HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2007 - ITEMS RELATING TO THE FOOTHILLS MALL URBAN RENEWAL ITEM NUMBER: 25 A-B
AGENDA ITEM SUMMARY DATE: May 15, 2007
FORT COLLINS CITY COUNCIL STAFF: Ken Waido
SUBJECT
Items Relating to the Foothills Mall Urban Renewal Plan.
RECOMMENDATION
Staff recommends adoption of the Resolutions. The Planning and Zoning Board finds,on a vote of
6-1, that the Foothills Mall Urban Renewal Plan is consistent with City Plan, the City's
Comprehensive Plan.
FINANCIAL IMPACT
The Foothills Mall Urban Renewal Plan would open the Mall area to the types of financial benefits
that have occurred in the downtown from the operation of the Downtown Development Authority,
that is, the use of tax increment financing (TIF) to help stimulate private investment to encourage
redevelopment activities. At this time, the best estimate of tax increment must be presented as a
range of potential increment that may be generated based upon the expected level of private
investment made by General Growth Partners (GGP), the owners of the Mall. The range of tax
increment to be generated is estimated to be$52492 million based upon an investment of$60-$100
million by GGP.
In addition to specific financial benefits of tax increment financing, there are generalized benefits
of an economically healthy Mall, characterized by overall higher property values, rents, and retail
sales in the area as a whole. The Mall has experienced declining sales and increasing vacancies in
recent years. If the growth rate of sales tax collected at the Mall had tracked with the sales tax
growth rate of the overall City since 2002, then the annual sales tax collected at the Mall in 2006
would have been approximately $4.5 million. However, actual collections in 2006 were
approximately$3.3 million. The loss of sales tax revenue means less funding to support ongoing
operations for core City services like Police,Fire,Transportation,and Parks and Recreation,as well
as a decline in funding to Open Space and the Building on Basics capital campaign. An increase
in retail activity at the Mall will help reverse the trend and help prevent further leakage of sales tax
dollars from the City of Fort Collins to other retail destinations in the region.
EXECUTIVE SUMMARY
A. Resolution 2007-052 Adopting the Foothills Mall Existing Conditions Survey 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.
May 15, 2007 -2- Item No. 25 A-B
B. Resolution 2007-053 Making Findings and Approving the Urban Renewal Plan for the
Foothills Mall.
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 2007-052 approves the Foothills
Mall Existing Conditions Survey (a.k.a."Blight Study") and declares the Mall area blighted
according to the criteria in State Law governing Urban Renewal Authorities. Adoption of
Resolution 2007-053 will approve the Foothills Mall Urban Renewal Plan which will assist in
elimination of the slum and blight conditions within the Mall area. The major purpose of
establishing the Urban Renewal Plan for the Mall area is to allow the use of property tax increment
financing(TIF)to fix infrastructure problems that hinder redevelopment. Tax increment financing
is typically a useful financial assistance tool to be used in areas where the private sector is not
capable of showing a return on investment due to excessive costs of correcting site issues,
infrastructure deficiencies, or other issues that hinder redevelopment.
BACKGROUND
Colorado Revised Statutes provide for the establishment of"urban renewal areas";primarily,for the
purpose of using property tax increment financing(TIF)to"fix"infrastructure problems that hinder
redevelopment. The Statutes describe the findings that Council must make to approve an urban
renewal plan;and,provides a technical definition of the conditions that the Council must find present
to declare an area an urban renewal area. There is also a process that must be followed in approving
an urban renewal plan.
The Foothills Mall originally opened in the fall of 1973. For the first couple of decades of operation,
the Mall was a major regional retail offering that attracted shoppers from northern Colorado,
southeastern Wyoming, and southwestern Nebraska. The Mall underwent expansions in 1980 and
again in 1989, but has experienced declining sales and increasing vacancies in recent years with
increasing competition from larger and newer retail ventures in northern Colorado. The recent loss
of two major anchor stores, Mervyn's and JC Penney, at the Mall has left larger areas of un- and
under-utilized retail space, parking areas, and other areas.
The 34-year old Mall has significant site and infrastructure problems; problems that present
significant barriers (and costs) to the economic health of the Mall as well as future redevelopment
including site layout, traffic circulation, obsolescent buildings and building systems, inadequate
public facilities and utilities, and vandalism; conditions that will only get worse over time if
significant steps are not taken; problems that will require a public/private partnership to resolve.
Tax increment financing by way of an urban renewal authority is a tool that is commonly used
throughout Colorado for a variety of economic development these purposes. Timnath, Loveland
(Centerra), Westminster/Thornton and many other front range communities use TIF as a principal
tool for funding public improvements related to redevelopment and non-redevelopment sites. TIF
has proven an effective tool by these communities to overcome significant public improvement costs
to facilitate development to assist in producing a healthy economy in a competitive regional market.
May 15, 2007 -3- Item No. 25 A-B
Given the lack of economic tools at the City's disposal and the effectiveness of TIF, staff believes
that utilizing TIF is the most effective tool to help keep the downtown,North College,Foothills Mall
and other targeted redevelopment areas competitive with these other communities. The obvious
advantage of using TIF is that public assistance toward the development is driven by enhancements
to the assessed valuation of the property and are funded through property tax revenues versus sales
tax revenues.
City staffhas been working with General Growth Partners(GGP)for the past several years regarding
redevelopment of the Mall. The overall redevelopment of the Mall has been a high priority for the
City and community. All indications are that GGP is now ready to move forward with their
redevelopment plans. However,the costs of redevelopment are significant. The use of the property
tax increment is key to GGP's redevelopment plans for the site and for making the Mall competitive
in the regional retail economy. The use of other public and private financing mechanisms is also
anticipated.
The Foothills Mall is specifically identified in many principles and policies of City Plan, the City's
comprehensive plan. A major goal of City Plan is to increase economic activity in the Mall area,
and where necessary,provide the stimulus to redevelop.The Mall is a"targeted redevelopment area"
(see attached map). As a targeted redevelopment area,the Mall is an area of the City where general
agreement exist that development and redevelopment is beneficial. Also,redevelopment of the Mall
conforms to principles and policies to remedy infrastructure deficiencies, provide for the strategic
use of public investment, and maintain and expand the City's revenue base.
In addition to the policies of City Plan,redevelopment of the Foothills Mall is identified in the City's
Economic Action Plan as the "single most important retail redevelopment initiative in the City."
This plan also identifies establishment of an urban renewal plan as the"most effective manner for
the City to assist in the redevelopment"of the Mall.
Foothills Mall Existing Conditions Survey
The purpose of the Foothills Mall Existing Conditions Survey is to evaluate and determine whether
the Mall area constitutes a"blighted area" as defined in the State's Urban Renewal Statutes. The
survey(copy attached as"Exhibit A"to Resolution 2007-052)was prepared by a private consultant,
Terry Ware Associates of Denver, and evaluated a wide range of conditions in the Mall area. 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 includes properties within
the general area bounded by:
East Swallow Road on the north, Stanford Road on the east, East Monroe Drive
(extended) on the south, and South College Avenue on the west.
The study area encompasses 72 total acres, consists of twelve real estate parcels. The area is
approximately 100% developed.
The evaluation of the area identified that conditions relevant to six (6) of the eleven(11) statutory
"blight factors"were readily apparent and evident within the area,based upon direct observation and
May 15, 2007 -4- Item No. 25 A-B
review of planning documents 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 because the presence of only four (4) factors is the threshold for a finding of"blight."
However,while evidence of"blight factors"were apparent in the study area,this does not mean that
every parcel and building 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 areas within the Mall area. But when the factors are considered cumulatively,
the entire study area is affected.
Foothills Mall Urban Renewal Plan
The Foothills Mall Urban Renewal Plan (copy attached as"Exhibit A"to Resolution 2007-053)is
an urban renewal plan prepared for the Fort Collins Urban Renewal Authority and the City of Fort
Collins and describes the framework for certain public undertakings constituting urban renewal
projects and other authorized activities under the Urban Renewal Law for the Mall area. The
boundary of the area to which the Plan applies includes those properties located within the same area
studied in the Foothills Mall Existing Conditions Survey.
Development and redevelopment in the Mall area is anticipated to occur incrementally over a
substantial period of time. The primary focus of the redevelopment efforts at the Mall will be to
replace the two vacant anchor tenants, update the common areas of the mall, and provide new
offerings that are more in line with the demands of today's consumers. The redevelopment efforts
can be broken into seven distinct areas that will be completed as obstacles to the program are
overcome and market forces dictate. The seven areas can be roughly described as follows:
1. replacement of Mervyn's with a future anchor tenant,
2. replacement of JC Penney with a future mini-anchor tenant,
3. an update of the interior common areas of the Mall,
4. addition of an exterior facing streetscape along Foothills Parkway,
5. redevelopment of the Shops at Foothills,
6. redevelopment of the former Perkins site, and
7. redevelopment of The Plaza at Foothills.
Referrals and Notification Requirements
Before the Council can officially approve the Foothills Mall Urban Renewal Plan, State law on
Urban Renewal Authorities requires the Council to formally submit the Plan to the Planning and
Zoning Board for its review and recommendation as to the 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 Plan to the Poudre School District Board
of Education, and the Larimer County Board of Commissioners for their review.
On April 17, 2007, the City Council adopted Resolution 2007-040 submitting the Foothills Mall
Urban Renewal Plan,and its related Existing Conditions Survey,to the Planning and Zoning Board,
the Poudre School District Board of Education and the Larimer County Board of Commissioners.
A separate notification was sent to the Larimer County Assessor's Office. Although there is no
provision in the statute requiring that the Board of Education and/or the Larimer County Board of
May 15, 2007 -5- Item No. 25 A-B
Commissioners to comment,in writing or otherwise,on the Plan,the school district and the county
were notified that their comments would certainly be welcome.
The City has received information from Frank Lancaster,County Manager,that the Larimer County
Board of Commissioners unanimously support the Foothills Mall Urban Renewal Plan. No response
has been received from the Poudre School District.
Prior to the 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 April 6, 2007. 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 April 4, 2007.
Planning and Zoning Board
At its regular monthly meeting on April 19, 2007, the Planning and Zoning Board adopted a
resolution(copy attached)on a vote of 6 to 1, stating that in the Board's opinion,the Foothills Mall
Urban Renewal Plan was in conformance with City Plan.
The Board also passed, on a vote of 4-3, a motion to ask the Council to review the Foothills Mall
Existing Conditions Survey in detail and to reassess which elements that constitute"blight"are truly
present at the Mall. As a result of the motion,staff worked with the consultant to revise the Existing
Conditions Survey to identify the six factors as discussed above. A draft copy of the Board's
minutes is attached.
STAFF RECOMMENDATION
Staff recommends adoption Resolution 2007-052 which will approve the Foothills Mall Existing
Conditions Survey and declare the Foothills Mall area"blighted" according to the criteria in State
Statutes governing Urban Renewal Authorities;and staff recommends adoption of Resolution 2007-
053 which will approve the Foothills Mall Urban Renewal Plan to assist in the elimination of the
slum and blight conditions within the Mall area.
ATTACHMENTS
1. Targeted Redevelopment Areas map
2. Planning and Zoning Board Resolution
3. Draft Minutes of the April 19, 2007, Planning and Zoning Board Meeting
ATTACHMENT 1
vime i
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Pmsoea p
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Harmony
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Targeted Redevelopment Areas ALMAreas ldenflfled by
-- Subarea Plans(Additional) Redevelopment
East Mullberry Corridor 5-Downtown Potential Intensification Areas
Aason Street Corridor 6-Foothills Mall per Zoning without a Subarea Plan and I n f i I I
;ampus West 7-CSU --!
4-North College 8-South College C..�U City Limits 0 Source: Fort Collins& EDAW
9-CSU Foothills Campus 0 0.5 1Miies Fi ure 15
Growth Management Area � 9
Principals and Policies Growth Management
March, 2007 147
ATTACHMENT 2
RESOLUTION PZ 07-
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 FOOTHILLS MALL URBAN RENEWAL PLAN
WHEREAS, by Resolution 2007-040 of the Council of the City of Fort Collins,
the Council has submitted to the Planning and Zoning Board the proposed Foothills Mall
Urban Renewal Plan; and
WHEREAS, the Planning and Zoning Board has, at its hearing on April 19, 2007,
considered and reviewed the proposed Foothills Mall Urban Renewal Plan 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 Foothills Mall Urban Renewal
Plan to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
BOARD OF THE CITY OF FORT COLLINS, as follows:
Section 1. That the proposed Foothills Mall Urban Renewal Plan has been
considered by the Planning and Zoning Board and has been determined to be in
conformity with the general plan for the development of the City, which is the City's
Comprehensive Plan, commonly knows as "City Plan", and in particular, that the
Foothills Mall Urban Renewal Plan advances policy ECON-1.5 of City Plan which has,
as its purpose, the maintenance and expansion of the City's revenue base, and further
advances policy GM-8.5 which suggests that the City consider opportunities for public
investment in order to encourage redevelopment in appropriate locations.
Section 2. That the Planning and Zoning Board recommends to the City
Council that the Foothills Mall Existing Conditions Survey (blight study) be carefully
examined to ensure that the elements of blight as contained therein are truly present in the
Foothills Mall area under present and existing conditions.
Passed and adopted at a regular meeting of the Planning and Zoning Board held
this 19th day of April, 207.
David Lingle, C i 'r
eron Gloss,
ATTACHMENT
Planning and Zoning Board
April 19, 2007
. 1
Council Liaison: open; not appointed Staff Liaison: Cameron Gloss
Chairperson: Dave Lingle Phone: (W)223-1820
Vice Chair: Brigitte Schmidt Phone: W 491-2579
;�At ,
Chairperson Lingle called the meeting to order at 6:05 p.m. ON.
GINFL
Roll Call: Campana, Lingle, Rollins, Schmidt, Smith, Stockover ate Wetzry;
Staff Present: Gloss, Eckman, Waido, Shepard, and Sanrz-Sprague
• Director of Current Planning, Cameron Gloss, ; Pwed thdivenda noting
Campana's conflict with Consent Agenda Items e, d Di „Sion Agenda Ite 3, Harmony
School 0 Filing Major Amendment &6'" Filing Repi���Cactiparia left the cha ers for the
�®
motion/vote on the consent agenda. vmi.
�s " a '�ryI&
Project: Foothills Mail Al WT! wal Plan j
w R,.
F'�Sin49t .,..
Project Description: Colorado Resedtatut 17t' requires the City Council to
formally submit theo Ells Ma m n Renewal Plan to the Planning
and' bning Board fo'N s review an' 'recommendation as to the Urban
Rerievi+al Plan s confo ity with City Plan, the City's Comprehensive
Plan Planning anifjZoning Board needs to submit a written
recommendation to the Council.
Staff Reco n: Approval.
NF
Hearii"stimoriv. Writtli'° ommentsiand Other Evidence:
City CouN' wa/
esolution (Resblution 07-2040)at their April 17, 2007 meeting referred the Foothills
Mall an Plan to th4h0lanning and Zoning Board for its review and recommendation as to
the Urbat Plan's conformity with City Plan as required by Colorado Revised Statutes 31-25-
107 (2)which sta
"Prior to dsrpval Gfn urban renewal plan, the governing body shall submit such plan to
the planning co ! ion of the municipality... for review and recommendations as to its
conformity with the general plan for development of the municipality as a whole. The planning
commission shall submit its written recommendations with respect to the proposed urban
renewal plan to the governing body within thirty days after receipt of the plan for review."
The Foothills Mall Urban Renewal Plan will derive its policy guidance from City Plan. The regulations
of the City's Land Use Code will be applied to development and redevelopment projects within the
Foothills Mall Urban Renewal Plan's boundaries.
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
Planning & Zoning Board
April 19, 2007
Page 2
factors" in the community. State Statutes give the URA broad powers to carry 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 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 2004, the City Council adopted an update to City Plan, the City's Comprgi ensive Plan. Principle
GM-8 of City Plan states the following:
The City will promote compatible infill and redevelopment in,, '%�yvithin the Growth
Management Area boundary. ' Is
And, Policy GM-8.1 of City Plan states the following: ;
iilelp
Targeted Redevelopmentlinftll. Redevelop and infiloevelopment enc uraged in
targeted areas. The purpose of these areas i§4 .,,annel g, wth where ?�i
l eficial
and can best improve access to jobs, housing an ice "' l ,fewer aho r auto trips.
The targeted areas are parts of the city where gene , menil exists that development or
redevelopment is beneficial. A major goal is to increa nomic activity in the area to
benefit existing residents and busiri sses and, where ne ry, provide the stimulus to
redevelop.
These areas should be defined from City Plad'hSgt) r a Plans ning and locational criteria ,
including areas where public investment iq warrafitett�afom,a,policy perspective. The Foothills
Mall (Area #6) is one of the Targeted Reduglopment An3as:
Other selected policies 4f City Plan include the folloting:
Policy GM-8.5 Public Invesjtitent. The City will consider'opportunities, and the costs and benefits for
targeted public investment in°otYlerto efiCttRtrage redevelopment and infill development in appropriate
locations
EEs6.
Policy RAN 1.5 Maintain etKl Expartd11,�C%ity Revenue Base. The City will ensure that commercial uses
that,gett ' a the sales and use tax revej'l0es which support the City's financial base are maintained
and expe The City will also explore other options to expand and diversify its revenue base,
including to annexations;tif existing commercial corridors, such as the Mulberry Corridor, as
well as revenu ring agreements with other communities. The City will seek to strengthen existing
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commercial distn ,.such as,the Downtown, North College, Campus West, and the Foothills Mall.
The City will seek f 4haintairr'`and enhance its attractiveness as a place to do business in order to
maintain its share of the legion's sales and use tax base.
In addition to the policies of City Plan, the Foothills Mall redevelopment is identified in the City's
Economic Action Plan as the "single most important retail redevelopment initiative in the City." This
plan also identified establishment of an urban renewal plan as the "most effective manner for the City
to assist in the redevelopment" of the mall.
The area in question is 72 acres and includes the commercial properties in an area bordered by
Swallow on the north, Stanford on the east, Monroe on the South and College on the west. The City
has been approached by General Growth Partners (GGP,) the owners of Foothills Mall, to recognize
Planning & Zoning Board
April 19, 2007
Page 3
the mall as an urban renewal project area and to create an urban renewal plan for it. Foothills Mall
Redevelopment objectives include:
• Replace Mervyns with future anchor tenant
• Replace JC Penney's with future mini-anchor tenant
• Update interior common area
• Addition of exterior facing streetscape along Foothills Parkway
• Redevelopment of Shops at Foothills
• Redevelopment of Perkins site
• Redevelopment of the Plaza at Foothills Mall 4k
Staff recommends the Planning and Zoning Board forward a recommrjatwn to the City Council that
the Foothills Mall Urban Renewal Plan is in conformance with it P6arl `,Trry Ware, of Terrance
Ware & Associates prepared the Foothills Mall Existing Conditioftrs Surve}r r
Mr. Ware as well as representatives of GGP were available;forgaestions }
Member Schmidt asked if funds generated from tax increment funding (TIF) could b for items
such as the Youth Activity Center. Waido responded t1*11pere is O,#rroad range of p le items
including utilities, public common areas, and facades. TIF'H ndituf4ere reviewed a"d approved by
the Urban Renewal Authority, which is this case will be CityUtloil. GGP will submit a proposal that
will be reviewed and components approved by the Authority.
ta:i
Member Stockover asked if there were any gv a arty owners wr#it;tke defined area. Waido
responded that the only other property ownereare end Sears. > tt other land is owned by
Y
65
Chair Lingle asked with reg , ;tg Foothills UrEte( 2enewal �ri s conformance to City Plan, some
of the blight conditions ril in fjt rvey report ut,ude loading dock and vehicular and pedestrian
circulation problems would the `6 conditions be1mitigated in a redevelopment proposal? Waido
remarked that staff has iiq' een an roposal that sp 'to mitigation of those problems.
fiRi ,ar
Member Schm' a samtt, asi<ed Ulty lot line problems could be mitigated. Ware
noted the p esult oN jgurations and site expansion constraints. The
answers, be foun evefii t proposal and how it deals with 'necessity and possibility'for
impro ' uilding config' 4 dip an tion patterns.
Chair Ling ad if the define of bight"found on page two of the survey, which states "...at least
four of the fo factors, suE7tantially impairs or arrests the sound growth of the municipality"
relates to the d nation ofjht as found on page 10 of that same report. Ware responded there
is a difference. H don pale 2, item I "if there is no objection by the property owner or owners"
only one factor nee itf,his instance (rather than the items listed from a to k on that page.)
Waido reported that no bon had been given to owners and tenants in the affected area and no
concerns have been fo 'coming. In fact, the tenants are resoundingly in support of the renewal
efforts.
Chair Lingle ask about maintenance related issues. Is State statute language silent on the issue of
whether self imposed delayed maintenance and rental vacancies create blight. Deputy City Attorney
Eckman said yes—the state statute is silent. It makes no mention of external or self- imposition and
there is no requirement to dig deeper for the reasons.
Planning &Zoning Board
April 19, 2007
Page 4
Member Schmidt asked why it was beneficial to list the seven factors in the summary of findings—it
results in the expectation that all might be addressed. Ware responded that it presents a thorough list
and there are no reasons not to mention them. Member Schmidt asked if this was a common
practice. Ware said yes—it has been his experience in other blight survey work he'd done in
Colorado, including mountain resort areas, Colorado Springs and Denver.
Member Smith asked what is the role of the other two property owners to comment or object? If the
URP is approved, what is their role in approving any future plans? Waido responded that if an urban
renewal authority is established, they could make their own application for redevelopment and be
eligible for tax increment funding.
Member Rollins asked when redevelopment plans are presented woutthey be reviewed by the
Board and would they be able to check whether factors related to:bight hadlbeen addressed?
Deputy City Attorney Eckman referred the Board to Section 6 of City Plan All ':.elopments would be
reviewed in accordance with the Land Use Code and other°applicable standardse a development
review procedures. Chair Lingle asked if staff would be i°eviewingahe redevelopm pppsal
addressing the items that would mitigate blight. DIredltdFfSiIoss responded that staff W.", conduct a
review as a matter of course using the breadth of Land Use'°code sttdards including; fchitectural
and site design. There is nothing specific in the Land Use Code o 'in the actions being taken tonight
that have reference to the site's blight conditions.
Member Schmidt said if was her impression{ a I#{.O@n Renewal Aut'drity would review any
redevelopment proposal and make any deter►r ins I'l-W�how TIF fun dsl siald be appropriated.
x ,
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Campana asked for clarification--had the area ajdeadc �thted area designation? Waido
responded no. The first ste t u:, process took on April 007 when by resolution City
Council referred the Footh.0 an Renewaf Ian to the Punning and Zoning Board for its
review and recommend on as to Conformity wift. ity Plan. On May 15, the issue will come back
before City Council. Oetermii area is bli9ed.they will set the boundary and establish the
urban renewal authority.
Al
,o
Public mp. t
None.
Member S " asked for clariGation of number 9 of the Foothills Urban Renewal Plan—Reasonable
Variations. j" he URA vet development standards or design guidelines? Waido said no. The
section refers dification of the Urban Renewal Plan and not City Plan policies or regulations.
ri;,:,.
Member Schmidt saidas ce this is a recommendation, would the Board be allowed to make additional
comments in that recohlm6hdation. Eckman suggested that he takes the motion and create a
resolution. Anything tWBoard would like to say over and above their determination of conformance
with City Plan could be included in that resolution.
Smith made a motion to notify City Council the Foothills Urban Renewal Plan is in
conformance with City Plan for the following reasons: City Plan's GM 8.5 Public Investment
Policy and ECON 1.5 Maintain and Expand City Revenue Base with the Foothills Mall
specifically noted in that policy. Schmidt seconded the motion.
Planning & Zoning Board
April 19, 2007
Page 5
Member Rollins wondered how beyond the motion/resolution, the Board would have the opportunity to
present additional comments to the URA related to items in the existing conditions survey at the time
a redevelopment proposal is referred to the Board. Eckman asked if the Board wanted to
communicate anything additional to Council and it would take an amendment to the motion.
Member Campana, who sat on the City Plan Update Committee for 18 months, thinks this project is
right on target with City Plan. Where he thinks there are reservations is the language seems too
open-ended—how will the funds be spent.
Member Schmidt asked if any of the tenants had been surveyed. Waid ,A d he sent a letter
notifying affected parties of their opportunities to provide feedback. T etter spoke of the open
house, the P&Z meeting, and the May 15'h City Council meeting. If., uld not attend any of the
events, they had the option of sending feedback or posing questi, nod not received any
communication. Nt ri;ll
Member Schmidt's intent in putting forward a second motion its to Indicate to Ci ncil that the
Board may not be in total support of the blight study as; hesented She'd like to s t that Council
modify the report to more truly represent the conditipr4isigt existsecifically item Ion page
2 of the report. k ,. AM _
6B
Member Stockover suggested the Board was over analyzing.`H ,recommendation to City Council is
the Foothills Urban Renewal Plan is in conformance with City PI & He believes City Plan will handle
all the issues at the time the redevelopment pfoppsal is reviewed I MIRK,
i��A"
Member Campana said that while the Board n% agree the;plan confo€ s to City Plan, are they
implicitly agreeing with the appendix(the Existing Condifi6Q.Sbrvey�,)-He'd also like to let Council
know the Board is not affirming,khe blight study as presented.
Chair Lingle said that Wb le he agrees°that redevelopment is desirable, the URA is only one tool in the
toolbox and not the rig)it{ttsOl in this case. He believes the:whole plan is under-girded with the existing
conditions survey. Fort 686111hs.would be no different fi'grri other communities where issues were
taken on how urban renewal p12ns were used- the.ends justifying the means. In good conscience, he
cannot sup F
a ;,
Membena Ietzler stated i e dpas suppott,,the motion. He's seen some deterioration at the Mall and
along MO, a Street in which major redevelopment and renovation are in order. At the very minimum
the archit r. is dated and unattractive. He thinks for the reason that it would spur economic vitality
in that area, 'P'WRA should miz�te forward.
Member Schmidt'140 that her worst fear is that anything 20 years or older in need of renovation
would be considered Itghted and we'd be setting precedence. North College is a different problem—
it had no infrastructure egin with.
The motion passed with a vote of 6:1.
Member Schmidt made a motion to ask City Council to review the Foothills Mall Existing
Conditions Survey in detail and to reassess which elements (which constitute blight) are truly
present at the mall.Wetzler seconded the motion.
Member Stockover believes the motion/action would be overdoing it. The Board's role is making the
recommendation relative to conformance with City Plan. It would then be City Council hands. Is the
Planning &Zoning Board
April 19, 2007
Page 6
Board throwing up road blocks resulting in the loss of time, effort and money? There are poor
conditions--there is no need to restudy it. When Council adopts the URA, they can decide what to do
relative to which definitions of blight apply to the Foothills Mall.
Member Campana does not want to create road blocks. He appreciates all that General Growth
Properties has invested in the community and will continue to do. He does, however, think TIF funds
should be used for redevelopment of the exterior and not on items such as HVAC and interior design.
Member Smith read through the summary of existing condition survey findings and agrees with them.
He believes the community should take the expert at their word—looking, specifc examples such as
the loadingdocks and vehicular and pedestrian circulation for improve "eht. He
P P
em finds no fault with
report and will not support the motion.
Chair Lingle believes it's kind of the reverse. The more specific tfte items :elude, the more you
set the bar on what should be mitigated in a redevelopment,.'17ye ta:the site s- traints—
configuration of the site and the buildings, lowering the b2f=(being more focused �ecific
improvements) you'd be more likely to meet your objectives.
Wetzler noted there are a lot of things at the mall that do hot work.-:;.Until presented wit't 'riew ideas,
he's confident in City Council's ability to evaluate and to deterrajndwhich action to take. He's more
inclined to err on the side of accepting, approving and moving-ttforward.
The motion passed 4:3.
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RESOLUTION 2007-052
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE FOOTHILLS MALL EXISTING CONDITIONS SURVEY
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
Foothills Mall Area; and
WHEREAS, the results of said survey have been prepared and entitled the "Foothills Mall
Existing Conditions Survey"dated May 15,2007,(the"Conditions Survey"),which includes maps,
a description of existing conditions and numerous photographs; and
WHEREAS,the Conditions Surveyhas been presented to the City Council for its review and
consideration,which Conditions Survey shows that the area described in Section 3 of this Resolution
qualifies as a blighted area as defined in the Law; and
WHEREAS, on May 15, 2007, the City Council conducted a public hearing and reviewed
said Conditions Survey pursuant to the procedural and notice requirements of the Law; and
WHEREAS, notice of the public hearing on the Conditions Survey 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 of this
Resolution 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 Survey and staff recommendations and has also considered the
legislative record and given appropriate weight to the evidence and has determined to adopt the
Conditions Survey 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 Survey 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 below:
• Slum, deteriorated, or deteriorating structures;
• Unsanitary or unsafe conditions;
• Deterioration of site or other improvements;
• Unusual topography or inadequate public improvements or utilities;
• Buildings that are unsafe or unhealthy for persons to live or work in because
of buildingcode violations dilapidation, deterioration defective r c e design,
physical construction, or faulty or inadequate facilities;
• The existence of health, safety, or welfare factors requiring high levels of
municipal services or substantial physical underutilization or vacancyof 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 Survey and
other evidence presented to City Council. The blighted area is described as follows:
The Foothills Mall Urban Renewal Area is located in Section 25 of Township 7
North Range 69 West of the Sixth Principal Meridian,City of Fort Collins, Larimer
County, Colorado, being more particularly described as follows;
Commencing at the northwest corner of Lot 1 of the Plat of A Replat Of Tracts F,G,
And J, And Vacated Service Road Southmoor Village, Fifth Filing, the said
northwest corner being the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE easterly,along the northerly line of the said Lot 1 and its easterly extension
to the easterly Right of Way of Mathews Street;
THENCE southerly along the said easterly Right of Way to the northerly line of Tract
Seven of the Plat The Foothills Fashion Mall Expansion;
Thence easterly along the said northerly line to the westerly line of Tract B of the Plat
of The Foothills Fashion Mall Foley's Expansion;
THENCE northerly along the said westerly line to the northerly line of the said Tract
B;
Thence easterly along the said northerly line and along the northerly line of Tract A
of the said Plat of The Foothills Fashion Mall Foley's Expansion to the westerly
Right of Way of Stanford Road;
THENCE southerly along the said Right of Way to the northerly line of Tract Nine
of the said Plat of The Foothills Fashion Mall Expansion;
THENCE westerly along the said northerly line to the easterly Right of Way of
Monroe Drive;
-2-
THENCE northerly along the said easterly Right of Way to the northerly Right of
Way of the said Monroe Drive;
THENCE westerly along the said northerly right of Way to the easterly Right of Way
of South College Avenue;
THENCE northerly along the said easterly Right of Way to the westerly extension
of the southerly line of Tract D of the Plat of Southmoor Village 5' ;
THENCE easterly along the said extended line and along the southerly line to the
easterly line of the said Tract D;
THENCE northerly along the said easterly line to the northerly line of the said Tract
D;
THENCE westerly along the said northerly line and its westerly extension to the said
easterly Right of Way of South College Avenue;
THENCE northerly along the said easterly Right of Way to the Point of Beginning;
The Foothill Mall Urban Renewal Area is comprised of twelve(12)separate parcels.
The legal descriptions for the twelve separate parcels were derived from the Larimer
County Assessor's Office and are presented below:
LOT 1, REPLAT TR 'F', 'G' & 7', AND VACATED SERVICE ROAD,
SOUTHMOOR VILLAGE STH,FTC;LESS ROW PER 2001090658&2001090659
TR 1, THE FOOTHILLS FASHION MALL EXPANSION, FTC
TR 2, THE FOOTHILLS FASHION MALL EXPANSION, FTC
TR 3, THE FOOTHILLS FASHION MALL EXPANSION, FTC
TR 7, THE FOOTHILLS FASHION MALL EXPANSION, FTC
TR 8, THE FOOTHILLS FASHION MALL EXPANSION, FTC
TR 10, THE FOOTHILLS FASHION MALL EXPANSION, FTC
TR A, FOOTHILLS FASHION MALL FOLEY'S EXPANSION, FTC
TR B, FOOTHILLS FASHION MALL FOLEY'S EXPANSION, FTC
TR'E',ALSO POR VAC ST PER 1580-897, SOUTHMOOR VILLAGE STH,FTC
Part of Tract T and Tract U and Part of the vacated road adjacent to said Tract U,
Southmoor Village 5'Fort Collins,Described: Beginning at a point on the west line
of the said Tract T, which bears South 01 degree 57 minutes 00 seconds East 7.19
feet, and again South 12 degrees 17 minutes 30 seconds West 180.10 feet from the
Northwest corner of Tract T; Thence North 89 degrees 45 minutes 30 seconds East
243.55 feet to a point on the northerly line of East Monroe Drive; Thence South 51
-3-
degrees 45 minutes 00 seconds West 231.73 feet; Thence along the arc of a 193.41
feet radius curve to the right, 127.73 feet,the long chord bears South 70 degrees 40
minutes 07 seconds West 125.42 feet; Thence South 89 degrees 35 minutes 15
seconds West 137.00 feet; Thence along the arc of a 15.00 feet radius curve to the
right 23.56 feet the long chord bears North 45 degrees 24 minutes 45 seconds West
21.21 feet; Thence North 00 degrees 24 minutes 45 seconds West 169.17 feet;
Thence North 89 degrees 45 minutes 30 seconds East 210.10 feet to the point of
beginning.
Part of Tract T, Southmoor Village 5' Fort Collins, Beginning at the Northwest
corner of Tract T;Thence North 89 degrees 45 minutes 30 seconds East 227.00 feet;
Thence South 74 degrees 54 minutes 00seconds East 170.06 feet; Thence South 00
degrees 14 minutes 30 seconds East 24.45 feet to a point on the north line of Monroe
Drive; Thence along the said north line along the arc of a 301.32 feet radius curve
to the left 124.25 feet, the long chord bears South 63 degrees 33 minutes 47
seconds West 123.37 feet; Thence South 51 degrees 45 minutes 00 seconds West
95.97 feet; Thence South 89 degrees 45 minutes 30 seconds West 243.55 feet;
Thence North 12 degrees 17 minutes 30 seconds East 180.10 feet; Thence North 01
degrees 57 minutes 00 seconds West 7.19 feet to the point of beginning; Also a part
of Tract U and a part of the vacated Frontage Road adjacent to Tract U whence
beginning at the Northeast corner of Tract U; Thence South 01 degrees 57 minutes
00 seconds East 7.19 feet; Thence South 12 degrees 17 minutes 30 seconds West
180.10 feet; South 89 degrees 45 minutes 30 seconds West 210.10 feet to a point on
the East right of way of South College Avenue;Thence North 00 degrees 24 minutes
45 seconds West 183.00 feet; Thence North 89 degrees 45 minutes 30 seconds East
249.52 feet to the Point of Beginning, Southmoor Village 5t°; Less the Foothills
Fashion Mall Expansion, Fort Collins.
Passed and adopted at a regular meeting of the City Council held this 15th day of May,
A.D. 2007.
Mayor
ATTEST:
City Clerk
-4-
FOOTHILLS MALL
EXISTING CONDITIONS SURVEY
City of Fort Collins
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May 15 , 2007
Preparcd by:
Terrance Ware + Associates
Table of Contents
1 . 0 Blight Survey Definition and Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2 . 0 Survey Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 . 0 Foothills Mall Existing Conditions Survey Area Description . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3 . 1 Survey Area Location and Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3 .2 Existing Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3 . 3 Existing Planning and Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 . 0 Determination of Blight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4 . 1 Slum, Deteriorated, or Deteriorating Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 . 2 Unsanitary or Unsafe Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 . 3 Deterioration of Site or Other Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 . 4 Unusual Topography or Inadequate Public Improvements
orUtilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 . 5 Buildings that are Unsafe or Unhealthy for Persons to Live
orWork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 . 6 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 . 0 Summary of Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4
6 .0 Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7
Figures
Figure 1 : Location Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Figure2 : Base Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Figure 3 : Zoning Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Figure 4 : Survey Area Findings Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Appendices
Appendix I: Photo Inventory Sheets
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 1 -
1 . 0 Blight Survey Definition and Scope
The determination that an area constitutes a "blighted area" is a cumulative conclusion,
attributable to the presence of several physical, environmental, social, and economic
factors. Blight is attributable to a multiplicity of conditions which, in combination, tend
to accelerate the deterioration of an area. For the purposes of this survey, the pertinent
portion of the definition of a blighted area is articulated in the Colorado Urban Renewal
Law (the "Act"), Colorado Revised Statute 31 -25 - 103 (2), as follows :
A "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 non-marketable;
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;
j. Environmental contamination of buildings or property;
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; or
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 any
urban renewal area, "blighted 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.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 2 -
Several legal principles have been developed by Colorado courts to guide the
determination of whether an area constitutes a blighted area under the Colorado Urban
Renewal Law. The absence of widespread violation of building and health codes does
not, by itself, preclude a finding of blight. The presence of one well maintained building
does not defeat a determination that an area constitutes a blighted area. An authority' s
determination as to whether an area is blighted . . . . is a legislative question and the scope
of review by the judiciary is restricted. The principle purpose of determining blight and
the related urban renewal plan and programs and/or projects of redevelopment is to
eliminate blight or to prevent the spread of blight and/or the further deterioration of
blighted areas (Sec . 31 -25 - 107(4 . 5) CRS) .
Thus, the determination of blight (and the application of blight factors) is for an area;
blight need not be present (in fact it would be atypical to find blight) on every property,
building, street, public improvement, or utility. For an area to be termed "blighted" the
law does not specify the degree of deterioration or precise percentage of obsolescence of
blight factors since the combination and effects of such things are highly variable from
one urban renewal plan area to the next. The purpose of this Existing Conditions Survey
is to assist the Fort Collins City Council in deciding whether the study area constitutes a
"blighted area" as defined in the CRS 31 -25 - 103 (2) .
Terrance Ware Associates were retained by the City of Fort Collins to conduct an
independent survey of the Foothills Mall area and to determine if it constitutes a blighted
area as defined above . Based upon the conditions existing in the survey area, this
document will make a recommendation as to whether the survey area contains the
characteristics of a blighted area. The actual determination itself remains the
responsibility of the Fort Collins City Council .
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 3 -
2 . 0 Survey Methodology
An important objective of this survey is to obtain and evaluate data, where possible, on a
wide range of physical and non-physical conditions present in the survey area. Data was
collected from various public agencies and field research was conducted on these various
topics : parcel and ownership patterns and history; traffic, circulation and parking;
utilities ; street, building, and site conditions ; land use ; environmental conditions ; and
compliance with the City of Fort Collins ' s City Plan and City ordinances.
Supplemental information was sought from various professionals and public agencies
concerning the conditions of public facilities, services, and issues in the survey area.
Several variables have been considered, as required by the state statutes .
The Existing Conditions Survey is divided into several tasks as follows :
Task 1 : Collect base data associated with the project and research, as well as
prepare base maps of, existing conditions for the Foothills Mall Existing
Conditions Survey area.
Task 2 : Conduct interviews with individuals from various departments within the
City of Fort Collins and Larimer County.
Task 3 : Conduct field surveys to determine if conditions of blight, as defined in
the Act, exist in the survey area.
Task 4 : Document survey findings in graphic and report forms, and present the
findings as required by the signed contract.
Information for this survey has been gathered from four principal sources :
■ Examination of existing reports and records of the City of Fort Collins and other
public and quasi-public agencies;
■ Interviews with existing staff of General Growth Properties, owners and operators of
the Foothills Mall;
■ Interviews with existing and former staff in various operating departments of the City
of Fort Collins and Larimer County; and
■ A comprehensive field investigation of conditions in the survey area .
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 4 -
3 .0 Foothills Mall Existing Conditions Survey Area Description
3. 1 Survey Area Location and Boundaries
The survey area is located within the City of Fort Collins which is part of Larimer
County, Colorado . Fort Collins is located approximately 60 miles north of Denver and
adjacent to the communities of Tin-math, Windsor, and Loveland.
The Foothills Mall Existing Conditions Survey area is a rectangular shaped area of
approximately 72-acres, bounded by East Swallow Road on the north, Stanford Road on
the east, South College Avenue on the west and the extension of Monroe Drive on the
south (see Figure 1 ) .
The topography of the area gently slopes to the east. No major landforms or grades are
present within the area.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 5 -
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Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 6 -
3 .2 Existing Land Use
The Foothills Mall Existing Conditions Survey area is composed primarily of
commercial, retail, and office uses. Single-family, duplexes, and multi-family residential
structures front on Swallow Road, but are not included in the study area boundaries .
The Foothills Mall is the predominate structure in the study area - surrounded by several
pad buildings containing one or more retail, restaurant, and/or office users . The Mall
opened in the fall of 1973 and has been expanded twice — in 1980 and again in 1989 .
Currently, the land area is approximately 100% developed (see Figure 2) .
393 Existing Planning and Zoning
3 . 3 . 1 Existing Planning
The 2004 Fort Collins City Plan - Comprehensive Plan (the Plan) is the applicable
land use policy for the area. The Foothills Mall lies within an area identified on
the Structure Plan map as a Community Commercial District (CCD) which the
Plan describes as : a " . . . hub of high frequency transit system offering retail,
offices, services, small civic uses, and higher density housing. The physical
environment will promote walking, bicycling, transit use, and ridesharing, as well
as provide a high quality urban life for residents . Vertical mixed-use (multi-story
buildings) will be encouraged with housing and/or offices located above ground-
floor retail and services .
The Foothills Mall is also identified in City Plan as a "Targeted Redevelopment
Area. " A targeted redevelopment area is a part of the city where general
agreement exists that redevelopment is beneficial. A major goal of City Plan is to
increase the economic activity in a targeted redevelopment area and, where
necessary, provide a stimulus to redevelop.
The City of Fort Collins Land Use Code (the Code) is the applicable regulation
for the study area, including the Zoning Ordinance and the Site Development
Standards . Some of the Code ' s standards pertaining to the study area include :
screening trash and mechanical equipment, placement of street lighting,
placement of electric and communication utilities, compliance with ADA
Standards, and the use of conforming signage in the area.
3 . 3 .2 Existing Zoning
The zoning map provided shows zoning in the Foothills Mall Existing Conditions
Survey area (see Figure 3 ) . Currently, the study area is zoned in the Commercial
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 7 -
FORT COLLINS
Foothills Mall
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Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance mare Associates - 8 -
FORT COLLINS
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Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 9 -
District (C) . The Commercial District is intended to be a setting for development,
redevelopment, and infill of a wide range of community and regional retail uses, offices,
and personal and business services . Secondarily, it can accommodate a wide range of
other uses including creative forms of housing.
While some Commercial District areas may continue to meet the need for auto-related
and other auto-oriented uses, it is the City ' s intent that the Commercial District for the
Mall area emphasize safe and convenient personal mobility in many forms, with planning
and design that accommodates pedestrians .
The zoning permits a wide variety of uses including : civic, public, institutional,
residential, office, and retail uses .
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 10 -
4 . 0 Determination of Blight
The significant findings of the Foothills Mall Existing Conditions Survey area are
presented in this section. This evaluation is based on an analysis of documents and
reports, interviews, and several field surveys conducted in July and August 2006 and,
January 2007 . Each parcel and building along with all public improvements within the
survey area were evaluated and deficiencies noted. The purpose of this Existing
Conditions Survey is to determine whether conditions of blight as defined by the Act,
exist in the survey area.
The following standards were applied to aid the consideration of structures and
improvements :
Standard, Sound
These buildings or sites contain no or relatively minor defects, are adequately
maintained and require no treatment outside of normal ongoing maintenance .
Substandard, Minor Deficiencies
These buildings or sites contain deficiencies which require minor/major repairs to
secondary structural elements, such as fascia/soffits, gutter/downspouts, exterior
finishes, windows, doors, stairwells and fire escapes . Sites with surface pavement
deterioration of 25 -75 % of the survey area are considered minor deficiencies . These
types of deficiencies might possibly be corrected through normal maintenance,
however, replacement or rebuilding of components by people skilled in the building
trades is recommended.
Substandard, Major Deficiencies
These buildings or sites contain major defects over a widespread area and would be
difficult to correct through normal maintenance. Buildings in the major deficiency
category would require replacement or rebuilding of components by people skilled in
the building trades . Sites with surface pavement deterioration of 75 % or more of the
survey area are considered major deficiencies .
The following conditions were observed in the survey area, and the factors that contribute
to the blight conditions are described below. They are not listed in order of importance .
Representative photos showing blight conditions in the Foothills Mall Existing
Conditions Survey area are provided in Appendix I.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance bare Associates
4. 1 Slum, Deteriorated, or Deteriorating Structures
Within the Foothills Mall Existing Conditions Survey area, all of the structures show
evidence of minor deterioration. Most of the structures have deteriorating exterior
finishes, caused by weathering and a lack of maintenance . Exterior walls, facades, and
fencing require painting, trim repair, and/or tile replacement.
The Mall building(s) itself and the majority of the pad buildings have signs of major
building deficiencies, both exterior and interior. This includes primarily major building
infrastructure components such as HVAC, lighting, gas, electrical, sanitary sewer,
drainage, fire protection and telecommunication facilities . These issues are shared by
many of the pad buildings surrounding the Mall as well. The costs of repairing or
replacing the building systems are greater than the value of the buildings resulting in
economic obsolescence and general deterioration of the site and area.
4.2 Unsanitary or Unsafe Conditions
There were many examples of this factor. Several of the properties lack sufficient lighting
around the building and surrounding parking and access areas . Weeds, trash, and other
debris were present in the survey area.
Drainage facilities lack adequate capacity. This includes curb and gutters, culverts, and
drainage channels which are needed to convey stormwater away from the existing
facilities . These factors have resulted in the deterioration of the paved areas as well as
created hazards for pedestrian movement throughout the study area. During winter
months, these areas freeze creating hazardous situations for vehicular travel.
Sidewalks are missing along College Avenue and other sidewalk segments are inadequate
in size and condition, failing to meet ADA standards. Pedestrian facilities connecting the
outparcels and the Mall are non-existent leaving pedestrians to navigate the haphazard
parking lot and drives between these uses . Loading areas extend into drive aisles and onto
sidewalks . This creates on-going hazardous situations for pedestrian circulation.
Elevation changes in the Mall's interior create potential hazardous slip and fall situations,
and are difficult for the elderly and disabled to navigate due to the unusual angles and
slopes on stairs and ramps .
Vandalism, crimes against property, auto theft, and graffiti have increased dramatically
over the previous two years . This may be attributable to inadequate lighting and
distribution of parking facilities in isolated locations, and a loss of tenants and activity
on-site due to the increase vacancies .
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 12 -
4.3 Deterioration of Site or Other Improvements
Deferred maintenance is the most common cause of site deterioration within the study
area. This includes neglect of landscaping, and vacant areas, exterior finishes of existing
structures, parking lot surfacing, and business signage. Several buildings within the
study area have graffiti on at least one exterior surface.
Several of the buildings within the study area have unscreened trash disposals and service
areas .
Drainage on the 72-acre parcel is highly inadequate . There are only six drains to
facilitate drainage for the entire property . This causes significant back ups often resulting
in flooding during heavy rainstorms . On the south side of the Mall from the Wells
Fargo/Mall intersection to the JC Penney building a small river forms creating vehicle
and individual safety concerns . Water routinely expands eight feet across the walkway
six to eight inches in depth.
4A Unusual Topography or Inadequate Public Improvements or Utilities
There is lack of sufficient lighting, adequate sidewalks, and drainage facilities . In
addition, most of the site infrastructure including drainage, irrigation, water, sanitary and
storm systems are nearing the end of their life cycle and are in need of replacement.
4.5 Buildings that are Unsafe or Unhealthy for Persons to Live or Work
A number of instances of poor or unsafe ingress/egress were noted, where building exits
place occupants directly into the vehicular path in alleys . Also, several buildings fail to
meet the Americans with Disabilities Act (ADA) for ingress and egress .
The building systems are nearing the end of their life cycle and are in need of
replacement as many of the systems are obsolete and unable to be repaired because parts
are no longer available. This includes all basic HVAC, plumbing, and electrical
components .
4.6 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.
Several interior tenant spaces are vacant or underutilized, as are several pad sites around
the Mall. This is due to the growing physical obsolescence of the Mall building and
physical constraints to redevelopment of the site . The underutilization of these properties
leads to reduced revenues and subsequent reduced investment. Over time this will cause
deterioration of the site and buildings as the costs exceed revenue. Increased vandalism
and crime result in greater police services .
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 13 -
Summary of Findings
It is the conclusion and recommendation of this survey that the Foothills Mall Existing
Conditions Survey area, in its present condition and use, is a blighted area as defined in
Colorado Revised Statute / 31 -25 - 103 (2) . By reason of the presence of numerous factors
identified in Section 103 (2) of the Urban Renewal Law and discussed above in Chapter 4,
the survey area substantially impairs or arrests the sound growth of the City of Fort
Collins, retards the provision of housing accommodations, constitutes an economic or
social liability, and is a menace to the public health, safety, morals, and welfare.
While some properties in the survey area are in standard or sound condition, deteriorated
and substandard conditions are prevalent throughout the area. It should be noted that this
conclusion is for the survey area as a whole and is not based on separate individual
properties.
As described in this survey, conditions existing in the survey area constitute at least four
of the factors or incidents indicative of a blighted area. The conclusion of this survey is
based on the following summaries of the six blighted conditions found in the survey area
and described previously in this report:
1 . Slum, Deteriorated, or Deteriorating Structures . Deterioration of structures,
deterioration of exterior finishes, and major exterior and interior building
deficiencies within the survey area.
2 . Unsanitary or Unsafe Conditions. Pavement deterioration, accumulation of
weeds, trash, and debris, vacant structures and tenant spaces, poor site drainage,
elevation changes within the structure, and poor site lighting.
3 . Deterioration of Site or Other Improvements . Obsolesce of site infrastructure and
building systems (electrical, water, telecommunications, drainage, etc . ) contribute
to the overall deterioration of the site.
4. Unusual Topo�_ raphy or Inadequate Public Improvements or Utilities . Inadequate
sidewalks, parking, roadways vehicular, drainage facilities, sanitary and storm
systems, and utilities .
5 . Buildings that are Unsafe or Unhealthy. Poor and unsafe ingress and egress at
several buildings within the survey area is present. Major building systems in
need of repair or replacement due to deterioration or capacity. Vandalism and
property crimes also occur within the survey area.
6 . 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 . Several interior tenant spaces are vacant or
underutilized, as are several pad sites around the mall . This is due to the growing
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 14 -
physical obsolescence of the mall building and physical constraints to
redevelopment of the site.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 15 -
FORT COLLINS
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Existing Conditions Survey
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Foothills Mall Existing Conditions Su1Vey — City of Fort Collins Terrance Dare Associates - 16 -
6.0 Sources
City of Fort Collins, 2003 City Plan,
City of Fort Collins, Municipal land Use Code,
City of Fort Collins, Website, http : //www.fcgov. com/
Kimberly Straw, AICP, City Planner, Urban Renewal Authority
Cynthia Eichler, General Manager, Foothills Mall, General Growth Properties, Inc.
Paul Brown, Operations Manager, Foothills Mall
Lori Frank, City of Fort Collins Police Department
Doug Martine, City of Fort Collins Electric Project Engineering Supervisor
Marsha Hines-Robinson, City of Fort Collins Floodplain Administrator
Jon Cowling, Assessors Office, Larimer County
Jeremy Reese, Sales Tax Manager
Terrance Ware Associates Field Surveys, July and August 2006 ; January 2007 .
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 17 -
Appendices
I . Photo Inventory Sheets
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance bare Associates
A1212endix I
Photo Inventory Sheets
4A Unsanitary or Unsafe Conditions
4.8 Inadequate Public Improvements or Utilities
Lack of pedestrian facilities along College Avenue.
4.4 Unsanitary or Unsafe Conditions
Lack of definition of vehicular routes or pedestrian facilities in parking areas .
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Vare Associates - 19 -
, r
ram ,
a _ `
Y -
r j
' v n
43FaultyLot Layout
Lot size and shape constrain development of the site. Parking facilities, vehicular and
pedestrian facilities are impacted by the lot size and configuration. The configuration of mall
on this sit, and the sites size create these conditions .
4.4 Unsanitary or Unsafe Conditions
The lack of adequate loading facilities impacts the safety of vehicles and pedestrians.
rt
NFF
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 21 -
4.4 Unsanitary or Unsafe Conditions
Drainage and access are poor throughout the study area.
43 Deterioration of Site or Other Improvements
Deferred maintenance is the most common cause of site deterioration within the Study Area.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 22 -
RESOLUTION 2007-053
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS AND APPROVING THE URBAN RENEWAL PLAN
FOR THE FOOTHILLS MALL
WHEREAS, by Resolution 2007-052, the City Council has found and declared the area
described in said Resolution (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 Foothills Mall 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 May 15, 2007, 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 Survey,the Planning and Zoning Board recommendation and
staffs 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 hereby 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 Survey 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,
and that 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
Authoritymust 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 ofblight without regard to the economic
performance of the property to be acquired.
-2-
(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,or business 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.
Section10. That Section 31-25-107(4)(d)of the Lawdoes not apply because no more than
120 days have passed since the commencement of the only public hearing on the Plan.
-3-
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 that the Council expressly adopts 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.
Passed and adopted at a regular meeting of the City Council held this 15th day of May,A.D.
2007.
Mayor
ATTEST:
City Clerk
-4-
FOOTHILLS MALL
Urban Renewal Plan
City of Fort Collins
Prepared for :
City of Fort Collins and
Fort Collins Urban Renewal Authority
May 15 , 2007
Foothills Mall Urban Renewal Plan 1
Table of Contents
1 . Preface and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2 . Finding of " Blight " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 . Plan Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Foothills Mall Redevelopment Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 05
4 . Renewal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 . Development Standards and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 . Conformance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
UrbanRenewal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
CityPlan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
IN
ve
7 . Project Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Property Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10
SalesTax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Tax Increment Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 . Modifications to the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 . Reasonable Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Appendix A - Legal Descriptions
Foothills Mall Urban Renewal Plan 2
1 . Preface and Intent
The Foothills Mall Urban 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 Foothills Mall area , located in the City of Fort Collins ,
Larimer County , Colorado .
The boundary of the area to which this Plan applies generally includes those
properties located within the area generally bounded by :
■ East Swallow Road residences ( rear property lines ) on the north ,
■ East Monroe Drive on the south ,
■ Stanford Road on the east , and
■ South College Avenue on the west .
The plan area is depicted on the Boundary Map located at the end of this
document . The legal descriptions of the perimeter boundary and the twelve parcels
within the Plan area are attached hereto as Appendix A .
This Plan was prepared for adoption by the City Council in recognition that this
Renewal Area requires a coordinated , cooperative strategy , with financing
possibilities , to eliminate blight and prevent the spread of blight , and accomplish
the City 's development objectives for improving the continued viability of the mall
and surrounding retail areas .
The Plan effort was originated in response to a request by the current owner of the
Foothills Mall , General Growth Properties . The mall originally opened in the fall of
1973 and has undergone expansions in 1980 and again in 1989 , but has
experienced declining sales and increasing vacancies in recent years with
increasing competition from larger and newer retail ventures in Northern Colorado .
The recent loss of two major anchor stores , Mervyn 's and JCPenney , at the mall
has left larger areas of un - and under- utilized retail space , parking areas , and
other areas that are contributing to the escalating blight on the mall properties .
Foothills Mall Urban Renewal Plan 3
The driving interest in the establishment of this Plan is to offer tax increment
financing as a tool to stimulate and leverage private sector development and
redevelopment , to help eliminate blight , and to prevent the spread of blight .
Development and redevelopment in the area is anticipated to occur in the near
future , with the potential for URA financing to provide the impetus and means to
undertake this redevelopment at a faster pace than might occur otherwise .
2 . Finding of " Blight "I
Based on the evidence presented at a public hearing , and in the Foothills Mall
Existing Conditions Survey , dated May 15 , 2007 , the City Council , by Resolution
2007 - , made a finding that the Renewal Area was " blighted " as defined by the
Urban Renewal Law , by the existence of the following six factors :
■ Slum , deteriorated , or deteriorating structures ;
■ unsanitary or unsafe conditions ;
■ deterioration of site or other improvements ;
■ unusual topography or inadequate public improvements or utilities
■ buildings that are unsafe or unhealthy ;
■ 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 .
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 :
■ City Plan (The City of Fort Collins Comprehensive Plan)
■ Fort Collins Infill Infrastructure Report
■ City of Fort Collins Master Transportation Plan
■ City of Fort Collins Economic Action Plan
To do this , this Plan is intended to stimulate private sector development in and
around the Renewal Area . A combination of private investment and Urban
Foothills Mall Urban Renewal Plan 4
Renewal Authority financing will assist progress toward the following additional
objectives :
■ 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 , vehicular, and transit - related circulation and
safety
■ To ultimately contribute to increased revenues for all taxing entities
■ To encourage the voluntary rehabilitation of buildings , improvements , and
conditions
■ 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 .
Foothills Mall Redevelopment Objectives
The primary focus of the redevelopment efforts at Foothills Mall will be to replace
the two vacant anchor tenants , update the common areas of the mall , and provide
new offerings that are more in line with the demands of today 's consumers . The
redevelopment efforts can be broken into seven distinct areas that will be
completed as obstacles to the program are overcome and market forces dictate .
The seven areas can be roughly described as follows :
1 , replacement of Mervyn 's with a future anchor tenant ,
2m replacement of JC Penney with a future mini - anchor tenant ,
I an update of the interior common area of the mall ,
4n addition of an exterior facing streetscape along Foothills Parkway ,
5 . redevelopment of the Shops at Foothills ,
6 . redevelopment of the former Perkins site , and
7 . redevelopment of The Plaza at Foothills .
The existing Mervyn 's building is contemplated to be replaced by a 2 - story
150 , 000 square foot Anchor tenant in roughly the same location as the former
Mervyn 's . This will allow Foothills Mall to attract a higher end anchor than the
current single - story 75 , 000 square foot building allows for . The Current JC Penney
location will be replaced with a single - story mini - anchor of approximately 50 , 000
square feet in a significantly different configuration than the current JC Penney
store . This will again allow Foothills Mall to attract the best possible tenant for this
Foothills Mall Urban Renewal Plan 5
location and also allow for improved parking and traffic circulation by eliminating a
pinch point between the corner of the existing JC Penney building and the ring
road .
The existing interior common areas of the mall will also be upgraded to reflect
current standards for a first class shopping center . The final piece of the mall
itself will be the addition of a two - story 40 , 000 square foot mini - anchor and
26 , 500 square feet of exterior facing restaurants and retail shops in a streetscape
facing Foothills Parkway . This will allow Foothills Mall to accommodate those
tenants who will only accept exterior locations with immediate access to parking .
The former Perkins building will be demolished and rebuilt in a configuration to
provide both better access and visibility for future tenants . This location will be
marketed to both single use and multi - tenant food offerings . Both the Shops at
Foothills to the north and the Plaza at Foothills to the south will be the subjects of
future redevelopment plans with a focus on providing the best possible retail
offerings and improving connectivity to the central core of Foothills Mall .
The overall vision for Foothill Mall , upon completion of all redevelopment activities ,
is to create a first class shopping and dining destination that will function as one
cohesive , pedestrian friendly site .
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 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
Foothills Mall Urban Renewal Plan 6
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 .
Foothills Mall Urban Renewal Plan 7
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 .
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 .
Briefly summarized , the land use pattern envisioned by these plans for the
Renewal Area is a retail and commercial hub , providing major shopping and
service opportunities to the residents and visitors of the City of Fort Collins . The
redevelopment envisioned includes a safe , efficient , and logical circulation pattern ,
including options for alternative modes of transportation as well are passenger
vehicles ; significant exterior upgrades .
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 .
■ Policy GW8 . 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
Foothills Mall Urban Renewal Plan 8
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
■ 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 infill 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 .
Foothills Mall Urban Renewal Plan 9
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 :
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 .
Foothills Mall Urban Renewal Plan 10
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
Larimer 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 .
Foothills Mall Urban Renewal Plan 11
TAX INCREMENT REIMBURSEMENT
Tax increment revenues may be used to reimburse the City and / or developer ( s )
for costs incurred for improvements related to a project to pay the debt incurred
by the Authority with such entities for urban renewal activities and purposes . Tax
increment revenues may also be used to pay bonded indebtedness , financial
obligations , and debts of the Authority related to urban renewal activities under
this Plan .
S . 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 .
9 . 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 .
Foothills Mall Urban Renewal Plan 12
Appendix A - Legal Description
LEGAL DESCRIPTION OF THE FOOTHILLS MALL URBAN RENEWAL AREA BOUNDARY
The perimeter boundary of the Foothill Mall Urban Renewal Area is depicted on the map
following page 14 , The legal description of the boundary is as follows :
The Foothills Mall Urban Renewal Area is located in Section 25 of Township 7 North Range
69 West of the Sixth Principal Meridian , City of Fort Collins , Larimer County , Colorado ,
being more particularly described as follows ;
Commencing at the northwest corner of Lot 1 of the Plat of A Replat Of Tracts F, G , And J ,
And Vacated Service Road Southmoor Village , Fifth Filing , the said northwest corner being
the TRUE POINT OF BEGINNING OF THIS DESCRIPTION ;
THENCE easterly , along the northerly line of the said Lot 1 and its easterly
extension to the easterly Right of Way of Mathews Street ;
THENCE southerly along the said easterly Right of Way to the northerly line of Tract
Seven of the Plat The Foothills Fashion Mall Expansion ;
Thence easterly along the said northerly line to the westerly line of Tract B of the
Plat of The Foothills Fashion Mall Foley 's Expansion ;
THENCE northerly along the said westerly line to the northerly line of the said Tract
B ;
Thence easterly along the said northerly line and along the northerly line of Tract A
of the said Plat of The Foothills Fashion Mall Foley 's Expansion to the westerly Right of
Way of Stanford Road ;
THENCE southerly along the said Right of Way to the northerly line of Tract Nine of
the said Plat of The Foothills Fashion Mall Expansion ;
THENCE westerly along the said northerly line to the easterly Right of Way of
Monroe Drive ;
THENCE northerly along the said easterly Right of Way to the northerly Right of
Way of the said Monroe Drive ;
THENCE westerly along the said northerly right of Way to the easterly Right of Way
of South College Avenue ;
THENCE northerly along the said easterly Right of Way to the westerly extension of
the southerly line of Tract D of the Plat of Southmoor Village 5tn ;
THENCE easterly along the said extended line and along the southerly line to the
easterly line of the said Tract D ;
THENCE northerly along the said easterly line to the northerly line of the said Tract
D ;
THENCE westerly along the said northerly line and its westerly extension to the said
easterly Right of Way of South College Avenue ;
THENCE northerly along the said easterly Right of Way to the Point of Beginning ;
Foothills Mall Urban Renewal Plan 13
The Foothill Mall Urban Renewal Area is comprised of twelve ( 12 ) separate parcels . The
legal descriptions for the twelve separate parcels were derived from the Larimer County
Assessor 's Office and are presented below :
LOT 1 , REPLAT TR ' F ' , ' G ' & ' J ' , AND VACATED SERVICE ROAD , SOUTHMOOR VILLAGE
5TH , FTC ; LESS ROW PER 2001090658 & 2001090659
TR 1 , THE FOOTHILLS FASHION MALL EXPANSION , FTC
TR 2 , THE FOOTHILLS FASHION MALL EXPANSION , FTC
TR 3 , THE FOOTHILLS FASHION MALL EXPANSION , FTC
TR 7 , THE FOOTHILLS FASHION MALL EXPANSION , FTC
TR 8 , THE FOOTHILLS FASHION MALL EXPANSION , FTC
TR 10 , THE FOOTHILLS FASHION MALL EXPANSION , FTC
TR A . FOOTHILLS FASHION MALL FOLEY' S EXPANSION , FTC
TR B . FOOTHILLS FASHION MALL FOLEY' S EXPANSION , FTC
TR ' E ' , ALSO POR VAC ST PER 1580 - 897 , SOUTHMOOR VILLAGE STH , FTC
Part of Tract T and Tract U and Part of the vacated road adjacent to said Tract U, Southmoor Village 5tn Fort
Collins, Described: Beginning at a point on the west line of the said Tract T, which bears South 01 degree 57
minutes 00 seconds East 7. 19 feet, and again South 12 degrees 17 minutes 30 seconds West 180. 10 feet from the
Northwest corner of Tract T; Thence North 89 degrees 45 minutes 30 seconds East 243 . 55 feet to a point on the
northerly line of East Monroe Drive; Thence South 51 degrees 45 minutes 00 seconds West 231 .73 feet; Thence
along the arc of a 193 .41 feet radius curve to the right, 127.73 feet, the long chord bears South 70 degrees 40
minutes 07 seconds West 125 .42 feet; Thence South 89 degrees 35 minutes 15 seconds West 137 .00 feet; Thence
along the arc of a 15 . 00 feet radius curve to the right 23 . 56 feet the long chord bears North 45 degrees 24 minutes
45 seconds West 21 .21 feet; Thence North 00 degrees 24 minutes 45 seconds West 169. 17 feet; Thence North 89
degrees 45 minutes 30 seconds East 2 10 . 10 feet to the point of beginning.
Part of Tract T, Southmoor Village 5tn Fort Collins, Beginning at the Northwest corner of Tract T; Thence North
89 degrees 45 minutes 30 seconds East 227 .00 feet; Thence South 74 degrees 54 minutes 00seconds East 170. 06
feet; Thence South 00 degrees 14 minutes 30 seconds East 24 .45 feet to a point on the north line of Monroe
Drive; Thence along the said north line along the arc of a 301 .32 feet radius curve to the left 124 .25 feet, the long
chord bears South 63 degrees 33 minutes 47 seconds West 123 . 37 feet; Thence South 51 degrees 45 minutes 00
seconds West 95 . 97 feet; Thence South 89 degrees 45 minutes 30 seconds West 243 . 55 feet; Thence North 12
degrees 17 minutes 30 seconds East 180. 10 feet; Thence North 01 degrees 57 minutes 00 seconds West 7 . 19 feet
to the point of beginning; Also a part of Tract U and a part of the vacated Frontage Road adjacent to Tract U
whence beginning at the Northeast corner of Tract U; Thence South 01 degrees 57 minutes 00 seconds East 7 . 19
feet; Thence South 12 degrees 17 minutes 30 seconds West 180. 10 feet; South 89 degrees 45 minutes 30 seconds
West 210. 10 feet to a point on the East right of way of South College Avenue; Thence North 00 degrees 24
minutes 45 seconds West 183 .00 feet; Thence North 89 degrees 45 minutes 30 seconds East 249 .52 feet to the
Point of Beginning, Southmoor Village 5t'; Less the Foothills Fashion Mall Expansion, Fort Collins.
Foothills Mall Urban Renewal Plan 14
Proposed Foothills Mall
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Foothills Mall Urban Renewal Plan 15