaced by the acquisition of property by eminent domain, the Authority
shall make a business interruption payment to the business concern not to
exceed the lesser of $10,000 or one-fourth of the average annual taxable
income shown on the three most recent federal income tax returns of the
business concern.
(f) In any case where the acquisition of property by eminent domain by the
Authority displaces individuals,families,orbusiness concerns,the Authority
shall make reasonable efforts to relocate such individuals, families, or
business concerns within the Area, where such relocation is consistent with
the uses provided in the Plan, or in areas within reasonable proximity of, or
comparable to,the original location of such individuals,families,or business
concerns.
Section 6. That the Plan meets the requirements of the Law and the principal public
purpose for adoption of the Plan is to facilitate redevelopment of the Area in order to eliminate or
prevent the spread of a physically blighted area as defined in the Law.
Section 7. That to the extent that any relocation of individuals and families will be
required in connection with the Plan, a feasible method exists for the relocation of individuals and
families in decent, safe, and sanitary dwelling accommodations within their means and without
undue hardship to such individuals and families.
Section 8. That to the extent that any relocation of business concerns will be required
in connection with the Plan, a feasible method exists for the relocation of such business concerns in
the Area or in other areas that are not generally less desirable with respect to public utilities and
public and commercial facilities.
Section 9. That the City Council has taken reasonable efforts to provide written notice
of the public hearing prescribed by Section 31-25-107(3) of the Law to all property owners,
residents, and owners of business concerns in the Area at their last known addresses at least thirty
days prior to the public hearing on the Plan.
Section 10. That Section 31-25-107(4)(d)of the Law does not apply because no more than
120 days have passed since the commencement of the only public hearing on the Plan.
Section 11. That Section 31-25-107(4)(e) of the Law does not apply because the City
Council did not fail to previously approve the Plan.
Section 12. That the Plan conforms with "City Plan", which is the general plan for the
development of the City as a whole, and the Council expressly adopts as a finding, the provisions
contained in Section 6 of the Plan,pertaining to conformance with "City Plan" and particularly,the
"City Plan" principles and policies contained in said Section 6.
Section 13. That the Plan will afford maximum opportunity, consistent with the sound
needs of the municipality as a whole, for the rehabilitation or redevelopment of the Area described
in the Plan by private enterprise.
Section 14. That certain portions of the Area described in the Plan, having never been
heretofore developed, may constitute open land within the meaning of Sections 31-25-107(5) and
(6) of the Law. Much of the area described in the Plan constitutes "mixed use" land which may
include both non-residential and residential uses. Since this mixed use concept exists throughout
much of the area described in the Plan, even though most of the non-residential uses would likely
be located along North College Avenue, the Council also finds and determines that such non-
residential uses are necessary and appropriate to facilitate the proper growth and development of the
City in accordance with sound planning standards and local community objectives and that the
contemplated renewal of the Area, whether through acquisition or otherwise, may require the
exercise of governmental action because of being in a blighted area. Likewise, the Council further
finds that, with respect to the potential for the development of residential uses in the area described
in the Plan, there is a shortage of housing of sound standards and design which is decent, safe and
sanitary in the Area and that the need for housing accommodations has been or will be increased as
a result of the clearance of blight therein and that those conditions of blight in the Area and the
shortage of decent, safe and sanitary housing cause or contribute to an increase in and the spread of
disease and crime and constitute a menace to the public health, safety, morals or welfare; and that
the renewal of the Area(whether through acquisition or otherwise)for residential uses is an integral
part of the overall planning objectives of the City.
Passed and adopted at a regular meeting of the City Council held this 21 st day of December,
A.D. 2004.
Mayor
ATTEST:
City Clerk
ATTACHMENT
J
North College Avenue
Existing Conditions Study
Fort Collins, Colorado
December 21, 2004
Prepared by:
ia
City of Fort Co113na
Community Planning & Environmental Services
Advance Planning Department
281 N College Av/PO Box 580
Fort Collins, CO 80522-0580
Tel: 970-221-6376
Email: anlannine(aUcgov.com
Web: www.fcgov.com/advanceplanning
Table of Contents
1. Purpose........................................................................................................ 1
2. Scope ........................................................................................................... 2
3. Study Area ................................................................................................... 3
4. Conditions Relevant to Factors in the Urban Renewal Law..................... 5
5. Study Findings By Factor........................................................................... 6
5.1 Factor : Slum, Deteriorated, or Deteriorating Structures.............................................8
5.2 Factor: Predominance of Defective or Inadequate Street Layout ............................. 11
5.3 Factor: Faulty lot layout in relation to size, adequacy, accessibility, or usefulness...13
5.4 Factor: Unsanitary or unsafe conditions....................................................................17
5.5 Factor: Deterioration of site or other improvements..................................................19
5.6 Factor: Unusual topography or Inadequate public improvements or utilities.............22
5.7 Factor: Existence of conditions that endanger life or property
byfire and other causes.............................................................................................25
5.8 Factor: Buildings that are unsafe or unhealthy for persons to live or
work in because of building code violations, dilapidation, deterioration,
defective design, physical construction, or faulty or inadequate facilities...................26
5.9 Factor: Environmental contamination of buildings or property; .................................27
5.10 Factor: The existence of health, safety, or welfare factors requiring
high levels of municipal services or substantial physical underutilization
or vacancy of sites, buildings, or other improvements ...............................................28
5.11 Conditions Relevant to Factors in the Urban Renewal Law: Summary Map..............29
6. Study Findings & Conclusion................................................................... 31
North College Avenue Existing Conditions Study I
List of Figures
3. - Study Area Map........................................................................................4
5. - Conditions in the Study Area and Corresponding 'Blight Factors..............7
5.2b— Faulty Street Map............................................................................... 12
5.3.1 c — Faulty Lot Layout—Rear Areas.......................................................14
5.3.2c— Faulty Lot Layout—Isolated Parcels................................................ 15
It North College Avenue Existing Conditions Study
I . PURPOSE
The purpose of this study is to evaluate and determine whether the North College Avenue Corridor
("Study Area") constitutes a"blighted area" as defined in the Colorado Urban Renewal Law, Colo. Rev.
Stat. Section 31-25-101 et seq.
"Blighted area"is a specific, legal term defined as follows in the statute:
"Blighted area"means an area that, in its present condition and use and, by reason of the presence of
at least four of the following factors, substantially impairs or arrests the sound growth of the
municipality, retards the provision of housing accommodations, or constitutes an economic or social
liability, and is a menace to the public health, safety, morals, or welfare:
(a) slum, deteriorated, or deteriorating structures;
(b)predominance of defective or inadequate street layout;
(c)faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) unsanitary or unsafe conditions;
(e) deterioration of site or other improvements;
(n unusual topography or inadequate public improvements or utilities;
(g) defective or unusual conditions of title rendering the title nonmarketable;
(h) the existence of conditions that endanger life or property by fire and other causes;
(i) buildings that are unsafe or unhealthy for persons to live or work in because of
building code violations, dilapidation, deterioration, defective design,physical
construction, or faulty or inadequate facilities;
6) environmental contamination of buildings or property; or
(k.5) the existence of health, safety, or welfare factors requiring high levels of municipal
services or substantial physical underutilization or vacancy of sites, buildings, or other
improvements;
(1) if there is no objection by the property owner or owners and the tenant or tenants of
such owner or owners, if any, to the inclusion of such property in an urban renewal area,
"blighted area"also means an area that, in its present condition and use and, by reason
of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this
subsection (2), substantially impairs or arrests the sound growth of the municipality,
retards the provision of housing accommodations, or constitutes an economic or social
liability, and is a menace to the public health, safety, morals or welfare.for purposes of
this paragraph (1), the fact that an owner of an interest in such property does not object
to the inclusion ofsuch property in the urban renewal area does not mean that the owner
has waived any rights ofsuch owner in connection with laws governing condemnation.
North College Avenue Existing Conditions Study
2. SCOPE
This study evaluates a wide range of conditions in the Study Area that are relevant to the above-listed
factors. The evaluation includes on-site reconnaissance, interviews, and photographic documentation
involving City of Fort Collins staff from Advance Planning, Transportation, Engineering, Utilities, Fire,
Police, and Building Inspection departments.
In addition to years of attention by various City departments and the City Council, the study area was
visited and visually examined during the period from June 7, 2004 through July 12, 2004 by City Staff
to evaluate the factors listed in the Urban Renewal Law.
2 North College Avenue Existing Conditions Study
3. STUDY AREA
The Study Area generally corresponds to the 1995 North College Avenue Corridor Plan Study Area. It
includes properties along North College Avenue within the general area bounded by:
The Cache La Poudre River on the south,
the Larimer-Weld Canal on the north,
an irregular line generally about a quarter mile from North College Avenue on the west,
and irregular line generally extending to Redwood Street about a half mile from North College Avenue
on the east.
The Study Area is 525 acres in size. It consists of 295 real estate parcels with a total land area of about
476 acres. The remaining 49 acres within the Study Area are in public rights-of-way(these rights-of-
way comprise about 10% of the Study Area).
The Study Area is close to the heart and origin of the city—the furthest portion is about a mile and a half
from Downtown. It is centered on the spine of city—College Avenue/US Highway 287—which is Fort
Collins' "Main Street"running clear through the city to points beyond from Mexico to Canada. Despite
the close-in location and highway visibility, obstacles and limited connections have thwarted both public
improvements and private development over the years. Problems, deficiencies, and other issues
associated with outdated, substandard, and underused urban lands have been explored in several
previous planning processes and ongoing public discussion.
North College Avenue Existing Conditions Study 3
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4. CONDITIONS RELEVANT TO FACTORS IN THE URBAN RENEWAL
LAW
This evaluation of the Study Area identifies conditions relevant to 10 of the 11 statutory"blight factors",
as follows:
• slum, deteriorated, or deteriorating structures;
■ predominance of defective or inadequate street layout;
■ faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
• unsanitary or unsafe conditions;
• deterioration of site or other improvements;
• unusual topography or inadequate public improvements or utilities
• the existence of conditions that endanger life or property by fire or other causes;
• buildings that are unsafe or unhealthy for persons to live or work in
■ because of building code violations, dilapidation, deterioration, defective design,physical
construction, or faulty or inadequate facilities;
• environmental contamination of buildings or property;
• the existence of health, safety, or welfare factors requiring high levels of municipal services or
substantial physical underutilization or vacancy of sites,buildings, or other improvements
The ten factors above are readily apparent and evident within the Study Area, based upon direct
observation and review of planning documents. The one remaining factor is:
• defective or unusual conditions of title rendering the title nonmarketable
Because the presence of only four factors is the threshold for a finding of"blight', and evidence was
readily apparent for ten factors early in this study process, further title research was deemed to be
unnecessary for purposes of this study(conditions of title are not readily apparent through on-site
observation or review of planning documents). However, several problems with lack of legal access to
parcels, lack of addresses, and questionable parcel ownership are apparent in the area, suggesting that
this factor may in fact be present.
Evidence of"blight factors"was apparent throughout the entire Study Area. This does not mean that
every parcel exhibits evidence of the factors--some of the factors are evident on a spot basis; some on a
linear basis along streets and utility lines; and some on an area basis, in vacant, neglected, or deficient
areas within the Study Area. But when the factors are considered cumulatively, the entire Study Area is
affected.
North College Avenue Existing Conditions Study 5
5. STUDY FINDINGS BY FACTOR
Conditions pertaining to each factor are documented below. Certain conditions and photographs are
categorized under more than one factor as permitted by statute.
"`"S is a table summarizing salient conditions that constitute evidence of the presence of each factor.
This table is then followed by written descriptions,photographs, and map graphics documenting
evidence for each factor.
Conditions listed in the table are in no particular order, except to roughly correspond to the order of the
factors as listed in the Urban Renewal Law (e.g., Condemned Buildings are listed first because they
correspond to "Deteriorating Structures"which is the first factor listed, and so on).
6 North College Avenue Existing Conditions Study
5. - Blight Factors"and Corresponding Conditions in the Stud Area
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Buildings are Condemned,
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1603 and 1605 N. College , , _, � '„ X X X
Mobile Homes Exhibit Deterioration, 1303 and i ;R
P.
9 1403 N. College
p. 9 Building Exhibits Deterioration, 1505 N. College
p. 11 Parallel/Connecting Street Network is Lacking X X
15 Portions of Alpine and Hemlock Streets, &
p' Woodlawn Drive, Have No Right-Of-Way
Narrow, Deep Parcels Between 1295 and 1601 d;dy
N. College Create Rear Acreage With Limited
p. 13 Access, No Natural Public Surveillance, and X X
Marginal Uses(e.g. Junk, Dumping, Transient
Camps) u, 1+t ,
P. 16 Mobile Homes Have No Street or Sidewalk i
Frontage, 1303 N. College z :, X X
P. 15 Parcels in the Old Riverside Park Plat Area
Have No Legal Street Frontage,Addresses `
Most of North College Ave. i
p.25 Street Edge Lacks All Improvements, Containsr X X
Obstacles e. . hydrants, standpipes, holes
North College Ave. Lacks Curbs and Medians a
p 25 Needed To Control Access and Turning To „ ." „ X X
Prevent Crashes On Arterial Streets and
Hi hwa s
p. 20 Numerous Parkin Lots Are Deteriorated
Proposed Redwood St. Extension to North is
WHO
p. 22 Problematic Due to Abrupt Rise in Topography
27 Open Dumping is Evident in Dry Creek Behind i. � ;
p' 1303 N. College _ F X
Unpaved Streets—Alpine, Pinion, Hemlock, and
p. 23 Grape—are Substandard for Urban Use with ICE X
Poor Drainage, Maintenance, and Dust
Roadway Edges on Hickory St. Hibdon Ct, f
p.24 Bristlecone Dr., and Blue Spruce Dr. Have X
Missing, Broken, or Overgrown Sidewalks
p 19 Drainage Swales, 1605 and 1705 N. College iF X
Ave., are Erodina and Blocked by Debris if
p 24 Dry Creek Channel Is Filled &Blocked, No a� .: X X
Adequate System Exists For Storm Draina a m} ! ajN
North College Avenue Existing Conditions Study 7
5.1 FACTOR : SLUM, DETERIORATED, OR DETERIORATING STRUCTURES
The following examples exhibit evidence of deteriorated and deteriorating structures within the Study
Area:
5.1.1 A building at 1605 N. College Avenue that is condemned due to dilapidation and damage. It has
a leaking roof; broken windows; a collapsed portion; weed trees grown up around the
foundation; and broken and rotting fascias.
5.1.2 A building at 1603 N. College Avenue is condemned due to dilapidation and damage.
' !I
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5.1.1a 5.1.lb
5.1.2
8 North College Avenue Existing Conditions Study
5.1.3 A building at 1501 N. College Avenue has broken windows; bent metal fence panels installed as
a parapet screen to cover up the structure behind, and a failing wood soffit and fascia, as well as
a large sign structure consisting of bent,broken, rusting metal pipes.
5.1.4 Approximately 9 mobile homes at 1405 N. College Avenue have broken windows,bent and
broken metal skirts, and decaying trim and finish elements. In addition to the trailers themselves,
leaning and sagging overhead power lines and poles provide service; and fences and a mailbox
structure are deteriorated.
5.1.3a 5.1.3b
s .
5.1.4a 5.1.4b
North College Avenue Existing Conditions Study 9
5.1.5 Approximately 20 mobile homes at 1303 N. College Avenue have warped structures,joints, and
other parts, bent and broken skirts made of metal, fiberboard, and siding panels, and decaying
trim and finishes.
5.1.6 A building at 1804 North College Avenue, which has recently been cleaned up in response to
discussions with the Police department, still shows signs of deterioration with failing soffits,
fascias, and other elements.
5.1.7 A mobile home at 1908 North College Avenue exhibits evidence of deterioration in skirt
elements, windows, trim, and fencing.
I (
5.1.5a 5.1.5b
I,I F
5.1.6 5.1.7
10 North College Avenue Existing Conditions Study
5.2 FACTOR: PREDOMINANCE OF DEFECTIVE OR INADEQUATE STREET LAYOUT
The presence of this factor is noted in four adopted documents:
■ The North College Avenue Corridor Plan
■ The North College Avenue Access Management Plan
• The City of Fort Collins Master Street Plan
■ The Infill Infrastructure Report
These three documents illustrate the need for approximately 20 additional new streets or street
extensions, shown on Figure 5.2b, totaling about 2.9 additional street miles needed within the Study
Area(a.82-square mile area).
5.2a
The deficiency is a lack of a functional urban network of public access and utilities. This deficiency
creates compounded problems:
■ It does not define blocks for complete, healthy urban development with adequate services
■ It does not provide natural surveillance and policing of areas that are relatively hidden and
neglected without street access
■ It does not provide alternatives to North College Avenue/US Highway 287 for local access and
circulation within the area
■ It does not provide adequate fire access to buildings, especially in rear areas
North College Avenue Existing Conditions Study
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5.3 FACTOR: FAULTY LOT LAYOUT IN RELATION TO SIZE, ADEQUACY, ACCESSIBILITY,
OR USEFULNESS
Several portions of the Study Area exhibit evidence of this factor:
5.3.1 Numerous narrow, deep lots between 1295 and 1601 North College Avenue contain rear areas
which tend to either remain unused, or to accumulate marginal uses such as trailer storage,
deteriorated mobile homes,junk storage, and dumping. The subdivision pattern of makes it
difficult to retrofit streets and other appropriate infrastructure parallel to the highway because of
the need for agreement among multiple owners with different visions for the area, in order to
cross multiple parcels containing different uses.
N
5.3.1a 5.3.1b
North College Avenue Existing Conditions Study 13
5.3.1c—Faulty Lot Layout—Rear Areas
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Study Area Boundary @Rear areas with: N
9 -Poor access,
Property Lines -Limited usefulness,
Source.Gry of Fart caFim
Awkward subdivision pattern
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14 North College Avenue Existing Conditions Study
5.3.2 Several parcels in the southwest portion of the Study Area use access drives called Woodlawn
Drive and Hemlock Street, but have no actual street frontage, no legal access, and faulty
addresses due to a lack of platted rights-of-way. Related to this situation, there appears to be a
strip of land along the north side of the Forest Service property at 300 Hemlock which has no
owner. The status of both the access drives and the isolated parcels they serve is a point of
disagreement and confusion.
u tl
5.3.2a 5.3.2b
5.3.2c—Faulty Lot Layout—Isolated Parcels
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North College Avenue Existing Conditions Study ttt 15
5.3.3 A vacant land parcel at 423 Spaulding Lane has limited usefulness due to an awkward depth of
over 1,000 feet, with a width of only about 140 feet.
5.3.4 Aging utility infrastructure is extraordinarily challenging to maintain and replace due to
inadequate street right-of-ways combined with varying depths and sizes of multiple lots.
5.3.5 Some of the few remaining overhead power lines in the City exist along the rear of many lots
facing north College, and along Hickory Street as well. These overhead lines are deteriorating,
and have exceeded their expected life in some places. Conversion to underground and upgrading
capacity is planned for the future; however the conversion process is problematic due to the lot
layout which does not provide a continuous public right-of-way network.
5.3.6 Similarly, an old sewer line exists on the west side of College Avenue between Willox Lane and
the Poudre River. This sewer was constructed as part of the defunct North College Sanitation
District,with no street, alley, or other adequate public easement or right-of-way. The sewer is
vitrified clay pipe and has structural problems. Over the years, several buildings have been built
on or very near the sewer making it difficult to maintain and impossible to replace at the same
location.
i
5.3.4
16 North College Avenue Existing Conditions Study
5.4 FACTOR: UNSANITARY OR UNSAFE CONDITIONS
Several different kinds of conditions are evidence of this factor, ranging from hazardous traffic
movements, to condemned buildings, to obstacles for bicyclists, to vagrant camps and other dumping of
trash and debris. Considered both separately and cumulatively, these conditions can contribute to an
environment that contains unsanitary and unsafe areas.
5.4.1 North College Avenue is unsafe through the entire length of the Study Area, for all modes of
transportation, due to the following conditions:
■ Lack of bike lanes
■ Lack of sidewalks
■ Lack of defined driveway access along the highway
■ Lack of medians and controlled turn lanes to control turning movements on the highway
• Broken asphalt edges, ruts, frequent standing water, holes and depressions, and obstacles such as
hydrants, standpipes, remnants of signs, and other appurtenances along the roadway edge
zz1•SSiS
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5.4.la 5.4.1b
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5.4.1c 5.4.1d
North College Avenue Existing Conditions Study 17
5.4.2 Vacant condemned buildings at 1603 and 1605 North College Avenue are dangerous to persons
attempting to enter, represent a fire hazard, and tend to attract unlawful and illicit activity.
5.4.3 A number of mobile homes and dwellings at 1303, 1405, and 1902 North College Avenue have
no street or sidewalk access, with only narrow unpaved drive access, resulting in inadequate Fire
Access for emergency response.
5.4.4 A remnant of Dry Creek that remains behind 1303 North College Avenue, in a low visibility rear
area behind buildings facing the highway, is used for dumping trash, oil, tires, and other auto
parts; and the outlet pipe is inadequate and blocked by debris.
5.4.5 Several low-visibility areas along drainage ditches behind buildings facing the highway on the
east side, from about the 700 block to the 1100 block, are used as vagrant camps and accumulate
dumped trash, broken glass, used clothing, and other waste and debris.
5.4.4a 5.4.4b
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5.4.5a 5.4.5b
18 North College Avenue Existing Conditions Study
5.5 FACTOR: DETERIORATION OF SITE OR OTHER IMPROVEMENTS
Several different kinds of conditions are evidence of this factor, ranging from deteriorated pavements, to
broken fences, to old, deteriorating overhead powerlines, to delapidated appurtenances along the
highway edge, to heaved and overgrown sidewalks.
5.5.1 The corner of Alpine Street and North College Avenue exemplifies conditions found throughout
the Study Area: leaning poles,bent mailboxes, weeds, and broken and rutted asphalt.
5.5.2 Fences, mailboxes, power poles and lines, and other conditions associated with mobile homes in
rear areas are deteriorated, leaning, sagging, and broken.
5.5.3 Drainage swales at the 1600 and 1700 block of North College Avenue, west side, are eroding and
pipes are blocked.
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5.5.1 5.5.2
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5.5.3a 5.5.3b
North College Avenue Existing Conditions Study 19
5.5.4 A shed located on Grape Street is deteriorating.
5.5.5 One of the few sidewalks in the Study Area, located on Hibdon Court, is heaved and overgrown.
5.5.6 The asphalt railroad crossing at Hickory Street is buckling and warping.
5.5.7 Parking lots at 1629 and 1635 Blue Spruce Drive are deteriorating.
s
5.5.4 5.5.5
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5.5.6 5.5.7
20 North College Avenue Existing Conditions Study
5.5.8 Numerous roadside appurtenances are rusty and bent, exemplified by these stand pipes at the
Hickory Street/North College Avenue comer.
5.5.9 Overhead power lines are outdated and deteriorating with age.
5.5.10 Most of the Study Area lacks an adequate, coordinated drainage system. Different kinds and
sizes of pipes and inlets which exist are blocked,bent, occur with no functional plan. All
existing elements will need to be replaced as a functional drainage system evolves.
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5.5.8 5.5.9
5.5.10e 5.5.10b
North College Avenue Existing Conditions Study 21
5.6 FACTOR: UNUSUAL TOPOGRAPHY OR INADEQUATE PUBLIC IMPROVEMENTS OR
UTILITIES
Unusual topography creates one unique problem in one location. Evidence of inadequate public
improvements is prevalent throughout the Study Area.
5.6.1 The Study Area is relatively flat, poorly drained, and mostly within the Dry Creek floodplain and
floodway. Although this creates problems for developed properties, and challenges for future
development, for purposes of this study those problems are considered to be functions of
development rather than functions of unusual topography.
However, one condition is present at the north terminus of Redwood Street, where it connects to Willox
Lane at a "T" intersection. Redwood Street is planned for future extension to the north. It would be the
only such north-south street connection within the mile section bounded by North College Avenue and
Lemay Avenue, and so it is relatively important for circulation and traffic distribution. The problem is
that the 30-foot wide Larimer-Weld Canal is located about 240 feet north of the existing "T"
intersection; thus it must be crossed with a significant bridge structure. The canal is situated
significantly higher than the existing street, which creates an extraordinary design challenge in order for
the street extension to rise up and cross the canal with appropriate transitions and vertical curves. This
is unusual topography which makes proper street connectivity much more difficult and expensive.
5.6.1
22 North College Avenue Existing Conditions Study
A very substantial proportion of all public improvements and utilities in the Study Area are inadequate.
Some of the most apparent conditions include the following:
5.6.2 The Study Area lacks a functional street network to:
■ define blocks for more complete, healthy urban development
■ provide natural surveillance and policing of areas that are currently hidden and neglected without
street access
■ allow for consolidation of access points with a system of access management on North College
Avenue/US Highway 287
• provide alternatives to North College Avenue/US Highway 287for local access and circulation
within the area
■ provide adequate fire access to buildings especially in rear areas
5.6.3 The North College Avenue roadway lacks:
■ bike lanes
■ sidewalks
■ defined driveway access along the roadway
■ medians and controlled turn lanes to control turning movements on the highway
In addition, broken asphalt edges, ruts, frequent standing water, holes and depressions, and obstacles
such as hydrants, standpipes, remnants of signs, and other appurtenances line the roadway edge.
5.6.4 All or part of Alpine, Pinyon, Hemlock, and Grape Streets, and Woodlawn Drive, are unpaved
and unimproved, making maintenance difficult and creating dust, mud, and puddles.
5.6.5 Woodlawn Drive and portions of Alpine and Hemlock Streets lack dedicated public right-of-
way.
5.6.3 5.6.4
North College Avenue Existing Conditions Study 23
5.6.5 Residential(mobile home) development at 1303, 1405, and 1902 North College Avenue lacks
street or sidewalk access.
5.6.7 Most of the Study Area lacks an adequate, coordinated drainage system. Dry Creek has been
filled in and blocked. Different kinds and sizes of pipes and inlets exist with no functional plan.
Pipes are blocked by debris in several locations. All existing elements will need to be replaced
as a functional urban drainage system evolves.
5.6.8 An aging, inadequate 6-inch sewer line exists behind buildings facing North College Avenue in
the 1800 block.
5.6.9 An old sewer line exists on the west side of College Avenue between Willox Lane and the
Poudre River. This sewer was constructed as part of the former North College Sanitation District
with no street, alley, or other adequate public easement or right-of-way. The sewer is vitrified
clay pipe and has structural problems. Over the years, buildings were built on or very near the
sewer making it difficult to maintain and impossible to replace at the same location. Similarly,
an aging, inadequate 6-inch sewer line sewer line exists on the east side of College Avenue
between Willox Lane and Grape Street,behind the buildings which face College Avenue.
5.6.10 Parts of Bristlecone, Redeedar, Blue Spruce, and Conifer Streets lack sidewalks.
i
5.6.5 5.6.7a
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5.6.7b 5.6.10
24 North College Avenue Existing Conditions Study
5.7 FACTOR: EXISTENCE OF CONDITIONS THAT ENDANGER LIFE OR PROPERTY BY
FIRE AND OTHER CAUSES
The conditions most apparent as evidence of this factor are related to the North College Avenue
roadway itself. Secondarily, vacant condemned buildings represent a fire hazard.
5.7.1 North College Avenue is unsafe through the entire length of the Study Area, for all modes of
transportation, due to the following conditions:
• Lack of bike lanes
• Lack of sidewalks
■ Lack of defined driveway access along the roadway
• Lack of medians and controlled turn lanes to control turning movements on the highway Broken
asphalt edges, ruts, frequent standing water, holes and depressions, and obstacles such as
hydrants, standpipes, remnants of signs, and other appurtenances along the roadway edge.
5.7.2 Vacant condemned buildings at 1603 and 1605 North College Avenue are dangerous to persons
attempting to enter, represent a fire hazard, and tend to attract unlawful and illicit activity.
North College Avenue Existing Conditions Study
25
5.8 FACTOR: BUILDINGS THAT ARE UNSAFE OR UNHEALTHY FOR PERSONS TO LIVE OR
WORK IN BECAUSE OF BUILDING CODE VIOLATIONS, DILAPIDATION,
DETERIORATION, DEFECTIVE DESIGN, PHYSICAL CONSTRUCTION, OR FAULTY OR
INADEQUATE FACILITIES
The following examples exhibit evidence of being unsafe or unhealthy for persons:
5.8.1 A building at 1605 N. College Avenue is condemned due to dilapidation and damage. It has a
leaking roof, broken windows; a collapsed portion; weed trees grown up around the foundation;
and broken and rotting fascias.
5.8.2 A building at 1603 N. College is condemned due to dilapidation and damage.
26 North College Avenue Existing Conditions Study
5.9 FACTOR: ENVIRONMENTAL CONTAMINATION OF BUILDINGS OR PROPERTY;
5.9.1 A remnant of Dry Creek that remains behind 1303 North College Avenue, in a low visibility rear
area behind buildings facing the highway, is used for dumping trash, oil, auto fluid containers,
tires, and other auto parts.
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5.9.1
North College Avenue Existing Conditions Study
27
5.1 O FACTOR: THE EXISTENCE OF HEALTH, SAFETY, OR WELFARE FACTORS REQUIRING
HIGH LEVELS OF MUNICIPAL SERVICES OR SUBSTANTIAL PHYSICAL
UNDERUTILIZATION OR VACANCY OF SITES, BUILDINGS, OR OTHER IMPROVEMENTS
Substantial physical underutilization and vacancy of sites is a prominent condition throughout the Study
Area due to drainage deficiencies, street and infrastructure deficiencies, and various conditions that
create extraordinary problems for potential improvement projects.
5.10.1 Numerous narrow, deep lots between 1295 and 1601 North College Avenue contain rear areas
which tend to either remain unused, or to accumulate marginal uses such as trailer storage,
deteriorated mobile homes,junk storage, and dumping. This underutilization of sites is due to a
combination of conditions including lack of a functional urban network of public streets and
utilities, and presence of the Dry Creek floodplain. The subdivision pattern makes it difficult to
retrofit streets and other needed infrastructure because of the need for agreement among multiple
owners to cross multiple properties.
5.10.2 Vacant land near the northeast quadrant of the intersection of College Avenue and Willox Lane
remains unused and attracts unauthorized dumping and vagrant camping. The underutilization is
due to inadequate street infrastructure, combined with extraordinary difficulty in retrofitting
needed street and utility improvements.
5.10.3 Vacant land on the east side of North College Avenue behind buildings facing the highway, south
of Conifer Street, remains unused and attracts vagrant camping. The underutilization is due
primarily to presence of a floodplain and lack of a drainage system; and secondarily to lack of
street access and related infrastructure.
5.10.4 A residential parcel at 423 Spaulding Lane has limited usefulness due to an awkward depth of
over 1,000 feet, with a width of only about 140 feet. Also, an adjoining 19-acre parcel at 501
Spaulding Lane, which is designated to allow multi-family neighborhood development, has
limited usefulness due to a width of less than 300 feet along its Spaulding Lane frontage and the
need to construct Redwood Street, which is problematic due to topography and multiple-
ownership along its needed future alignment.
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5.10.2 5.10.4
28
North College Avenue Existing Conditions Study
5.11 CONDITIONS RELEVANT TO FACTORS IN THE URBAN RENEWAL LAW: SUMMARY
MAP
Evidence of"blight factors" was apparent throughout the entire Study Area. Some of the factors are
evident on a spot basis regarding an individual structure or parcel; some on a linear basis regarding
streets and utility lines; and some on an area basis, regarding underutilized or deficient areas within the
Study Area. This does not necessarily mean that every parcel exhibits evidence of the factors; but when
the factors are considered cumulatively, the entire Study Area is affected.
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North College Avenue Existing Conditions Study
29
6. STUDY FINDINGS & CONCLUSION
The presence of at least 4 statutory"blight factors"within an appropriately defined boundary, as
determined by City Council,warrants a finding of a"blighted area"under the Urban Renewal Law.
If the Study Area is determined to be such a"blighted area", the City would then be allowed to establish
an Urban Renewal Plan for development and public improvement projects to prevent further
deterioration and blight, and to remedy"blight'conditions.
Based on observed evidence, interviews, and adopted planning documents, the conclusion of this Study
is that ten of the"blight factors" established in the Colorado Urban Renewal Law, as amended, are
present within the Study Area; and that the area, either wholly or in part, is appropriate to be defined as a
"blighted area"qualified for Urban Renewal Plan remedies and activities as permitted in the statute.
North College Avenue Existing Conditions Study 31
ATTACHMENT
North College Avenue
Urban Renewal Plan
City of Fort Collins
Prepared for:
City of Fort Collins and
Fort Collins Urban Renewal Authority
December 21, 2004
North College Avenue Urban Renewal Plan
Table of Contents
1. Preface and Intent.......................................................................................... 3
2. Finding of "Blight"......................................................................................... 5
3. Plan Objectives.............................................................................................. 6
4. Renewal Activities ......................................................................................... 6
5. Development Standards and Procedures .................................................... 7
6. Conformance ................................................................................................. 8
UrbanRenewal Law .......................................................................................................... 8
CityPlan ............................................................................................................................ 8
7. Project Financing........................................................................................... 9
PropertyTax Increment.................................................................................................... 9
SalesTax Increment........................................................................................................ 10
Tax Increment Reimbursement..........................................................................10
8. Plan Advisory Group ................................................................................... 11
9. Modifications to the Plan ............................................................................ 11
10. Reasonable Variations .............................................................................. 11
North College Avenue urban Renewal Plan 2
1 . Preface and Intent
The North College Avenue Corridor Renewal Plan (Plan) is an Urban Renewal Plan prepared for the
Fort Collins Urban Renewal Authority (Authority) and the City of Fort Collins (the City), pursuant to
the provisions of the Urban Renewal Law, Colo. Rev. Stat. §§ 31-25-101 et seq. (Urban Renewal Law).
Terms used in the Plan have the same meaning as in the Urban Renewal Law.
The jurisdictional boundaries of the Authority are the same as the boundaries of the City. Within the
City boundaries there may be one or more urban renewal areas. This Plan describes the framework for
certain public undertakings constituting urban renewal projects and other authorized activities under the
Urban Renewal Law in the North College Corridor area, located in the City of Fort Collins, Latimer
County, Colorado.
The boundary of the area to which this Plan applies generally includes those properties located within
the area bounded by:
■ The Cache La Poudre River on the south,
■ the Larmer-Weld Canal on the north,
• an irregular line generally about a quarter mile from North College Avenue on the west,
• and irregular line generally extending to Redwood Street about a half mile from North College
Avenue on the east.
The plan area is depicted on the Boundary Map on the following page. A legal description of the area is
attached hereto as Appendix A.
North College Avenue Urban Renewal Plan 3
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This Plan was prepared for adoption by the City Council in recognition that the Renewal Area requires a
coordinated strategy, with financing possibilities, to eliminate blight and prevent the spread of blight,
and accomplish the City's development objectives for improving the viability of the area.
The Plan effort was originated in response to a request by existing property owners in the area. Owners
reached consensus and requested the establishment of a renewal plan after years of involvement in
public discussion. As a group, they recognize the problems with existing development, which is largely
outdated and substandard, constituting blighted conditions, and they want to stay involved in solutions
that fit the area.
The driving interest in the establishment of this Plan is to begin offering tax increment financing as a
tool to stimulate and leverage both public and private sector development (including redevelopment), to
help eliminate blight and prevent the spread of blight. It is the intent of this Plan for any development
projects and other implementation actions to be done in a responsive manner, with full consideration for
interests and concerns of property owners in the area.
Development and redevelopment in the area is anticipated to occur incrementally over a substantial
period of time.
2. Finding of "Blight"
Based on the evidence presented at a public hearing, and in the North College Avenue Existing
Conditions Study, dated September 29, 2004, a copy of which is attached hereto as Appendix `B" the
City Council, by Resolution 2004-118, made a finding that the Renewal Area was "blighted" as defined
by the Urban Renewal Law, by the existence of the following ten factors:
■ slum, deteriorated, or deteriorating structures;
■ predominance of defective or inadequate street layout;
■ faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
• unsanitary or unsafe conditions;
■ deterioration of site or other improvements;
• unusual topography or inadequate public improvements or utilities
■ the existence of conditions that endanger life or property by fire or other causes;
■ buildings that are unsafe or unhealthy for persons to live or work in because of building code
violations, dilapidation, deterioration, defective design, physical construction, or faulty or
inadequate facilities;
■ environmental contamination of buildings or property;
■ the existence of health, safety, or welfare factors requiring high levels of municipal services or
substantial physical underutilization or vacancy of sites, buildings, or other improvements
The City Council also found that these factors, taken together, substantially impair the sound growth of
the City, constitute an economic and social liability, and are a menace to the public heath, safety and
welfare of the community. Based on evidence of the "blighted" factors, the Renewal Area is appropriate
for authorized activities of the Authority pursuant to the Urban Renewal Law.
North College Avenue Urban Renewal Plan 5
3. Plan Objectives
The overall objective of this Plan is to remedy blight and prevent the spread of blight by assisting
implementation of the relevant provisions contained in the following documents:
■ North College Avenue Corridor Plan
• North College Avenue Access Management Plan
• City of Fort Collins Master Street Plan
■ Fort Collins Infill Infrastructure Report
■ City Plan (The City of Fort Collins Comprehensive Plan)
• City of Fort Collins Master Transportation Plan
• Dry Creek Drainage Basin Master Plan
To do this, this Plan is intended to stimulate private sector development in and around the Renewal
Area. A combination of private investment, Authority financing, and public investment will assist
progress toward the following additional objectives:
• To facilitate redevelopment and new development by private enterprise through cooperation
among developers and public agencies to plan, design, and build needed improvements
■ To address and remedy conditions in the area that impair or arrest the sound growth of the city
■ To implement the Comprehensive Plan and its related elements
■ To redevelop and rehabilitate the area in a manner which is compatible with and complementary
to unique circumstances in the area
■ To effectively utilize undeveloped and underdeveloped land
• To improve pedestrian, bicycle, and vehicular circulation and safety
■ To ultimately contribute to increased revenues for all taxing entities
■ To encourage the voluntary rehabilitation of buildings, improvements and conditions
■ To facilitate the enforcement of the laws and regulations applicable to the Renewal Area
• To watch for market and/or project opportunities to eliminate blight, and when such
opportunities exist, to take action within the financial, legal and political limits of the Authority
to acquire land, demolish and remove structures, provide relocation benefits, and pursue
redevelopment, improvement and rehabilitation projects.
4. Renewal Activities
To support progress toward the objectives, the Authority may undertake any of the following renewal
activities, as deemed appropriate for the elimination or prevention of blight factors within the renewal
area, pursuant to the Urban Renewal Law:
a. Public Improvements. The Authority may cause, finance or facilitate the design, installation,
construction and reconstruction of public improvements in the Renewal Area. In order to
promote the effective utilization of undeveloped and underdeveloped land in the Renewal Area,
the Authority may, among other things, enter into financial or other agreements with the City of
North College Avenue Urban Renewal Plan 6
Fort Collins to provide the City with financial or other support in order to encourage or cause the
City to invest funds for the improvement of storm drainage and street conditions and deficiencies
in the Renewal Area.
b. Purchase of Property. In the event that the Authority finds it necessary to purchase any real
property for an urban renewal project to remedy blight factors pursuant to the Urban Renewal
Law and this Plan, the Authority may do so by any legal means available, including the exercise
of the power of eminent domain, pursuant to the Urban Renewal Law. If the power of eminent
domain is to be exercised for the purpose of transfer of property to another private person or
entity, the Authority's decision whether to acquire the property through eminent domain shall be
guided by the following criteria, with the understanding that these guidelines shall not be
construed to constrain the Authority's legal ability to exercise the power of eminent domain:
■ all requirements of the Urban Renewal Law, including eminent domain
procedures, have been met;
■ other possible alternatives have been thoroughly considered by the Authority;
■ good faith negotiations by the Authority and/or the project developer have been
rejected by the property owner;
■ reasonable efforts have been undertaken to: (a) understand and address the
property owner's position and his or her desires for the property and for any
existing business on the site, and (b) work with the owner to either include the
owner in project planning or purchase the property and relocate the owner in
accordance with the Urban Renewal Law on terms and conditions acceptable to
the owner.
c. Demolition. The Authority may provide for the demolition of existing development and
clearance of sites as part of specific projects.
d. Participation Agreements. The Authority may enter into participation agreements with property
owners or developers in the renewal area to facilitate participation and assistance that the
Authority may choose to provide to such owners or developers. These may include provisions
regarding project planning, public improvements, financing, design, and any other matters
allowed pursuant to the Urban Renewal Law.
e. Relocation Assistance. It is not expected that the activities of the Authority will displace any
person, family, or business. However, to the extent that in the future the Authority may purchase
property causing displacement of any person, family, or business, it shall develop a relocation
program to assist any such party in finding another location pursuant to the Urban Renewal Law,
and provide relocation benefits consistent with the Urban Renewal Law. There shall be no
displacement of any person or business without there being in place a relocation program, which
program shall become a part of this Plan when adopted.
f. Hiring. The Authority may employ consultants, agents, and employees, permanent and
temporary, and it shall determine their qualifications, duties, and compensation.
g. Legal Authority. The Authority may also exercise all other powers given to it under the Urban
Renewal Law.
5. Development Standards and Procedures
Development within the Renewal Area shall be designed and processed in accordance with the City of
Fort Collins Land Use Code and other applicable standards, in the City's standard development review
procedures.
North College Avenue Urban Renewal Plan 7
6. Conformance
URBAN RENEWAL LAW
This Plan is in conformity with and subject to the applicable statutory requirements of the Urban
Renewal Law.
CITY PLAN
The City's adopted Comprehensive Plan, known as City Plan, describes desirable land use and
transportation patterns, with goals and policies for those topics along with community appearance and
design, the environment, open lands, housing, the economy, and growth management. In addition, the
adopted North College Avenue Corridor Plan is a related Element of City Plan.
Briefly summarized, the land use pattern envisioned by these plans for the Renewal Area is a
commercial corridor well-integrated with surrounding mixed-use and residential development. The
Renewal Area is envisioned to evolve with improved community design and streetscapes, in an
interconnected framework of streets and blocks. One of the purposes of this Plan is to implement the
vision for the Renewal Area as a commercial corridor with mixed-use residential improvements.
This Plan is intended to provide mechanisms to facilitate implementation of City Plan, and therefore it is
in direct conformance with City Plan.
The following excerpts from City Plan highlight the linkage between City Plan and this Urban Renewal
Plan. These are representative excerpts, and not an all-inclusive listing of relevant statements:
■ PRINCIPLE GM-8: The City will promote compatible infill and redevelopment in areas within
the Growth Management Area boundary. SEE FIGURE GM-8.
■ Policy GM-8.1 Targeted Redevelopment/Infill. Redevelopment and infill development will be
encouraged in targeted locations. The purpose of these areas is to channel growth where it will be
beneficial and can best improve access to jobs, housing and services with fewer and shorter auto trips.
These targeted areas are parts of the city where general agreement exists that development or
redevelopment is beneficial. A major goal is to increase economic activity in the area to benefit existing
residents and businesses and, where necessary, provide the stimulus to redevelop. These areas should be
defined from City Plan, Subarea Plans, Zoning and locational criteria such as:
a. Underutilized land
b. Areas already undergoing positive change, which is expected to continue
C. Areas where infrastructure capacity exists
d. Areas where public investment is warranted from a policy perspective
e. Areas with special opportunities, such as where major public or private
investment is already planned
f. Transportation opportunities:
• Along travel corridors
• Along enhanced travel corridors
North College Avenue Urban Renewal Plan 8
■ Policy GM-8.4 Remedy Infrastructure Deficiencies. The City will consider opportunities to
selectively correct infrastructure deficiencies in targeted areas, such as storm drainage and streets, so
that infill development or redevelopment does not pay an infrastructure "penalty" to remedy past
problems in existing developed areas.
■ Policy GM-8.5 Public Investment.
The City will consider opportunities, and the costs and benefits for targeted public investment in order to
encourage redevelopment and infrll development in appropriate locations.
■ Policy ECON-1.5 Maintain and Expand City Revenue Base. The City will ensure that
commercial uses that generate the sales and use tax revenues which support the City's financial base are
maintained and expanded. The City will also explore other options to expand and diversify its revenue
base, including targeted annexations of existing commercial corridors, such as the Mulberry Corridor, as
well as revenue sharing agreements with other communities.
a. The City will assist in identifying and preserving key undeveloped parcels in
appropriate locations for additional commercial activity.
b. The City will seek to strengthen existing commercial districts, such as the
Downtown, North College, Campus West, and the Foothills Mall.
C. The City will seek to maintain and enhance its attractiveness as a place to do
business in order to maintain its share of the region's sales and use tax base.
7. Project Financing
Specific projects may be financed in whole or in part by the Authority, under the tax increment
financing (TIF) provisions of CRS § 31-25-107(9)(a) of the Urban Renewal Law, or by any other
available source of financing authorized to be undertaken by the Authority pursuant to CRS § 31-25-105
of the Urban Renewal Law.
The Authority is authorized to: (a) finance urban renewal projects within the Renewal Area with
revenues from property tax increments, sales tax increments, interest income, federal loans or grants,
agreements with public, quasi-public or private parties and entities, loans or advances from any other
available source, and any other available sources of revenue; (b) issue bonds and incur other obligations
contemplated by the Urban Renewal Law in an amount sufficient to finance all or any part of a project
within the Renewal Area; and (c) borrow funds and create indebtedness in any authorized form in
carrying out this Plan. Any principal and interest on such indebtedness may be paid from property tax
increments, sales tax increments or any other funds, revenues, assets or properties legally available to
the Authority. Such methods may be combined to finance all or part of the Plan activities.
PROPERTY TAX INCREMENT
A fund for financing projects may be accrued and used by the Authority under the property tax
allocation financing provisions of the Urban Renewal Law. Under this method, property taxes levied
after the effective date of the approval of this Plan upon taxable property in the Renewal Area each year
by or for the benefit of any public body shall be divided for a period not to exceed twenty-five (25) years
after the effective date of the adoption of the tax allocation provision, as follows:
North College Avenue Urban Renewal Plan 9
Base Amount - That portion of the taxes which are produced by the levy at the rate fixed each year by or
for such public body upon the valuation for assessment of taxable property in the Renewal Area last
certified prior to the effective date of approval of the Plan or, as to an area later added to the Renewal
Area, the effective date of the modification of the Plan, shall be paid into the funds of each such public
body as are all other taxes collected by or for said public body.
Increment amount - That portion of said property taxes in excess of such base amount shall be allocated
to and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on,
and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred
by (whether funded, refunded, assumed or otherwise) the Authority for financing or refinancing, in
whole or in part, a specific project. Such increment amount shall also be used to pay for the Authority's
financial obligations incurred in the implementation of this Plan.
Unless and until the total valuation for assessment of the taxable property in the Renewal Area exceeds
the base valuation for assessment of the taxable property in the Renewal Area, all of the taxes levied
upon taxable property in the Renewal Area shall be paid in to the funds of the respective public bodies.
In the event that there is a general reassessment of taxable property valuations in Latimer County, which
are subject to division of valuation for assessment between base and increment, as provided above, the
portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted
in accordance with such reassessment. Note that at the time of this Plan adoption, such a general
reassessment occurs every two years, in the odd-numbered years.
When such bonds, loans, advances, indebtedness, and financial obligations, including interest thereon
and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in
the Renewal Area shall be paid into the funds of the respective public bodies.
SALES TAX INCREMENT
The project may also be financed by the Authority under the sales tax allocation financing provisions of
the Urban Renewal law. The act allows that upon the adoption or amendment of an Urban Renewal
Plan, sales taxes flowing to the City may be "frozen" at their current level. The current level is
established based on the previous twelve months prior to the adoption of this Plan. Thereafter, the City
can continue to receive this fixed sales tax revenue. The Urban Renewal Authority thereafter may
receive all, or an agreed upon portion of the additional sales taxes (the increment) which are generated
above the base. The Authority may use these incremental revenues to finance the issuance of bonds,
reimburse developers for public improvement costs, reimburse the City for public improvement costs
and pay off financial obligations and other debts incurred in the administration of the Urban Renewal
Plan. This increment is not an additional sales tax, but rather is a portion of the established tax collected
by the City, and the sales tax increment resulting from redevelopment efforts and activities contemplated
in this Plan.
TAX INCREMENT REIMBURSEMENT
Tax increment revenues may be used to reimburse the City and/or a developer for costs incurred for
improvements related to a project to pay the debt incurred by the Authority with such entities for urban
North College Avenue Urban Renewal Plan 10
renewal activities and purposes. Tax incremental revenues may also be used to pay bonded
indebtedness, financial obligations and debts of the Authority related to urban renewal activities under
this Plan.
8. Plan Advisory Group
To help tailor implementation of this Plan to unique circumstances in the area, a citizen advisory group
shall be formed with strong representation of owners in the North College Corridor area to render advice
to the URA Board of Commissioners (Board). Furthermore, to ensure effective communication, this
Plan recommends that the group include one or two members from City Council and a member from the
Planning and Zoning Board. The intent of this Plan is for URA Board of Commissioners to consult with
the Advisory Group on all significant actions and decisions of the Authority regarding this Plan.
9. Modifications to the Plan
This Plan may be modified pursuant to requirements and procedures set forth in CRS §31-25-107 of the
Urban Renewal Law governing such modifications.
10. Reasonable Variations
The Board shall have the ability to approve reasonable variations (as determined by the Board) from the
strict application of these Plan provisions, so long as such variations reasonably accommodate the intent
and purpose of this Plan and the Urban Renewal Law. Plan provisions may be altered by market
conditions, redevelopment opportunities and/or the needs of the community affected by the Plan.
North College Avenue Urban Renewal Plan 11
Appendix A - Legal Description
DESCRIPTION OF THE BOUNDARY OF THE NORTH COLLEGE URBAN RENEWAL PLAN
AREA
The North College Urban Renewal Plan Area is located in Sections 35 and 36 of Township 8 North
Range 69 West and in Sections 1, 2, 11 and 12 of Township 7 North Range 69 West all of the Sixth
Principal Meridian, City of Fort Collins, Latimer County, Colorado, being more particularly described
as follows;
Commencing at the northeast corner of the said Section 2;
THENCE westerly along the north line of Section 2 to the east one sixteenth corner on the north line of
Section 2 and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE northerly along the west line of the southeast quarter of the southeast quarter of the said
Section 35 to the north right of way of West Willox Lane;
THENCE easterly along the said north right of way, to the west line of Lot 21 of the Plat of The Re-
subdivision Of The Goehring Subdivision;
THENCE northerly along the west line of Lot 21 and along the west line of Lot 3 of the K-D Park
Subdivision to the northerly line of the North College Annexation to the said City;
THENCE northeasterly, northerly, easterly and southeasterly along the said northerly annexation line, to
the east most line of the said North College Annexation;
THENCE southerly along the said east most line and along the east line of the Nauta North College
Annexation to the said City to the north right of way of East Willox Lane;
THENCE easterly along the said north right of way, to the west line of the Willox Heights Annexation
to the said City;
THENCE northerly along the said west line to the north line of the said Willox Heights Annexation;
THENCE easterly, southerly and easterly along the said north line, to the east line of the said Willox
Heights Annexation;
THENCE southerly along the said east line and its southerly extension to the south right of way of the
said East Willox Lane;
THENCE westerly along the said south right of way to the east right of way of Blue Spruce Drive;
THENCE southerly along the said east right of way to the south line of the plat of Replat of Coachlight
Plaza;
THENCE easterly along the said south line to the east line of Block 5 of the plat of Replat No. 1 of
Evergreen Park;
THENCE southerly along the said east line to the south line of the plat of Nokomis Subdivision;
THENCE easterly along the said south line and its easterly extension to the easterly right of way of
Redwood Street;
THENCE southerly along the said easterly right of way and its southerly extension to the southerly
right of way of East Vine Drive;
THENCE westerly along the said southerly right of way to the easterly right of way of North College
Avenue;
THENCE southerly along the said easterly right of way to the southerly line of the said North College
Annexation;
THENCE westerly along the said southerly line, its westerly extension and along the southerly line of
the Griffin Addition to the said City to a line which is 75.00 feet (measured at right angles) westerly of
and parallel with the centerline of the main track of the Union Pacific Railroad;
North College Avenue Urban Renewal Plan 12
THENCE northerly along the said parallel line to the south line of the U.S. Department of Agriculture
Forest Service, Canyon Lakes Ranger District Administrative Site;
THENCE westerly along the said south line to the west line of the said Canyon Lakes Ranger District
Administrative Site;
THENCE northerly along the said west line and its northerly extension to the south right of way of
Hemlock Street (4th Street);
THENCE westerly along the said south right of way to the north-south centerline of the said Section 2
and to the easterly line of McMur y Park;
THENCE northerly, westerly and northwesterly along the said easterly line of McMurry Park to the
east-west centerline of the said Section 2;
THENCE easterly along the said east-west centerline to the west line of the plat of Lakewood Estates
Mobile Home Park;
THENCE northerly along the said west line to the northerly right of way of Hickory Street;
THENCE easterly along the said northerly right of way to a line which is 25.00 feet (measured at right
angles) northeasterly of and parallel with the said centerline of the main track of the Union Pacific
Railroad;
THENCE northwesterly along the said parallel line to a line which is 328.50 feet (measured at right
angles) north of and parallel with the south line of the north east quarter of the said Section 2;
THENCE easterly along the said parallel line to the west line of the east half of the said northeast
quarter of Section 2;
THENCE northerly along the said west line of the east half of the northeast quarter to the Point of
Beginning.
North College Avenue Urban Renewal Plan 13
ATTACHMENT 3
North Fort Collins Business
Association
Members of the City Council:
The North Fort Collins Business Association (NFCBA) extends its deepest thanks to the
City Council and to the City Staff for your help and cooperation in our efforts to build the
North Fort Collins corridor to the standards citizens have come to expect of our City.
We especially single out City Staffers who have assisted the Citizens' Advisory
Committee in developing an urban renewal plan for the area. They have worked hard to
explain the URA to the Committee and put together a plan acceptable to the CAC and the
Council.
Please be advised that the NFCBA supports the URP as written and amended by the
Council at the October Council work session. We do have several areas of the concern
which we urge the Council to address with a sensitivity to the needs of the business and
property owners of the area as well as to needs of the physical appearance of North Fort
Collins.
Please allow us to expand on those concerns.
Sales tax receipts—NFCBA urges the Council to consider blanket approval of sales tax
increment financing for North Fort Collins for the duration of the URA; and urges
Council to restrict this increment to uses in the North Fort Collins URP area. NFCBA
understands and stresses that it does not expect all sales tax collections to contribute to
the URP, only additions generated by new development in the URP.
NFCBA is sensitive to city-wide needs as they relate to sales tax. NFCBA's fear,
however, is that by not allocating future sales tax increment to the URP, the URP will lag
or fail because of lack of available tax increment. As one Council member phrased it,
North Fort Collins is "playing catch up," thus needs this additional funding to simply
reach the infrastructure level which the rest of Fort Collins enjoys.
Eminent domain—NFCBA urges the City Council to put even stronger language in the
URP to ensure that condemnation authority happens not only as a last resort, but happens
with generous relocation allowances and business interruption payments for any business
which suffers this fate. NFCBA's purpose in supporting the North Fort Collins URP is to
bring North Fort Collins up to current city infrastructure standards. NFCBA does not
intend the URP to displace any existing businesses or property owners.
When a person's property or livelihood is at stake, the URA must give primary
consideration to making that person financially whole.
Expanded boundaries—Within the letter and spirit of URA statues, the NFCBA urges
the City Council to consider expanding the present URP boundaries to include areas east
of College Avenue perhaps as far as Lemay Avenue, and south of Conifer Street to either
Vine or Lincoln.
NFCBA urges the Council to commission the City Staff to study the possible tax
increment, measured against the costs of infrastructure needs of the"expansion area" to
see if it makes economic sense to include this area in a revised and expanded URP.
NFCBA recognizes that the implementation of the URP for North Fort Collins is one
small step to upgrade North Fort Collins. So the NFCBA urges the City Council to put
the improvements to College Avenue from Vine Drive to Conifer Street at the top of the
list of-projects should the "Building on Basics" initiative be approved by voters in April.
Finally, the NFCBA respectfully requests that the City Council commission a report
showing how much income the City will derive during the present budget period from
property and sales/use taxes from the URP area, and outline City's expenditures during
that same period in the URP area.
Thank you again for your consideration.
Respectfully submitted,
I�[fictm rF'•
Dean Hoag, President
North Fort Collins Business Association
ATTACHMENT
RESOLUTION PZ 04-30
OF THE PLANNING AND ZONING BOARD
OF THE CITY OF FORT COLLINS
CONTAINING THE PLANNING AND ZONING BOARD'S WRITTEN
RECOMMENDATION TO THE CITY COUNCIL WITH RESPECT TO
THE PROPOSED URBAN RENEWAL PLAN FOR THE NORTH COLLEGE
CORRIDOR AREA
WHEREAS,by Resolution 2004-118 of the Council of the City of Fort Collins,
the Council has submitted to the Planning and Zoning Board the Urban Renewal Plan for
the North College Corridor Area, and its related Existing Conditions Study; and
WHEREAS, Planning and Zoning Board has, at its hearing on October 21, 2004,
considered and reviewed the Urban Renewal Plan for the North College Corridor Area
and its related Existing Conditions Study, for the purpose of determining the Plan's
conformity with the City's Comprehensive Plan, known as City Plan; and
WHEREAS, the Planning and Zoning Board desires,by this Resolution, to submit
its written recommendation with respect to said proposed Urban Renewal Plan to the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND
ZONING BOARD OF THE CITY OF FORT COLLINS that the Urban Renewal Plan for
the North College Corridor Area(and its related Existing Conditions Study)have been
considered by the Planning and Zoning Board and have been determined not to be in
conformity with the general plan for the development of the City,which is the City's
Comprehensive Plan, commonly known as "City Plan".
Passed and adopted at a regular meeting of the Plannin d Zo ' eld
this 21 st day of October, A.D. 2004. r
MikafTorgerson, Chair
ATTEST:
ameron Gloss, ecretary
ATTACHMENT 5
DRAFT'
Planning and Zoning Board Minutes
October01
00 .
Council Liaison: Karen Weitkunat Staff Liaison: Cameron Gloss
Chairperson: Mikal Torgerson Phone: (W) 416-7435
Vice Chair: Judy Meyer Phone: (W) 490-2172
Chairperson Torgerson called the meeting to order at 6:03 p.m.
Roll Call: Lingle, Craig, Schmidt, Gavaldon and Torgerson. Members Carpenter
and Meyer were absent.
Staff Present: Gloss, Eckman Waido, Mapes, Wamhoff, Virata, Buffington,
Vosburg and Deines.
Director of Current Planning Cameron Gloss reviewed the Consent and Discussion
Agendas:
Consent Agenda:
1. Minutes of the September 16, 2004 Planning and Zoning Board
Hearing.
2. Resolution PZ04-28, Easement Dedication.
3. Resolution PZ04-29, Easement Dedication.
4. #11-04 Liebl, Annexation and Zoning.
5. Recommendation to the General Manager of Utility Services for the
Center for Disease Control — Out of City Utility Request.
Discussion Agenda:
6. #36-04 North College Urban Renewal Plan.
7. #56-98Y Rigden Farm, Spectrum Retirement, Modification of Standard.
Planning and Zoning Board Minutes
October 21, 2004
Page 2
Project: Colorado Statutes 31-25-107 (2) requires the
City Council to formally submit the North
College Avenue Urban Renewal Plan to the
Planning and Zoning Board for its review and
recommendation as to the Urban Renewal
Plan's conformity with City Plan, the City's
Comprehensive Plan. The Planning and
Zoning Board needs to submit a written
recommendation to the City Council.
Hearing Testimony, Written Comments and Other Evidence:
Ken Waido, Chief Planner gave the staff presentation. He stated that all of the steps,
requirements, notifications and timing for the city of Fort Collins to develop an Urban
Renewal Plan for a portion of the community is governed by the State Statutes
contained in the Urban Renewal Law. The particular statute as to why we were here
tonight 31-25-107 (2) says that "before the City Council can approve an Urban Renewal
Plan, that plan needs to be referred to the Planning and Zoning Board" and asks the
Planning and Zoning Board for a recommendation as to whether or not the plan is
consistent or not with City Plan or the general Comprehensive Plan for the community.
It all boils down to a question of whether the North College Avenue Urban Renewal Plan
conforms to City Plan, the City's Comprehensive Plan. That is why we are here tonight.
Planner Waido went on to say that they have indicated within the plan itself, that the
North College Urban Renewal Plan will derive it's policy guidance from City Plan and
the North College Avenue Corridor Plan, which is a sub area plan element of City Plan,
and that the regulations of the city's Land Use Code are the governing document and
standards for any development or redevelopment project that would happen within the
plans boundaries. The Urban Renewal Plan develops no new policies, no new land use
designations, no new development regulations and no new design standards. All the
policy guidance is in City Plan and the Sub Area Plan and all the development
standards and regulations are contained in the Land Use Code and all its component
parts.
Staff's recommendation is that the Planning and Zoning Board recommend to the City
Council that the Urban Renewal Plan is in conformance with City Plan.
Planning and Zoning Board Minutes
October 21, 2004
Page 3
Public Input
David Wasson, General Manager of Valley Steel and Wire Company spoke to the
Board. He stated that as he reviewed the plan, he was concerned about the future
street layout in the North College area. Valley Steel and Wire is about a 14 million
dollar company in annual sales and they employ 16 people. It is a growing business
and they are in the midst of looking at an expansion and the land they purchased 6
years ago and adjoins their existing property would contain an 80 foot by 200 foot
building and overhead cranes that handle the steel that they move through and
distribute in a three state area. They would grow the business and have additional
employees and more taxes to the city of Fort Collins and the State of Colorado.
This proposal has two separate streets running through their property. One of the
proposed streets would go through the existing building and the other street is at the far
end of their five acres. The two streets would make it impossible for them to do
business not only at the present, much less with the additional building being planned
on the adjoining lot. The requirements in the proposal would require the removal of the
current warehouse in addition to the taking of the land at the far end, which would mean
a big loss of business because they would certainly have to relocate. The concern is
what they do in the immediate future. This building was being looked at getting through
the city process starting in the winter months which are coming up immediately.
Public input closed.
Chairperson Torgerson asked Mr. Waido to address the concern that was just raised.
He deferred to Clark Mapes, City Planner with Advanced Planning and co-project
manager.
Planner Mapes replied that the map in the plan is in the existing condition study, which
identifies the conditions in the area that represent evidence of certain "blight" factors in
the Urban Renewal Law. The map does indicate the kind of street system that is
needed in the area for more complete development and to address a whole bunch of
existing conditions there that create deficiencies, inadequacies, inadequate
infrastructure, lack of access, etc. These street segments come out of the Master
Street Plan and the North College Avenue Corridor Plan. They are intended to be a
guide for future development as it occurs. We don't yet know exactly how or when we
would implement these. They are shown in here simply as an illustration of the
deficiency of streets. Normal and typical city development usually consists of 25%
streets. This area consists of 10% streets. The deficiencies in the street system are
explained all throughout the existing conditions study. This is showing the vision for the
future and it would only happen as development occurs. It is not just Valley Steel
affected, these streets run across all different kinds of properties, some with buildings.
Planning and Zoning Board Minutes
October 21, 2004
Page 4
Chairperson Torgerson asked if the street system shown here is already part of existing
plans and is not being introduced as a part of this question.
Planner Mapes replied that was true. He stated that he really should talk to this
gentleman soon, and start a dialogue. There is nothing imminent; this may not even
happen in our lifetime.
Member Schmidt appreciated Planner Waido's discussion on what the Urban Renewal
Plan does not do, so could he discuss what it does do and what the goals are.
Planner Waido replied that the bottom line is that it is an implementation device that will
help achieve the policies in these plans both City Plan and the North College Avenue
Corridor Plan that talk about encouraging redevelopment and infill development. In City
Plan, particularly the targeted redevelopment areas are about nine in which North
College is one of them. Some of the tools that are critical or come into being with an
Urban Renewal Plan is the ability to use tax increment financing to help support funding
for infrastructure improvements like the deficiencies in street systems and storm
drainage systems. Tax increment financing is a way to capture taxes in the area to be
applied to capital improvements in the area. The second key tool within the Urban
Renewal Plan is the ability to use imminent domain for the acquisition of privately
owned property for the transfer of that property to a private developer. It will assist
developers, if they need it, in assembling and consolidating sufficient property to go
forth with development or a redevelopment plan. Those are the two key points that the
Urban Renewal Plan brings forth that we currently don't have in our arsenal.
Member Gavaldon asked if the streets of concern by Valley Steel were part of the
Master Street Plan now.
Planner Mapes replied that they are part of the North College Access Management Plan
and the North College Avenue Corridor Plan. There are a couple segments that are
collector streets and are on the Master Street Plan, the rest are local and are not on the
Master Street Plan.
Member Gavaldon asked if Valley Steel will they be able to expand.
Planner Mapes replied that this would not prevent them from expanding. We would look
at how they want to expand and try to negotiate so that the most critical buildings or
facilities — so there is an open yard or something where these streets can go. If push
comes to shove and they want to expand in the area where the streets are shown, he
was not exactly sure what we would do. We would try and negotiate with them, but if
push came to shove we would not stop their expansion based on this map. It could be
a tremendous loss of opportunity, which we are trying to prevent.
Planning and Zoning Board Minutes
October 21 , 2004
Page 5
Member Gavaldon asked if this plan, in any way, is taking land and forcing owners to
give up land.
Planner Waido replied the plan itself, no.
Member Gavaldon commented that these folks that come in down the road asking to
expand will have to adjust their plans or they won't be able to expand and if they don't
develop, the roads won't get built.
Planner Mapes replied that is kind of how the area got to be the way it is. Today the
development that is out there was all done prior to any planning or requirements for
streets, pipes, sidewalks or infrastructure. This plan is just an implementation of some
other discussions that have been in the works for along time. He wanted to be clear
that they were asked to do this by the North College Business Association that wants to
see improvements made somehow in the area.
Member Gavaldon asked about outreach.
Planner Waido responded that they mailed notifications to all business and property
owners, all which are requirements in the State law regarding notification of the Plan.
They mailed letters, there was an add run in the Coloradoan newspaper. It has been on
their website and they have followed everything that is normally required of notification.
Chairperson Torgerson wanted everyone to be clear that what they were entertaining
tonight does not institute any new land use patterns or plans of any kind.
Member Gavaldon asked Mr. Wasson from Valley Steel if he new of any of his
neighbors that are not aware of this plan and it's impacts.
Mr. Wasson could not answer that and he is not aware of any neighbors that are
unaware of it and is not aware of any neighbors that are except maybe Ken's Muffler.
Mr. Wasson agreed wholeheartedly that North College needs vast improvements and in
reading the document through, he was excited to see a lot of the steps that are talked
about in this plan. It is good for Fort Collins and is good for the neighborhoods around
North College. In looking at the details he got concerned when he saw the two streets
and being cut off at both ends which is half of the old land that they own and a third of
the new land that they purchased. That would hamstring them in the future planning.
Member Craig asked about a question that she had asked at worksession, "Why are
City Ordinances not being enforced that allows the area to deteriorate and exhibit this
slum and blight condition." Several of these are as simple as open dumping, which is
Planning and Zoning Board Minutes
October 21, 2004
Page 6
what was put down as one reason why the area is being declared "blight" and some
others. She asked Planner Waido to address that.
Planner Waido deferred to Planner Mapes. He stated that the response that is in the
memo came from two sources, Felix Lee, Department Head for the Building Inspection
Department who deals with the Code and the Building Code. Clark sent to him
paragraphs that deal with viewing "blight" as an accumulative effect.
Planner Mapes thought the question seemed to be getting at why don't we just go out
and fix the broken windows and pick up the trash, etc.
Member Craig asked why it has come to this. She stated that she has a rental in town
and if she even gets a weed in the alleyway and she has a letter saying you clean up
that weed or the city is going to come in and clean it up and bill you. Yet you get out to
North College and we are talking about people openly dumping and work our way
through this list. She is asking why hasn't this been enforced to where it is not a blight
condition and why can't we go further with that?
Planner Mapes wanted to give the larger perspective on the whole thing. The statute
clearly in listing these factors or conditions that together cumulative represent evidence
of blight as it is defined in that law. "Work together, work cumulatively and deal with
general language. Deal with general deficiencies such as inadequate infrastructure,
which is represented in some cases by the lack of street access into pretty significant
areas of land behind North College, which then end up being hidden from view with no
police surveillance, no other natural surveillance by people being back there. It is the
neglected rear areas in a lot of cases where you find dumping, camping and so forth.
Some of those things may be violating specific ordinances. The general deficiency and
infrastructure is not a violation of a city ordinance that any inspector can go out and
correct. He did not think that very many of the conditions that are shown in the study
are the kind of conditions that lend themselves to just simple enforcement by code
inspectors. One other part of the answer is that some of that code enforcement is done
on a complaint basis. When they first put this study together, he talked to the Building
Inspection Department and asked if they had been out looking at some of the things that
are in the study and they simply have not. They have not had complaints or a reason to
go back there.
Member Craig asked if Planner Mapes was saying that because they are back and out
of view, the inspectors have not been back there and required the landowners to clean
them up, and therefore we are calling this "blight".
Planning and Zoning Board Minutes
October 21, 2004
Page 7
Planner Mapes replied that the way to call this area blighted is to look at all of the
factors that are shown in this study. This is just a sampling of the most visible and most
apparent. That just does not sound right that the inspectors did not go back there and
see the broken window and tell the owner to fix the broken window, so now there is
blight. The inadequate infrastructure generally the deficiencies out there are beyond
that.
Member Craig stated that all she had to work off of was the matrix she was given and
some of those strike her as an enforcement issue. Some of them strike her as these
are all over the city. For us to think that a TIF is going to be our panacea for everything
in the city that has a bit of a problem. She has to come up with justification for why we
are even implementing a plan that has this TIF and blighted as part of it and she was
not getting that feeling here. She was asking for clarification.
Planner Mapes thought that this was trying to provide something — he did not know if
this tool is going to generate enough financing to really transform the area at least very
quickly. It is intended to get at the reasons why people are dumping in places, why
there are camps, why there are dilapidated buildings out there. The goal of this was
never a blight study, the goal was never to go out and find those items and then send
inspectors out and make people fix their broken windows and fix all the building
deterioration that you see. The goal is to address the underlying overall conditions.
Member Craig stated that we also have to justify it if we are going to create a TIF. We
also have to say "this is the blight conditions, this is how the TIF is going to help those
blight conditions". She was not getting a sense of that either.
Planner Mapes replied by supporting the plan clearly says that one of the main
objectives is to facilitate redevelopment projects that remedy the blight conditions. The
TIF is a way to provide some funding, whether it is a reimbursement to developers, or
whether it is a way to pay for some public improvements such as infrastructure. That is
the goal and that is how it is getting at the blight conditions.
Member Craig asked about the parallel streets that go through these properties, how
does the Urban Renewal Plan expect to accomplish this when it is going over so many
pieces of property? Is staff looking at imminent domain to accomplish this?
Planner Mapes replied no, negotiations as change occurs and dealing with development
as it occurs. Those lines on that map are going to take negotiations, consensus and
participation by those owners. This was talked about in 1994, about 10 years ago, that
is why it is the way it is now and has sat for the past 10 years. If there is no initiative
forthcoming for private development he believed it would be another 10 years before
any of those lines on the map get acted upon. When we go to act in the case of Valley
Planning and Zoning Board Minutes
October 21, 2004
Page 8
Steel, he sees there that he already has an answer for that particular case. He already
sees something that might come up in a negotiation that might work as an interim
solution. Interim on North College might mean as long as any of us are alive.
Member Lingle said that he thought he understood the intent of paragraph 5,
Development Standards and Procedures in the Plan relative to the Fort Collins Land
Use Code and all of the city standard development review procedures would govern the
implementation of the Urban Renewal Plan. A comment that came out of their task
force was that the Urban Renewal Plan, once in place, would trump all other zoning and
development standards. He wanted on the record a comfort level that this will protect
us from whatever statutory provisions that the Urban Renewal Authority would have and
that we don't trump other standards.
Planner Mapes replied that this plan could have been written describing a vision for
buildings and land uses and streets and design. It could have contained new standards
for how to achieve that, but it does not. It only refers back to the Land Use Code
standards. The statue allows an Urban Renewal Plan like this to do that, but we are not
doing that. This plan is intended to state that development will occur under all the
existing policies and standards.
Member Lingle said that one power that the Urban Renewal Authority would have would
be to demolish blighted buildings. What we are saying is that the city's Landmark
Preservation Commission and their historic designations, all those things would still
govern that kind of application.
Member Lingle asked if what they are being asked to consider is that the Urban
Renewal Plan is in conformance with both City Plan and the North College Avenue
Corridor Plan, and his understanding is that North College Avenue Corridor Plan is
considered a Sub Area Plan, and would the Board's finding have to be that things are
not violated in either document.
Planner Mapes replied that the Sub Area Plan is considered part of City Plan.
Planner Waido added that in theory and technically the documents are consistent. The
purpose of the Sub Area Plan is to lend greater detail, maybe more specific
development standards, set the policy basis for new zoning districts to be applied to just
that Sub Area Plan area.
Deputy City Attorney Eckman added that he thought both plans —you need to measure
this Urban Renewal Area Plan against both the City Plan general document as well as
the Sub Area Plan. If you see conflicts between the Sub Area Plan and City Plan itself,
he would think that the more specific would control over the more general. You would
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October 21, 2004
Page 9
want to try and give meaning to both policies, both the City Plan policy and the allegedly
conflicting Sub Area policy if at all possible. But if not, you should give credence to the
more specific provision.
Member Lingle stated that he reviewed both documents and he did not find conflicts
between City Plan and the North College Avenue Corridor Plan necessarily, but he does
find conflicts between the Urban Renewal Plan and the North College Avenue Corridor
Plan. In terms of discussions at the Advisory Committee level, it has become clear that
the kinds of projects that are going to be needed in this area to generate the kind of
money to get anything done, tends to be large scale retail and those kinds of
developments. Some of the listed goals in the North College Avenue Corridor Plan
include "an increase in residential development, a preservation of the existing small
local business character of the area and the continuation of the incubator area". The
whole visioning of that plan was to be an incubator of small business and things like
that. He was asking how to bridge that conflict.
Planner Waido responded that part of it is dealing with a timing issue. The North
College Avenue Corridor Plan was done 10 years ago and City Plan recognizes that the
plan needs to be updated. That is on their "to do" list. He does not know when that will
start, but they recognize that the plan is outdated and will need to be reviewed. Some
of the other things staff is going to do in relationship to the Renewal Plan is a market
study to see exactly what is the best potential uses are for the North College area and
then based on the summation of the market study, use that in looking at revising the
North College Avenue Corridor Plan.
He thought that what Member Lingle mentioned is not totally inconsistent with what the
Urban Renewal Plan says is predicting in some of the big developments we are talking
about. That will also depend on what the market study says. In some of the context in
which we were saying that some of those big projects were needed, was in the context
of that $73,000,000 price tag that the infill development team looked at the whole list of
wishes and wants for improvements on North College. He did not think that anyone
was thinking that all of this was going to come to fruition anytime in the very near future.
We hope that over the life of this plan, it depends on how you define success, success
might be finding a way to put in the top priority capital needs within the area over a
period of time and using the increment financing from the smaller businesses and
improvements that will go in and the utilization of vacant properties to create the money.
There are other tools available. Special Improvement Districts, General Improvement
Districts that are other financing mechanisms and just draw a parallel in what happened
in the downtown. They did not just use tax increment financing they set up districts and
set up a mill levy. All of those things are available and some may or may not be used in
the future.
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October 21, 2004
Page 10
Planner Mapes added that essentially this plan says that the Urban Renewal Authority
will do what the Urban Renewal law allows. Furthermore it says we are going to follow
City Plan and the North College Avenue Plan for guidance. This plan does not say that
we need three big new shopping centers to pay for the three projects that the committee
has talked about. That's conversation that they have been having, but it is not clear to
any of them, just how far they are going to be able to go. That was just conversation as
to the type of numbers it would take to build out the street network which is essentially
the backbone of everything that needs to be done out there. This plan does not say that
incubator businesses are out.
Member Schmidt asked about the public open houses and that there had been a
number of iterations of the plan, especially the eminent domain section had changed
substantially since those first plans, what was available to the people who came to the
open houses. Were they reviewing the plan on the assumption that the eminent domain
was not going to be used for private development and now we have substantially
changed that?
Planner Waido stated that he spent a lot of time at the open houses talking about
eminent domain to the people that attended the open houses. He cannot specifically
answer the question of what the plan specifically said about that. In all of their
notifications it directed the people to the web site or to call them to get a copy of the
plan. They definitely had access to the wording that is before them tonight.
Planner Mapes added that he remembers that the language was limiting on the use of
it.
Deputy City Attorney Eckman added that he did not think that they had changed the
substance of it much at all. It was more a matter of setting things out with bullets and
making things easier to read.
Planner Mapes said that they had almost place holder language that said something
about using it as a last resort, whereas we now have 5 conditions.
Member Schmidt read that this Plan could run for 25 years, so why if things are up in
the air with the market study and the need to redo the North College Avenue Corridor
Plan are we starting the clock ticking now. She may only live 25 more years, but for
some people hopefully their businesses will be there longer than that. You are saying
that we are going to establish this TIF and we are going to start the clock ticking and
they may see no benefit from it what so ever, especially if we are only going to support
incubator businesses that are bringing in a very low amount of tax increment. She
thought that was the whole benefit of the plan was so that you could use eminent
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October 21, 2004
Page 11
domain to acquire parcels that would then lend themselves to larger development
proposals that would bring in some money.
Planner Mapes replied that was not the main benefit. This eminent domain thing may
never get used and should be used very limited and as a last resort. The main reason
is the tax increment financing.
Planner Waido added that we started this process at the request of the North Fort
Collins Business Association and one of the steps in this process was to go and visit
some Urban Renewal Authorities in the Denver Metro Area. Staff saw things different
than what was anticipating happening here with the way they operated. One of the
things they came back with and talked to the Advisory Committee about was, do we
want to start the clock now, or should we wait until there is a project to begin the clock
ticking. He received several calls from Advisory Committee members and what he
heard from them was we don't care about losing a year or two; we want to get this in
place as quickly as we can. When the next meeting was held, it was reported back to
the committee that staff had changed our minds and did a one eighty from what was
said the previous meeting and staff was going to pursue adopting the plan whether or
not there was a development or redevelopment project in the works. That was pretty
unanimously accepted by the Advisory Committee.
Member Schmidt stated that her concern was, and Member Lingle raised this at this
morning's Advisory Committee meeting is that she was hearing a lot of different things
from the members. The whole issue of the sales tax increment, wanting that included
the change in the boundary, wanting that included, and then the eminent domain issue.
They were still talking about still getting this rewritten before it goes to Council. She
takes it that the view point of staff was that none of that will happen and staff is going to
stick with what the writing is now, so that is what they should vote on tonight. If the
people from the North College business corridor want to disagree with that then they
can go to Council.
Planner Mapes agreed.
Chairperson Torgerson wondered why it would take a very large project to make this
work. What is the difference between this and the DDA? Smaller projects in the DDA
boundary seems to generate enough tax increment to really make it worth while.
Planner Mapes replied that it does not have to be. There are authorities that deal with
very modest, a few thousand bucks and there are authorities that go out and build big
new shopping centers.
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October 21, 2004
Page 12
Chairperson Torgerson asked whether it works under the same central rules as the
DDA, which seems to him that this could be the impetus for lots of smaller projects. He
is trying to understand why everyone is saying that it is going to take three large
projects to really make this relevant.
Planner Mapes replied that they have some estimates of the infrastructure deficiencies
and you can imagine there are stacked layers as to high, medium and low. Funded,
partially funded and so forth. The high end is up in the millions. Then the question is
raised "what will it take" and that is where the three shopping centers comes in. We are
still discussing what kind of authority this is going to be. We have had the conversation,
but we have not finished it yet, but he feels that it does not necessarily have to be big
projects.
Chairperson Torgerson said that it would take a few big projects to solve the major
infrastructure deficiencies, but he thought that it was also true that this could be the
impetus for smaller redevelopment.
Member Craig stated that if she understood correctly, the DDA after it was established,
the very next year, the people in the DDA district voted to bond so they could borrow
money to get things going. Her impression was that this plan was not looking at
bonding; she has heard nothing about it. She thinks that is the difference between DDA
and this.
Planner Waido replied that she was right about the DDA, but bonding is borrowing
money and when you borrow money from someone, they are going to wonder how you
are going to pay back that money. There has to be development or redevelopment
projects somewhere along the line that is going to generate tax increment financing that
is going to pay back the bonds. If this gets adopted on November 16t', on November
17 we are not going to be out there trying to float a bond for North College Avenue
because nobody is going to want to buy that bond.
Member Craig said that is exactly why she brought that up. That is the difference
between this being just a TIF and the DDA as far as small projects and big projects and
how do you fill the pot.
Planner Mapes replied that the DDA has done some big projects. The DDA now will
take a property owner that wants to get a new awning on their building and work with
them on that.
Member Craig replied that is because DDA has filled the pot, and how they got the pot
filled in the first place is they threw some money into it. Was that not the purpose of
bonding and the loan to get money, to oil the machine so to speak?
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October 21 , 2004
Page 13
Planner Mapes replied that usually the bonding is done to pay for some specific
improvement, in case of the DDA, the parking structure and Old Town Square.
Chairperson Torgerson stated that if you were to look at the opportunity for tax
increment, DELTA and you looked at Old Town, he sees a lot more redevelopment area
in North College that he ever would have seen in Old Town. If he is looking at the
DELTA in terms of how the property taxes would change, he would see North College
as a lot bigger opportunity and therefore a better bonding situation.
Planner Mapes replied that there are more acres there. The existing valuation is much
less on North College than the value of the downtown area, but he thought you could
look at it that way. The potential is a lot of vacant property, 237 out of 527 acres is
vacant.
Member Lingle said when the Advisory Committee was having their discussions, it
wasn't that small incremental projects were not important and would not generate TIF,
but the impetus behind doing it was to get all of the 50 to 70 million dollars worth of back
log completed, so we were on a more even keel with South College and other areas in
terms of attractiveness of their properties and businesses. He thought that it was a slow
realization through a series of meetings that a bunch of small projects were not going to
generate enough money to dent it. It was going to take some big projects before
millions of dollars in increment financing was generated to actually accomplish anything.
Chairperson Torgerson's thought was that each redevelopment project has to bring
adequate public facilities and current standards adjacent to its project anyway, so if TIF
spurs redevelopment, incrementally that will occur throughout the entire district. It has
taken the DDA along time to make a difference in Old Town.
Planner Mapes thought that there was no harm in putting this in place and start having a
pool of tax increment financing accumulating. Maybe it would be little and maybe
something would come in to generate a lot, but either way, there is no harm.
Member Craig asked about when they went to Denver and looked at the Urban
Renewal Authorities that have been set up, were they looking at areas that were really
blighted; or more like our Old Town than a bunch a green fields like we are talking about
on North College.
Planner Waido replied that Arvada is very similar. Our discussions with Boulder were
about Crossroads and Boulder's new downtown hotel with public parking.
Member Craig replied that they were not just looking at a bunch of empty fields that they
were hoping to bring in development to help create money for a TIF.
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October 21, 2004
Page 14
Planner Mapes replied no, there is one that is a little close to that in Arvada. They did
not see anything quite like North College. Again these are real "no brainers" if you have
an aggressive city that wants to go out and lure shopping centers in and make new
shopping centers happen.
Member Craig asked why staff wanted to put the Urban Renewal Plan in place before a
market analysis is done.
Planner Waido replied that we have an existing plan that sets the stage. He thought the
market analysis would help us determine if that plan is still valid, or if there needs to be
adjustments made. It would also help determine whether we are going to use a bond to
help a redevelopment or development project. Is it the type of use we want to have and
help "subsidize" into the North College Avenue area?
Planner Mapes said that the question takes us back to an earlier one of why put this in
place now, why not wait until we know everything about what we are going to do. We
could have done it that way, the risk is, you do the market analysis later, you update the
North College Plan later, a project comes in later and now again, conditions have
changed, mainly political conditions and consensus among the people in the area and
consensus among City Council which is very strong right now. We are going to just let
the wheels keep turning and put it place and then follow up. It is more a matter of there
is no harm in it.
Member Craig was concerned with putting the TIF in the plan in hopes that we will start
doing something with it. We start doing something with it and yet we are two years out
of really doing a market analysis and we might even change zoning out there after we
have done a market analysis. Look at the East Mulberry Plan and quite a few changes
from what it originally looked like. It concerns her that development may occur because
of the TIF and yet it will not follow the market analysis for what the future plan is. She
was disappointed in the original North College Plan that no market analysis was done.
It was more of staff and stakeholders sat down and said what they thought. She did not
think the theory had even been looked at to solve that.
Planner Mapes thought that if any development comes in, it would be a coffee shop,
and there are rumors of a King Soopers. If this is in place and if any further
development does occur, then there would be small amounts of money accumulating
from the TIF. He really did not think we would be out enticing development.
Member Craig asked if this area was in an enterprise zone or not. In the North College
Plan, it says it is in an enterprise zone and wants to use that to promote business.
Obviously if staff did not even remember that it was in there, nobody has been
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October 21 , 2004
Page 15
promoting it for the last 10 years. She was curious if it was still a possibility and how
that fits in.
Planner Waido replied that he did not know where the boundaries were. He did know
that we are currently working with a property owner to extend the enterprise zone to
incorporate his particular development proposal. He thought that the enterprise zone
does exist, but it is not in the boundaries of this Urban Renewal Plan area.
Director Gloss added that the enterprise zone program is run through the State,
facilitated by the County, and they have an enterprise zone manager that works with
businesses that would like to expand or move into a particular area. The growth of jobs
is really the key factor so a coffee shop would not have a significant gain by going into
an enterprise zone area, whereas some other type of employment where there are clear
creation of jobs, that has a great benefit to the enterprise zone and they receive certain
breaks.
Member Craig did notice from the North College Plan that it showed quite a bit of area
that is light industrial and industrial. Trying to bring jobs into this area is why she felt it
was appropriate that we know whether it has the ability to be an enterprise zone. Her
impression is that the State has already designated certain areas and that is why she is
checking into this. It strikes her as a pretty strong tool because when you bring jobs, it
is those jobs that will service the coffee shops and the little businesses that we want on
North College. The reason the downtown is so viable is that the city and government
has helped it by putting jobs downtown so they have people who will go to those
restaurants and coffee shops. She thought this was a very important issue for this area.
Member Craig said she hears staff, but the TIF is not going to solve the problem and if
we really feel like it is a problem that we want to address and we want to solve, she
thought there were a lot of tools that are not being used and it bothers her. One, that
we are saying that the TIF is going to be the answer or we are selling it to these
stakeholders that this is going to be the answer when she doesn't even think it is going
to come close. Two, she does not like the feeling of "what is it going to hurt", well pretty
soon we are going to start to TIF everything from the Foothills Fashion Mall to out by the
Interstate and she did not think that TIF should be used that way.
Member Schmidt stated that when she was reading the North College Plan it talks about
some of the main detriments to development in that area being the truck traffic and the
train problems. She was concerned that we are developing this TIF and it will not
address those problems so we still may not see any real changes in the development of
that area.
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October 21, 2004
Page 16
Member Schmidt asked what the benefits were to having this Urban Renewal Plan
versus dealing with situations the way we did with the Lifestyle Center. Basically they
came in and said that they were going to do this great wondrous thing for you and now
we want some TIF or whatever they were able to get. What is the difference between
doing it on a case by case development basis versus having this Urban Renewal Plan?
Planner Mapes replied the big difference is property tax TIF. The concept behind this is
that the increased value of property after it redevelops creates an increased property
tax. That increase is reimbursed back into to help pay for the project on the theory that
it help make the project happen in the first place. It is tailored specifically to areas such
as North College where there is a wide spread agreement that the area is stagnant and
it is not happening. Taking this increased value of property tax and putting it back into
the project that generated it in the first place.
Chairperson Torgerson thought that it was totally inappropriate to single out large
businesses that bring in large amounts of sales tax and negate a steel factory that
wants to expand or a coffee shop that wants to expand. He thought it was more fair to
spread it evenly and fairly across the district that needs improvements amongst
anybody that wants to redevelop in that area rather than picking a King Sooper's or a
Lifestyle Center.
Member Schmidt was concerned about existing businesses that are currently there and
are now designated in a "blighted area" that their property values would be less.
Member Craig asked about a previous consideration by the DDA to annex this area.
She wondered why staff and Council are not considering that because the DDA would
already have money to invest in the area.
Planner Waido replied that the DDA Board does not want the area. It was a
consideration to them and they said no.
Member Craig asked if they said no because it was not a Wal-Mart that would bring in 4
million dollars or did they say no because, what?
Planner Waido replied he did not know, he was not there and Wal-Mart went to DDA not
the other way around.
Planner Mapes did not have written documentation of this but his understanding is that
the DDA is focused on Downtown; they have a number of issues they are dealing with.
Very difficult issues of trade-offs and priorities and they don't have the capacity to take
this area in.
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October 21, 2004
Page 17
Chairperson Torgerson stated that he was a party to those meetings and it was
discussed and studied at length. When the DDA was getting close to the end of their
Charter before the State extended their Charter, discussions were going on for weeks to
expand the boundary. Not just to the north, but they looked at all the boundary and they
decided that they have a lot of ongoing major redevelopment areas such as the river
and the Civic Center that they needed to focus their resources on those things to
accomplish their goals. It would dilute their cause to be expanding their boundary.
Member Craig asked then why were they willing to flagpole and expand it out to
Mulberry to a business that really should be helping the Mulberry Corridor.
Chairperson Torgerson replied he did not know.
Member Gavaldon asked about enforcement and why were citations not being written
for weeds and so forth. He thought that blight could have been prevented in many ways
and felt that enforcement was not consistent.
Planner Mapes replied that he did not know.
Chairperson Torgerson thought that this area developed before building codes, zoning
codes were enforcing things like street connectivity, storm water infrastructure and
buildings and areas have a life span that a lot of these buildings and blocks are coming
to the end of. Inherently as they degrade there is not a monetary incentive for people to
reinvest. He thought that was really the bottom line. He did not think that if we had
people up there giving out tickets every other day that it would improve the problem
areas.
Deputy City Attorney Eckman clarified that Section 3 and Section 6 of the Plan are
instructive in terms of what its purpose is and whether or not it is designed to promote
the Comprehensive Plan and the Corridor Area Plan. The document that we are
looking at is the written plan itself. In Section 3, it gives a list of the various elements of
the Comprehensive Plan that seem to be applicable here and it indicates that its
purpose is to implement those. All of Section 6 deals with City Plan. He stated that
before City Council some specific policies and principles of the City Plan that may be
promoted by this may be added.
Mr. Eckman informed the Board that at the City Council Study Session they indicated a
favorable attitude towards the sales tax increment. There is nothing in this plan that
mentions that, so we will be adding some language that deals with the sales tax
increment before the plan is adopted.
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October 21 , 2004
Page 18
Mr. Eckman advised the Board that what they should be voting on tonight is whether
this plan meets the state statute requirement of whether this plan conforms to the
Comprehensive Plan or not.
Member Lingle was struggling because he thinks that this complies with City Plan but
not the current writing of the North College Corridor Plan.
Mr. Eckman asked where in the Plan did he see a conflict with the North College
Corridor Plan.
Member Lingle replied the section that is titled Goals.
Member Schmidt added that in the Urban Plan it says, "the intent and purpose of this
Plan is to remedy blight and prevent the spread of blight by insisting implementation of
relevant provisions contained in these documents." Again she asks how this plan deals
with the trains on North College or the truck traffic on North College that were outlined
as detriments to the development of the North College area. That to her is a big "riff'
and in dealing with the basic City Plan, especially now if we are going to include sales
tax, she has a problem with Member Craig's idea of TlFing everywhere. If we are
looking at the well being of the whole city that is to maintain and expand the city
revenue base, then actually this is compartmentalizing the city's revenue base by
allowing these districts to each keep their own buckets of tax money.
Planner Waido replied that it was up to Council, but her concern about TlFing
everywhere is why the sales tax on a case by case basis is the one that is more critical
versus the property tax. What the property tax increment allows us to do is the city gets
the increased tax to itself versus sharing it with the other taxing entities like the School
District and the County. If you don't have the Urban Renewal Plan in the area and an
assessment on a property doubles, the city could only get 9 mills of that doubling value
and the School District and County would get whatever those taxes are. The property
tax TIF we get all of. The sales tax is another issue and that is why we are saying it is
on a case by case basis because sales tax is a city wide tax that the General Fund is so
reliant on and it would need to be a Council decision on a case by case bases if the
project is asking for a sales tax TIF.
Planner Mapes asked what in the Urban Renewal Plan did Member Lingle think did not
comply with in the North College Corridor Plan.
Member Lingle replied that its not that there is anything that is written in the Plan that
says it can't happen this way, but from the discussions in the Advisory Committee, he is
convinced that that the only way to make this successful is to promote larger scale
redevelopment, primarily retail. The first one of those developments that comes in the
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October 21, 2004
Page 19
door and displaces 4 or 5 locally owned businesses that the North College Avenue
Corridor Plan says is a goal to preserve, then he knows who is going to win that battle.
He was wondering if there was a way that we could say that the Plan is in compliance
with the general concepts of City Plan, but admits that the Plan may not be in
conformance with the current writing of the Corridor Plan.
Planner Mapes asked Member Lingle if he thought that we would get three large
shopping centers under this Plan.
Member Lingle replied he thought that once the authority is created it is empowered to
do that and City Councils will change and staff will change and who knows 10 years
from now there may be people very aggressively going after things that would clearly be
in conflict with current goals of the Corridor Plan.
Deputy City Attorney Eckman added that since the written Plan has as one of its
objectives to implement the Comprehensive Plan and its related elements and lists
some of them, if we find ourselves promoting a large shopping center that actually
eliminates some of the small businesses as Member Lingle was concerned about, that
may be a problem and we may need to go into the North College Avenue Corridor Plan
before anything happens and take a look at whether it needs to be considered for
amendment.
Member Schmidt commented that went back to her original point that we are putting the
cart before the horse. To her even if Chairperson Torgerson doesn't think a market
study is required, she does because she did not think that three retail centers would
make it on North College. As they talked about on the Committee, there are some other
things that would be beneficial to have in the area. That could provide some focus and
rewriting of the whole North College Plan so we have an agreement. She thought that
right now on the Citizens Advisory Committee there are a lot of different feelings about
how things should go and what the future should look like, but at least have a clearer
path on where we want to go and then possibly put something together when we have
the steps in place. Instead of saying that we have something here that gives these
broad powers because frankly she is still worried about the eminent domain issue, and
let it sit there. It could be sitting there for 10 years and a lot of things could have
changed.
Planner Mapes replied that he fully understands what she is getting at there. In fact she
is getting into contradictions that are reflected in the existing plan that says that the area
will retain its small business character. There have been contradictions out there since
before we did the North College Plan which was also done in response to a request by
people in the area. If you talk to the group up there, you will hear that they have been
neglected, the area has been neglected, the area has remained stagnant, we have
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October 21, 2004
Page 20
been ignored, we are not getting our fair share of growth and we are not getting
upgraded development as you see everywhere else in the city. We want to see
improvement and we can accept change. Then you start talking about what that would
look like and eventually it comes down to change. A building gets replaced or a street
gets punched through where there wasn't one. There is a contradiction there and he
hears what they were saying that they would like to resolve all of the issues and then
put the Plan in place. We will continue to pursue this, the people in the area have gone
from an absolute rejection of an Urban Renewal Authority in 1994 to asking staff to do
this now with some of the contradictions still lingering.
Member Schmidt reminded Planner Mapes people came forth with going into this Urban
Renewal Plan on miss information that they received from the previous City Manager.
That is why we have gone through the lengthy process of starting down the road of
finding out what the correct information is and what implications it really is going to
have.
Member Gavaldon moved that the Board send a recommendation to City Council
to not adopt the Urban Renewal Plan based on the fact that it is not in compliance
or consistent with the North College Avenue Corridor Plan as written, the City of
Fort Collins Master Street Plan because it is missing components and City Plan
as it is interpreted.
Member Craig asked staff if the only missing components are local streets and local
streets are not usually put on the Master Street Plan.
Planner Mapes replied that the map that illustrates the needed street network contains a
couple of segments which are shown on the Master Street Plan, the collectors, it also
contains additional segments, illustrative only, that are local streets and yes, they would
never be put on the Master Street Plan.
Member Gavaldon removed the part of the motion regarding the Master Street
Plan.
Member Gavaldon added to the motion that the Resolution be changed to read
that the Plan has been determine to not be in conformance with the general plan
for the development of the City, which is the City's Comprehensive Plan,
commonly known as "City Plan".
Member Craig seconded the motion with the amendments.
Member Lingle would not be supporting the motion as worded because he really wants
to support the Urban Renewal Plan in concept. He was having a hard time coming to
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October 21, 2004
Page 21
grips with how he could do that with some of the things not being up to where it should
be in terms of needing adjustment. He wanted to explore it more on the positive side.
Member Craig commented that if the motion were would Council consider continuing
this and look at some of these concerns then she could understand not wanting to
support the motion. The fact is that it either is or is not going.
Member Lingle stated that if the motion were to recommend that City Council delay their
decision until these things are done that would be different than the motion on the table.
Member Lingle stated that at the last Council Study Session, there was a general
consensus among the Council that they were in favor of the concept of the Plan.
Planner Waido stated that a week ago, there was a study session with the Council and
we went a specific direction on four issues that were still hanging out there through
staffs work with the Citizen Advisory Committee. The Council dealt with whether or not
the plan should address sales tax, whether or not a boundary amendment should be
made, whether or not there is an Advisory Committee and whether or not eminent
domain wording was appropriate the way it was drafted in the plan. Staff got positive
direction from Council on all of those issues. The boundary issue dealt with whether or
not to delay the plan in order to consider a boundary amendment or did Council want to
continue on with the process and adopt this plan by the end of the year. The Council
wanted to adopt the plan and look at the boundary amendment as a plan amendment at
some point in the future.
Planner Waido stated that the only other comment he wanted to make related to the
Board being uncomfortable with the North College Corridor Plan and City Plan
recognizes that the Plan needs to be updated.
Member Schmidt commented that in City Plan it just says that existing Sub Area plans
will be reviewed and be made consistent with City Plan as needed for plans or plans to
be updated. It sounds like it is only going to "tweak" it as far as keeping it in line with
City Plan, which possibly the issue with the bike lanes be one of those areas. As far as
changing the Vision and Goals, it may not change. Her feeling is it needs to be revisited
from the standpoint of what is the commitment of the community out there and then she
would rather see a more specific Urban Renewal Plan rather than just leave this very
general open plan. She just feels that there is still just too much frustration on the
Citizen Advisory Committee and lack of connection with the other two plans; she doesn't
feel comfortable forwarding this Ian at this time.
Member Craig commented that it was stated that the purpose of the Urban Renewal
Plan was to create a TIF and the use of eminent domain. She did not see anything in
Planning and Zoning Board Minutes
October 21, 2004
Page 22
the North College Plan that led her to the conclusion that that's what their intent was.
She saw where they said at a grocery store because that would facilitate growth. She
saw where one of the main constraints was Dry Creek and she did not think that the TIF
would address that and she would hate to see eminent domain to address that. She
worries that Council will think that they have solved that problem. They have sat on a
plan for 10 years and it does not strike her as any aggression on their part to try and
solve the problems that have been brought up in that plan.
Member Craig went on to say that Council has not even looked at the enterprise zone
and see what they could do with that and possibly make some zone changes to
promote the kind of growth they are looking for. She does think that it has been growing
there over the last ten years, maybe not as much as the stakeholders would like. She
really feels that if Council wants to solve the problems on North College, they need to
become aggressive and they need to get the market analysis, they need to possibly put
on the Council Policy Agenda how we can get funding, how we can try and solve some
of these problems. Staff, themselves have said that this Urban Renewal Plan is not
going to solve the problems.
Planner Waido responded that we can look at it as one tool, and Dry Creek was
mentioned in which a capital project is online to deal with the Dry Creek and essentially
eliminate the floodplain through the North College Corridor area. The new BOB
currently has a project, which is not on the final list to go onto the ballet to improve
College Avenue from existing Vine up to Conifer. There are capital projects, potential
use of TIF money or a Special Improvement District. We are just adding another tool
into the tool box.
Member Gavaldon did not feel this was a good tool to put into the toolbox and would not
be supporting the motion.
Chairperson Torgerson would not be supporting the motion. He thought that this is the
best chance North College has to start renewing itself in the near future. The relevant
thing about property tax increment is that the only part that goes back into the area is
that increment that is created by redevelopment. If redevelopment does not occur, then
that increment never occurred. You are not really taking taxes from anyone; you are
taking tax that never would have occurred unless they had an incentive to redevelop.
The motion was approved 4-2 with Members Lingle and Torgerson voting in the
negative. Member Carpenter was absent.
Other Business