HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2007 - RESOLUTION 2007- 040 SUBMITTING THE EXISTING CONDI ITEM NUMBER: 20
AGENDA ITEM SUMMARY DATE: April 17, 2007
FORT COLLINS CITY COUNCIL STAFF: Ken Waldo
SUBJECT
Resolution 2007-040 Submitting the Existing Conditions Survey and Foothills Mall Urban Renewal
Plan to the Planning and Zoning Board and the Poudre School District Board of Education, and
Ratifying the Submittal of the Plan and Survey to the Larimer County Board of Commissioners.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
At the March 27, 2007 work session, the Council provided direction to staff to take the necessary
steps to bring forward an Urban Renewal Plan for the Foothills Mall area. One of the steps required
by Colorado's Urban Renewal Law is for the Council to formally submit the Foothills Mall Urban
Renewal Plan to the Planning and Zoning Board for its review and recommendation regarding the
Foothills Mall Urban Renewal Plan 's conformance with City Plan, which is the general plan for
development of the municipality as a whole. The Council must also allow the Poudre School
District and Latimer County to "participate in an advisory capacity." On April 11, 2007, the staff
submitted the proposed Plan and Existing Conditions Survey to the Board of the County
Commissioners as required pursuant to C.R.S. 31-25-107(3.5)(a).
The Planning and Zoning Board is scheduled to review the proposed Foothills Mall Urban Renewal
Plan and Existing Conditions Survey on April 19, 2007. The Council is scheduled to conduct a
public hearing and consider resolutions approving the Foothills Mall Existing Conditions Survey
(a.k.a`Blight Study") and the Foothills Mall Urban Renewal Plan on May 15, 2007. Adoption of
Resolution 2007-040, referring the Foothills Mall Urban Renewal Plan and Existing Conditions
Survey to the Planning and Zoning Board and to the other respective bodies, does not commit the
Council to approving the Existing Conditions Survey and Urban Renewal Plan for the Foothills Mall
area at the May 15th meeting.
BACKGROUND
In 1982, the Fort Collins City Council created an Urban Renewal Authority(URA) and designated
itself as the governing board (known as the "Authority"). The boundaries of the URA are the
municipal limits. The Fort Collins URA was created to prevent and eliminate conditions related to
certain"blight factors" in the community. State Statutes give the URA broad powers to carry out
its statutory mandate. Included are the powers to enter into contracts, borrow funds and acquire
April 17, 2007 -2- Item No. 20
property voluntarily or by eminent domain,among others. Urban renewal projects maybe 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 Comprehensive Plan. Principle
GM-8 of City Plan states the following:
The City will promote compatible infill and redevelopment in areas within the
Growth Management Area boundary.
And, Policy GM-8.1 of City Plan states the following:
Targeted Redevelopment/Infill. Redevelopment and infill development will be
encouraged in targeted areas. 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. The targeted areas are parts of the city where general
agreement exists that development or redevelopment is beneficial. A major goal is
to increase economic activity in the area to benefit existing residents and businesses
and, where necessary, provide the stimulus to redevelop.
These areas should be defined from City Plan, Subarea Plans,Zoning and locational
criteria such as:
a. Underutilized land
b. Areas already undergoing positive change, which is expected to continue
C. Areas where infrastructure capacity exists
d. Areas where public investment is warranted from a policy perspective
C. 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
City Plan also contains a map (copy attached) which depicts "Targeted Redevelopment Areas"in
the Growth Management Area boundary. The Foothills Mall (Area #6) is one of the Targeted
Redevelopment Areas.
Other selected policies of City Plan include the following:
• 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.
April 17, 2007 -3- Item No. 20
• 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 Citywill
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.
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.
In early 2005, the City was approached by the General Growth Properties, the owners of the
Foothills Mall,to recognize the mall as an urban renewal project area and to create an urban renewal
plan for it. Before an urban renewal plan for this area can be approved, the area must be found by
the City Council to be a"blighted area"as defined in State Statutes. The City obtained the services
of a private consultant, Terry Ware Associates of Denver, to develop the Foothills Mall Existing
Conditions Survey. Staff and General Growth Properties have developed the Foothills Mall Urban
Renewal Plan. Before the City Council can officially approve the Urban Renewal Plan, the State
law on Urban Renewal Authorities, specifically Colorado Revised Statutes 31-25-107(2),requires
the Council to formally submit the Urban Renewal Plan to the Planning and Zoning Board for its
review and recommendation as to the Urban Renewal Plan's conformity with City Plan, the City's
Comprehensive Plan, which is the general plan for development of the municipality as a whole.
By adopting Resolution 2007-040 the Council will formally submit the Foothills Mall Urban
Renewal Plan and Existing Conditions Survey to the Planning and Zoning Board and the Poudre
School District Board of Education, and will ratify the April 11, 2007, submission by the staff of
the proposed Plan and Existing Conditions Survey to the Board of County Commissioners of
Latimer County. These submittals request review by the County and the school district and with
respect to the Planning and Zoning Board, requests a written recommendation as to the Plan's
conformity with City Plan. Adoption of Resolution 2007-040 does not commit the Council to
approve the Foothills Mall Urban Renewal Plan at this time.
April 17, 2007 -4- Item No. 20
ATTACHMENTS
1. Redevelopment
Targeted
g de elopment Areas map from City Plan
ATTACHMENT 1
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Targeted Redevelopment Areas Areas Identified by
.. Subarea Plans(Additional) Redevelopment
1-East Muliberry Corridor 5-Downtown _ Potential Intensification Areas
2-Mason Street Corridor 6-Foothills Mall per Zoning without a Subarea Plan and I n f i I I
3-Campus West 7-CSU Gy! City Limits Source:Fort Collins&EDAW
• 4-North College 6-South College 0 0.5 1 Miles
9-CSU Foothills Campus Growth Management Area FIGURE GM-8
City Plan Principles and Policies Growth Management
May 4, 200 141
RESOLUTION 2007-040
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING THE EXISTING CONDITIONS SURVEY AND
URBAN RENEWAL PLAN FOR THE FOOTHILLS MALL
TO THE PLANNING AND ZONING BOARD AND THE POUDRE SCHOOL
DISTRICT BOARD OF EDUCATION AND RATIFYING THE SUBMITTAL
OF THE PLAN AND SURVEY TO THE LARIMER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, the Council of the City of Fort Collins has heretofore established an Urban
Renewal Authority and,on March 27,2007,authorized and directed City staff to prepare an Existing
Conditions Survey(a/k/a "Blight Study") and Urban Renewal Plan for the Foothills Mall; and
WHEREAS, in response to Council's direction, the staff has worked with Terry Ware
Associates to develop the Existing Conditions Survey and Urban Renewal Plan for the Foothills
Mall,which Existing Conditions Survey and Urban Renewal Plan are required,pursuant to Colorado
Revised Statute 31-25-107, to be submitted to the City's Planning and Zoning Board, the Poudre
d the Larimer County Board of Commissioners; and
School District Board of Education, an ty ,
WHEREAS, the Council has determined that the Existing Conditions Survey and Urban
Renew Plan for the Foothills Mall should be submitted to the aforesaid boards in accordance with
law; and
WHEREAS, on April 11, 2007, the staff of the City has already submitted the Existing
Conditions Survey and Urban Renewal Plan to the Larimer County Board of Commissioners, and
the Council desires to ratify that submittal.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That,in accordance with Section 31-25-107 of the Colorado Revised Statutes,
the Existing Conditions Survey and Urban Renewal Plan for the Foothills Mall, attached hereto as
Exhibits "A" and "B" respectively, shall be promptly submitted by the City Manager to the City's
Planning and Zoning Board and the Poudre School District Board of Education with specific
instructions to the Planning and Zoning Board to review the Existing Conditions Survey and Urban
Renewal Plan and give written recommendations to the Council within thirty days after receipt of
the proposed study and plan, specifically and solely as to whether or not the Existing Conditions
Surveyand Urban Renewal Plan comply with the Ci s Comprehensive Plan(City Plan).
P Y � P ( tY
Section 2. That the City Manager is hereby authorized to submit to the Planning and
Zoning Board, the Poudre School District Board of Education and the Larimer County Board of
Commissioners any impact reports or substantive amendments to,or updates of,the Urban Renewal
Plan, so as to ensure compliance with the requirements of the Colorado Urban Renewal law.
Section 3. That the City Manager's submittal to the Larimer County Board of
Commissioners on April 11, 2007, of the Existing Conditions Survey and Urban Renewal Plan is
hereby affirmed and ratified as the submittal of the same by the City Council.
Passed and adopted at a regular meeting of the City Council held this 17th day of April,A.D.
2007.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
FOOTHILLS MALL
EXISTING CONDITIONS SURVEY
City of Fort Collins
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Prepared by:
Terrance Ware + Associates
Table of Contents
1 .0 Blight Survey Definition and Scope 2
2.0 Survey Methodology 4
3.0 Foothills Mall Blight Survey Area Description 5
3. 1 Location and Boundaries 5
3.2 Existing Land Use 7
3.3 Existing Planning and Zoning 7
4.0 Determination of Blight 10
4. 1 Slum, Deteriorated, or Deteriorating Structures 10
4.2 Predominance of Defective or Inadequate Street Layout 11
4.3 Faulty Lot Layout 11
4.4 Unsanitary or Unsafe Conditions 11
4. 5 Deterioration of Site or Other Improvements 12
4. 6 Unusual Topography or Inadequate Public Improvements 12
4. 7 Buildings that are Unsafe or Unhealthy 12
4. 8 The Existence of Health, Safety or Welfare Factors
Requiring High Levels of Municipal Services 13
5 .0 Summary of Findings 14
6.0 Sources 17
Figures
Figure 1 : Regional Location Map
Figure 2: Base Map
Figure 3 : Zoning Map
Figure 4: Survey Area Findings Map
Appendiccs
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 si.Ze, 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;
A The existence of conditions that endanger life or proper y 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 orproperty;
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 properly 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 (l�, the fact that an owner of an interest in such properly 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 lawsgoverning condemnation.
Several 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. First,
the absence of widespread violation of building and health codes does not, by itself, preclude
a finding of blight. Second, the presence of one well maintained building does not defeat a
determination that an area constitutes a blighted area. Lastly, an authority's determination as
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 2 -
to whether an area is blighted . . . . is a legislative question and the scope of review by the
Judiciary is restricted.
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 an Existing Conditions Suruey is to assist the City
Council in deciding whether a 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 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 City of Fort
Collins.
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 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. It is located approximately 60 miles north of Denver and adjacent to the
communities of Timnath, 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 Dare Associates - 6 -
12 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 .
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.
3.3 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 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 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
Blight Survey Area (see Figure 3) . Currently, the study area is zoned Commercial
District (C) . The Commercial District is intended to be a setting for development,
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 7 -
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 emphasize safe and convenient personal mobility in many forms, with
planning and design that accommodates pedestrians.
The zoning pernuits a wide variety of uses including: civic, public, institutional,
residential, office and retail uses .
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 8 -
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Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 9 -
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. Field inventory forms are provided in Appendix II . 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 our 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.
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.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 10 -
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 Predominance of Defective or Inadequate Street Layout
Parking lot striping is faded or non-existent which makes vehicular circulation confusing and
unsafe. A lack of directional aids (signage, landscape islands and curbs) within the parking
facilities is a leading contributor to vehicular accidents due to confusion of motorists of
travel laneage and legitimate parking areas .
Loading docks for the mall extend into drive lanes and across sidewalks and pedestrian
routes.
The physical configuration of the mall creates confusing street patterns, unexpected
intersections, access points and poorly located vehicular and pedestrian routes .
4.3 Faulty Lot Layout
The size and overall configuration of the site is a significant constraint to redevelopment of
the properties as well as the provision of safe vehicular access and off-street parking
facilities . The physical orientation of the mall building restricts expansion or modification of
the mall without significant site impacts, severely restricting the redevelopment of the
parcels .
494 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.
Adequate drainage facilities lack 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.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance bare Associates
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 .
43 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 .
Overhead utilities exist throughout the site. Although they are not physically present on
every lot, they are visible from vantage points within the Study Area.
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, fire suppression, telecommunications and
electrical components, extending to mechanical doors at entryways .
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.
4.6 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. Also overhead
utility lines occur within the Study Area.
4.7 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.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 12 -
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. 8 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 seven blighted conditions found in the Survey Area and
described previously in this report:
1 . Predominance of Defective or Inadequate Street Layout. Inefficient internal
circulation, improperly located access points, and faded parking striping create
confusion for vehicular circulation within the Study Area.
2. Faulty Lot Layout. Lot size and shape constrain development of the site. Parking
facilities, vehicular and pedestrian facilities are impacted by the lot size and
configuration.
3. Unsanitary or Unsafe Conditions . This results from one or more of the above
conditions and (a) Unsafe vehicular and pedestrian access (b) pavement
deterioration, (d) accumulation of weeds, trash, and debris, ( vacant structures and
tenant spaces, (g) poor site drainage, (h) elevation changes within the structure and (i)
poor site lighting.
4. 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.
5 . Unusual Topography or Inadequate Public Improvements or Utilities . Inadequate
sidewalks, parking, roadways vehicular, drainage facilities, sanitary and storm systems
and utilities .
6. Buildings that are Unsafe or Unhealthy. Poor and unsafe ingress and egress at
several buildings within the study area is present. Major building systems in need of
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 14 -
repair or replacement due to deterioration or capacity. Vandalism and property
crimes also occur within the study area.
7. 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.
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance lure Associates - 15 -
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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 -
A1212endices
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 -
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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 -
Foothills Mall Existing Conditions Survey — City of Fort Collins Terrance Tare Associates - 23 -
EXHIBIT "B"
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
EXHIBIT `B"
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 , a copy of which is attached
hereto as Appendix " B " 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 seven factors :
■ predominance of defective or inadequate street layout ;
■ faulty lot layout ;
■ 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
Foothills Mall Urban Renewal Plan 4
EXHIBIT `B"
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
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 :
10 replacement of Mervyn 's with a future anchor tenant ,
2 , replacement of JC Penney with a future mini - anchor tenant ,
I an update of the interior common area of the mall ,
4m 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 IC Penney
Foothills Mall Urban Renewal Plan 5
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
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
Foothills Mall Urban Renewal Plan 6
EXHIBIT `B"
eminent domain , pursuant to the Urban Renewal Law . If the power of
eminent domain is to be exercised for the purpose of transfer of property to
another private person or entity , the Authority 's decision whether to acquire
the property through eminent domain shall be guided by the following
criteria , with the understanding that these guidelines shall not be construed
to constrain the Authority 's legal ability to exercise the power of eminent
domain :
■ all requirements of the Urban Renewal Law , including eminent
domain procedures , have been met ;
■ other possible alternatives have been thoroughly considered by
the Authority ;
■ good faith negotiations by the Authority and / or the project
developer have been rejected by the property owner ;
■ reasonable efforts have been undertaken to : ( a ) understand and
address the property owner' s position and his or her desires for
the property and for any existing business on the site , and ( b )
work with the owner to either include the owner in project
planning or purchase the property and relocate the owner in
accordance with the Urban Renewal Law on terms and conditions
acceptable to the owner .
c . Demolition . The Authority may provide for the demolition of existing
development and clearance of sites as part of specific projects .
d . Participation Agreements . The Authority may enter into participation
agreements with property owners or developers in the renewal area to
facilitate participation and assistance that the Authority may choose to
provide to such owners or developers . These may include provisions
regarding project planning , public improvements , financing , design , and any
other matters allowed pursuant to the Urban Renewal Law .
e . Relocation Assistance . It is not expected that the activities of the Authority
will displace any person , family , or business . However , to the extent that in
the future the Authority may purchase property causing displacement of any
person , family , or business , it shall develop a relocation program to assist
any such party in finding another location pursuant to the Urban Renewal
Law , and provide relocation benefits consistent with the Urban Renewal Law .
There shall be no displacement of any person or business without there
being in place a relocation program , which program shall become a part of
this Plan when adopted .
f . Hiring . The Authority may employ consultants , agents , and employees ,
permanent and temporary , and it shall determine their qualifications , duties ,
and compensation .
g . Legal Authority . The Authority may also exercise all other powers given to it
under the Urban Renewal Law .
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
EXHIBIT `B"
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
EXHIBIT `B"
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
EXHIBIT `B"
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
EXHIBIT "B"
Proposed Foothills Mall
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Foothills Mall Urban Renewal Plan 15