HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 02/28/2013 - COMPLETE AGENDAu r b a n r e n e w a l a u t h o r i t y
Karen Weitkunat, Chairperson City Council Chambers
Kelly Ohlson, Vice-Chairperson City Hall West
Ben Manvel 300 LaPorte Avenue
Lisa Poppaw Fort Collins, Colorado
Aislinn Kottwitz
Wade Troxell
Gerry Horak Cablecast on City Cable Channel 14
on the Comcast cable system
Darin Atteberry, Executive Director
Steve Roy, City Attorney
Wanda Nelson, Secretary
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for
assistance.
URBAN RENEWAL AUTHORITY
BOARD OF COMMISSIONERS WORK SESSION
February 28, 2013
6 p.m.
1. Call Meeting to Order.
2. Urban Renewal Authority Overall Vision and Purpose, Policies and Administrative Procedures, and
Proposed Work Plan. (staff: Bruce Hendee, Josh Birks, Tom Leeson; 1 hour discussion)
This work session is intended to provide an opportunity for discussion regarding overall Urban
Renewal Authority (URA) vision and mission, as well as the purpose of URA assistance to ensure the
URA continues to achieve the purpose for which it was intended. Additional discussion items include
a proposed work plan to address role of URA and future policy amendments, as well immediate
amendments to policy and procedures requested by Board in October. The discussion topics
regarding immediate policy amendments include the relocation assistance policy, green building
practices, administrative procedures review process, and additional language changes.
3 Other Business.
4. Adjournment.
CITY COUNCIL AGENDA
Karen Weitkunat, Mayor Council Chambers
Kelly Ohlson, District 5, Mayor Pro Tem City Hall West
Ben Manvel, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Aislinn Kottwitz, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Gerry Horak, District 6 on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
ADJOURNED MEETING
Thursday, February 28, 2013
(after the Urban Renewal Authority Work Session)
1. Call Meeting to Order.
2. Roll Call.
3. Hearing and Resolution 2013-014 Making Legislative Findings Ratifying and Confirming the
Approval of the Midtown Urban Renewal Plan, Including the Use of Tax Increment Financing in a
Portion of the Urban Renewal Area, and Ratifying and Confirming the Authorization to Acquire
Real Property for the Elimination of Blight and Redevelopment in the Urban Renewal Area. (staff:
Bruce Hendee, Josh Birks; 10 minute staff presentation; 1 hour discussion)
This item provides additional opportunity for public comment on the Midtown Urban Renewal Plan
(Plan) adopted by City Council in September 2011, and particularly about the provision in the Plan
that authorizes the use of eminent domain by the Fort Collins Urban Renewal Authority (URA).
The Resolution does not modify the Plan or any related provision, but instead ratifies and confirms
the prior approval of the Plan, as well as the specific provision in the Plan that authorizes the URA
to use eminent domain subject to statutory and Plan requirements. The subject of amending the
Plan to authorize the use of tax increment financing in the Foothills Mall area of the Plan, which
the notices also included as part of the City Council’s hearing on this date, will be presented and
considered separately from the other matters described in the notices.
4. Continuation of Public Hearing on the Subject of Amending the Midtown Urban Renewal Plan to
Authorize the Use of Tax Increment Financing in the Foothills Mall Area of the Plan. (staff: Bruce
Hendee, Josh Birks; 5 minute staff presentation; 10 minute discussion)
Staff has proposed that the Midtown Urban Renewal Plan be amended to authorize the use of tax
increment financing in the Foothills Mall area of the Plan. As required in connection with such an
February 28, 2013
amendment, notice was provided to all property owners, residents, and owners of business
concerns in the Urban Renewal Area, and to Larimer County, and was published in the Fort
Collins Coloradoan. In addition, an economic impact analysis of the proposed action was
provided to Larimer County. All of the matters for consideration identified in the notices, other
than the issue of amending the Plan to authorize the use of tax increment financing in the Foothills
Mall area of the Plan, are being considered on this date, and are the subject of Resolution 2013-
014. Staff is requesting that this portion of the public hearing described in the notices and
consideration of this item be continued to a date certain, March 27, 2013, in order to allow further
time for discussion with Larimer County regarding the potential impacts of the TIF District and the
proposed redevelopment on County revenues.
5. Other Business.
6. Adjournment.
u r b a n r e n e w a l a u t h o r i t y
Karen Weitkunat, Chairperson City Council Chambers
Kelly Ohlson, Vice-Chairperson City Hall West
Ben Manvel 300 LaPorte Avenue
Lisa Poppaw Fort Collins, Colorado
Aislinn Kottwitz
Wade Troxell
Gerry Horak Cablecast on City Cable Channel 14
on the Comcast cable system
Darin Atteberry, Executive Director
Steve Roy, City Attorney
Wanda Nelson, Secretary
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for
assistance.
URBAN RENEWAL AUTHORITY
BOARD OF COMMISSIONERS MEETING
Thursday, February 28, 2013
(after the Adjourned Council Meeting)
1. Call Meeting to Order.
2. Roll Call.
3. Citizen Participation
Individuals who wish to address the Board on items not specifically scheduled on the agenda must first
be recognized by the Chairperson or Vice Chair. Before speaking, please sign in at the table in the
back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow.
The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there
are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed for each
individual.
! State your name and address for the record.
! Applause, outbursts or other demonstrations by the audience are not allowed
! Keep comments brief; if available, provide a written copy of statement to Secretary
DATE: February 28, 2013
STAFF: Bruce Hendee, Josh Birks
Tom Leeson
Pre-taped staff presentation: available
at fcgov.com/clerk/agendas.php
WORK SESSION ITEM
URBAN RENEWAL AUTHORITY
SUBJECT FOR DISCUSSION
Urban Renewal Authority Overall Vision and Purpose, Policies and Administrative Procedures, and
Proposed Work Plan.
EXECUTIVE SUMMARY
This work session is intended to provide an opportunity for discussion regarding overall Urban
Renewal Authority (URA) vision and mission, as well as the purpose of URA assistance to ensure
the URA continues to achieve the purpose for which it was intended. Additional discussion items
include a proposed work plan to address role of URA and future policy amendments, as well
immediate amendments to policy and procedures requested by Board in October. The discussion
topics regarding immediate policy amendments include the relocation assistance policy, green
building practices, administrative procedures review process, and additional language changes.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does the URA Board support the stated overall URA vision and purpose of URA assistance?
2. Are there any concerns or additions to the work plan established to address additional URA
Policy revisions?
3. Does the URA Board have any concerns with the revisions to Policy and Procedures
document?
BACKGROUND / DISCUSSION
As the City of Fort Collins Urban Renewal Authority evolves and matures as an organization and
continues to develop policies and procedures to achieve redevelopment goals, it is important to
occasionally take a step back to revisit the organization’s fundamental purpose and mission. The
overall purpose and mission of the URA establishes the framework that supports and informs
decision making, so it is essential there is consensus and clarity. This work session is intended to
provide the URA staff and Board an opportunity for dialogue regarding the URA mission and to
ensure the URA continues to achieve the purpose for which it was intended.
February 28, 2013 Page 2
Overall Vision of the Urban Renewal Authority
Many communities view Urban Renewal Authorities, and the associated Tax Increment Financing
(TIF), as strictly an economic development tool used to promote redevelopment of blighted areas.
The City of Fort Collins, however, views the URA as part of a systematic approach to achieve the
community’s long-range vision. The City’s long-range vision, which is articulated in City Plan,
utilizes the basic tenets of sustainability as its guiding principles. Fort Collins’ sustainability model
is based on a triple bottom line perspective that incorporates environmental, economic, and human
considerations so that policies and strategies are developed with consideration of the benefits and
tradeoffs across all three of these topic areas. As part of a systematic approach to achieve the
community’s long-range vision, the Fort Collins URA has a broader purpose than just an economic
development tool as its mission statement suggests. The URA Mission states:
“The mission of the Urban Renewal Authority is to remedy blight, using Tax
Increment Financing, to leverage private capital investment, and stimulate
sustainable development and public improvement projects.”
The Mission Statement includes both the remediation of blight, as well as the “stimulation of
sustainable development and public improvements.” The stimulation of sustainable development
and public improvement projects must, therefore, be achieved with a triple bottom line perspective
that incorporates environmental, economic, and human considerations consistent with City Plan.
In order to achieve that mission, the URA needs to operate in a manner that recognizes that policies
and strategies should not be developed and implemented in isolation from one another or work at
cross-purposes. By being a part of the City Plan’s overall systematic approach, the URA recognizes
and emphasizes the interrelationships among the City Plan components, and aims to strike a balance
between them.
It is important to clarify the underlining mission of the URA as it is used to inform decisions with
respect to adopted policies and procedures, and helps the public, the URA Board and staff clearly
understand the arena in which the URA operates.
Purpose of URA Assistance
As stated in the current URA Policies and Procedures, the fundamental purpose for application to
the URA for Tax Increment Financing (TIF) assistance is to facilitate desirable
development/redevelopment projects that would not otherwise occur “but for” the assistance
provided through TIF. The Board intends to provide the minimum amount of TIF assistance needed
to make the project viable in order to preserve unencumbered TIF for District-wide public
improvements. Even when the proposed redevelopment of a blighted property is a desirable
outcome, it is important to make sure that the proposed project needs financial assistance. The
determination of need is sometimes called the “but for” analysis, as in “but for URA assistance, the
project will not happen.”
In determining the “but for”, the URA looks at the ability of private financing institutions to loan
money for the project, as well as the expected return on private equity invested in the project, to
understand whether or not there is a financing gap that the private sector cannot reasonably be
expected to cover. In general, there are three types of situations where it is appropriate for the URA
and the City to assist in closing a financial gap:
February 28, 2013 Page 3
1. When conditions on the site make private market rate redevelopment impossible, so
providing TIF assistance helps to create a project that would not otherwise happen.
Examples of this include:
• When the cost of required environmental remediation far exceeds the value of the
remediated property such that privately financed redevelopment is virtually impossible.
• When the perceived risk of investing in a blighted area is so high that redevelopment cannot
be privately financed.
• When a parcel lacks the major public infrastructure necessary for redevelopment consistent
with City plans for the area.
In the examples provided above, property remains underutilized or vacant, bringing down property
values in the surrounding area and shifting the cost of providing public services to other taxpayers.
The use of TIF to offset the additional/exceptional costs of redeveloping such sites can be viewed
as a practical investment for the community.
2. When conditions on the site make the timing of market rate redevelopment uncertain, and
perhaps slower than the community would like to see. In these cases, providing TIF
assistance accelerates the timing of a project, which can provide momentum for
redevelopment of an entire area.
Examples of this include:
• When redevelopment of an area is necessary for the health of the city (regional centers,
important corridors, etc.) but market uncertainty restricts pioneering private investors’
willingness to invest.
• When failure to redevelop an area is harmful to the health of the city or surrounding area and
waiting for the market will exacerbate the situation.
In the examples provided above, the perceived risk associated with investing prevents
redevelopment of key areas of the city. The use of TIF to accelerate redevelopment of critical sites
can be viewed as a practical investment for the community.
3. When conditions on the site are such that the likely market rate redevelopment outcome is
not desirable. In these cases, providing TIF assistance enhances a project so that it conforms,
or exceeds identified objectives in City Plan.
Examples of this include:
• When the cost of rehabilitating an historic structure exceeds the costs/benefits associated
with demolishing it and building a new structure.
• When the land uses the market can support are contrary to the vision and goals laid out in
City plans.
In the examples provided above, what the market is expected to deliver may have additional or
exceptional costs that run contrary to the sound growth and development of the city. The use of TIF
February 28, 2013 Page 4
to enhance development outcomes on key sites can be viewed as a practical investment for the
community.
The three types of situations where it is appropriate for the URA and the City to assist in closing a
financial gap can be summarized as being situations that create, accelerate, and/or enhance projects
that otherwise would not happen. When the use of TIF assistance is limited to situations like these
and are evaluated through a systematic approach that is based on a triple bottom line perspective,
the public can be assured that its investment is just that, something that will reap tangible,
sustainable benefits.
Work plan to address roles of URA and policies to execute various roles
In an effort to continue the dialogue with the Board regarding the URA mission and to ensure the
URA continues to achieve the purpose for which it was intended, staff is committed to bringing
forward additional policy discussions over the next few months. Below is a list of the pending
policy discussion items and a work plan for accomplishing those items:
Discussion Item Description Anticipated Review
by URA Board
Role of URA What role should URA play to reach URA
Vision? Provide gap financing in a reactionary
mode; Act as a development partner with
private sector; Act in proactive mode and
engage in acquisition and property aggregation.
May 2013
Financing Structure** Discussion regarding public financing policies.
Including: % of increment to be used to finance
a project; increment forecasting methods;
financing costs; Pay-as-you-go, Loan from City,
Bond Financing
May 2013
Sales Tax Increment Appropriateness of utilizing sales tax increment May 2013
URA Equity
Participation
Appropriateness of URA participation in up-
side of projects
May 2013
Formation of TIF
Districts
Threshold/timing of creating new districts June 2013
New Urban Renewal
Plan Areas
Timing for formation of new plan areas June 2013
Citizen Advisory
Groups (CAG)
Role of CAGs in future Urban Renewal Plan
areas
July 2013
Catastrophic Events
Contingency
Exit Strategy/Plan B for cases where there is a
complete loss of property value
July 2013
** Staff has begun a series of practices addressing many of these topics and looks
forward to a broader discussion with the Board.
Staff is looking for feedback regarding these discussion items and, if the Board desires, to add any
other policy items to be discussed at future work sessions.
February 28, 2013 Page 5
Policy and Procedures Amendments
Relocation Policy Amendments
The URA adopted a Relocation Assistance and Land Acquisition Policy in October 2012, to govern
activities when relocating individuals, families, businesses, non-profit organizations and personal
property displaced by projects funded, in whole or in part, by the URA (Attachment 1). The adopted
Policy would make eligible for relocation assistance, persons who are not entitled to assistance
under the URA statute, and could have significant financial ramifications for the URA and
redevelopment projects eligible for URA assistance. For example, persons who voluntarily relocate
when a redevelopment project moves forward would become eligible for assistance once that project
receives URA financial support.
The URA is required to have a Relocation Policy in connection with the use of eminent domain to
transfer acquired property to another private party. However, staff recommends that the URA Board
more fully discuss and consider whether the relocation policy should remain in place as adopted in
October. If the Board’s intent is to cast a wide net, the URA needs to be prepared for the potentially
high costs associated with providing relocation assistance to any individual, family, business, or
non-profit organization that displaced by a URA funded project. The potential costs associated with
such a policy could become a barrier to the effectiveness of the URA, and must be evaluated against
the URA goal of remediating blight.
As an alternative to the existing adopted policy, staff recommends that the Board adopt an amended
policy that is narrower in its scope. Limiting the relocation policy to provide relocation assistance
only when the URA uses its power of eminent domain to transfer acquired property to another
private party would reduce the number of persons entitled to assistance; thereby, protecting the URA
from incurring uncontrollably high costs that are not directly associated with remediating blight, and
would provide a clear process for providing assistance that is consistent with state law.
Furthermore, there may be times the URA chooses to acquire property through a negotiated process
without utilizing the power of eminent domain. These types of acquisitions may also result in the
displacement of individuals, families, businesses, and/or non-profit organizations. The URA is not
required to provide assistance by the State in these circumstances; however, it seems judicious that
the URA have a policy that allows for the payment of relocation cost where appropriate and
establishes a conceptual approach for negotiating relocation assistance in these cases.
Finally, the City is also drafting an Affordable Housing Redevelopment Displacement Mitigation
Strategy to deal with the redevelopment of affordable housing units and mobile home parks (see
Attachment 5 for the recommendations). The recommended strategy #6 specifically addresses the
redevelopment of mobile home parks, and requires mobile home park owners or redevelopers to pay
actual costs associated with the displacement of residents. This requirement would apply to the
entire city and would apply regardless of URA participation. If the URA participated in a project
that displaced mobile homes, the developer could be required to cover the costs associated with
relocation, which would be considered an eligible cost that could be reimbursed by the URA.
February 28, 2013 Page 6
Green Building Practices
There has been lengthy discussion by the URA Board as to whether green building practices, above
and beyond the basic building code requirements, should be required of URA funded projects. The
Board originally proposed that all URA funded projects be required to meet LEED Silver rating.
However, due to significant public opposition to such a requirement, the staff proposed a more
intermediate step, which was to require all new buildings participate in the Fort Collins Utilities
(Utilities) Integrated Design Assistance Program (IDAP) to identify sustainable practices that can
be incorporated into the building prior to construction; to require all redevelopment projects with
an existing building to complete an Efficiency Assessment of the existing building; and to require
a Construction Waste Management Plan be submitted for all projects, including but not limited to
new construction projects as well as existing projects that may have deconstruction onsite.
Since the Board has discussed these possible requirements, there have been some changes that may
affect the Board’s decision regarding the three intermediate policy requirements. The 2011 green
building amendments to the adopted 2009 International Building Code, which became effective in
January 2012, are shown in Attachment 2.
One of the first changes involves Utilities’ IDAP. The IDAP is being redesigned as a performance
based program. As such, it will move from a code reference to an Energy Use Index (EUI) target
(i.e., energy use per building square feet) in alignment with the Architecture 2030 Challenge, a
program with a path to carbon neutral buildings by 2030. The program will remain voluntary;
however, the requirements for compliance will be significantly increased. Energy targets are set as
a 60% percent reduction in fossil fuel use from the regional median EUI for a particular building
type. The reduction standards increase 10% every five years (70% in 2015), until new buildings
participating in the program in 2030 will require no fossil fuel energy to operate. Performance will
be determined through actual electricity and gas use data for 12 contiguous months after the building
is occupied. The metric takes into account all building energy use – HVAC, lighting, appliances,
equipment and human behavior related to energy use. The new IDAP will require a significant
commitment from property owners in terms of monitoring and program compliance and would be
very difficult to achieve without willing property owners that are truly vested to the outcome.
Additionally, the current Code requires energy assessments prior to building alterations with
valuations of $30,000 or greater. The City’s Code requires an energy assessment prior to
construction, but does not require the building implement any of the energy saving measures
identified in the assessment. While this Code requirement applies to renovations only, all new
buildings are required to meet the energy efficiency requirements contained within the adopted
IECC.
With the adoption of the green building amendments, all new construction is required to submit a
construction waste recycling plan with the intent of diverting construction waste from the landfill.
The program focuses on the materials in which the City has capacity to receive, which includes
wood, metal, concrete, and cardboard. The current program does not apply to alterations.
Therefore, a potential URA requirement could be:
• Implement any energy saving measures identified in an energy assessment for any alterations
with valuations of $30,000 or greater.
February 28, 2013 Page 7
• Require construction waste recycling plan on all URA funded projects that include
alterations.
Additionally, the City Building Code Services is currently undergoing an update to the Building
Code to adopt the 2012 family of International Codes, as well as local amendments. It is anticipated
this undertaking will be completed by the third quarter of 2013. The 2012 International Codes will
require further energy efficiencies and building techniques that further sustainable development
goals. The adoption of the 2009 International Codes resulted in a 15% increase in energy
efficiencies for new buildings, and the 2012 International Codes will increase energy efficiencies
another 19%. The adoption of the 2012 International Codes will also include local amendments,
which is an opportunity for additional green building measures if so desired.
In essence, this means the Board’s desire to require URA projects to meet a higher green building
standard than non-URA projects (but not at a LEED Silver level), may not be necessary as the City
is quickly adopting general building code requirements that are achieving many of the green
building standards desired by the Board. This is a positive step for the community in terms of
achieving sustainability goals, and a positive step for URA projects as they will be on equal footing
as non-URA projects with respect to Code requirements, which was one of the major points of
contention from the business community.
Approval Process of Administrative Procedures
The URA Administrative Procedures, which were most recently revised in October 2012, have
historically been approved by URA Resolution No. 045 (Attachment 3). The Administrative
Procedures were adopted as part of the Policies and Procedures, yet they serve a very different
purpose. The Administrative Procedures are intended to provide both minimum procedural
requirements for URA applicants and an operating framework for staff to implement the Policy and
Procedures established by the URA Board.
In an effort to allow staff the ability and flexibility to respond quickly to issues that arise when
implementing the URA Policies, it is recommended that the Board delegate the authority to approve
Administrative Procedures to the Executive Director. Any revisions to the Administrative
Procedures will be presented to the URA Board.
October 2012 URA Board Recommended Amendments
During the October 23, 2012 URA Board meeting in which the Policy and Procedures were adopted,
the Board requested staff to look at several sections and recommend possible language changes
(Attachment 4). The following amendments are intended to address the Board’s concerns:
Presence of Floodplain
Section 2- Objectives
Should the “presence of floodplain” be included within the list of impediments to desired
development given the benefits of floodplains with regards to other environmental considerations?
February 28, 2013 Page 8
Proposed Amendment:
“Remove impediments to desired development, e.g., lack of infrastructure,
environmental contamination, presence of floodplain drainage/storm water
deficiencies, and/or unsuitable soils.”
Financial Feasibility of Projects
Section 4 – Evaluation Criteria
Should TIF assistance be considered for projects that have the financial feasibility to proceed
without TIF if “exceptional circumstances warrant support for the project?”
This language is attempting to allow the URA to evaluate projects that fall into the “Enhance”
category discussed above in the purpose of URA assistance. In those cases, the likely market rate
redevelopment outcome is not desirable, or is contrary to the goals within City Plan. In some
circumstances a project may be financially feasible without TIF assistance; however, providing TIF
assistance enhances a project so that it conforms, or exceeds identified objectives in City Plan.
The current language clearly does not reflect that intent, so the following proposed language is
intended to be more consistent with the intent:
“TIF assistance will not be considered for projects that have the financial feasibility
to proceed without TIF assistance, except where exceptional circumstances warrant
support for the project when TIF assistance causes a project to conform with, or
exceed identified objectives in City Plan.”
Affordable Housing as Public Benefit
Section 4 – Public Benefit
Should there be a threshold/matrix included that recognizes greater public benefit for higher levels
of affordable housing provided?
The City of Fort Collins definition of an affordable housing project is complex and includes
numerous components. As a result, there are numerous ways a project might exceed the levels of
affordable housing established in the City’s definition of an affordable housing project. The URA
Board might see significant public benefit in a type or level of offered affordable housing that lies
outside the established definition. Therefore, instead of establishing a strict threshold that must be
achieved in order to be recognized as public benefit, the language should be amended to allow
flexibility but also state that the perceived public benefit is based on a sliding scale, meaning the
greater the affordable housing level offered, the greater the public benefit.
Proposed language:
“Affordable housing project, using varying measures, exceeds the minimum City
Land Use Code definition of an “affordable housing project”, with higher perceived
public benefit resulting from greater levels of affordable housing offered.”
February 28, 2013 Page 9
Administrative Procedures
Section 2 – Application Process
The provision requiring community-based input needs to include a broader range of community
groups so as to reflect a more triple bottom line approach.
Proposed language:
Additional community-based input from affected groups may be required.
“Feedback from community-based input (e.g., North Fort Collins Business
Association, South Fort Collins Business Association Business Associations,
environmental associations, and/or social service organizations) may require
modifications that delay approval and even require additional financial analysis.”
Next Steps
March 19, 2013 The URA Board will consider adopting the updated URA Policies and
Procedures.
ATTACHMENTS
1. Resolution No. 046, URA Relocation Assistance and Land Acquisition Policy
2. 2011 Green Building Amendments
3. Resolution No. 045, Adopted Policies and Procedures
4. URA Board Minutes, October 23, 2012
5. Affordable Housing Redevelopment Displacement Mitigation Strategies
6. Powerpoint presentation
ATTACHMENT 1
Commercial Building Code Green Building Amendments (Prescriptive)
Applicable to Non-Residential and High-Rise (4-story + up) Multifamily Housing
# GB Practice Description * Intent Applicability** Code Section
RESOURCE EFFICIENCY
1
Construction waste
recycling
• Submit recycling plan (who, what, where, how) before project begins
• Implement recycling (non-landfill) for wood, metal, concrete and
cardboard
Divert construction waste
from landfill
New: Yes
Addition: No
Alteration: No
IBC 3602.1
2 Certified wood Sustainable forestry certification required for all tropical hardwoods
Support sustainable
forestry practices
New: Yes
Addition: Yes
Alteration: Yes
IBC 3602.2
3
Windows, skylights,
doors:
installation
Increased detailing regarding integration of fenestration with exterior
drainage plane
Reduce potential for
exterior moisture damage
New: Yes
Addition: Yes
Alteration: No
IBC 1405.13.3
ENERGY EFFICIENCY + CONSERVATION
4
Energy distribution
design
Each electrical panel supplies only one of the following electricity use
types - HVAC, lighting, plug loads, process loads, & miscellaneous
loads. Space required for metering. Buildings less than 15,000 sq. feet
are exempt.
Provides means for
measurement and
verification leading to
potential energy savings
New: Yes
Addition: Part
Alteration: No
IECC 505.8
5
Building envelope: air
barrier
Requirement for continuous air barrier system with air tightness testing
per City of Fort Collins standard. Leakage must not exceed 0.25
CFM/SF at 75 Pa.
Saves energy, improves
occupant comfort,
improves building
10
Occupant sensor
controls
Occupant sensor controls to automatically reduce connected lighting
power by at least 50% in corridors, enclosed stairwells, storage stack
areas not open to the public, library stack areas, and parking garages
when unoccupied.
Electricity savings, CO2
reduction
New: Yes
Addition: Part
Alteration: No
IECC 505.2.2.1
11
Energy assessments for
alterations
Energy assessments required prior to building alterations with valuation
of $30,000 or greater. No-cost assessment provided by Fort Collins
Utilities.
Identify energy efficiency
opportunities
New: No
Addition: No
Alteration: Yes
IECC 101.4.3.1
WATER EFFICIENCY + CONSERVATION
12 Water-efficient fixtures
Specified fixtures must meet standards for maximum flow rates or
consumption.
Save water and energy
New: Yes
Addition: Yes
Alteration: Yes
IPC Table 604.4
INDOOR ENVIRONMENTAL QUALITY (IEQ)
13 HVAC IAQ Design
• Protect ducts from contamination during construction
• Air handling system access & ability to clean and maintain
• No friable materials in air plenums
Avoid introducing
contaminants into supply
air and provide means for
maintaining air quality.
New: Yes
Addition: Yes
Alteration: Yes
IBC 3603.1
14 Building flush-out
Flush out building contaminants by ventilating at prescribed outside air
setting continuously for 14 days.
Remove pollutants
generated from outgassing
of new materials
New: Yes
Addition: Part
Alteration: Part
IBC 3603.1.2
15
Low-Volatile Organic
Compound (VOC)
Residential Building Code Green Building Amendments (Prescriptive)
Applicable to Low-Rise (3-story or less) Multifamily Housing
# GB Practice Description * Intent Applicability** Code Section
RESOURCE EFFICIENCY
1
Construction waste
recycling
• Submit recycling plan (who, what, where, how) before project begins
• Implement recycling (non-landfill) for wood, metal, concrete and cardboard
Divert construction waste
from landfill
New: Yes
Addition: No
Alteration: No
IBC 3602.1
2 Certified wood Sustainable forestry certification required for all tropical hardwoods
Support sustainable
forestry practices
New: Yes
Addition: Yes
Alteration: Yes
IBC 3602.2
3
Windows, skylights,
doors:
installation
Increased detailing regarding integration of fenestration with exterior drainage plane
Reduce potential for
exterior moisture damage
New: Yes
Addition: Yes
Alteration: No
IBC 1405.13.3
ENERGY EFFICIENCY
4
Building envelope:
thermal specifications
for electric-heat
buildings
More rigorous insulation envelope specifications for electric-heat buildings (beyond
2009 International Residential Code requirements)
Save energy and reduce
peak electrical demand
New: Yes
Addition: Yes
Alteration: Yes
IECC
202 (definition)
Table 402.1.1
Table 402.1.3
402.4.2.1
5
Basement windows:
thermal specifications
Basement windows with comparable performance to windows on main living levels
Set stage for energy-
efficient, comfortable living
space when basement is
finished
New: Yes
WATER EFFICIENCY
11 Water-efficient fixtures
Toilets, showerheads and faucets must meet Environmental Protection Agency (EPA)
WaterSense® standards for maximum flow rate or consumption.
Save water and energy
New: Yes
Addition: Yes
Alteration: Yes
IPC 604.4
INDOOR ENVIRONMENTAL QUALITY (IEQ)
12
Safer combustion
appliances: new
construction
Natural-draft combustion appliances (furnaces, boilers and water heaters) must be
placed outside the building's pressure boundary and pass combustion safety test.
Natural-draft fireplaces must pass combustion safety test.
(This requirement may also be met with safer combustion appliances: power-vented,
sealed-combustion or direct-vent.)
Eliminate potential health
and safety hazard of
combustion products
spilling into building
New: Yes
Addition: Yes
Alteration: No
IFGC 303.3
13
Safer combustion
appliances: existing
buildings
When combustion appliances are replaced, all natural-draft combustion appliances
must pass combustion safety test under "natural conditions."
Reduce potential health
and safety hazard of
combustion products
spilling into building
New: No
Addition: No
Alteration: Yes
IFGC 305.1
14
Low-Volatile Organic
Compound (VOC)
materials
Interior materials meet maximum VOC emissions standards
Improve indoor air quality
for construction workers
and occupants
New: Yes
Addition: Yes
Alteration: Part
IBC 3603.2
15 HVAC IAQ Design
• Protect ducts from contamination during construction
• Air handling system access & ability to clean and maintain
• No friable materials in air plenums
Avoid introducing
contaminants into supply
air and provide means for
Applicable to Single-family Detached Housing, Duplexes, Townhomes
# GB Practice Description * Intent Applicability** Code Section
RESOURCE EFFICIENCY
1
Construction waste
recycling
• Submit recycling plan (who, what, where, how) before project begins
• Implement recycling (non-landfill) for wood, metal, concrete and cardboard
Divert construction waste
from landfill
New: Yes
Addition: No
Alteration: No
IRC R324.1
2 Certified wood Sustainable forestry certification required for all tropical hardwoods
Support sustainable
forestry practices
New: Yes
Addition: Yes
Alteration: Yes
IRC R324.3
3
Windows, skylights,
doors:
installation
Increased detailing regarding integration of fenestration with exterior
drainage plane
Reduce potential for
exterior moisture damage
New: Yes
Addition: Yes
Alteration: No
IRC R703.8.1
ENERGY EFFICIENCY
4
Building envelope:
thermal specifications
for electric-heat
buildings
More rigorous insulation envelope specifications for electric-heat buildings
(beyond 2009 International Residential Code requirements)
Save energy and reduce
peak electrical demand
New: Yes
Addition: Yes
Alteration: Yes
IRC
IECC
Table N1102.1
Table N1102.1.2
N1102.4.2.1
Table 402.1.1
Table 402.1.3
402.4.2.1
5
Basement windows:
thermal specifications
Basement windows with comparable performance to windows on main living
levels
Set stage for energy-
9
Heating, ventilation, air
conditioning (HVAC)
systems:
performance testing
Performance testing of heating, cooling and ventilation systems, aligned with
Air Conditioning Contractors of America (ACCA) 5 "Quality Installation"
procedures. Systems operating out of tolerance compared with design
specifications will be adjusted and re-tested until they pass.
Verify that HVAC systems
perform as designed
New: Yes
Addition: Yes
Alteration: Part
IRC
IECC
IMC
M1309
403.6 (refs IRC
M1309)
107.3
WATER EFFICIENCY
10 Water-efficient fixtures
Toilets, showerheads and faucets must meet Environmental Protection
Agency (EPA) WaterSense® standards for maximum flow rate or
consumption.
Save water and energy
New: Yes
Addition: Yes
Alteration: Yes
IRC P2903.2
INDOOR ENVIRONMENTAL QUALITY (IEQ)
11
Safer combustion
appliances: new
construction
Natural-draft combustion appliances (furnaces, boilers and water heaters)
must be placed outside the building's pressure boundary and pass
combustion safety test. Natural-draft fireplaces must pass combustion safety
test.
(This requirement may also be met with safer combustion appliances: power-
vented, sealed-combustion or direct-vent.)
Eliminate potential health
and safety hazard of
combustion products
spilling into building
New: Yes
Addition: Yes
Alteration: No
IRC
IFGC
G2406.2
303.3
12
Safer combustion
appliances: existing
buildings
When combustion appliances are replaced, all natural-draft combustion
appliances must pass combustion safety test under "natural conditions."
Reduce potential health
ATTACHMENT 3
ATTACHMENT 4
Comparison of Recommendations
Public Review Draft Affordable Housing Board
Public Review Draft Recommendations Affordable Housing Board Recommendations
1. Continue to expand the inventory of “designated affordable”
dwelling units, buildings, and complexes through current
programs administered by the Fort Collins Housing Authority,
other non-profit affordable housing agencies, and private
developers.
No change
2. Continue to offer relocation assistance to those residents of
affordable units redeveloped with the use of federal, Fort
Collins Urban Renewal Authority (FCURA), or other City
funds, but do not extend a requirement to pay relocation
expenses in private redevelopment projects that do not use
public funds.
No change
3. Draft a Manufactured Home Park Zoning District and rezone
into that district those mobile home parks that are relatively
large and can serve as significant sources of affordable
housing for the long term.
No change
4. Create a loan or grant program, or use the existing financial
assistance competitive process, that would be available to
finance significant investments in mobile home park water,
sewer, septic, or road infrastructure that would be available to
those larger mobile home parks willing to commit to
continuing operation of their mobile home parks for a at least
10 years.
No change
ATTACHMENT 5
5. Require a one (1) year notice of closure period for mobile
home parks (rather than the 6 month minimum notice required
by Colorado law). However, as an alternative, the City could
offer to allow a six (6) month closure notice if the park owner
delivers to each resident on or before the notice date a detailed
Relocation Report listing all available mobile home park
spaces available within 25 miles, providing the contact
information for each of those park owners, and including
documented estimates of the costs of moving
mobile/manufactured homes to those locations. In addition,
the ordinance should provide an incentive for the park owner
to assist in relocation by providing that park may be closed
before the mandatory one year notice period has expired if all
park residents have been successfully relocated.
Require a one year notice of closure period for mobile home
parks (rather than the 6 month minimum notice required by the
state). As an alternative, the City could offer to allow a six (6)
month closure notice if the park owner delivers to each resident
on or before the notice date a detailed Relocation Report listing
all available mobile home spaces available within 25 miles,
providing the contact information for each of those park owners,
and including documented estimates of the costs of moving
mobile/manufactured homes to those locations. In addition, the
notice provision shall also alert residents that the park may be
closed before the mandatory notice period if all park residents
have been successfully relocated to each party’s mutual
satisfaction.
6. Require that redevelopment projects pay (a) actual costs of
relocating owner occupied mobile/manufactured homes to a
new site within a 25 mile radius of the mobile home park and
(b) pay at least a portion of the value of units that cannot be
moved.
Require that mobile home park owners or redevelopers pay (a)
actual costs of relocating mobile/manufactured homes to a new
site within 25 miles of the redevelopment site, with a maximum
relocation cost of $6,000 for a single-wide unit and $8,000 for
a double-wide unit, (b) the actual value of any home (as
determined by the County Assessor) that is structurally able
to be moved but that cannot be moved due to the
unavailability of any spaces within 25 miles, and (c) the actual
value of any home (as determined by the County Assessor)
that cannot be moved due to structural weakness or poor
condition.
7. Build the capacity of homeowner groups, non-profit
affordable housing providers, and support organizations to
purchase mobile home parks offered for redevelopment and
manage them as long-term sources of affordable housing.
No change
1
1
Policies & Procedures
URA Worksession
February 26, 2013
2
AGENDA
• Overall Vision of URA
• Purpose of URA Assistance
• Work plan for future policy amendments
• Relocation Policy
• Green Building Practices
• Administrative Procedures Approval Process
• October URA Recommended Amendments
ATTACHMENT 6
2
3
DIRECTION SOUGHT
• Is there support for the URA vision and purpose
of URA assistance?
• Are there concerns with the work plan to address
additional URA Policy revisions?
• Are there any concerns with the revisions to
Policy and Procedures document?
4
A STEP BACK
• Revisit the organizations fundamental purpose
and mission
• Overall purpose and mission establishes the
framework that supports and informs decision
making
• Need for consensus and clarity
3
5
OVERALL VISION OF URA
Systematic approach to achieve the community’s
long-range vision
The City’s long-range vision (City Plan) based on a
triple bottom line perspective
Policies and strategies consider the benefits and
tradeoffs across all three of these topic areas
6
URA MISSION
Broad purpose - Not just an economic
development tool
“The mission of the Urban Renewal Authority is to
remedy blight, using Tax Increment Financing, to
leverage private capital investment, and stimulate
sustainable development and public improvement
projects.”
4
7
URA MISSION
• Mission includes remediation of blight, and
“stimulation of sustainable development and
public improvements”
• The stimulation of sustainable development must
be achieved through a triple bottom line
perspective
• Environmental, economic, and human
considerations consistent with City Plan
8
URA MISSION
• Policies should not be developed and
implemented in isolation from one another or
work at cross-purposes
• Recognize interrelationships among the City Plan
components, and aim to strike a balance
between them
5
9
PURPOSE OF URA ASSISTANCE
Three situations where it is appropriate for the URA to
assist in closing a financial gap
• Create a project that would not otherwise happen
• Accelerate the timing of a project
• Enhance a project to conform, or exceed identified
objectives in City Plan
10
URA WORKPLAN
Policy Discussion Anticipated Review
Role of URA May
Financing Structure May
Sales Tax Increment May
URA Equity Participation May
Formation of new Districts June
New URP Areas June
Citizen Advisory Groups July
6
11
POLICY AMENDMENTS
Relocation Policy Amendments
• Current policy goes beyond State requirements
• Significant financial ramifications
• Required only with the use of eminent domain
• Consider amended policy - narrower in scope
• Acquisition without eminent domain policy
• Affordable Housing Redevelopment Displacement
Mitigation Strategy
12
GREEN BUILDING PRACTICES
• Integrated Design Assistance Program (IDAP)
• Efficiency Assessments
• Construction Waste Management Plan
• 2012 family of international codes
7
13
POLICY AMENDMENTS
• Administrative Procedures Approval
• Presence of Floodplain
• Financial Feasibility of Projects
• Affordable Housing as Public Benefit
• Community Based Input
14
DIRECTION SOUGHT
• Is there support for the URA vision and purpose of
URA assistance?
• Are there concerns with the work plan to address
additional URA Policy revisions?
• Are there any concerns with the revisions to
Policy and Procedures document
CITY COUNCIL AGENDA
Karen Weitkunat, Mayor Council Chambers
Kelly Ohlson, District 5, Mayor Pro Tem City Hall West
Ben Manvel, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Aislinn Kottwitz, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Gerry Horak, District 6 on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
ADJOURNED MEETING
Thursday, February 28, 2013
(after the Urban Renewal Authority Work Session)
1. Call Meeting to Order.
2. Roll Call.
3. Hearing and Resolution 2013-014 Making Legislative Findings Ratifying and Confirming the
Approval of the Midtown Urban Renewal Plan, Including the Use of Tax Increment Financing in a
Portion of the Urban Renewal Area, and Ratifying and Confirming the Authorization to Acquire
Real Property for the Elimination of Blight and Redevelopment in the Urban Renewal Area. (staff:
Bruce Hendee, Josh Birks; 10 minute staff presentation; 1 hour discussion)
This item provides additional opportunity for public comment on the Midtown Urban Renewal Plan
(Plan) adopted by City Council in September 2011, and particularly about the provision in the Plan
that authorizes the use of eminent domain by the Fort Collins Urban Renewal Authority (URA).
The Resolution does not modify the Plan or any related provision, but instead ratifies and confirms
the prior approval of the Plan, as well as the specific provision in the Plan that authorizes the URA
to use eminent domain subject to statutory and Plan requirements. The subject of amending the
Plan to authorize the use of tax increment financing in the Foothills Mall area of the Plan, which
the notices also included as part of the City Council’s hearing on this date, will be presented and
considered separately from the other matters described in the notices.
4. Continuation of Public Hearing on the Subject of Amending the Midtown Urban Renewal Plan to
Authorize the Use of Tax Increment Financing in the Foothills Mall Area of the Plan. (staff: Bruce
Hendee, Josh Birks; 5 minute staff presentation; 10 minute discussion)
Staff has proposed that the Midtown Urban Renewal Plan be amended to authorize the use of tax
increment financing in the Foothills Mall area of the Plan. As required in connection with such an
February 28, 2013
amendment, notice was provided to all property owners, residents, and owners of business
concerns in the Urban Renewal Area, and to Larimer County, and was published in the Fort
Collins Coloradoan. In addition, an economic impact analysis of the proposed action was
provided to Larimer County. All of the matters for consideration identified in the notices, other
than the issue of amending the Plan to authorize the use of tax increment financing in the Foothills
Mall area of the Plan, are being considered on this date, and are the subject of Resolution 2013-
014. Staff is requesting that this portion of the public hearing described in the notices and
consideration of this item be continued to a date certain, March 27, 2013, in order to allow further
time for discussion with Larimer County regarding the potential impacts of the TIF District and the
proposed redevelopment on County revenues.
5. Other Business.
6. Adjournment.
DATE: February 28, 2013
STAFF: Bruce Hendee
Josh Birks
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 3
SUBJECT
Hearing and Resolution 2013-014 Making Legislative Findings Ratifying and Confirming the Approval of the Midtown
Urban Renewal Plan, Including the Use of Tax Increment Financing in a Portion of the Urban Renewal Area, and
Ratifying and Confirming the Authorization to Acquire Real Property for the Elimination of Blight and Redevelopment
in the Urban Renewal Area.
EXECUTIVE SUMMARY
This item provides additional opportunity for public comment on the Midtown Urban Renewal Plan (Plan) adopted by
City Council in September 2011, and particularly about the provision in the Plan that authorizes the use of eminent
domain by the Fort Collins Urban Renewal Authority (URA). The Resolution does not modify the Plan or any related
provision, but instead ratifies and confirms the prior approval of the Plan, as well as the specific provision in the Plan
that authorizes the URA to use eminent domain subject to statutory and Plan requirements. The subject of amending
the Plan to authorize the use of tax increment financing in the Foothills Mall area of the Plan, which the notices also
included as part of the City Council’s hearing on this date, will be presented and considered separately from the other
matters described in the notices.
BACKGROUND / DISCUSSION
In February 2011, City Council adopted Resolution 2011-008, directing staff to prepare an Urban Renewal Plan and
Existing Conditions Survey for the Midtown Area. The Survey was completed later that year and on September 6,
2011, the Survey was accepted and the Midtown Urban Renewal Plan (Plan) was established with Resolutions 2011-
080 and 081.
Colorado Revised Statutes § 31-25-101 et seq. (Urban Renewal Law) requires that City Council provide specified
notices and hold a public hearing in connection with various actions authorized in the statute. Although notice and a
public hearing were previously held in connection with the conditions survey and adoption of the Plan in 2011, in order
to ensure that interested persons have an opportunity to address the provisions of the Plan, and in particular the
general authorization in the Plan that allows Urban Renewal Authority (URA) to use eminent domain to acquire real
or other property interests for a redevelopment project, if statutory requirements and the specific conditions in the Plan
have been met. The Resolution does not modify the Plan or any related provision, but ratifies and confirms Council’s
prior approval of it.
Notice of this public hearing was published in the Fort Collins Coloradoan on January 26, 2013, and notice was sent
by mail to all property owners, residents and owners of business concerns in the Midtown Urban Renewal Plan area
on January 25, 2013. The subject of amending the Plan to authorize the use of tax increment financing in the Foothills
Mall area of the Plan, which the notices also included as part of the City Council’s hearing on this date, will be
presented and considered separately from the other matters described in the notices.
It is important to note that this action does not authorize or commence eminent domain proceedings on any specific
property; rather, Council is ratifying the Midtown Urban Renewal Plan with the inclusion of the authorization for the
URA Board to use eminent domain as a potential redevelopment tool.
FINANCIAL / ECONOMIC IMPACTS
This Resolution has no direct financial/economic impacts.
ENVIRONMENTAL IMPACTS
This Resolution has no environmental impacts.
February 28, 2013 -2- ITEM 3
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
PUBLIC OUTREACH
Three public meetings were held in 2011 regarding the Midtown Existing Conditions Survey and Urban Renewal Plan:
• February 2, 2011 City Council meeting
• April 20, 2011 Public Open House
• September 6, 2011 City Council meeting
ATTACHMENTS
1. PowerPoint presentation
1
City Council Public Hearing
Midtown Urban Renewal Plan
February 28, 2013
ATTACHMENT 1
2
Council Action
• Public hearing and Resolution to:
– Ratify and confirm approval of the Midtown
Existing Conditions Survey (Survey) and Urban
Renewal Plan (Plan)
– Ratify and confirm Prospect South Tax
Increment Financing District
– Ratify and confirm authorization in the Plan to
acquire real property for the elimination of
blight
3
Background
• February 2011 - Resolution directs staff to
prepare the Survey and Plan for Midtown
• 7 blight factors found:
– Deteriorated or deteriorating structures
– Defective/inadequate street layout
– Faulty lot layout
– Unsanitary/unsafe conditions
– Deterioration of site/other improvements
– Unusual topography or inadequate public improvements
– Underutilized buildings/sites
4
Background
September 6, 2011
- Council accepts Survey
- Council approves Plan
5
Midtown Urban Renewal Plan Scope
• Undertakings to eliminate and prevent blight, per
Colorado Urban Renewal Law
– Use tax increment financing (TIF);
• Creation of Prospect South TIF District
– Facilitate public improvements
– Enter into Redevelopment Agreements
– Acquire real property by all legal means
• Including but not limited to eminent domain
• Transfer to private parties through a
competitive process
6
Staff Recommendation
• Adoption of the Resolution
– Conditions in Plan area that contributed to
determination of blight still present today
7
Thank you
RESOLUTION 2013-014
OF THE CITY OF THE CITY OF FORT COLLINS
MAKING LEGISLATIVE FINDINGS RATIFYING AND REAFFIRMING THE
APPROVAL OF THE MIDTOWN URBAN RENEWAL PLAN, INCLUDING THE USE OF
TAX INCREMENT FINANCING IN A PORTION OF THE URBAN RENEWAL AREA,
AND RATIFYING AND REAFFIRMING THE AUTHORIZATION TO ACQUIRE REAL
PROPERTY BY EMINENT DOMAIN FOR SUBSEQUENT TRANSFER TO A PRIVATE
PARTY IN ORDER TO ELIMINATE BLIGHT AND
REDEVELOP THE URBAN RENEWAL AREA
WHEREAS, by Resolution 2011-080, adopted and approved on September 6, 2011, the City
Council found and declared that the area described in such resolution is a blighted area as described
in the Colorado Urban Renewal Law, Sections 31-25-101, et seq., C.R.S. (the “Act”) and appropriate
for an urban renewal project; and
WHEREAS, such findings were based on a document prepared by City staff entitled
“Midtown Commercial Corridor Existing Conditions Survey” dated April 2011 (the “Conditions
Survey”), which has been confirmed by City staff to accurately describe the currently existing
conditions in the Survey area in all material respects and is attached to and incorporated herein as
Exhibit “A;” and
WHEREAS, by Resolution 2011-081, adopted and approved on September 6, 2011, the City
Council made findings and approved the Midtown Urban Renewal Plan (the “Plan”), and found,
determined and declared the area included with the Plan (the “Urban Renewal Area”) to be a blighted
area as defined in the Act, and established a tax increment financing district known as “Prospect
South”, which Plan is attached to and incorporated herein as Exhibit “B;” and
WHEREAS, the Plan and Resolution 2011-081 authorized the Fort Collins Urban Renewal
Authority (the “Authority”) to acquire any interest in property by any means available, including,
without limitation, by exercise of the power of eminent domain under certain terms and conditions
consistent with the Act as stated in Section 5 of Resolution 2011-081 and in Section 4 of the Plan;
and
WHEREAS, the Authority has been carrying out redevelopment activities in the Urban
Renewal Area, which activities have not heretofore included the acquisition of property interests by
means of the power of eminent domain; and
WHEREAS, in order to eradicate or prevent the spread of blight and to facilitate
redevelopment of the Urban Renewal Area, it may become necessary for the Authority to acquire
interests in real property, including fee interests; and
WHEREAS, the City Council has determined that it is in the public interest to ensure that
all property owners, residents, and owners of business concerns in the Urban Renewal Area have
adequate notice of the provisions of the Plan, including those provisions related to the acquisition
of interests in real property by the Authority by means of eminent domain, if necessary, to
accomplish the elimination of conditions of blight and the redevelopment of the Urban Renewal
Area by private enterprise; and
WHEREAS, the Plan is a matter of public record and has been in the custody of the City
Clerk and has been available for public inspection in the Office of the City Clerk during business
hours of the City and on the Authority’s website at http:www.renewfortcollins.com/plan-areas since
its adoption and for more than thirty days; and
WHEREAS, notice was mailed to all property owners, residents, and owners of business
concerns in the Urban Renewal Area on January 25, 2013, that a public hearing would be held by the
City Council on February 28, 2013, for the purpose of (1) ratifying and reaffirming that the area
included in the Midtown Urban Renewal Plan is a blighted area as described in Section 31-25-103,
C.R.S., (2) ratifying and reaffirming the adoption of the Plan, including the adoption of the Prospect
South Tax Increment Financing District, as described in Section 31-25-107, C.R.S., (3) ratifying and
reaffirming that the Fort Collins Urban Renewal Authority is authorized to acquire real property by
all legal means, including eminent domain, and to convey real property so acquired to private parties,
all as described in the Plan, (4) amending the Plan to authorize the use of tax increment financing in
the Foothills Mall area of the Plan; and (5) other undertakings and activities in accordance with the
Colorado Urban Renewal Law, Sections 31-25-101, et seq., C.R.S.; and
WHEREAS, notice was published in the Fort Collins Coloradoan on January 26, 2013, that
a public hearing would be held by the City Council on February 28, 2013, for the purpose of (1)
ratifying and reaffirming that the area included in the Midtown Urban Renewal Plan is a blighted area
as described in Section 31-25-103, C.R.S., (2) ratifying and reaffirming the adoption of the Plan,
including the adoption of the Prospect South Tax Increment Financing District, as described in
Section 31-25-107, C.R.S., (3) ratifying and reaffirming that the Fort Collins Urban Renewal
Authority is authorized to acquire real property by all legal means, including eminent domain, and
to convey real property so acquired to private parties, all as described in the Plan, (4) amending the
Plan to authorize the use of tax increment financing in the Foothills Mall area of the Plan; and (5)
other undertakings and activities in accordance with the Colorado Urban Renewal Law, Sections 31-
25-101, et seq., C.R.S.; and
WHEREAS, the City Council has conducted a public hearing and reviewed the Plan pursuant
to the procedural and notice requirements of the Act, and has given appropriate weight to the evidence
it has received at the public hearing held on this Resolution; and
WHEREAS, the City Council will consider and act on the subject of amending the Plan to
authorize the use of tax increment financing in the Foothills Mall area of the Plan separately from the
other matters described in the notices, above.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. The City Council hereby finds, determines, declares, ratifies and reaffirms the
following with respect to the Plan:
-2-
(a) As found, determined, and declared in Resolution 2011-081, the Urban
Renewal Area described in the Plan is declared to be a blighted area by reason of the
presence of seven factors as defined in the Act, which factors, taken together,
substantially impair the sound growth of the City, constitute an economic and social
liability, and negatively affect the public health, safety, morals and welfare of the City.
This is a legislative finding by the City Council based upon the Conditions Survey and
other evidence presented to City Council.
(b) As found, determined, and declared in Resolution 2011-081, the boundaries
of the Urban Renewal Area have been drawn as narrowly as the City Council
determines feasible to accomplish the planning and development objectives of the
Plan.
(c) As found, determined, and declared in Resolution 2011-081, the Plan has been
submitted to the Board of County Commissioners of Larimer County as required by
Section 31-25-107(3.5) of the Act.
(d) The City Council has taken reasonable efforts to provide written notice of the
public hearing prescribed by Section 31-25-107(3) of the Act to all property owners,
residents, and owners of business concerns in the Urban Renewal Area at their last
known addresses at least thirty days prior to the public hearing.
(e) As found, determined, and declared in Resolution 2011-081, the Plan meets
the requirements of Section 31-25-105.5(2) of the Act, and the Authority is authorized
to acquire any interest in property (including a fee interest, for subsequent transfer to
a private party) by any means available, including, without limitation, by exercise of
the power of eminent domain under the terms and conditions or the Plan and any other
requirements of any applicable law.
(f) 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 Act.
(g) The activities and undertakings that constitute the urban renewal project as
defined in the Act and described in the Plan have been commenced no later than seven
years from the effective date of Resolution 2011-081.
(h) The Plan requires full compliance with all statutory requirements applicable
to the exercise of eminent domain by the Authority, which include, but may not be
limited to, the following:
(1) Prior to the commencement of negotiation of an agreement for
redevelopment or rehabilitation of property acquired or to be acquired by
eminent domain, the Authority shall have provided notice and invited
proposals for redevelopment or rehabilitation from all property owners,
residents, and owners of business concerns located on the property acquired
-3-
or to be acquired by eminent domain in the Area by mailing notice to their last
known address of record.
(2) In the case of a set of parcels to be acquired by the Authority in
connection with the Project, at least one of which is owned by an owner
refusing or rejecting an agreement for the acquisition of the entire set of
parcels, the Authority must make a determination that the redevelopment or
rehabilitation of the remaining parcels is not viable under the Plan without the
parcel at issue.
(3) Acquisition of any property by eminent domain shall be for the
purpose of preventing or eliminating conditions of blight without regard to the
economic performance of the property to be acquired.
(4) The Authority shall have adopted 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, and, 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.
(5) 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.
(6) The Plan meets the requirements of the Act, and the principal public
purpose for adoption of the Plan is to facilitate redevelopment of the Urban
Renewal Area in order to eliminate or prevent the spread of a physically
blighted area as defined in the Act.
(i) To the extent any relocation of individuals or families will be required in
connection the Plan, a feasible method exists for the relocation of those individuals
and families in decent, safe, and sanitary dwelling accommodations within their
means and without undue hardship to such individuals and families.
(j) To the extent any relocation of business concerns will be required with the
Plan, a feasible method exists for the relocation of those business concerns in the
-4-
Urban Renewal Area or in other areas that are not generally less desirable with respect
to public utilities and public and commercial facilities.
(k) The Plan was approved within one hundred twenty days of commencement of
the first public hearing on the Plan.
(l) Section 31-25-107(4)(e) of the Act does not apply because the City Council
did not fail to previously approve the Plan.
(m) In connection with the adoption of the Plan, Larimer County communicated
to the City and the Authority that no additional County infrastructure and services are
required to serve development within the Urban Renewal Area.
(n) The Plan conforms to the general plan of the City as a whole.
(o) The Plan has afforded, and will continue to afford, maximum opportunity,
consistent with the sound needs of the city as a whole, for the rehabilitation or
redevelopment of the urban renewal area described in the Plan by private enterprise.
Section 2. That approval of the Midtown Urban Renewal Plan by the City Council in
Resolution 2011-081 is hereby ratified and reaffirmed, and the Authority is authorized and directed
to continue to carry out the Plan in accordance with the requirements of the Act, including but, not
limited to, the acquisition of real property by all legal means, including, but not limited to, eminent
domain, and to convey real property so acquired to private parties, in accordance with the Act, all as
described in the Plan.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
28th day of February A.D. 2013.
Mayor
ATTEST:
City Clerk
-5-
EXHIBIT A
MIDTOWN EXISTING CONDITIONS SURVEY
1
MIDTOWN EXISTING CONDITIONS SURVEY
2
CONTENTS
I. INTRODUCTION....................................................................................................................... 3
A. PURPOSE ............................................................................................................................. 3
B. COLORADO URBAN RENEWAL LAW.................................................................................... 3
C. SURVEY METHODOLOGY .................................................................................................... 5
II. STUDY AREA ANALYSIS............................................................................................................ 6
A. STUDY AREA ........................................................................................................................ 6
B. FIELD SURVEY APPROACH................................................................................................... 9
C. BLIGHT FACTOR EVALUATION CRITERIA........................................................................... 10
C. BLIGHT FACTOR EVALUATION CRITERIA........................................................................... 11
D. RESULTS OF FIELD SURVEY................................................................................................ 15
III. CONCLUSION..................................................................................................................... 27
LIST OF FIGURES
FIGURE 1: MIDTOWN COMMERCIAL CORRIDOR........................................................................... 7
FIGURE 2: MIDTOWN EXISTING CONDITIONS STUDY AREA .......................................................... 8
FIGURE 3: FIELD SURVEY STUDY SECTIONS.................................................................................. 10
FIGURE 4: LOCATION OF NUISANCE VIOLATIONS 1999-2010 ..................................................... 21
FIGURE 5: CAPITAL IMPROVEMENT PROJECTS............................................................................ 24
FIGURE 6: DRAINAGE PROBLEM AREAS....................................................................................... 26
LIST OF TABLES
TABLE 1: VISUAL CONDITIONS OF BLIGHT OBSERVED................................................................. 15
TABLE 2: NUISANCE CODE VIOLATIONS 1999-2010 .................................................................... 20
TABLE 3: LEVEL OF SERVICE (LOS) BY INTERSECTION 2009-2010................................................ 22
TABLE 4: AVERAGE DAILY TRAFFIC VOLUMES 2009-2010 ........................................................... 23
TABLE 5: AVERAGE ANNUAL NUMBER OF TRAFFIC ACCIDENTS 2007-2009 ............................... 23
TABLE 6: DRAINAGE PROBLEM AREAS......................................................................................... 25
APPENDIX
APPENDIX A: PHOTO DOCUMENTATION, SECTIONS 1-3
APPENDIX B: SOURCES CONSULTED
MIDTOWN EXISTING CONDITIONS SURVEY
3
I. INTRODUCTION
The following report, the Midtown Existing Conditions Survey (Survey), was prepared for the
City of Fort Collins, Colorado in April 2011. The area of Fort Collins known as Midtown
encompasses the South College Avenue commercial corridor extending north to south from
Prospect Road to Fairway Lane, just south of Harmony Road. A once vibrant and active
commercial and retail corridor, Midtown has been in decline as a prominent regional
destination.
In 2009, the City Council initiated the Midtown Redevelopment Study, a report that
documented and analyzed the area’s existing economic conditions and retail redevelopment
opportunities. Several implementation actions were identified to achieve the redevelopment
vision, including direction to study the area further and evaluate the statutory requirements for
findings of blight to establish the basis for the formulation of an Urban Renewal Plan (URP)
area.
In response to the recommended action item, City Council initiated this Survey in February
2011. This report presents the field survey findings, analysis, and conclusions regarding whether
a URP is applicable.
A. PURPOSE
The primary purpose of this Survey is to determine whether the Midtown Study Area (Study
Area) constitutes a “blighted area” within the meaning of Colorado Urban Renewal Law (See
Figure 2 for a map of the Study Area). Secondly, this Survey will influence whether the Study
Area should be recommended for such urban renewal efforts as the URA and City Council may
deem appropriate to remediate existing conditions and prevent further deterioration.
B. COLORADO URBAN RENEWAL LAW
In the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31-25-101 et seq.
(Urban Renewal Law), the legislature has declared that an area of blight “constitutes a serious
and growing menace, injurious to the public health, safety, morals, and welfare of the residents
of the state in general and municipalities thereof; that the existence of such areas contributes
substantially to the spread of disease and crime, constitutes an economic and social liability,
substantially impairs or arrests the sound growth of municipalities, retards the provision of
housing accommodations, aggravates traffic problems and impairs or arrests the elimination of
traffic hazards and the improvement of traffic facilities; and that the prevention and elimination
of slums and blight is a matter of public policy and statewide concern…”.
The determination that constitutes a blighted area depends upon the presence of several
physical, environmental, and social factors. Blight is indeed attributable to a multiplicity of
conditions which, in combination, tend to accelerate the phenomenon of deterioration of an
MIDTOWN EXISTING CONDITIONS SURVEY
4
area. For purposes of the Survey, the definition of a blighted area is premised upon the
definition articulated in the Urban Renewal Law, as follows:
“Blighted area” means an area that, in its present condition and use and,
by reason of the presence of at least four of the following factors,
substantially impairs or arrests the sound growth of the municipality,
retards the provision of housing accommodations, or constitutes an
economic or social liability, and is a menace to the public health, safety,
morals, or welfare:
a. Slum, deteriorated, or deteriorating structures
b. Predominance of defective or inadequate street layout
c. Faulty lot layout in relation to size, adequacy, accessibility, or
usefulness
d Unsanitary or unsafe conditions
e Deterioration of site or other improvements
f. Unusual topography or inadequate public improvements or utilities
g. Defective or unusual conditions of title rendering the title 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, building, or other improvements
l. If there is no objection by the property owner or owners and the tenant or
tenants of such owner or owners, if any, to the inclusion of such property
in an urban renewal area, "blighted area" also means an area that, in its
present condition and use and, by reason of the presence of any one of
the factors specified in paragraphs (a) to (k.5) of this subsection (2),
substantially impairs or arrests the sound growth of the municipality,
retards the provision of housing accommodations, or constitutes an
economic or social liability, and is a menace to the public health, safety,
morals, or welfare. For purposes of this paragraph (l), 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
To be able to use the powers of eminent domain, “blighted” means that five of the eleven
factors must be present (C.R.S. § 31-25-105.5(a)):
MIDTOWN EXISTING CONDITIONS SURVEY
5
“Blighted area” shall have the same meaning as set forth in section 31-
25-103 (2); except that, for the purposes of this section only, “blighted
area” means an area that, in its present condition and use and, by reason
of the presence of at least five of the factors specified in section 31-25-
103 (2)(a) to (2)(l), 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.
Several principles have been developed by Colorado courts to guide the determination of
whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of
widespread violation of building and health codes does not, by itself, preclude a finding of
blight. The definition of “blighted area” contained in the Urban Renewal Law is broad and
encompasses not only those areas containing properties so dilapidated as to justify
condemnation as nuisances, but also envisions the prevention of deterioration. Tracy v. City of
Boulder, 635 P.2d 907, 909 (Colo. Ct. App. 1981).
Second, the presence of one well maintained building does not defeat a determination that an
area constitutes a blighted area. A determination of blight is based upon an area “taken as a
whole,” and not on a building-by-building basis. Interstate Trust Building Co. v. Denver Urban
Renewal Authority, 473 P.2d 978, 981 (Colo. 1970).
Third, a governing body’s “determination as to whether an area is blighted….is a legislative
question and the scope of review by the judiciary is restricted.” Tracy, 635 P.2d at 909. A
court’s role in reviewing such a blight determination is simply to independently verify if the
conclusion is based upon factual evidence determined by the City Council at the time of a public
hearing to be consistent with the statutory definition.
C. SURVEY METHODOLOGY
This Survey was executed internally by URA staff to inventory the existing conditions within the
Study Area using both visual observation of physical conditions in the field, and the collection of
non-observable data from reliable sources. Non-observable data was obtained from numerous
City of Fort Collins departments, including Geographic Information Systems (GIS), Planning,
Neighborhood Services, Transportation, Utilities, and Economic Health. URA staff conducted 12
field investigations during the months of February and March 2011 for the purpose of
photographing visual conditions of blight. There are 11 broad factors of blight defined in the
state statutes with an undefined amount of conditions associated with each factor.
“Conditions” are existing situations or circumstances that are identified in the Study Area that
may qualify as blight. Staff documented a variety of conditions as evidence in this Survey to
support a “finding of blight” according to Urban Renewal Law.
MIDTOWN EXISTING CONDITIONS SURVEY
6
This Survey was divided into several tasks as follows:
Task 1: Research and collect data associated with the Study Area, as well as prepare
base maps of existing conditions for the Study 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
Urban Renewal Law, exist in the Study Area.
Task 4: Document survey findings in a graphic and report form to present to City
Council.
The actual determination of whether the Study Area is blighted remains the responsibility of
the legislative body; in this case, the Fort Collins City Council.
II. STUDY AREA ANALYSIS
A. STUDY AREA
The area analyzed in the Midtown Redevelopment Study encompassed the entire commercial
corridor along South College Avenue from Prospect Road to Fairway Lane, one block south of
Harmony Road (Figure 1). Within this broader area, two subareas had been previously analyzed
for conditions of blight: Foothills Mall and Prospect South. The entire Midtown Commercial
Corridor is comprised of approximately 660 acres and includes 404 parcels of private property.
The Foothills Mall Existing Conditions Survey and Urban Renewal Plan (URP) were adopted by
the City Council in May 2007. Based on the property owner’s economic situation, and the lack
of redevelopment activity, the Foothills Mall URP was dissolved in 2008 to protect the TIF from
accumulating prematurely. The Mall remains a prominent focal point in Fort Collins and prime
opportunity for a regional retail destination, and the Midtown Redevelopment Study provides
concepts for key future redevelopment efforts.
The Prospect South Existing Conditions Survey and Urban Renewal Plan (URP) were conducted
in 2008. Although the Survey concluded that sufficient blight factors were present to warrant a
URP, the Plan was never adopted based on the lack of a catalyst project within the proposed
Plan Area.
Since these two areas have been recently surveyed, they were excluded from the same level of
scrutiny that the remaining area received. Figure 2 identifies the entire Midtown Commercial
Corridor, and highlights the Study Area that is the focus of this effort (shown in red) and the
areas that have been previously studied (shown in blue).
MIDTOWN EXISTING CONDITIONS SURVEY
7
FIGURE 1: MIDTOWN COMMERCIAL CORRIDOR
MIDTOWN EXISTING CONDITIONS SURVEY
8
FIGURE 2: MIDTOWN EXISTING CONDITIONS STUDY AREA
MIDTOWN EXISTING CONDITIONS SURVEY
9
B. FIELD SURVEY APPROACH
Physical surveyance of the Study Area necessitated 12 field investigations over a multi-week
timeframe in February and March 2011. Due to its size, the Study Area was divided into three
sections that are consistent with sections defined in the Midtown Redevelopment Study.
Section 1: The first mile, from Prospect Road to Drake Road, is generally populated with the
oldest developments; many are at or near the end of their initial lifecycle.
Section 2: The middle mile, between Drake and Horsetooth Roads, was largely developed in
the late 1970s and is dominated by Foothills Mall to the east and auto dealerships to the west.
Section 3: The southernmost mile and a half, extending from Horsetooth Road south to
Fairway Lane, is the most recently developed area with the exception of the former Wal-Mart
site.
Figure 3 identifies the three study sections.
The survey team walked the entire study area one section at a time and took photographs and
notes as existing conditions of blight were observed. The location of each observation was
recorded and documented with a photograph (Appendix A).
MIDTOWN EXISTING CONDITIONS SURVEY
10
FIGURE 3: FIELD SURVEY STUDY SECTIONS
MIDTOWN EXISTING CONDITIONS SURVEY
11
C. BLIGHT FACTOR EVALUATION CRITERIA
Listed below are the criteria used in the field survey to evaluate each blight factor.
1. Slum, Deteriorating or Deteriorated Structures
Field survey efforts examining this factor focused on the general condition and level of
deterioration of the existing buildings’ exterior components, such as:
External walls
Visible foundation
Fascia and soffits
Roofs
Gutters and downspouts
Exterior finishes
Windows and doors
Stairways and fire escapes
Loading dock areas
Fences, walls and gates
Ancillary structures
Structural integrity and/or environmental factors were not considered. The intent of this
portion of the field survey was to identify observable physical conditions of neglect, disrepair,
and/or deterioration on the exterior of the structures found within the Study Area.
2. Defective or Inadequate Street Layout
The analysis for this blight factor evaluated the effectiveness or adequacy of the streets that
surround and/or penetrate the Study Area. Evaluation criteria included:
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow of traffic
Poor provisions or unsafe conditions for the flow of pedestrians
Inadequate emergency vehicle access
Insufficient roadway capacity leading to unusual traffic congestion
Poor vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial blocks
Poor parking lot layout
3. Faulty Lot Layout
The following parcel conditions can hinder successful redevelopment and reduce a parcel’s
usefulness and/or desirability:
Faulty lot shape (long, narrow, or irregularly shaped)
MIDTOWN EXISTING CONDITIONS SURVEY
12
Faulty lot layout (impractical configurations resulting in stagnant, misused, or unused
land)
Inadequate lot size
4. Unsanitary or Unsafe Conditions
The presence of the following conditions is indicative of an environment that can be unsanitary
and/or unsafe:
Poorly lit or unlit areas
Floodplain or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of contaminants or hazardous conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/unenclosed trash dumpsters
Open ditches, holes, or trenches
Poor drainage and/or evidence of standing water
Insufficient grading and/or steep slopes
Illegal dumping, excessive litter, trash, debris, or weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants, vandalism, graffiti, or gang activity
5. Deterioration of Site or Other Improvements
This factor focuses on conditions that indicate the lack of general maintenance of a structure,
site, or through the presence of these conditions, create an environment that reduces the
market desirability. The conditions are as follows:
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteriorated on-site parking surfaces, curb and gutters, or sidewalks
Unscreened trash or mechanical equipment
Neglected site and/or site maintenance deficiencies
Lack of landscaping/poorly maintained/overgrown vegetation
6. Unusual Topography or Inadequate Public Improvements or Utilities
This section identifies unique topographic conditions and key deficiencies in the public
infrastructure system serving the Study Area, including:
Unusual topography/floodplain
Deterioration of street pavement
MIDTOWN EXISTING CONDITIONS SURVEY
13
Deterioration of curb, gutter or sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
7. Defective or Unusual Conditions of Title Rendering the Title Non-Marketable
Conditions of title rendering the title non-marketable include the following:
Properties with disputed or defective title
Multiplicity of ownership making assemblages of land difficult or impossible
8. Conditions that Endanger Life or Property by Fire or Other Causes
The presence of any of the following conditions is indicative of potential endangerments to life
or property by fire or other causes, including:
Buildings or sites inaccessible to fire and emergency vehicles
Blocked or poorly maintained fire and emergency access routes or frontages
Insufficient fire and emergency vehicle turning radii
Buildings or properties not in compliance with fire codes, building codes, or
environmental regulations
9. Buildings that are Unsafe or Unhealthy for People to Live or Work
This factor focuses on conditions that render buildings unsafe or unhealthy for people to live or
work in, as follows:
Buildings or properties not in compliance with fire codes, building codes, or
environmental regulations
Buildings with deteriorated elements that create unsafe or unhealthy conditions
Buildings with inadequate or improperly installed electrical, natural gas, or other utility
components
10. Environmental Contamination of Buildings or Property
The following condition is indicative of environmental contamination:
Presence of hazardous substances, liquids, or gasses found at a site
11. Existence of Health, Safety, or Welfare Factors Requiring High Levels of Municipal
Services or Substantial Underutilization or Vacancy of Buildings, Sites, or
Improvements
Health, safety, or welfare factors requiring high levels of municipal services or substantially
underutilitized sites are evidenced by the following conditions:
MIDTOWN EXISTING CONDITIONS SURVEY
14
Sites with a high incidences of fire, police, or emergency responses
Sites adjacent to streets/alleys with a high incidence of traffic accidents
Sites with a high incidence of code enforcement responses
An undeveloped parcel in a generally urbanized area
A parcel with a disproportionably small percentage of its total land area developed
Vacant units in multi-unit structures (more than 20% vacant)
Vacant structures
MIDTOWN EXISTING CONDITIONS SURVEY
15
D. RESULTS OF FIELD SURVEY
The overall findings of the field survey are presented in this section. Table 1 tabulates the
results according to the criteria described in Section C.
TABLE 1: VISUAL CONDITIONS OF BLIGHT OBSERVED
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roofs
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Slum,
Deteriorated or
Deteriorating
Structures
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow of traffic
Poor provisions or unsafe conditions for the flow of pedestrians
Inadequate emergency vehicle access
Insufficient roadway capacity leading to unusual congestion of traffic
Poor vehicle access
Poor internal circulation
Substandard driveway definition/curb cuts
Defective or
Inadequate
Street Layout
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly shaped)
Faulty lot layout (impractical configurations resulting in stagnant,
misused, or unused land)
Faulty Lot
Layout
Inadequate lot size
MIDTOWN EXISTING CONDITIONS SURVEY
16
TABLE 1 (CONTINUED): VISUAL CONDITIONS OF BLIGHT OBSERVED
Poorly lit or unlit areas
Cracked or uneven surfaces for pedestrians
Poor fire protection facilities
Inadequate sanitation or water systems
Open/unenclosed trash dumpsters
Evidence of contaminants or hazardous conditions or materials
High or unusual crime statistics
Floodplains or flood prone areas
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive litter/trash/debris/weeds
Unsafe or exposed electrical wire
Abandoned vehicles
Unsanitary or
Unsafe
Conditions
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deterioration of fences, walls, gates, or poles
Unscreened trash/mechanical
Deteriorated on-site parking surfaces/curb/gutter/sidewalk
Neglected site/maintenance deficiencies
Deterioration
of Site or Other
Improvements
Lack of landscaping/poorly maintained landscaping/overgrown
vegetation
Unusual topography/floodplain
Deteriorated/inadequate street pavement
Deteriorated/inadequate curb and gutter
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Unusual
Topography or
Inadequate
Public
Improvements
Lack of sidewalks
MIDTOWN EXISTING CONDITIONS SURVEY
17
TABLE 1 (CONTINUED): VISUAL CONDITIONS OF BLIGHT OBSERVED
Disputed or defective title
Defective or
Unusual
Conditions of
Title
Multiplicity of ownership making assemblages of land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency access routes
Insufficient fire and emergency vehicle turning radii
Conditions that
Endanger Life
or Property
Non-compliance with fire/building codes
Non-compliance with fire/building codes
Unsafe deterioration of a building
Unsafe or
Unhealthy
Buildings Inadequate/improperly installed utilities
Environmental
Contamination
Presence of hazardous substances, liquids, gasses found at site
Sites with high incidence of fire/police/emergency responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed compared to total
Vacant units in multi-unit structures (more than 20% vacant)
Health, safety,
or welfare
factors
requiring high
levels of
services or
underutilized
buildings/sites Vacant structures
1. Slum, Deterioration or Deteriorated Structures
All of the structures evaluated are commercial businesses or retail locations along the corridor.
The vast majority are not in disrepair, however several structures were observed to be
deteriorating. Most of the buildings along the corridor were constructed in the 1970’s and
many of the facades have not been updated since. This consisted of documenting peeling
exterior finishes, rotting fascias, unkempt roofs, dilapidated loading docks, and multiple broken
fences, for example.
There were no observations of condemned buildings or visible foundation deterioration.
MIDTOWN EXISTING CONDITIONS SURVEY
18
2. Defective or Inadequate Street Layout
The majority of traffic travels north/south along College Avenue with the exception of a few
alternative north/south connections, including frontage roads, McClelland Drive, South Mason
Street, and John F. Kennedy (JFK) Parkway.
In Section One, there is clearly a lack of secondary access other than College Avenue, and the
result is excessive traffic behind the Kmart and Whole Foods shopping centers. This indicates
poor provisions for the flow of traffic as well as poor vehicular access. Additionally, congestion
occurs as a result of the frontage roads in close proximity to College Avenue. Traffic waits at the
signal to turn onto College Avenue and obstructs safe access into the intersection for the
vehicle entering and/or exiting the frontage road.
Along McClelland Drive there are excessive curb cuts and unused driveways especially around
the car dealerships. Otherwise, it functions as a viable north/south alternative to College
Avenue.
South Mason Street south of Horsetooth Road was observed to have insufficient capacity for
the amount of vehicles travelling, especially at the Albertson’s shopping center access points.
This road segment is generally a compliment to College Avenue as a parallel street connection,
however it was noted that the heavy traffic during peak travel times was under-controlled for
vehicular circulation and difficult for pedestrian crossing.
3. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness
Midtown is an urbanized commercial corridor with very few parcels that are unable to develop
as a result of faulty lot layout. By examining the parcel data, it was observed that in the
instances where vacant land exists, it is usually the result of impractical lot size or shape. Also,
there were conditions where lot layouts were inadequate in regard to accessibility and the
presence of buildings spanning lot lines.
4. Unsanitary or Unsafe Conditions
Unsanitary or unsafe conditions involve the environment for the pedestrian, and dozens of
examples were visually documented. The prevalent conditions throughout the Study Area
include cracked and uneven surfaces for pedestrians, exposed electrical wire, graffiti, illegal
dumping, and excessive trash or debris. All waterways and ditches were observed to have
excessive amounts of trash, in conjunction with graffiti under their bridges. In most areas with a
tree-lined pedestrian sidewalk, there was evidence of overgrown tree roots creating lifted or
uneven surfaces.
Homeless persons loitering in alleyways as well as a homeless camp at a ditch embankment
were observed. The graffiti was overwhelmingly located along South Mason Street facing the
railroad, as well as on utility boxes, light poles, under bridges, and loading dock areas. Evidence
of contaminants was found at several restaurant sites where food grease was improperly
contained and spilling onto the pavement.
MIDTOWN EXISTING CONDITIONS SURVEY
19
5. Deterioration of Site or Other Improvements
Due to the age of development along the corridor, the conditions of this factor were
widespread and extensive. Most of the onsite parking surfaces showed different levels of
deterioration ranging from minor to extreme. Sites with more than one visible condition
resulted in the documentation of a maintenance deficiency of that parcel. Trash areas that had
deteriorated and were left unscreened contributed to the overall evidence of neglect.
Visual observations documented a decline of signage and light poles throughout the corridor,
such as peeling paint, rust, makeshift or missing signage, and those that were broken or bent.
6. Unusual Topography or Inadequate Public Improvements or Utilities
Conditions of this factor observed most frequently include the deterioration of street
pavement, curbs, gutters, and sidewalks. On two occasions, overhead utilities were present,
and there were several missing pedestrian sidewalk connections. On College Avenue,
throughout the Study Area, there was noticeable deterioration of the travel lanes, e.g.
potholes, cracked pavement, and ruts. There were dozens of cracked curbs and gutters, with
the most extreme examples of mutilated curbs found on JFK Parkway adjacent to The Square
shopping center.
7. Defective or Unusual Conditions of Title Rendering the Title Non-Marketable
This factor was not visually observable, and based on the presence of other, more significant
physical conditions this factor of blight did not warrant further investigation.
8. Conditions that Endanger Life or Property by Fire or Other Causes
This factor was not visually observable, and based on the presence of other, more significant
physical conditions this factor of blight did not warrant further investigation.
9. Buildings that are Unsafe or Unhealthy for People to Live or Work
This factor was not visually observable, and based on the presence of other, more significant
physical conditions this factor of blight did not warrant further investigation.
10. Environmental Contamination of Buildings or Property
This factor was not visually observable, and based on the presence of other, more significant
physical conditions this factor of blight did not warrant further investigation.
11. Existence of Health, Safety, or Welfare Factors Requiring High Levels of Municipal
Services or Substantial Underutilization or Vacancy of Buildings, Sites, or
Improvements
The Study Area is not considered to generate unusually frequent calls for municipal services;
however, there is evidence of several underutilized parcels and vacancies throughout the
corridor. Eleven undeveloped parcels were documented, in addition to 63 vacancies. While
there were a few large, vacant big-box stores, most vacancies were located within multi-unit
buildings. The Midtown Redevelopment Study documented approximately 650,000 square feet
MIDTOWN EXISTING CONDITIONS SURVEY
20
of vacant retail space along the corridor, mostly due to national retailer bankruptcies and
mergers.
12. Additional Considerations
The team collected and analyzed additional non-visual information about the Midtown
Commercial Corridor that contributed to the documentation of the inventory of blight factors.
Nuisance Violations
The City of Fort Collins Neighborhood Services Department issues notices for violations of the
nuisance code related to the misuse of property. These violations are typically related to
unmaintained weeds, illegal parking, outdoor storage/rubbish, un-shoveled sidewalks, etc.
Table 2 is a tabulation of all nuisance code violations; there have been 535 violations within the
Midtown Commercial Corridor since 1999. Figure 4 is a map showing the addresses associated
with the violations. Note that often one address is associated with multiple violations.
TABLE 2: NUISANCE CODE VIOLATIONS 1999-2010
Nuisance Code
Violation
99 00 01 02 03 04 05 06 07 08 09 10 TOTAL
Combination - 2 9 3 2 - 1 - 2 1 1 1 22
Inoperable Vehicle - - 4 3 1 1 - - 1 1 - - 11
Noxious Weed - - - - - - - - - - - 2 2
Outdoor Material
Storage - - - - - - - 14 7 - - - 21
Parking on Lawns - - - - - - - - 1 - - - 1
Rubbish 3 6 12 19 4 5 - 2 4 3 2 6 66
Sight Obstruction - - - - - - - 1 2 1 - - 4
Smoking in Public
Places - - - - 38 6 - - - - 1 - 45
Unshoveled
Sidewalks - - 19 19 6 14 12 12 4 10 2 1 99
Unscreened Trash - - - - - - - 1 - - - - 1
Weeds 23 43 35 38 18 15 17 14 15 21 9 15 263
TOTAL 26 51 79 82 69 41 30 44 36 37 15 25 535
MIDTOWN EXISTING CONDITIONS SURVEY
21
FIGURE 4: LOCATION OF NUISANCE VIOLATIONS 1999-2010
MIDTOWN EXISTING CONDITIONS SURVEY
22
Transportation
The team reviewed traffic data for the corridor, including average daily traffic counts for the
major intersections, level of service, and the average annual number of traffic accidents from
2007-2009 for the major intersections on South College Avenue.
The major intersections along College Avenue function with a Level of Service (LOS) at C or D
(Table 3). With a LOS of D, “the delay per vehicle is greater than 35 seconds but not greater
than 55 seconds. At LOS D, more vehicles are stopped at the intersection, resulting in a longer
delay. The number of individual cycles failing is now noticeable.” (Traffic and Highway
Engineering, Fourth Edition, Nicholas J. Garber, 2010). While functioning at LOS C or D is fairly
typical for an urban environment, it is important to note that as redevelopment occurs along
the South College Corridor and increases density, the effects on the LOS should be taken into
consideration to mitigate further congestion.
TABLE 3: LEVEL OF SERVICE (LOS) BY INTERSECTION 2009-2010
Intersection LOS (AM/PM)
College/Prospect C/D
College/Stuart A/B
College/Spring Park A/A
College/Rutgers A/A
College/Columbia A/A
College/Drake C/D
College/Harvard A/A
College/Swallow A/B
College/Foothills A/B
College/Monroe A/A
College/Horsetooth D/D
College/Boardwalk A/B
College/Troutman A/C
College/Kensington A/B
College/Harmony* D/D
* College/Harmony reported LOS does factor in recent intersection improvements.
The inability of the major intersections to adequately accommodate such large traffic volumes
increases the likelihood of traffic accidents. Average daily traffic volumes are reported in Table
4, followed by the average number of traffic accidents in Table 5.
MIDTOWN EXISTING CONDITIONS SURVEY
23
TABLE 4: AVERAGE DAILY TRAFFIC VOLUMES 2009-2010
Intersection Average Daily Traffic
Northbound Southbound Eastbound Westbound
College/Prospect 21,900 20,600 15,000 11,600
College/Drake 21,400 23,700 15,400 11,600
College/Horsetooth 20,600 21,700 14,200 12,600
College/Harmony 16,800 18,900 13,300 16,300
TABLE 5: AVERAGE ANNUAL NUMBER OF TRAFFIC ACCIDENTS 2007-2009
Intersection Average Number of Accidents
College/Prospect 29
College/Stuart 3
College/Spring Park 6
College/Rutgers 7
College/Columbia 10
College/Drake 37
College/Harvard 9
College/Swallow 22
College/Foothills 22
College/Monroe 32
College/Horsetooth 37
College/Boardwalk 17
College/Troutman 26
College/Kensington 19
College/Harmony 29
In addition to traffic data, the team also reviewed the recently updated list of transportation
capital improvement projects. Within the corridor, two pedestrian trail crossings are planned
along the railroad, in addition to several pedestrian connection improvements to remediate
discontinuous sidewalks. There are several intersection improvements planned along South
College Avenue at Horsetooth Road, Prospect Road, Boardwalk Drive, Monroe Drive, and
Swallow Road. A grade separated railroad crossing is another major project planned on Drake
Road. Figure 5 shows all the pedestrian, roadway, and railroad improvements planned for the
area.
MIDTOWN EXISTING CONDITIONS SURVEY
24
FIGURE 5: CAPITAL IMPROVEMENT PROJECTS
MIDTOWN EXISTING CONDITIONS SURVEY
25
Stormwater
City Stormwater staff assisted in identifying potential drainage issues within the Midtown
corridor. In general, the storm drainage infrastructure is old and undersized, and incorporating
stormwater detention with redevelopment projects will be essential. Another major issue to
note is the Spring Creek floodway/floodplain which runs east-west just south of the Prospect
Road/College Avenue intersection. Table 6 reports the location of each area and the issues
involved, and Figure 6 is a map identifying the location of each problem area.
TABLE 6: DRAINAGE PROBLEM AREAS
Map
ID
Location Issue
1 Prospect/College Intersection
Major surface drainage problem during significant
rain storms.
2
West side of College between
Drake and Swallow
Surface flooding due to runoff from developed
properties and frontage road entering College
Avenue in conjunction with limited and
undersized storm sewers.
3
Larimer #2 ditch crossing on
College south of Swallow
Ditch crossings are problematic to develop
around and can be a significant cause of flooding
due to water spillage during a large storm event.
4 SE corner of Swallow/College Possible soil contamination.
5 College near Foothills Parkway
Large 60” storm sewer crossing that continues
east under the mall property.
6 Horsetooth/College Intersection Multiple Larimer #2 ditch crossings.
7 NE corner of Harmony/College Possible soil contamination.
8 SW corner of Harmony/College
Large box culvert that conveys Mail Creek flows
underneath previous Walmart site.
MIDTOWN EXISTING CONDITIONS SURVEY
26
FIGURE 6: DRAINAGE PROBLEM AREAS
MIDTOWN EXISTING CONDITIONS SURVEY
27
III. CONCLUSION
Due to the presence of seven of the 11 factors of blight, staff concludes that the Study Area is a
blighted area as defined in Urban Renewal Law. By reason of the presence of numerous factors
identified in Section 103(2) of the Urban Renewal Law and discussed above in Section D, the
Study Area substantially impairs or arrests the sound growth of the City of Fort Collins, retards
the provision of housing accommodations, constitutes an economic and social liability, and is a
menace to the public health, safety, morals, and welfare.
While some properties in the Study 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 Study Area as a whole and is not based on separate individual properties.
Appendix A documents the photographs that were taken during the field survey. The
photographs are divided according to the study section in which they were observed. A table
reports the condition of blight that the photograph represents, and that photograph can be
located on its corresponding study section map. Finally, each photograph can be viewed in
thumbnail form.
These results have been verified by a third party consultant for accuracy and qualified
assessment of the existing conditions.
PHOTO REFERENCE TABLE - SECTION 1
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteriorated on-site parking
surfaces/unpaved/curb & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
Section 1 Photo Reference Map O
!( Photo Rerence Number
Study Section 1
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!( !(
!(
!(
!(
BAY RD
S COLLEGE AVE
FRONTAGE RD
HARVARD ST
YALE AVE
W DRAKE RD
E DRAKE RD
1.JPG 2.JPG 3.JPG 4.JPG 5.JPG
6.JPG 7.JPG 8.JPG 9.JPG 10.JPG
11.JPG 12.JPG 13.jpg 14.JPG 15.jpg
16.JPG 17.JPG 18.JPG 19.JPG 20.JPG
21.JPG 22.JPG 23.JPG 24.JPG 25.JPG
26.JPG 27.JPG 28.JPG 29.JPG 30.JPG
31.JPG 32.jpg 33.JPG 34.JPG 35.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
4
36.JPG 37.JPG 38.JPG 39.JPG 40.JPG
41.JPG 42.JPG 43.JPG 44.JPG 45.JPG
46.JPG 47.JPG 48.JPG 49.JPG 50.JPG
51.JPG 52.JPG 53.JPG 54.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
5
THIS PAGE INTENTIONALLY LEFT BLANK
MIDTOWN EXISTING CONDITIONS SURVEY
6
PHOTO REFERENCE TABLE - SECTION 2
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 2
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 2
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 2
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 2
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 2
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
Section 2 Photo Reference Map O
!(
!(
!(
!(
!(
!( !(
!(
!(
!( !(
!(
!(
!(
!(
!(
!( !(
!(
!(!( !(!(
!(
!(
!(
!( !(
!(
!(
!( !(
!(
!( !(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!( !(
!(
!( !( !( !(
!(
!(
!(
!(
!(
!(
!( !( !(
!(
!(
!(
!(
!( !(
!(
!( !( !(
!( !(
!( !(
!( !(
!( !( !(
!(
!( !(
1.JPG 2.JPG 3.JPG 4.JPG 5.JPG
6.JPG 7.JPG 8.JPG 9.JPG 10.JPG
11.JPG 12.JPG 13.JPG 14.JPG 15.JPG
16.JPG 17.JPG 18.JPG 19.JPG 20.JPG
21.JPG 22.JPG 23.JPG 24.JPG 25.JPG
26.JPG 27.JPG 28.JPG 29.JPG 30.JPG
31.JPG 32.JPG 33.JPG 34.JPG 35.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
14
36.JPG 37.JPG 38.JPG 39.JPG 40.JPG
41.JPG 42.JPG 43.JPG 44.JPG 45.JPG
46.JPG 47.JPG 48.JPG 49.JPG 50.JPG
51.JPG 52.JPG 53.JPG 54.JPG 55.JPG
56.JPG 57.JPG 58.JPG 59.JPG 60.JPG
61.JPG 62.JPG 63.JPG 64.JPG 65.JPG
66.JPG 67.JPG 68.JPG 69.JPG 70.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
15
71.JPG 72.JPG 73.JPG 74.jpg 75.JPG
76.JPG 77.JPG 78.JPG 79.JPG 80.JPG
81.JPG 82.JPG 83.JPG 84.JPG 85.JPG
86.JPG 87.JPG 88.JPG 89.JPG 90.JPG
91.JPG 92.JPG 93.JPG 94.JPG 95.jpg
96.JPG 97.JPG 98.JPG 99.JPG 100.JPG
101.JPG 102.JPG 103.JPG 104.JPG 105.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
16
106.JPG 107.JPG 108.JPG 109.JPG 110.JPG
111.JPG 112.JPG 113.JPG 114.JPG 115.JPG
116.JPG 117.JPG 118.JPG 119.JPG 120.JPG
121.JPG 122.JPG 123.JPG 124.JPG 125.JPG
126.JPG 127.JPG 128.JPG 129.JPG 130.JPG
131.JPG 132.JPG 133.JPG 134.JPG 135.JPG
136.JPG 137.JPG 138.JPG 139.JPG 140.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
17
141.JPG 142.JPG 143.JPG 144.JPG 145.JPG
146.JPG 147.JPG 148.JPG 149.JPG 150.JPG
151.JPG 152.JPG 153.JPG 154.JPG 155.JPG
156.JPG 157.JPG 158.JPG 159.JPG 160.JPG
161.JPG 162.JPG 163.JPG 164.JPG 165.JPG
166.JPG 167.JPG 168.JPG 169.JPG 170.JPG
171.JPG 172.JPG 173.JPG 174.JPG 175.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
18
176.JPG 177.JPG 178.JPG 179.JPG 180.JPG
181.JPG 182.JPG 183.JPG 184.JPG 185.JPG
186.JPG 187.JPG 188.JPG 189.JPG 190.JPG
191.JPG 192.JPG 193.JPG 194.JPG 195.JPG
196.JPG 197.JPG 198.JPG 199.JPG 200.JPG
201.JPG 202.JPG 203.JPG 204.JPG 205.JPG
206.JPG 207.JPG 208.JPG 209.JPG 210.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
19
211.JPG 212.JPG 213.JPG 214.JPG 215.JPG
216.JPG 217.JPG 218.JPG 219.JPG 220.JPG
221.JPG 222.JPG 223.JPG 224.JPG 225.JPG
226.JPG 227.JPG 228.JPG 229.JPG 230.JPG
231.JPG 232.JPG 233.JPG 234.JPG 235.JPG
236.JPG 237.JPG 238.JPG 239.JPG 240.JPG
241.JPG 242.JPG 243.JPG 244.JPG 245.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
20
246.JPG 247.JPG 248.JPG 249.JPG 250.JPG
251.JPG 252.JPG 253.JPG 254.JPG 255.JPG
256.JPG 257.JPG 258.JPG 259.JPG 260.JPG
261.JPG 262.JPG 263.JPG 264.JPG 265.JPG
266.JPG 267.JPG 268.JPG 269.JPG 270.JPG
271.JPG 272.JPG 273.JPG 274.JPG 275.JPG
276.JPG 277.JPG 278.JPG 279.JPG 280.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
21
281.JPG 282.JPG 283.JPG 284.JPG 285.JPG
286.JPG 287.JPG 288.JPG 289.JPG 290.JPG
291.JPG 292.JPG 293.JPG 294.JPG 295.JPG
296.JPG 297.JPG 298.JPG 299.JPG 300.JPG
301.JPG 302.JPG 303.JPG 304.JPG 305.JPG
306.JPG 307.JPG 308.JPG 309.JPG 310.JPG
311.JPG 312.JPG 313.JPG 314.JPG 315.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
22
316.JPG 317.JPG 318.JPG 319.JPG 320.JPG
321.JPG 322.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
23
THIS PAGE INTENTIONALLY LEFT BLANK
MIDTOWN EXISTING CONDITIONS SURVEY
24
PHOTO REFERENCE TABLE - SECTION 3
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 3
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 3
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 3
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 3
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 3
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 3
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
PHOTO REFERENCE TABLE - SECTION 3
Environmental
Contamination
Photo #
Deteriorated external walls
Deteriorated visible foundation
Deteriorated fascia/soffits
Deteriorated roof
Deteriorated gutters/downspouts
Deteriorated exterior finishes
Deteriorated windows and doors
Deteriorated stairways/fire escapes
Deteriorated loading dock areas
Deteriorated fences/walls/gates
Deteriorated ancillary structures
Inadequate street/alley width
Poor provisions or unsafe conditions for the flow
of traffic
Poor provisions or unsafe conditions for the flow
of pedestrians
Inadequate Emergency Vehicle Access
Insufficient roadway capacity leading to unusual
congestion of traffic
Poor Vehicle access
Poor internal circulation
Excessive curb cuts/driveways along commercial
blocks
Poor parking lot layout
Faulty lot shape (long, narrow, or irregularly
shaped)
Faulty lot layout (impractical configurations
resulting in stagnant, misused, or unused land
Inadequate lot size
Poorly lit or unlit areas
Floodplains or flood prone areas
Poor fire protection facilities
Inadequate sanitation or water systems
Evidence of Contaminants or Hazardous
conditions or materials
High or unusual crime statistics
Cracked or uneven surfaces for pedestrians
Open/Unenclosed trash dumpsters
Open ditches/holes/trenches
Poor drainage/evidence of standing water
Insufficient grading/steep slopes
Illegal dumping/excessive
litter/trash/debris/weeds
Abandoned vehicles
Unsafe or exposed electrical wire
Vagrants/vandalism/graffiti/gang activity
Presence of billboards
Deterioration of signage or lighting
Deteriorated fences, walls, or gates
Deteroriated on-site parking
surfaces/unpaved/curg & gutter/sidewalks
Unscreened trash/mechanical
Neglected site/maintenance deficiencies
Lack of landscaping/poorly maintained
landscaping/overgrown vegetation
Unusual topography/floodplain
Section 3 Photo Reference Map O
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!( !(
!(
!(
!( !( !(
!(
!(
!(!(
!(
!(
!(
!(
! !(
(
!(
!(
!( !(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(!
( !(
!(
!(!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
1.JPG 2.JPG 3.JPG 4.JPG 5.JPG
6.JPG 7.JPG 8.JPG 9.JPG 10.JPG
11.JPG 12.JPG 13.JPG 14.JPG 15.JPG
16.JPG 17.JPG 18.JPG 19.JPG 20.JPG
21.JPG 22.JPG 23.JPG 24.JPG 25.JPG
26.JPG 27.JPG 28.JPG 29.JPG 30.JPG
31.JPG 32.JPG 33.JPG 34.JPG 35.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
34
36.JPG 37.JPG 38.JPG 39.JPG 40.JPG
41.JPG 42.JPG 43.JPG 44.JPG 45.JPG
46.JPG 47.JPG 48.JPG 49.JPG 50.JPG
51.JPG 52.JPG 53.JPG 54.JPG 55.JPG
56.JPG 57.JPG 58.JPG 59.JPG 60.JPG
61.JPG 62.JPG 63.JPG 64.JPG 65.JPG
66.JPG 67.JPG 68.JPG 69.JPG 70.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
35
71.JPG 72.JPG 73.JPG 74.JPG 75.JPG
76.JPG 77.JPG 78.JPG 79.JPG 80.JPG
81.JPG 82.JPG 83.JPG 84.JPG 85.JPG
86.JPG 87.JPG 88.JPG 89.JPG 90.JPG
91.JPG 92.JPG 93.JPG 94.JPG 95.JPG
96.JPG 97.JPG 98.JPG 99.JPG 100.JPG
101.JPG 102.JPG 103.JPG 104.JPG 105.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
36
106.JPG 107.JPG 108.JPG 109.JPG 110.JPG
111.JPG 112.JPG 113.JPG 114.JPG 115.JPG
116.JPG 117.JPG 118.JPG 119.JPG 120.JPG
121.JPG 122.JPG 123.JPG 124.JPG 125.JPG
126.JPG 127.JPG 128.JPG 129.JPG 130.JPG
131.JPG 132.JPG 133.JPG 134.JPG 135.JPG
136.JPG 137.JPG 138.JPG 139.JPG 140.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
37
141.JPG 142.JPG 143.JPG 144.JPG 145.JPG
146.JPG 147.JPG 148.JPG 149.JPG 150.JPG
151.JPG 152.JPG 153.JPG 154.JPG 155.JPG
156.JPG 157.JPG 158.JPG 159.JPG 160.JPG
161.JPG 162.JPG 163.JPG 164.JPG 165.JPG
166.JPG 167.JPG 168.JPG 169.JPG 170.JPG
171.JPG 172.JPG 173.JPG 174.JPG 175.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
38
176.JPG 177.JPG 178.JPG 179.JPG 180.JPG
181.JPG 182.JPG 183.JPG 184.JPG 185.JPG
186.JPG 187.JPG 188.JPG 189.JPG 190.JPG
191.JPG 192.JPG 193.JPG 194.JPG 195.JPG
196.JPG 197.JPG 198.JPG 199.JPG 200.JPG
201.JPG 202.JPG 203.JPG 204.JPG 205.JPG
206.JPG 207.JPG 208.JPG 209.JPG 210.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
39
211.JPG 212.JPG 213.JPG 214.JPG 215.JPG
216.JPG 217.JPG 218.JPG 219.JPG 220.JPG
221.JPG 222.JPG 223.JPG 224.JPG 225.JPG
226.JPG 227.JPG 228.JPG 229.JPG 230.JPG
231.JPG 232.JPG 233.JPG 234.JPG 235.JPG
236.JPG 237.JPG 238.JPG 239.JPG 240.JPG
241.JPG 242.JPG 243.JPG 244.JPG 245.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
40
246.JPG 247.JPG 248.JPG 249.JPG 250.JPG
251.JPG 252.JPG 253.JPG 254.JPG 255.JPG
256.JPG 257.JPG 258.JPG 259.JPG 260.JPG
261.JPG 262.JPG 263.JPG 264.JPG 265.JPG
266.JPG 267.JPG 268.JPG 269.JPG 270.JPG
271.JPG 272.JPG 273.JPG 274.JPG 275.JPG
276.JPG 277.JPG 278.JPG 279.JPG 280.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
41
281.JPG 282.JPG 283.JPG 284.JPG 285.JPG
286.JPG 287.JPG 288.JPG 289.JPG 290.JPG
291.JPG 292.JPG 293.JPG 294.JPG 295.JPG
296.JPG 297.JPG 298.JPG 299.JPG 300.JPG
301.JPG 302.JPG 303.JPG 304.JPG 305.JPG
306.JPG 307.JPG 308.JPG 309.JPG 310.JPG
311.JPG 312.JPG 313.JPG 314.JPG 315.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
42
316.JPG 317.JPG 318.JPG 319.JPG 320.JPG
321.JPG 322.JPG 323.JPG 324.JPG 325.JPG
326.JPG 327.JPG 328.JPG 329.JPG 330.JPG
331.JPG 332.JPG 333.JPG 334.JPG 335.JPG
336.JPG 337.JPG 338.JPG 339.JPG 340.JPG
341.JPG 342.JPG 343.JPG 344.JPG 345.JPG
346.JPG 347.JPG 348.JPG 349.JPG 350.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
43
351.JPG 352.JPG 353.JPG 354.JPG 355.JPG
356.JPG 357.JPG 358.JPG 359.JPG 360.JPG
361.JPG 362.JPG 363.JPG 364.JPG 365.JPG
366.JPG 367.JPG 368.JPG 369.JPG 370.JPG
371.JPG 372.JPG 373.JPG 374.JPG 375.JPG
376.JPG 377.JPG 378.JPG 379.JPG 380.JPG
381.JPG 382.JPG 383.JPG 384.JPG 385.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
44
386.JPG
MIDTOWN EXISTING CONDITIONS SURVEY
45
APPENDIX B - SOURCES CONSULTED
1. State of Colorado Statutes Urban Renewal Law § 31-25-101
2. City of Fort Collins Neighborhood Services Department
3. City of Fort Collins Building Department
4. City of Fort Collins Traffic Operations Department
5. City of Fort Collins Geographic Information Systems (GIS) Department
6. Larimer County Assessor’s Office
7. Transportation Master Plan, prepared by Clarion Associates, March 2011
8. Prospect South Existing Conditions Study, prepared by URS, October 2008.
9. Midtown Redevelopment Study, prepared by ELS Architecture and Urban Design,
Economic Planning Systems, and Warren Wilson Advisors, September 2010
10. North College Avenue Existing Conditions Study, prepared by the City of Fort Collins,
December 2004
11. Foothills Mall Existing Conditions Survey, prepared by the City of Fort Collins, May 2007
12. City of Castle Pines North Conditions Survey, prepared by Leland Consulting Group, April
2010
MIDTOWN EXISTING CONDITIONS SURVEY
46
Table of Contents
1.0 Introduction.................................................................................................................................... 1
1.1 Purpose ............................................................................................................................... 1
1.2 Colorado Urban Renewal Law............................................................................................ 1
1.3 Study Methodology............................................................................................................. 3
2.0 Study Area Analysis....................................................................................................................... 3
2.1 Study Area .......................................................................................................................... 3
2.2 Field Survey Approach .......................................................................................................6
2.3 Blight Factors...................................................................................................................... 6
2.4 Results of the Field Survey.................................................................................................8
3.0 Summary of Findings and Conclusions ..................................................................................... 14
3.1 Findings ............................................................................................................................ 14
3.2 Conclusions....................................................................................................................... 14
List of Exhibits
Exhibit 2-1 Study Area Boundary Map ................................................................................................. 4
Exhibit 2-2 Vicinity Map....................................................................................................................... 5
Exhibit 3-1 Photograph Reference Map............................................................................................... 16
Exhibit 3-2 Field Survey Photograph Index Sheet............................................................................... 23
List of Tables
Table 2-1 Field Survey Matrix............................................................................................................ 9
Table 2-2 Prospect South Municipal Code Violations 1999-2008.................................................... 13
Table 3-1 Field Survey Photograph Reference Table ....................................................................... 17
List of Figures
Figure 2-1 Faulty Lot Layout ............................................................................................................. 11
Appendices
Appendix A Sources Consulted................................................................................................................ i
Appendix B Contacts ..............................................................................................................................ii
Appendix C Field Survey Photographs (Bound Separately)
Prospect South Existing Conditions Study
1 October 2008
1.0 Introduction
This report presents the conditions survey analysis, findings and conclusions for the Prospect South
Existing Conditions Study (“Study”), which was undertaken by URS for the Fort Collins Urban Renewal
Authority (URA) and the City of Fort Collins under an Agreement for Professional Services, dated
August 29, 2008. URS conducted the Study in September and October 2008.
1.1 Purpose
The purpose of this study is to determine whether the Prospect South Study Area (“Study Area”)
constitutes a “blighted area” within the meaning of Colorado Urban Renewal Law, and whether the Study
Area should be recommended for such urban renewal efforts as the Fort Collins Urban Renewal Authority
and the City of Fort Collins may deem appropriate to remediate existing conditions and to prevent further
deterioration.
1.2 Colorado Urban Renewal Law
In the Colorado Urban Renewal Law, Colorado Revised Statutes § 31-25-101 et seq. (the “Urban
Renewal Law”), the legislature has declared that an area of blight “constitutes a serious and growing
menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general
and municipalities thereof; that the existence of such areas contributes substantially to the spread of
disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound
growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems
and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that
the prevention and elimination of slums and blight is a matter of public policy and statewide concern….”.
Before remedial action can be taken by a public agency, however, the Urban Renewal Law requires a
finding by the appropriate governing body that an area constitutes a blighted area.
The determination that an area constitutes a blighted area depends upon the presence of several physical,
environmental, and social factors. Indeed, blight is attributable to a multiplicity of conditions, which, in
combination, tend to accelerate the phenomenon of deterioration of an area. For purposes of the study,
the definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as
follows:
“Blighted area” means an area that, in its present condition and use and, by reason of the
presence of at least four of the following factors, substantially impairs or arrests the sound
growth of the municipality, retards the provision of housing accommodations, or constitutes an
economic or social liability, and is a menace to the public health, safety, morals, or welfare:
a. Slum, deteriorated, or deteriorating structures;
b. Predominance of defective or inadequate street layout;
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
d. Unsanitary or unsafe conditions;
e. Deterioration of site or other improvements;
f. Unusual topography or inadequate public improvements or utilities;
Prospect South Existing Conditions Study
2 October 2008
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; or
k.5 The existence of health, safety, or welfare factors requiring high levels of municipal
services or substantial physical underutilization or vacancy of sites, buildings, or other
improvements; or
l. If there is no objection by the property owner or owners and the tenant or tenants of
such owner or owners, if any, to the inclusion of such property in an urban renewal
area, “blighted area” also means an area that, in its present condition and use and, by
reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of
this subsection (2), substantially impairs or arrests the sound growth of the municipality,
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 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.
To be able to use the powers of eminent domain “blighted” means that five of the eleven factors must be
present (Colorado Revised Statutes § 31-25-105.5(2)(a)(I)):
(a) "Blighted area" shall have the same meaning as set forth in section 31-25-103 (2); except that,
for purposes of this section only, "blighted area" means an area that, in its present condition and
use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)
(a) to (2) (l), 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.
Several principles have been developed by Colorado courts to guide the determination of whether an area
constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of
building and health codes does not, by itself, preclude a finding of blight. The definition of “blighted area
contained in the Urban Renewal Law is broad and encompasses not only those areas containing properties
so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration.”
Tracy v. City of Boulder, 635 P.2d 907, 909 (Colo. Ct. App. 1981).
Second, the presence of one well maintained building does not defeat a determination that an area
constitutes a blighted area. A determination of blight is based upon an area “taken as a whole,” and not
on a building-by-building basis. Interstate Trust Building Co. v. Denver Urban Renewal Authority, 473
P.2d 978, 981 (Colo. 1970).
Prospect South Existing Conditions Study
3 October 2008
Third, a governing body’s “determination as to whether an area is blighted…is a legislative question and
the scope of review by the judiciary is restricted.” Tracy, 635 P.2d at 909. A court’s role in reviewing
such a blight determination is simply to independently verify if the conclusion is based upon factual
evidence determined by the City Council at the time of a public hearing to be consistent with the statutory
definition.
1.3 Study Methodology
URS was retained by the Fort Collins Urban Renewal Authority to perform an independent survey of the
Study Area and to determine if it qualifies as a blighted area under the Urban Renewal Law. Based upon
the conditions observed in the field, this Study will provide an opinion as to whether the Study Area is
blighted within the meaning of the Urban Renewal Law. The actual determination itself remains the
responsibility of the legislative body, in this case, the Fort Collins City Council.
An important objective of this study is to obtain and evaluate data on a wide range of physical and non-
physical conditions that are present in the Study Area. Data about the Study Area were collected,
analyzed, and ultimately portrayed through three tasks:
• Task 1: Project Initiation, Data Collection and Mapping
• Task 2: Field Survey, Research and Verification
• Task 3: Documentation and Presentation of Findings
Tasks 1 and 2 are described in Section 2, Study Area Analysis. Task 3 is described in Section 3,
Summary of Findings and Conclusions.
2.0 Study Area Analysis
2.1 Study Area
The Study Area is comprised of approximately 69 acres and includes 93 parcels of private property, in
addition to public right-of-way (ROW) and railroad ROW parcels. Exhibit 2-1 delineates the Study Area
boundary, and correlates with respective City of Fort Collins and Larimer County Assessor’s parcel data.
Exhibit 2-2 shows the Study Area and surrounding vicinity, entirely within the City of Fort Collins
boundaries.
Prospect South Existing Conditions Study
4 October 2008
Exhibit 2-1: Study Area Boundaries
Prospect South Existing Conditions Study
5 October 2008
Exhibit 2-2: Vicinity Map
Prospect South Existing Conditions Study
6 October 2008
2.2 Field Survey Approach
A physical survey was conducted during a site visit on September 9, 2008. The survey team walked the
entire site and took photographs and notes as existing conditions of blight were observed. After review
of the survey results and survey boundary, the Fort Collins Urban Renewal Authority made decisions to
extend the survey area north and to the east. Additional surveys were conducted on October 13, 2008 and
October 28, 2008. The revised survey area is the subject of this report. The surveys resulted in field
observations of six of the blight factors described in Section 1. Each observation was tallied on a survey
matrix and documented with a photograph. The field survey information is provided in a number of
formats in Section 2:
• Locations of the observations and photographs are documented on an aerial photo, as shown
on Exhibit 3-1.
• An index of photographs is provided as Exhibit 3-2, and each individual photograph is
printed in larger format in the appendix.
• The survey observations are described on a photo-reference matrix included as Table 3-1.
2.3 Blight Factor Evaluation Criteria
The field survey team reviewed the eleven blight factors found in the Colorado Revised Statute definition
of blight as described in Section 1. The team observed the following six factors in the Study Area (the
examination of structural elements was limited to a visual inspection of conditions and not a detailed
engineering or architectural analysis):
• Slum, deteriorated or deteriorating structures
• 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
Listed below are the criteria that URS used in the field survey to evaluate the blight factors.
2.3.1 Slum, Deteriorating or Deteriorated Structures
Field survey efforts examining this factor focused on the general condition and level of deterioration of
the existing buildings’ exterior components, such as:
• Exterior walls
• Visible foundation
• Exterior finishes
• Fascia and soffits
• Gutters and downspouts
• Windows and doors
• Exterior stairways and fire escapes
• Loading dock areas
Prospect South Existing Conditions Study
7 October 2008
• Fences, walls, and gates
• Ancillary structures
Structural integrity and/or environmental factors were not considered. The intent of this portion of the
field survey was to identify observable physical conditions of neglect, disrepair, and/or deterioration in
the exterior of the structures found within the Study Area.
2.3.2 Defective or Inadequate Street Layout
The analysis conducted for this blight factor evaluated the effectiveness or adequacy of the streets that
surround and/or penetrate the Study Area. Evaluation criteria for this factor include:
• Poor vehicular access
• Poor internal circulation
• Substandard driveway or curb cut definition
• Poor parking lot layout
The transportation related deficiencies were evaluated during the field survey.
2.3.3 Faulty Lot Layout
The following parcel conditions can hinder successful redevelopment and reduce a parcels usefulness
and/or desirability:
• Faulty lot shape
• Faulty lot layout
• Inadequate lot size
Instances of these conditions were discovered through analysis of parcel data and aerial photography.
2.3.4 Unsanitary or Unsafe Conditions
The presence of the following conditions are indicative of an environment that can be unsanitary and/or
unsafe:
• Poorly lit or unlit areas
• Cracked or uneven surfaces for pedestrians
• Poor drainage
• Insufficient grading or steep slopes
• Presence of trash, debris, or weeds
• Presence of abandoned vehicles
• Presence of vagrants, vandalism, or graffiti
Instances of these conditions were evaluated through field observations.
2.3.5 Deterioration of Site or Other Improvements
This factor focuses on conditions that indicate the lack of general maintenance of a structure, site, or
through the presence of these conditions, create an environment that reduces the market desirability. The
conditions are as follows:
• Presence of billboards
Prospect South Existing Conditions Study
8 October 2008
• Deterioration of signage
• Neglected properties
• Unscreened trash or mechanical equipment
• Parking surface deterioration
• Site maintenance problems
• Lack of landscaping
This factor was evaluated through field observations.
2.3.6 Unusual Topography or Inadequate Public Improvements or Utilities
This section identifies unique topographic conditions and key deficiencies in the public infrastructure
system serving the Study Area, including:
• Unusual topography/floodplain
• Deterioration of street pavement
• Deterioration of curb and gutter
• Insufficient street lighting
• Presence of overhead utilities
• Lack of sidewalks
These conditions were observed during the field survey and noted during the review of floodplain maps.
2.4 Results of the Field Survey
The overall findings of the field survey are presented in this section. Table 2-1 on the following page
tabulates the results according to the criteria described in Section 2.3. Observations of physical
conditions found in the Study Area contributed to our recommendation to the City of Fort Collins that
conditions exist to make a finding of blight.
Prospect South Existing Conditions Study
9 October 2008
Table 2-1: Field Survey Matrix
● Physical Condition Observed
Deteriorated External Walls ●
Deteriorated Visible Foundation ●
Deteriorated Fascia/Soffits ●
Deteriorated Gutters/Downspouts ●
Deteriorated Exterior Finishes ●
Deteriorated Windows and Doors ●
Deteriorated Stairways/Fire Escapes ●
Deteriorated Loading Dock Areas ●
Deteriorated Fences/Walls/Gates ●
Deteriorated Ancillary Structures ●
Poor Vehicle Access ●
Poor Internal Circulation ●
Substandard Driveway Definition/Curbcuts ●
Poor Parking Lot Layout ●
Faulty Lot Shape
Faulty Lot Layout ●
Inadequate Lot Size
Poorly Lit or Unlit Areas ●
Cracked or Uneven Surfaces for Pedestrians ●
Poor Drainage ●
Insufficient Grading/Steep Slopes ●
Trash/Debris/Weeds ●
Abandoned Vehicles ●
Vagrants/Vandalism/Graffiti ●
Presence of Billboards ●
Deterioration of Signage ●
Neglected Properties ●
Unscreened Trash/Mechanical ●
Parking Surface Deterioration ●
Site Maintenance Problems ●
Lack of Landscaping ●
Unusual Topography/Floodplain ●
Deterioration of Street Pavement ●
Deterioration of Curb and Gutter ●
Insufficient Street Lighting
Presence of Overhead Utilities ●
Lack of Sidewalks ●
TOTAL 34
SLUM,
DETERIORATED OR
DETERIORATING
STRUCTURES
DEFECTIVE OR
INADEQUATE
STREET LAYOUT
UNUSUAL
TOPOGRAPHY OR
INADEQUATE
PUBLIC
IMPROVEMENTS
UNSANITARY OR
UNSAFE
CONDITIONS
DETERIORATION
OF SITE OR OTHER
IMPROVEMENTS
Prospect South Existing Conditions Study
10 October 2008
2.4.1 Slum, Deteriorating or Deteriorated Structures
Buildings within the Study Area show signs of deterioration and poor maintenance and/or damage. These
deteriorated building components include broken windows, worn and cracked fascia treatments,
crumbling external stairwells, and deterioration of ancillary structures.
2.4.2 Defective or Inadequate Street Layout
Examples of defective street layout were observed throughout the Study Area, specifically along S.
College Avenue where frequent curb cuts for vehicular access pose a particular threat to pedestrian safety,
and present a unique set of automobile maneuvering challenges. There are instances where three or four
access points connect to S. College Avenue within a 200-foot span. Additionally, throughout the Study
Area, parking lot layouts exist where vehicles are backing out directly into traffic or into pedestrian
walkways.
2.4.3 Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness
The Study Area contains individual lots that either have poor vehicular access or contain buildings that
span property lines. There are eight parcels in which buildings cross the property boundary. Nine parcels
do not have direct access to a public right-of-way, of which seven are further constrained by the
Burlington Northern Santa Fe (BNSF) Railroad to the west. Strict Federal regulatory requirements
related to the BNSF railway embankment lead to technical difficulties and extraordinary costs for
modifying the floodplain to allow for redevelopment of the west portion of the Study Area. Two
triangular lots are inaccessible at the intersection of South College Avenue and Spring Park Drive. Figure
2-1 on the following page highlights the faulty lots as described in this section.
2.4.4 Unsanitary or Unsafe Conditions
Evidence of unsanitary and unsafe conditions was found throughout the Study Area. Observations of
graffiti, trash and debris, and poor drainage circumstances are often indicative of unsafe and unsanitary
conditions for pedestrians and vehicular traffic. Uneven and cracked surfaces for pedestrians pose a
significant risk for injury, especially at night.
2.4.5 Deterioration of Site or Other Improvements
Many instances of deterioration of site and other improvements were observed. Trash dumpsters and
mechanical equipment are unscreened throughout the Study Area. A number of properties show signs of
general neglect and poor maintenance, and landscaping is sparse throughout. There are further site
maintenance problems as described in the Field Survey Photo-Reference Table, provided as Table 3-1.
2.4.6 Unusual Topography or Inadequate Public Improvements or Utilities
The presence of fixed water courses (Spring Creek and Sherwood Lateral) impedes efficient planning of
the southern portion of the Study Area. A large portion of the Study Area is within the 100-year
floodplain and floodway. The Study Area also includes a steep slope running east-west through the
southern portion of the site. At the crest of the slope there is a ditch that traverses the Study Area. These
factors make redevelopment of the site more difficult and costly. Additionally, deteriorated street
pavement and curb and gutter were observed throughout the Study Area. These conditions create a
Prospect South Existing Conditions Study
11 October 2008
hazard for vehicular travel, and pedestrians who use the sidewalks, particularly for people pushing
strollers and for the disabled. Sidewalks are impassable or nonexistent in certain areas, thus
compromising the overall pedestrian network. The presence of overhead utilities within the Study Area
creates a cluttered, unappealing environment as well as a potential hazard during a significant storm
event.
Figure 2-1: The highlighted lots exhibit inadequate layout in regard to accessibility and the presence of
buildings spanning lot lines.
Prospect South Existing Conditions Study
12 October 2008
2.4.7 Additional Considerations
The team collected and analyzed information related to the Study Area, in a number of categories,
including streetscape, traffic, crime reporting, etc. Following is a brief analysis of these conditions, which
represent potential barriers or factors which need to be addressed by redevelopment.
Streetscape
Streetscape infrastructure includes sidewalks, streetlights and landscaping. It was the field survey team’s
observation that the Study Area is not well served with pedestrian infrastructure, with the exception of the
Spring Creek Trail. On-street sidewalks are attached to the street, with little or no landscaping, are very
narrow (especially considering they are adjacent a busy State Highway), and are not consistently present.
Internal parking lot landscaping is not consistently provided and maintained.
Traffic
The team reviewed February, 2007 traffic counts on S. College Avenue between W. Prospect Road and
Rutgers Avenue. There were approximately 2,600 vehicle trips on S. College Ave., during the morning
and evening commutes. There were 655 vehicle trips per day that enter S. College Avenue from Stuart
Street. According to the Fort Collins Transportation Master Plan 2004, S. College Avenue functions at a
Level of Service (LOS) F (high level of congestion) as it approaches E. Prospect Road. North of E.
Prospect Road and south of Parker Street, S. College Avenue functions at LOS D or E (growing amount
of congestion). According to the Mason Corridor Mason Express Bus Rapid Transit Environmental
Assessment, May 2008 the intersection of Prospect Road and College Avenue operated at a LOS D during
the PM Peak in 2005, and is projected to perform at LOS E or F by 2035.
Stormwater
There is a lack of sufficient stormwater management facilities (in the form of curb and gutter,
underground channels and culverts), and those that exist are either undersized or in need of replacement.
The existing facilities were constructed to a more rural standard (i.e. rely on surface rather than
underground storm drains). The stormwater runoff has deteriorated the paved areas, which creates
hazards for pedestrian and vehicle traffic. According to City staff, during the winter months these areas
freeze creating additional hazards. Currently, there is one stormwater pipe within the Study Area that
carries the “low flow” of Spring Creek and the City does not have any stormwater facility improvement
projects planned for the Study Area.
Prospect South Existing Conditions Study
13 October 2008
Municipal Code Violations
The City of Fort Collins Neighborhood Services Department issues citations for violations of the
municipal code related to the misuse of property. These citations are typically related to illegal parking,
outdoor storage/rubbish, un-shoveled sidewalks, smoking, etc. Since 1999, there have been 69 code
violations recorded on parcels within the area west of College Avenue from Prospect Road south to
Rutgers Avenue, and east of College Avenue from Prospect Road south to Parker Street. Table 2-2 below
is a tabulation of those citations:
Table 2-2: Prospect South Municipal Code Violations 1999-2008
Code Violation 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 TOTAL
Weeds 11 9 8 5 4 1 1 3 7 6 55
Rubbish - 2 1 2 - - - - - - 5
Combination
Weeds/Rubbish - 2 2 - - - - - - 1 5
Inoperable Vehicle - - 2 2 - - - - - - 4
TOTAL 11 13 13 9 4 1 1 3 7 7 69
Prospect South Existing Conditions Study
14 October 2008
3.0 Summary of Findings and Conclusions
3.1 Findings
Within the Study Area, there were 34 different physical conditions observed within the six factors
described in Section 2, in addition to the other conditions discussed in Section 2.4.2. The following
conditions are indicative of blight within the Study Area. Specific examples of these conditions can be
found in Exhibit 3-2: Field Survey Photograph Index Sheet.
• Deteriorated external walls
• Deteriorated visible foundation
• Deteriorated fascia/soffits
• Deteriorated windows and doors
• Deteriorated gutters/downspouts
• Deteriorated exterior finishes
• Deteriorated stairways/fire escapes
• Deteriorated loading dock areas
• Deteriorated fences/walls/gates
• Deteriorated ancillary structures
• Poorly lit or unlit areas
• Cracked or uneven surfaces for pedestrians
• Poor drainage
• Insufficient grading/steep slopes
• Trash/debris/weeds
• Abandoned vehicles
• Vagrants/vandalism/graffiti
• Presence of billboards
• Deterioration of signage
• Neglected properties
• Unscreened trash/mechanical
• Parking surface deterioration
• Site maintenance problems
• Lack of landscaping
• Deterioration of street pavement
• Deterioration of curb and gutter
• Presence of overhead utilities
• Lack of sidewalks
• Substandard driveway definition/curb cuts
• Poor internal circulation
• Poor parking lot layout
• Faulty lot layout
• Floodplain
• Poor vehicle access
3.2 Conclusions
It is the conclusion of the Prospect South Existing Conditions Study that the Study Area, in its present
condition and use, is a blighted area as defined by Colorado Urban Renewal Law, Colorado Revised
Statutes § 31-25-101 et seq. (the “Urban Renewal Law”). By reason of the presence of factors identified
in the Urban Renewal Law and as documented in this report, URS is of the opinion that the Study 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 there are properties within the Study Area that may be found in good
condition, deteriorated and substandard conditions are prevalent throughout the Study Area. Further,
temporary measures would be unlikely to effect a long-term remediation of these conditions.
Per Urban Renewal Law, conditions in the Study Area must constitute at least four of the factors
indicative of a blighted area. As described in this report, the following six factors were observed in the
Study Area:
Prospect South Existing Conditions Study
15 October 2008
• Slum, deteriorating, or deteriorated structures
• Faulty lot layout
• Defective or inadequate street layout
• Unsanitary or unsafe conditions
• Deterioration of site or other improvements
• Unusual topography or inadequate public improvements or utilities
Based on the results of this Study and URS’ past experience conducting similar studies, the Study Area is
a clear-cut example of a blighted area, as defined by Urban Renewal Law. Furthermore, there are other
conditions within and surrounding the Study Area, which present potential barriers or factors which need
to be addressed by redevelopment:
• Lack of streetscape infrastructure
• Poor traffic conditions along S. College Avenue (LOS D and below)
• Inadequate stormwater drainage facilities
• Multiple municipal code violations
The following pages document the photographic evidence of conditions observed during the field survey.
Exhibit 3-1 shows the location each photograph was taken, Table 3-1 identifies which criteria were
observed for each photograph, and Exhibit 3-2 is an index of all photographs taken during the field
survey. The same photographs are included in a larger format as Appendix C (bound separately).
Prospect South Existing Conditions Study
16 October 2008
Prospect South Existing Conditions Study
17 October 2008
Table 3-1: Field Survey Photograph Reference Table
Photograph Number
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Deteriorated External Walls ●
Deteriorated Visible Foundation
Deteriorated Fascia/Soffits ●
Deteriorated Gutters/Downspouts
Deteriorated Exterior Finishes ● ●
Deteriorated Windows and Doors ●●
Deteriorated Stairways/Fire Escapes ●
Deteriorated Loading Dock Areas
Deteriorated Fences/Walls/Gates ●
Deteriorated Ancillary Structures ●
Poor Vehicle Access ●
Poor Internal Circulation
Substandard Driveway Definition/Curbcuts
Poor Parking Lot Layout ●
Poorly Lit or Unlit Areas
Cracked or Uneven Surfaces for Pedestrians ●
Poor Drainage ● ●●●
Insufficient Grading/Steep Slopes
Trash/Debris/Weeds ●
Abandoned Vehicles
Vagrants/Vandalism/Graffiti ●●
Presence of Billboards ●
Deterioration of Signage ●
Neglected Properties
Unscreened Trash/Mechanical ●● ● ●
Parking Surface Deterioration ●● ●
Site Maintenance Problems ●
Lack of Landscaping ●
Unusual Topography/Floodplain
Deterioration of Street Pavement
Deterioration of Curb and Gutter
Insufficient Street Lighting
Presence of Overhead Utilities
Lack of Sidewalks ●
UNUSUAL
TOPOGRAPHY OR
INADEQUATE
PUBLIC
IMPROVEMENTS
UNSANITARY OR
UNSAFE
CONDITIONS
DETERIORATION
OF SITE OR OTHER
IMPROVEMENTS
CITY OF FORT COLLINS
FORT COLLINS URBAN RENEWAL AUTHORITY
PROSPECT SOUTH EXISTING CONDITIONS STUDY
SLUM,
DETERIORATED OR
DETERIORATING
STRUCTURES
DEFECTIVE OR
INADEQUATE
STREET LAYOUT
Prospect South Existing Conditions Study
18 October 2008
Table 3-1: Field Survey Photograph Reference Table (continued)
Photograph Number
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
Deteriorated External Walls
Deteriorated Visible Foundation
Deteriorated Fascia/Soffits
Deteriorated Gutters/Downspouts ●
Deteriorated Exterior Finishes
Deteriorated Windows and Doors ●●
Deteriorated Stairways/Fire Escapes ●
Deteriorated Loading Dock Areas ●
Deteriorated Fences/Walls/Gates ●
Deteriorated Ancillary Structures ●●
Poor Vehicle Access ●
Poor Internal Circulation ●
Substandard Driveway Definition/Curbcuts ●
Poor Parking Lot Layout ●●
Poorly Lit or Unlit Areas
Cracked or Uneven Surfaces for Pedestrians ●
Poor Drainage
Insufficient Grading/Steep Slopes
Trash/Debris/Weeds ●● ●
Abandoned Vehicles
Vagrants/Vandalism/Graffiti ●
Presence of Billboards
Deterioration of Signage ●●
Neglected Properties ●
Unscreened Trash/Mechanical
Parking Surface Deterioration ●
Site Maintenance Problems
Lack of Landscaping ●
Unusual Topography/Floodplain ●
Deterioration of Street Pavement ●
Deterioration of Curb and Gutter ●●
Insufficient Street Lighting
Presence of Overhead Utilities ●
Lack of Sidewalks
UNUSUAL
TOPOGRAPHY OR
INADEQUATE
PUBLIC
IMPROVEMENTS
UNSANITARY OR
UNSAFE
CONDITIONS
DETERIORATION
OF SITE OR OTHER
IMPROVEMENTS
CITY OF FORT COLLINS
FORT COLLINS URBAN RENEWAL AUTHORITY
PROSPECT SOUTH EXISTING CONDITIONS STUDY
SLUM,
DETERIORATED OR
DETERIORATING
STRUCTURES
DEFECTIVE OR
INADEQUATE
STREET LAYOUT
Prospect South Existing Conditions Study
19 October 2008
Table 3-1: Field Survey Photograph Reference Table (continued)
● Physical Condition Observed
Photograph Number
51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75
Deteriorated External Walls
Deteriorated Visible Foundation
Deteriorated Fascia/Soffits ●●
Deteriorated Gutters/Downspouts ●
Deteriorated Exterior Finishes ●● ●
Deteriorated Windows and Doors ●
Deteriorated Stairways/Fire Escapes
Deteriorated Loading Dock Areas
Deteriorated Fences/Walls/Gates
Deteriorated Ancillary Structures
Poor Vehicle Access
Poor Internal Circulation
Substandard Driveway Definition/Curbcuts ●●
Poor Parking Lot Layout ●●
Poorly Lit or Unlit Areas
Cracked or Uneven Surfaces for Pedestrians ●
Poor Drainage ●
Insufficient Grading/Steep Slopes ●●
Trash/Debris/Weeds ● ●●● ● ●
Abandoned Vehicles
Vagrants/Vandalism/Graffiti ●●● ●
Presence of Billboards
Deterioration of Signage ●● ●
Neglected Properties ●●
Unscreened Trash/Mechanical ●●
Parking Surface Deterioration ●●
Site Maintenance Problems ●
Lack of Landscaping
Unusual Topography/Floodplain ●●
Deterioration of Street Pavement
Deterioration of Curb and Gutter ●
Insufficient Street Lighting
Presence of Overhead Utilities
Lack of Sidewalks ●
UNUSUAL
TOPOGRAPHY OR
INADEQUATE
PUBLIC
IMPROVEMENTS
UNSANITARY OR
UNSAFE
CONDITIONS
DETERIORATION
OF SITE OR OTHER
IMPROVEMENTS
CITY OF FORT COLLINS
FORT COLLINS URBAN RENEWAL AUTHORITY
PROSPECT SOUTH EXISTING CONDITIONS STUDY
SLUM,
DETERIORATED OR
DETERIORATING
STRUCTURES
DEFECTIVE OR
INADEQUATE
Prospect South Existing Conditions Study
20 October 2008
Photograph Number
76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100
Deteriorated External Walls ●●
Deteriorated Visible Foundation ●
Deteriorated Fascia/Soffits
Deteriorated Gutters/Downspouts
Deteriorated Exterior Finishes ●● ●
Deteriorated Windows and Doors ●● ●
Deteriorated Stairways/Fire Escapes
Deteriorated Loading Dock Areas
Deteriorated Fences/Walls/Gates ●● ●
Deteriorated Ancillary Structures ●
Poor Vehicle Access
Poor Internal Circulation
Substandard Driveway Definition/Curbcuts ●
Poor Parking Lot Layout ●
Poorly Lit or Unlit Areas
Cracked or Uneven Surfaces for Pedestrians
Poor Drainage ●
Insufficient Grading/Steep Slopes ●●
Trash/Debris/Weeds ●● ●
Abandoned Vehicles ●
Vagrants/Vandalism/Graffiti ●● ●
Presence of Billboards
Deterioration of Signage ●
Neglected Properties
Unscreened Trash/Mechanical ●
Parking Surface Deterioration ●
Site Maintenance Problems
Lack of Landscaping
Unusual Topography/Floodplain
Deterioration of Street Pavement
Deterioration of Curb and Gutter ●
Insufficient Street Lighting
Presence of Overhead Utilities ●●● ●
Lack of Sidewalks ●
UNUSUAL
TOPOGRAPHY OR
INADEQUATE
PUBLIC
IMPROVEMENTS
UNSANITARY OR
UNSAFE
CONDITIONS
DETERIORATION OF
SITE OR OTHER
IMPROVEMENTS
CITY OF FORT COLLINS
FORT COLLINS URBAN RENEWAL AUTHORITY
PROSPECT SOUTH EXISTING CONDITIONS STUDY
SLUM,
DETERIORATED OR
DETERIORATING
STRUCTURES
DEFECTIVE OR
INADEQUATE STREET
LAYOUT
Table 3-1: Field Survey Photograph Reference Table (continued)
Prospect South Existing Conditions Study
21 October 2008
Table 3-1: Field Survey Photograph Reference Table (continued)
● Physical Condition Observed
Photograph Number
101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125
Deteriorated External Walls
Deteriorated Visible Foundation
Deteriorated Fascia/Soffits ●
Deteriorated Gutters/Downspouts
Deteriorated Exterior Finishes
Deteriorated Windows and Doors
Deteriorated Stairways/Fire Escapes
Deteriorated Loading Dock Areas
Deteriorated Fences/Walls/Gates ●●
Deteriorated Ancillary Structures
Poor Vehicle Access
Poor Internal Circulation
Substandard Driveway Definition/Curbcuts ●
Poor Parking Lot Layout ●●
Poorly Lit or Unlit Areas ●
Cracked or Uneven Surfaces for Pedestrians ●● ●
Poor Drainage ●
Insufficient Grading/Steep Slopes ●●
Trash/Debris/Weeds ●● ● ●
Abandoned Vehicles
Vagrants/Vandalism/Graffiti ●● ● ●
Presence of Billboards
Deterioration of Signage ●●
Neglected Properties
Unscreened Trash/Mechanical ●●
Parking Surface Deterioration ●●
Site Maintenance Problems
Lack of Landscaping
Unusual Topography/Floodplain
Deterioration of Street Pavement
Deterioration of Curb and Gutter
Insufficient Street Lighting
Presence of Overhead Utilities ●
Lack of Sidewalks ●● ●●
UNUSUAL
TOPOGRAPHY OR
INADEQUATE
PUBLIC
IMPROVEMENTS
UNSANITARY OR
UNSAFE
CONDITIONS
DETERIORATION OF
SITE OR OTHER
IMPROVEMENTS
CITY OF FORT COLLINS
FORT COLLINS URBAN RENEWAL AUTHORITY
PROSPECT SOUTH EXISTING CONDITIONS STUDY
SLUM,
DETERIORATED OR
DETERIORATING
STRUCTURES
DEFECTIVE OR
INADEQUATE STREET
Prospect South Existing Conditions Study
22 October 2008
Table 3-1: Field Survey Photograph Reference Table (continued)
Photo #
126 127 128 129
Deteriorated External Walls
Deteriorated Visible Foundation
Deteriorated Fascia/Soffits
Deteriorated Gutters/Downspouts
Deteriorated Exterior Finishes
Deteriorated Windows and Doors
Deteriorated Stairways/Fire Escapes
Deteriorated Loading Dock Areas
Deteriorated Fences/Walls/Gates
Deteriorated Ancillary Structures
Poor Vehicle Access
Poor Internal Circulation ●
Substandard Driveway Definition/Curbcuts
Poor Parking Lot Layout ●
Poorly Lit or Unlit Areas
Cracked or Uneven Surfaces for Pedestrians
Poor Drainage
Insufficient Grading/Steep Slopes ●
Trash/Debris/Weeds ●
Abandoned Vehicles
Vagrants/Vandalism/Graffiti ●
Presence of Billboards
Deterioration of Signage
Neglected Properties
Unscreened Trash/Mechanical
Parking Surface Deterioration
Site Maintenance Problems
Lack of Landscaping
Unusual Topography/Floodplain
Deterioration of Street Pavement
Deterioration of Curb and Gutter ●
Insufficient Street Lighting
Presence of Overhead Utilities
Lack of Sidewalks
UNUSUAL
TOPOGRAPHY OR
INADEQUATE
PUBLIC
IMPROVEMENTS
UNSANITARY OR
UNSAFE
CONDITIONS
DETERIORATION OF
SITE OR OTHER
IMPROVEMENTS
CITY OF FORT COLLINS
FORT COLLINS URBAN RENEWAL AUTHORITY
PROSPECT SOUTH EXISTING CONDITIONS STUDY
SLUM,
DETERIORATED OR
DETERIORATING
STRUCTURES
DEFECTIVE OR
INADEQUATE STREET
LAYOUT
Prospect South Existing Conditions Study
23 October 2008
Exhibit 3-2: Field Survey Photograph Index Sheet
Prospect South Existing Conditions Study
24 October 2008
Exhibit 3-2: Field Survey Photograph Index Sheet (continued)
Exhibit 2-4: Photo Thumbnail Index Sheet (continued)
Prospect South Existing Conditions Study
25 October 2008
Exhibit 3-2: Field Survey Photograph Index Sheet (continued)
Prospect South Existing Conditions Study
26 October 2008
Exhibit 3-2: Field Survey Photograph Index Sheet (continued)
Prospect South Existing Conditions Study
27 October 2008
Exhibit 3-2: Field Survey Photograph Index Sheet (continued)
Prospect South Existing Conditions Study
28 October 2008
Exhibit 3-2: Field Survey Photograph Index Sheet (continued)
i October 2008
Appendix A
Sources Consulted
1. State of Colorado Statutes Urban Renewal Law § 31-25-101
http://www.state.co.us/gov_dir/leg_dir/olls/colorado_revised_statutes.htm
2. City of Fort Collins website http://www.fcgov.com
3. Zoning information found at http://www.colocode.com/ftcollins/landuse/begin.htm
4. Crime statistics found at http://www.fcgov.com/police/crime-map.php
5. Final Report, Mason Corridor Economic Analysis, Fort Collins. Prepared by Economic
& Planning Systems, Inc., December 28, 2007, EPS #17830.
6. Fort Collins Transportation Master Plan 2004. Prepared by PBS&J, February 2004.
7. Mason Corridor Mason Express Bus Rapid Transit Environmental Assessment, Prepared
by the City of Fort Collins for the Federal Transit Administration, May 2008.
ii October 2008
Appendix B
Contacts
Christina Vincent, MCP
Advanced Planning
Urban Renewal Authority
City of Fort Collins
970-416-2294
cvincent@fcgov.com
Dwight Dufloth
Ray Fisher
Utilities Administration
City of Fort Collins
970-221-6700
970-221-6233
Brian Varrella
Stormwater and Drainage
City of Fort Collins
970-416-2217
bvarrella@fcgov.com
Glen Schlueter
Utilities-Stormwater
Steve Gilcrest
Traffic Operations
City of Fort Collins
TrafficOperations@fcgov.org
Ginny Sawyer
Neighborhood Services
City of Fort Collins
970-224-6070
gsawyer@fcgov.com
Denise Weston
Transportation Planning Department
City of Fort Collins
dweston@fcgov.com
Tim Morales
GIS Programmer/Analyst
City of Fort Collins
970-416-2728
tmorales@fcgov.com
City of Fort Collins
970-224-6065
gschlueter@fcgov.com
Matthew Wempe
Transportation Planning
City of Fort Collins
970-224-6058
mwempe@fcgov.com
8181 east tufts ave.
Denver, co 80237
1.JPG
2.JPG
3.JPG
4.JPG
5.JPG
6.JPG
7.JPG
8.JPG
9.JPG
10.JPG
11.JPG
12.JPG
13.JPG
14.JPG
15.JPG
16.JPG
17.JPG
18.JPG
19.JPG
20.JPG
21.JPG
22.JPG
23.JPG
24.JPG
25.JPG
26.JPG
27.JPG
28.JPG
29.JPG
30.JPG
31.JPG
32.JPG
33.JPG
34.JPG
35.JPG
36.JPG
37.JPG
38.JPG
39.JPG
40.JPG
41.JPG
42.JPG
43.JPG
44.JPG
45.JPG
46.JPG
47.JPG
48.JPG
49.JPG
50.JPG
51.JPG
52.JPG
53.JPG
54.JPG
55.JPG
56.JPG
57.JPG
58.JPG
59.JPG
60.JPG
61.JPG
62.JPG
63.JPG
64.JPG
65.JPG
66.JPG
67.JPG
68.JPG
69.JPG
70.JPG
71.JPG
72.JPG
73.JPG
74.JPG
75.JPG
76.JPG
77.JPG
78.JPG
79.JPG
80.JPG
81.JPG
82.JPG
83.JPG
84.JPG
85.JPG
86.JPG
87.JPG
88.JPG
89.JPG
90.JPG
91.JPG
92.JPG
93.JPG
94.JPG
95.JPG
96.JPG
97.JPG
98.JPG
99.JPG
100.JPG
101.JPG
102.JPG
103.JPG
104.JPG
105.JPG
106.JPG
107.JPG
108.JPG
109.JPG
110.JPG
111.JPG
112.JPG
113.JPG
114.JPG
115.JPG
116.JPG
117.JPG
118.JPG
119.JPG
120.JPG
121.JPG
122.JPG
123.JPG
124.JPG
125.JPG
126.JPG
127.JPG
128.JPG
129.JPG
8181 eASt tUFtS AVe.
DeNVer, co 80237
urban renewal authority
300 LaPorte Ave PO Box 580 Fort Collins, CO 80522-0580
970-221-6505 TDD 970-224-6002 renewfortcollins.com
MEMORANDUM
DT: April 15, 2011
TO: Mayor and City Council Members
FM: Fort Collins Urban Renewal Authority
RE: Prospect South Existing Conditions Survey Update
Background
The Prospect South Existing Conditions Survey was conducted in 2008 (study area map
attached). Although the survey concluded that sufficient blight factors were present to warrant
an Urban Renewal Plan (URP), a Plan was never adopted due to the lack of a catalyst project
within the proposed plan area.
In 2009, Council initiated the Midtown Redevelopment Study to analyze the economic
conditions and retail redevelopment opportunities of the commercial corridor that runs along
South College Avenue from Prospect Road to the north, to Fairway Lane to the south, including
Foothills Mall. One of this study’s action items was to examine the area further and evaluate
the statutory requirements for findings of blight to establish the basis to form a URP for the
corridor.
Council initiated the Midtown Existing Conditions Survey in February 2011. Since Prospect South
had been recently surveyed for blight factors, the area was excluded from the same level of
scrutiny that the rest of the area received. Staff conducted a field investigation in April 2011 to
validate whether the area can still be considered blighted as defined by Colorado Urban
Renewal Law.
Summary of Findings
Staff concludes and recommends that the Prospect South study area, in its present condition
and use, is a blighted area as defined by Colorado Urban Renewal Law. Some improvements
have been made since the 2008 survey, but there were some new observations of blight noted
as well. Overall, the six blight factors documented in the original survey are still present.
During the field investigation, staff reviewed the field survey photograph reference table and
found that the following physical conditions originally observed no longer apply: 1, 2, 11, 24,
25, 26, 57‐59, 61‐69, 71‐72, 75‐95, 114, 116, and 118. Additional observations of blight were
documented with a photo (attachment).
Attachments
1. Map of the Prospect South study area
2. Addendum to Prospect South Existing Conditions Survey
Prospect South Study Area O
Major Streets
Prospect South Study Area
S COLLEGE AVE
W PROSPECT RD
E PROSPECT RD
1 inch = 350 feet
April 2011
1
Addendum to the Prospect South Existing Conditions Survey
Section 1.0 Introduction should read:
This report presents the conditions survey analysis, findings and conclusions for the
Prospect South Existing Conditions Study (“Study”), which was undertaken by URS for
the Fort Collins Urban Renewal Authority (URA) and the City of fort Collins under an
Agreement for Professional Services, dated August 29, 2008. URS conducted the Study
in September and October 2008, and City staff conducted a field survey in April 2011 to
verify the conditions found in 2008.
2
3
FOOTHILLS MALL
EXISTING CONDITIONS SURVEY
City of Fort Collins
May 15, 2007
Prepared by:
Terrance Ware + Associates
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 1 -
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
or Utilities…………………………………………………...………...…13
4.5 Buildings that are Unsafe or Unhealthy for Persons to Live
or Work……………………………………………………………….….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…………………………………………………………….14
6.0 Sources………………………………………………………………………...…17
Figures
Figure 1: Location Map…………………………………………………………………..6
Figure 2: 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 Ware Associates - 2 -
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
l. 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 (l),
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 Ware Associates - 3 -
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 Ware Associates - 4 -
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 Ware Associates - 5 -
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 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 Ware Associates - 6 -
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 7 -
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).
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 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 Ware Associates - 8 -
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 9 -
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 10 -
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 Ware Associates - 11 -
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 Ware Associates - 12 -
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 Ware Associates - 13 -
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.
4.4 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 Ware Associates - 14 -
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 Topography 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 Ware Associates - 15 -
physical obsolescence of the mall building and physical constraints to
redevelopment of the site.
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 16 -
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 17 -
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 Ware Associates - 18 -
Appendices
I. Photo Inventory Sheets
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 19 -
Appendix I
Photo Inventory Sheets
4.4 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 Ware Associates - 20 -
4.3 Faulty Lot Layout.
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 21 -
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.
Foothills Mall Existing Conditions Survey – City of Fort Collins Terrance Ware Associates - 22 -
4.4 Unsanitary or Unsafe Conditions
Drainage and access are poor throughout the study area.
4.5 Deterioration of Site or Other Improvements
Deferred maintenance is the most common cause of site deterioration within the Study Area.
urban renewal authority
300 LaPorte Ave PO Box 580 Fort Collins, CO 80522-0580
970-221-6505 TDD 970-224-6002 renewfortcollins.com
MEMORANDUM
DT: April 15, 2011
TO: Mayor and City Council Members
FM: Fort Collins Urban Renewal Authority
RE: Foothills Mall Existing Conditions Survey Update
Background
The Foothills Mall Existing Conditions Survey and Urban Renewal Plan (URP) were adopted by
City Council in May 2007. Based on the property owner’s economic situation and the lack of
redevelopment activity, the URP was dissolved in 2008 to protect the Tax Increment Financing
(TIF) from accumulating prematurely.
In 2009, Council initiated the Midtown Redevelopment Study to analyze the economic
conditions and retail redevelopment opportunities of the commercial corridor that runs along
South College Avenue from Prospect Road to the north to Fairway Lane to the south, including
Foothills Mall. One of this study’s action items was to examine the area further and evaluate
the statutory requirements for findings of blight to establish the basis to form a URP for the
corridor.
Council initiated the Midtown Existing Conditions Survey in February 2011. Since Foothills Mall
had been recently surveyed for blight factors, the area was excluded from the same level of
scrutiny that the rest of the area received. Staff conducted a field investigation in April 2011 to
validate whether the area can still be considered blighted as defined by Colorado Urban
Renewal Law.
Summary of Findings
Staff concludes and recommends that the study area surveyed in the Foothills Mall Existing
Conditions Survey remains a blighted area as defined by Colorado Urban Renewal Law (map of
study area attached). The six blight factors documented in the 2007 survey are still existing
conditions. In addition, the following observations were documented which contribute to the
area’s deteriorated state:
Four of the six self‐standing outlying buildings surrounding the mall are vacant.
The strip mall in the northeast corner of the study area is 50% vacant.
The former location of Mervyn’s, one of the mall’s anchor tenants, is vacant.
The JC Penney building, another anchor tenant location, has been demolished per an
agreement with mall property owner (see Figure 1).
Figure 1: Site of Former JC Penney Building
In addition to the above findings, the attached addendum offers text changes to the survey
document to reflect the latest information.
Attachments
1. Map of the Foothills Mall study area
2. Addendum to the Foothills Mall Existing Conditions Survey
Foothills Mall Study Area O
Major Streets
Foothills Mall Study Area
S COLLEGE AVE
E HORSETOOTH RD
1 inch = 350 feet
April 2011
Addendum to the Foothills Mall Existing Conditions Survey
Paragraph one in Section 3.3.1 Existing Planning should read:
Plan Fort Collins, the 2011 update to the City’s 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: “…higher
intensity, mixed‐use activity centers intended to serve as destinations for surrounding
neighborhoods and the community. Community Commercial Districts offer a mix of retail,
restaurants, offices, small civic uses, and higher density housing...both vertically and
horizontally mixed‐use development forms will be encouraged. Higher density development is
encouraged in Community Commercial Districts to support their role as hubs of the City’s high‐
frequency transit system and to promote an active, pedestrian‐friendly environment. The
physical environment will promote walking, bicycling, transit use and ridesharing as well as
provide a high quality urban life for residents.”
Paragraph one in Section 4.0 Determination of Blight should read:
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, January 2007, and April 2011. 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.
Midtown
Urban Renewal Plan
Prepared for:
City of Fort Collins and
Fort Collins Urban Renewal Authority
May 17, 2011
Prepared By:
Fort Collins Urban Renewal Authority
EXHIBIT B
MIDTOWN URBAN RENEWAL PLAN 2
This page intentionally left blank.
MIDTOWN URBAN RENEWAL PLAN 3
Contents
1. Introduction ................................................................................................................ 4
2. Blight Conditions......................................................................................................... 8
3. Plan Objectives.......................................................................................................... 10
4. Authorized Urban Renewal Activities....................................................................... 11
Public Improvements and Facilities ...................................................................... 11
Cooperative Agreements ...................................................................................... 11
Purchase of Property ............................................................................................ 11
Demolition, Clearance, Environmental Remediation, and Site Prep.................... 12
Property Disposition ............................................................................................. 12
Redevelopment Agreements ................................................................................ 12
Relocation Assistance ........................................................................................... 12
Hiring..................................................................................................................... 13
Legal Authority...................................................................................................... 13
Catalyst and Enhancement Projects ..................................................................... 13
5. Development Standards and Procedures................................................................. 13
6. Conformance............................................................................................................. 13
Urban Renewal Law .............................................................................................. 13
City Plan ................................................................................................................ 14
7. Project Financing....................................................................................................... 16
Tax Increment Financing (TIF) District Boundaries............................................... 17
Property Tax Increment ........................................................................................ 17
Sales Tax Increment .............................................................................................. 18
Tax Increment Reimbursement ............................................................................ 18
8. Modifications to the Plan.......................................................................................... 19
9. Reasonable Variations .............................................................................................. 19
10. Effective Date of the Plan ........................................................................................... 19
Appendices
Appendix A – Legal Description ........................................................................................ 20
DESCRIPTION OF THE MIDTOWN URBAN RENEWAL PLAN AREA ................................ 20
Appendix B – Legal Description ........................................................................................ 23
DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – PROSPECT SOUTH .... 23
List of Figures
Figure 1: Midtown Urban Renewal Plan Boundary ........................................................... 6
Figure 2: Tax Increment Financing Area – Prospect South................................................ 7
MIDTOWN URBAN RENEWAL PLAN 4
1. Introduction
The Midtown Urban Renewal Plan (Plan) is a 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 plan 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
Midtown Urban Renewal Plan Area (Plan Area), located in the City of Fort Collins,
Larimer County, Colorado.
This Plan was prepared for adoption by the City Council in recognition that the Midtown
Commercial Corridor requires a coordinated, cooperative strategy, with financing
possibilities, to eliminate unfavorable existing conditions and prevent further
deterioration. This Plan intends to accomplish the City’s development objectives for
improving the viability of the commercial corridor by creation of the Plan Area.
The driving interest in the establishment of this Plan is to begin offering tax increment
financing (TIF) as a tool to stimulate and leverage both public and private sector
development (including redevelopment), to help remedy adverse conditions and
prevent the spread of further deterioration. It is the intent of this Plan for any
development projects and other implementation actions to be done in a responsive
manner, with full consideration for interests and concerns of property owners in the
Plan Area. Development and redevelopment is anticipated to occur incrementally over a
substantial period of time, with the potential for Authority financing to provide the
impetus and means to undertake this redevelopment at a faster pace than might occur
otherwise.
The Plan effort originated in response to the Midtown Redevelopment Study adopted in
2010 where one of the primary action items for implementation concluded the need for
an Existing Conditions Survey and Urban Renewal Plan.
The Plan has been made available to City of Fort Collins residents. Input was solicited of
area residents, property owners and business owners and tenants prior to completion of
the Plan. Notifications of public hearings and an open house was provided to property
owners, tenants, and residents within and surrounding the study area stating the
following: time, date, place, and a description of the Urban Renewal Plan (URP) and its
general scope.
MIDTOWN URBAN RENEWAL PLAN 5
Meetings were held before the Planning and Zoning Board and City Council in spring
2011 to receive comments and input on this Plan. To the extent provided in Colorado
Public Records Act, Colo. Rev. Stat. Title 24, Article 72, Part 2 as the same may be
amended from time to time, and pursuant to policies adopted by the Authority, project
plans and proposals will be made available to the public.
Description of the Plan Area
The Plan Area is approximately 660 acres with 404 parcels of private property, including
the right‐of‐way. The City of Fort Collins Structure Plan identifies this area as a
commercial corridor. The City of Fort Collins Zoning Map indicates this area is primarily
zoned C‐commercial with some additional zones; HC – Harmony Corridor, E –
Employment, and CC‐Community Commercial.
The Plan Area is depicted on the Boundary Map on the following page (Figure 1). A legal
description of the area is attached hereto as Appendix A.
The boundary of the Plan Area to which this Plan applies generally includes those
properties located within the area bounded by:
Prospect Road on the north;
The Burlington Northern SantaFe (BNSF) railroad right‐of‐way on the west;
An irregular line following commercial parcels typically one or two parcels
deep to the east; and
Fairway Lane on the south.
Description of the Tax Increment Financing District – Prospect South
The Tax Increment Financing District ‐ Prospect South is depicted on the Boundary Map
in Figure 2. A legal description of the district is attached hereto as Appendix B.
MIDTOWN URBAN RENEWAL PLAN 6
Figure 1: Midtown Urban Renewal Plan Boundary
MIDTOWN URBAN RENEWAL PLAN 7
Figure 2: Tax Increment Financing District – Prospect South
MIDTOWN URBAN RENEWAL PLAN 8
2. Blight Conditions
Before an urban renewal plan can be adopted by the City, the determination that an
area constitutes a blighted area depends upon the presence of several physical,
environmental, and social factors. Blight is indeed attributable to a multiplicity of
conditions which, in combination, tend to accelerate the phenomenon of deterioration
of an area. The definition of a blighted area is premised upon the definition articulated
in the Urban Renewal Law, as follows:
“Blighted area” means an area that, in its present condition and use and,
by reason of the presence of at least four of the following factors,
substantially impairs or arrests the sound growth of the municipality,
retards the provision of housing accommodations, or constitutes an
economic or social liability, and is a menace to the public health, safety,
morals, or welfare:
a. Slum, deteriorated, or deteriorating structures;
b. Predominance of defective or inadequate street layout;
c. Faulty lot layout in relation to size, adequacy, accessibility, or
usefulness;
d Unsanitary or unsafe conditions;
e Deterioration of site or other improvements;
f. Unusual topography or inadequate public improvements or
utilities;
g. Defective or unusual conditions of title rendering the title
nonmarketable;
h. The existence of conditions that endanger life or property by fire
and other causes;
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, building, or other improvements; or
l. If there is no objection by the property owner or owners and the
tenant or tenants of such owner or owners, if any, to the inclusion
of such property in an urban renewal area, "blighted area" also
means an area that, in its present condition and use and, by
reason of the presence of any one of the factors specified in
paragraphs (a) to (k.5) of this subsection (2), substantially impairs
or arrests the sound growth of the municipality, retards the
provision of housing accommodations, or constitutes an economic
MIDTOWN URBAN RENEWAL PLAN 9
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 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.
To be able to use the powers of eminent domain, “blighted” means that five of the
eleven factors must be present (C.R.S. § 31‐25‐105.2(2)(a)(I)):
(a) “Blighted area” shall have the same meaning as set forth in
section 31‐25‐103 (2); except that, for the purposes of this section only,
“blighted area” means an area that, in its present condition and use and,
by reason of the presence of at least five of the factors specified in section
31‐25‐103 (2)(a) to (2)(l), 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.
Source: Colorado Revised Statute 31‐25‐103(2).
Several principles have been developed by Colorado courts to guide the determination
of whether an area constitutes a blighted area under the Urban Renewal Law. First, the
absence of widespread violation of building and health codes does not, by itself,
preclude a finding of blight. The definition of “blighted area” contained in the Urban
Renewal Law is broad and encompasses not only those areas containing properties so
dilapidated as to justify condemnation as nuisances, but also envisions the prevention of
deterioration.” Tracy v. City of Boulder, 635 P.2d 907, 909 (Colo. Ct. App. 1981).
Second, the presence of one well maintained building does not defeat a determination
that an area constitutes a blighted area. A determination of blight is based upon an area
“taken as a whole,” and not on a building‐by‐building basis. Interstate Trust Building Co.
v. Denver Urban Renewal Authority, 473 P.2d 978, 981 (Colo. 1970).
Third, a governing body’s “determination as to whether an area is blighted….is a
legislative question and the scope of review by the judiciary is restricted.” Tracy, 635
P.2d at 909. A court’s role in reviewing such a blight determination is simply to
independently verify if the conclusion is based upon factual evidence determined by the
City Council at the time of a public hearing to be consistent with the statutory definition.
Based on the evidence presented at a public hearing, and in the Midtown Existing
Conditions Survey, dated April 2011, the City Council, by Resolution _____, made a
finding that the Plan Area was “blighted” as defined by the Urban Renewal Law, by the
existence of the following seven factors:
MIDTOWN URBAN RENEWAL PLAN
10
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
k.5. Health, safety, or welfare factors requiring high levels of municipal
services or substantial underutilization or vacancy of buildings, sites, or
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 negatively
affect the public heath, safety and welfare of the community. Based on evidence of the
“blighted” factors, the Plan 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 remediate unfavorable existing conditions and
prevent further deterioration by implementation of the relevant provisions contained in
the following documents:
City Plan (The City of Fort Collins Comprehensive Plan)
City of Fort Collins Master Street Plan
Fort Collins Infill Infrastructure Report
City of Fort Collins Master Transportation Plan
Mason Corridor Economic Study
Midtown Redevelopment Study
To do this, this Plan is intended to stimulate private sector development in and around
the Plan Area with a combination of private investment, Authority financing, and public
investment. The Plan will assist progress toward the following additional objectives:
To facilitate redevelopment and new development by private enterprise through
cooperation among developers and public agencies to plan, design, and build
needed improvements.
To address and remedy conditions in the area that impair or arrest the sound
growth of the City.
To implement the Comprehensive Plan and its related elements.
To redevelop and rehabilitate the area in a manner which is compatible with and
complementary to unique circumstances in the area.
To effectively utilize undeveloped and underdeveloped land.
MIDTOWN URBAN RENEWAL PLAN
11
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 facilitate the enforcement of the laws and regulations applicable to the Plan
Area.
To watch for market and/or project opportunities to eliminate blight, and when
such opportunities exist, to take action within the financial, legal and political
limits of the Authority to acquire land, demolish and remove structures, provide
relocation benefits, and pursue redevelopment, improvement and rehabilitation
projects.
4. Authorized Urban 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 Plan Area, pursuant to the Urban Renewal Law:
Public Improvements and Facilities
The Authority may cause, finance or facilitate the design, installation, construction and
reconstruction of public improvements in the Plan Area. In order to promote the
effective utilization of undeveloped and underdeveloped land in the Plan 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,
street conditions and other infrastructure deficiencies in the Plan Area.
Cooperative Agreements
For the purposes of planning and implementing this Plan, the Authority may enter into
one or more cooperative agreements with the City or other public entities. Such
agreement may include provisions regarding project financing and implementation;
design, location, construction of public improvements; and any other matters required
to implement this Plan. Potential entities include but not limited to: Xcel Energy,
Qwest, Comcast, Poudre Valley Fire Authority, Poudre Valley Rural Electric Association
and Fort Collins‐Loveland Water District.
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
MIDTOWN URBAN RENEWAL PLAN
12
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.
Demolition, Clearance, Environmental Remediation, and Site Prep
The Authority may on a case‐by‐case basis, elect to demolish or to cooperate with
others to clear buildings, structures, and other improvements. Development activities
consistent with this Plan may require such demolition and clearance to eliminate
unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses
detrimental to the public welfare, and otherwise remove and prevent the spread of
deterioration.
Property Disposition
The Authority may sell, lease, or otherwise transfer real property or any interest in real
property subject to covenants, conditions and restrictions, including architectural and
design controls, time restrictions on development, and building requirements, as it
deems necessary to develop such property.
Redevelopment Agreements
The Authority may enter into redevelopment agreements with property owners or
developers in the Plan 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.
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
MIDTOWN URBAN RENEWAL PLAN
13
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.
Hiring
The Authority may employ consultants, agents, and employees, permanent and
temporary, and it shall determine their qualifications, duties, and compensation.
Legal Authority
The Authority may also exercise all other powers given to it under the Urban Renewal
Law.
Catalyst and Enhancement Projects
Rehabilitation and redevelopment of the properties surrounding the Plan Area that will
continue to foster cleanup, preservation and redevelopment of nearby properties.
Additional public infrastructure, not limited to pedestrian amenities, enhanced
landscaping, public transportation improvements, public utilities, or public art and
architectural features as well as access to services, meeting facilities and shopping
options may also further redevelopment of the Plan Area.
5. Development Standards and Procedures
All development within the Plan Area shall conform to the Land Use Code and any site
specific zoning regulations or policies which might impact properties, all as in effect and
as may be amended from time to time. While State statute authorizes the Authority to
undertake zoning and planning activities to regulate land use, maximum densities, and
building requirements in the Plan Area, the City will regulate land use and building
requirements through existing municipal codes and ordinances.
6. Conformance
Urban Renewal Law
This Plan is in conformity with and subject to the applicable statutory requirements of
the Urban Renewal Law.
MIDTOWN URBAN RENEWAL PLAN
14
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 Plan Area is a
commercial corridor well‐integrated with surrounding development. The Plan Area is
envisioned to evolve with improved community design and streetscapes, in an
interconnected framework of streets and blocks. One of the purposes of this Plan is to
implement the vision for the Plan Area as a commercial corridor with mixed‐use
residential improvements, as well as create a connection to the Mason Corridor for
improved transit circulation.
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 EH 4: The City will encourage the redevelopment of strategic areas within the
community as defined in the Community and Neighborhood Livability and
Neighborhood Principles and Policies.
Policy EH 4.1: Prioritize Targeted Redevelopment Areas
Create and utilize strategies and plans, as described in the Community and
Neighborhood Livability and Neighborhood chapter’s Infill and Redevelopment section,
to support redevelopment areas and prevent areas from becoming blighted. The
Targeted Infill and Redevelopment Areas (depicted on Figure LIV 1 in the Community
and Neighborhood Livability chapter) shall be a priority for future development, capital
investment, and public incentives.
Policy EH 4.2: Reduce Barriers to Infill Development and Redevelopment
Develop new policies and modify current policies, procedures, and practices to reduce
and resolve barriers to Infill development and redevelopment. Emphasize new policies
and modifications to existing policies that support a sustainable, flexible, and
predictable approach to infill development and redevelopment.
Policy LIV 5.1: Encourage Targeted Redevelopment and Infill
Encourage redevelopment and infill in Activity Centers and Targeted Infill and
Redevelopment Areas identified on the Targeted Infill and Redevelopment Areas Map.
The purpose of these areas is to:
MIDTOWN URBAN RENEWAL PLAN
15
Promote the revitalization of existing, underutilized commercial and industrial
areas.
Concentrate higher density housing and mixed‐use development in locations
that are currently or will be served by high frequency transit in the future and
that can support higher levels of activity.
Channel development where it will be beneficial and can best improve access to
jobs, housing, and services with fewer and shorter auto trips.
Promote reinvestment in areas where infrastructure already exists.
Increase economic activity in the area to benefit existing residents and
businesses and, where necessary, provide the stimulus to redevelop.
Areas identified on the Targeted Infill and Redevelopment Areas Map are parts of the
city where general agreement exists that redevelopment and infill would be beneficial.
These areas are generally considered a priority for efforts to reduce barriers and
concentrate public investment in infrastructure. However, of the areas identified, the
“community spine” (see Policy LIV 5.2) shall be the highest priority location for such
efforts. Areas not shown on the Targeted Infill and Redevelopment Areas map are not
excluded from redevelopment and infill activity, but are considered to be lower priority
or where activity is less likely to occur for other reasons.
Policy LIV 5.2: Target Public Investment along the Community Spine
Together, many of the Targeted Redevelopment Areas and Activity Centers form the
“community spine” of the city along College Avenue and the Mason Corridor. The
“community spine” shall be considered the highest priority area for public investment in
streetscape and urban design improvements and other infrastructure upgrades to
support infill and redevelopment and to promote the corridor’s transition to a series of
transit‐supportive, mixed‐use activity centers over time. Established residential
neighborhoods adjacent to College Avenue and the Mason Corridor will be served by
improvements to the “community spine” over time, but are not intended to be targeted
for infill or redevelopment.
Policy LIV 5.3: Policy LIV 5.3 – Identify Additional Redevelopment and Infill Areas as
Appropriate
Utilize subarea plans to help designate areas for redevelopment and infill that are not
identified on the Targeted Infill and Redevelopment Areas Map. Within these plans,
support the development of appropriate design standards to protect the character of
neighborhoods and to ensure conformance with City Plan.
Principle LIV 34: General Commercial Districts will include a wide range of community
and regional uses, in various sizes and scales, designed for convenient access by all
modes of travel, efficient circulation, and a comfortable pedestrian environment.
Policy LIV 34.2: Mix of Uses
MIDTOWN URBAN RENEWAL PLAN
16
Although many existing General Commercial Districts in the City consist of single‐use
commercial centers today, the incorporation of a broader mix of uses is desirable over
time:
Principal uses: Retail, restaurants, office, and other commercial services.
Supporting uses: Entertainment, high‐density residential, day care (adult and
child), and other supporting uses.
Policy LIV 34.3: Support the Revitalization of Existing Strip Commercial Corridor
Developments
Encourage and support the gradual evolution of existing, auto‐oriented strip commercial
areas to a more compact, pedestrian and transit‐oriented pattern of development over
time through infill and redevelopment. Establish enhanced walking connections
between destinations.
Principle LIV 35: Community Commercial Districts will be communitywide destinations
and hubs for a high‐frequency transit system. They will be quality mixed‐use urban
activity centers that offer retail, offices, services, small civic uses, and higher density
housing, in an environment that promotes walking, bicycling, transit and ridesharing.
Policy LIV 35.4: Transform through Infill and Redevelopment
Support the transformation of existing, underutilized Community Commercial Districts
through infill and redevelopment over time to more intense centers of activity that
include a mixture of land uses and activities, an enhanced appearance, and access to all
transportation modes.
Principle LIV 43: Enhanced Travel Corridors will be strategic and specialized
Transportation Corridors that contain amenities and designs that specifically promote
walking, the use of mass transit, and bicycling. Enhanced Travel Corridors will provide
high‐frequency/high efficiency travel opportunities for all modes linking major activity
centers and districts in the city.
Policy LIV 43.3: Support Transit‐Supportive Development Patterns
Support the incorporation of higher intensity, transit‐supportive development along
Enhanced Travel Corridors through infill and redevelopment. Encourage the densities
and broader mix of uses necessary to support walking, bicycling, and transit use while
accommodating efficient automobile use.
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
MIDTOWN URBAN RENEWAL PLAN
17
Authority pursuant to CRS § 31‐25‐105 of the Urban Renewal Law. The Authority is
authorized to:
Finance urban renewal projects within the Plan 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.
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 Plan
Area.
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.
Tax Increment Financing (TIF) District Boundaries
If permissible by the Urban Renewal Law, the Authority is authorized to create TIF
districts within the Plan Area that can include, but are not limited to a single parcel or
multiple parcels for a qualified project. Accordingly, the Plan may be amended when
the TIF district is decided upon by the Authority, and incremental property tax and/or
sales tax revenues attributable to the redevelopment in the Plan Area to pay the
indebtedness incurred by the Authority. Reference Figure 2 for an example.
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 Plan 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 Plan Area last certified prior to the effective date of approval of the Plan
or, as to an area later added to the Plan 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.
MIDTOWN URBAN RENEWAL PLAN
18
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 Plan
Area exceeds the base valuation for assessment of the taxable property in the Plan Area,
all of the taxes levied upon taxable property in the Plan Area shall be paid into 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 Plan 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 URP, 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 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 URP. This increment is not an additional sales tax, but rather is a
portion of the established tax collected by the City, and the sales tax increment resulting
from redevelopment efforts and activities contemplated in this Plan.
Tax Increment Reimbursement
Tax increment revenues may be used to reimburse the City and/or a developer for costs
incurred for improvements related to a project to pay the debt incurred by the
MIDTOWN URBAN RENEWAL PLAN
19
Authority with such entities for urban renewal activities and purposes. Tax incremental
revenues may also be used to pay bonded indebtedness, financial obligations and debts
of the Authority related to urban renewal activities under this Plan.
8. 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 or amendments to
the extent such modifications or amendments do not conflict with the agreements.
Nothing herein shall be construed to require the Authority to first obtain the permission
of any party to an Agreement prior to amending or modifying this Plan.
9. Reasonable Variations
The Authority 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.
10. Effective Date of the Plan
This plan shall be effective upon its final approval by the Fort Collins City Council. Except
as otherwise permitted under the Urban Renewal Law, the term of the TIF period is
twenty‐five (25) years from the effective date of the Plan, unless the Authority deems,
to the extent consistent with the terms in the Agreements, that all activities to
accomplish the Project have been completed and all debts incurred to finance such
activities and all expenses of the Authority have been repaid. In that event, the
Authority may declare the Plan fully implemented.
MIDTOWN URBAN RENEWAL PLAN
20
Appendix A – Legal Description
DESCRIPTION OF THE MIDTOWN URBAN RENEWAL PLAN AREA
A tract of land located in Sections 23, 24, 25, 26, 35 and 36 of Township 7 North, Range
69 West and in Sections 1 and 2 of Township 6 North, Range 69 West, all of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado, contained within the
following described area;
Beginning at the center of South College Avenue with its intersection with the easterly
extension of the southerly right of way of Prospect Road, the TRUE POINT OF
BEGINNING of this description; THENCE westerly along the said extended line and along
the said southerly right of way to the west line of the plat of “Griffin Plaza Subdivision”;
THENCE southerly, westerly and southerly along the said west line to the southerly line
of the said plat of “Griffin Plaza Subdivision”; THENCE easterly and southerly along the
said southerly line to the westerly right of way of the BNSF Railway; THENCE easterly
and radially to the said right of way to the easterly right of way of the BNSF Railway;
THENCE southerly along the said easterly right of way to the east west centerline of the
said Section 26; THENCE easterly along the said east west centerline and returning to
the said easterly right of way of the BNSF Railway; THENCE continuing southerly along
the said easterly right of way to the south line of the said Section 26; THENCE westerly
along the said south line and returning to the said easterly right of way of the BNSF
Railway; THENCE continuing southerly along the said easterly right of way to the north
line of the said Section 2; THENCE easterly along the said north line and returning to the
said easterly right of way of the BNSF Railway; THENCE continuing southerly along the
said easterly right of way to the north line of the plat of “George T. Sanders Co. P.U.D.”;
THENCE easterly along the said north line to the westerly right of way of Fossil
Boulevard; THENCE southerly along the said westerly right of way to the westerly
extension of the southerly right of way of West Fairway Lane; THENCE easterly along the
said extended line and along the said southerly right of way, its easterly extension and
along the southerly right of way of Fairway Lane to the southerly extension of the east
line of the plat of “Replat Of A Part Of Fairway Estates”; THENCE northerly along the said
extended line and along the said east line of the “Replat Of A Part Of Fairway Estates”,
along the east line of the plat of “Replat Of A Part OF Lot 7, Lot 8, Lot 9, And A Part Of
Lot 10 Of the Replat Of A Part Of Fairway Estates” and continuing along the east line of
the said plat of “Replat Of A Part Of Fairway Estates” and its northerly extension to the
southwest corner of that certain tract of land as described in a Warranty Deed Recorded
April 2, 2002 at Reception No. 2002038320 records of the Clerk and Recorder of the said
Larimer County; THENCE easterly along the southerly line of the said tract described at
Reception No. 2002038320 to the southwest corner of the plat of “Fort Collins
Supportive Housing Subdivision”; THENCE easterly along the southerly line of the said
plat to the southeast corner of the said “Fort Collins Supportive Housing Subdivision”;
THENCE northerly along the easterly line of the said plat to the southerly right of way of
MIDTOWN URBAN RENEWAL PLAN
21
East Harmony Road; THENCE easterly along the said southerly right of way and its
easterly extension to the easterly right of way of Hogan Drive; THENCE northerly to the
intersection of the northerly right of way of East Harmony Road with the easterly right
of way of John F. Kennedy Parkway; THENCE northerly along the said easterly right of
way of John F. Kennedy Parkway and along the easterly right of way’s extension through
intersecting side streets through the East Horsetooth Road right of way, to the southerly
line of Tract Nine as shown on the plat of “The Foothills Fashion Mall Expansion”;
THENCE easterly along the southerly line of the said Tract Nine to the westerly right of
way of Stanford Road; THENCE northerly along the said westerly right of way to the
northerly line of the plat of “The Foothills Fashion Mall Foley’s Expansion”; THENCE
westerly along the said northerly line to the easterly line of Tract K of the plat of
“Southmoor Village Fifth Filing”; THENCE southerly along the said easterly line of Tract K
to the southerly line of the said Tract K; THENCE westerly along the said southerly line to
the westerly line of the said Tract K; THENCE northerly along the said westerly line to
the northerly line of the said plat of “Southmoor Village Fifth Filing”; THENCE westerly
along the said northerly line to the easterly line of Tract H of the said plat of
“Southmoor Village Fifth Filing”; THENCE southerly along the said easterly line to the
southerly line of the said Tract H; THENCE westerly along the southerly line of the said
Tract H to the southerly right of way of Remington Street as shown on the plat of “A
Replat Of Tracts F, G, And J, And Vacated Service Road, Southmoor Village Fifth Filing”;
THENCE westerly along the said southerly right of way to the westerly right of way of
the said Remington Street; THENCE northerly along the said westerly right of way and
along the westerly right of way’s extension through intersecting side streets, to the
northerly right of way of Harvard Avenue; THENCE easterly along the said northerly right
of way to the easterly line of Lot 13 of the plat of “Plat Of Thunderbird Estates Seventh
Filing”; THENCE northerly along the easterly line of Lot 13 and its northerly extension to
the easterly line of the plat of “Thunderbird Estates Sixth Filing”; THENCE northerly
along the said easterly line to the southerly line of Lot 3 of the said plat of “Thunderbird
Estates Sixth Filing”; THENCE westerly along the said southerly line to the westerly line
of the said Lot 3; THENCE northerly along the said westerly line to the southerly right of
way of Drake Road; THENCE westerly along the said southerly right of way to the
southerly extension of the easterly line of Lot 1 of the Plat of “The Resubdivision of Tract
A, South College Heights Fourth Subdivision”; Thence northerly along the said southerly
extension and along the said easterly line of Lot 1, to the southerly right of way of
Princeton Avenue; Thence westerly along the said southerly right of way to the easterly
right of way of South College Avenue; THENCE northerly along the said easterly right of
way and along the easterly right of way’s extension through intersecting side streets, to
the northerly right of way of Rutgers Avenue; THENCE easterly along the said northerly
right of way to the easterly line of the “Rutgers Building Condominiums”; THENCE
northerly along the said easterly line to the southerly line of the plat of “Raising Cane’s”;
THENCE easterly along the said southerly line to the easterly line of the said plat of
“Raising Cane’s”; THENCE northerly along the said easterly line to the southerly line of
the plat of “A Replat of A Part of Tract 1, Replat of Block 2 and Lots 1 to 7 Inclusive of
MIDTOWN URBAN RENEWAL PLAN
22
Block 1 of the St. Vrain Subdivision”; THENCE easterly along the said southerly line to
the westerly right of way of Remington Street; THENCE northerly along the said westerly
right of way to the southerly right of way of Spring Park Drive; THENCE westerly along
the said southerly right of way to the southerly extension of the easterly line of the plat
of “Human Bean At Spring Creek”; THENCE northerly along the said extended line and
along the said easterly line and along the easterly lines of Lots 1 through 7 of the plat of
“Moran’s Subdivision” to the southerly right of way of East Stuart Street; THENCE
northerly to the northerly right of way of East Stuart Street and to the easterly line of
the West 180 feet of Lot 5 of the plat of “Maynard Subdivision”; THENCE northerly along
the said easterly line to the northerly line of the said Lot 5; THENCE westerly along the
said northerly line to the easterly line of Lot 2 of the plat of “A Replat of Maynard
Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard
Subdivision”; THENCE northerly along the said easterly line and along the easterly line of
Lot 1 of the said plat of “A Replat of Maynard Subdivision Being a Resubdivision of the
West 350 Feet of Lots 3 & 4 of Maynard Subdivision” to the northerly line of the said
plat of ”A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of
Lots 3 & 4 of Maynard Subdivision”; THENCE easterly along the said northerly line to the
easterly line of the west 240 feet of Lot 2 of the said plat of “Maynard Subdivision”;
THENCE northerly along the said easterly line and its northerly extension to the
southerly line of the northerly 232 feet of the said plat of “Maynard Subdivision”;
THENCE westerly along the said southerly line to the easterly line of the westerly 213
feet of Lots 14 and 1 of the said plat of “Maynard Subdivision”; THENCE northerly along
the said easterly line and its northerly extension to the northerly right of way of Parker
Street; THENCE westerly along the said northerly right of way to the easterly right of
way of the north‐south alley through Block 1 of the plat of “I.C. Bradley’s Addition To
The City Of Fort Collins”; THENCE northerly along the said easterly alley right of way to
the southerly right of way of East Prospect Road; THENCE westerly along the said
southerly right of way to the POINT OF BEGINNING.
Excepting there from all of the plat of “Amended Final Plat of Parkway Townhomes
P.U.D.”
All Plats referred to in the above described description are Plats of record with the Clerk
and Recorder of Larimer County.
I hear by state that the above description was prepared by me and is true and correct to
the best of my professional knowledge belief and opinion. The above described tract is
based upon previously recorded plats and deeds and not upon an actual field survey.
Wallace C. Muscott
Colorado P.L.S. 17497
PO Box 580
Fort Collins, CO 80525 April 20, 2011
MIDTOWN URBAN RENEWAL PLAN
23
Appendix B – Legal Description
DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – PROSPECT SOUTH
A tract of land located in Sections 23 and 24 of Township 7 North, Range 69 West West
of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, contained
within the following described area;
Beginning at the center of South College Avenue with its intersection with the easterly
extension of the southerly right of way of Prospect Road, the TRUE POINT OF
BEGINNING of this description; THENCE westerly along the said extended line and along
the said southerly right of way to the west line of the plat of “Griffin Plaza Subdivision”;
THENCE southerly, westerly and southerly along the said west line to the southerly line
of the said plat of “Griffin Plaza Subdivision”; THENCE easterly and southerly along the
said southerly line to the westerly right of way of the BNSF Railway; THENCE easterly
and radially to the said right of way to the easterly right of way of the BNSF Railway;
THENCE southerly along the said easterly right of way to the northerly line of the plat of
“ Whole Foods Center”; THENCE easterly along the said northerly line to the westerly
line of Tract “E” of the plat of “University Shopping Center”; THENCE southerly along the
said westerly line to the southerly line of the said Tract “E”; THENCE easterly along the
said southerly line to the westerly right of way of South College Avenue; THENCE
easterly to the intersection of the easterly right of way of South College Avenue with the
northerly right of way of Rutgers Avenue; THENCE easterly along the said northerly
right of way to the easterly line of the “Rutgers Building Condominiums”; THENCE
northerly along the said easterly line to the southerly line of the plat of “Raising Cane’s”;
THENCE easterly along the said southerly line to the easterly line of the said plat of
“Raising Cane’s”; THENCE northerly along the said easterly line to the southerly line of
the plat of “A Replat of A Part of Tract 1, Replat of Block 2 and Lots 1 to 7 Inclusive of
Block 1 of the St. Vrain Subdivision”; THENCE easterly along the said southerly line to
the westerly right of way of Remington Street; THENCE northerly along the said westerly
right of way to the southerly right of way of Spring Park Drive; THENCE westerly along
the said southerly right of way to the southerly extension of the easterly line of the plat
of “Human Bean At Spring Creek”; THENCE northerly along the said extended line and
along the said easterly line and along the easterly lines of Lots 1 through 7 of the plat of
“Moran’s Subdivision” to the southerly right of way of East Stuart Street; THENCE
northerly to the northerly right of way of East Stuart Street and to the easterly line of
the West 180 feet of Lot 5 of the plat of “Maynard Subdivision”; THENCE northerly along
the said easterly line to the northerly line of the said Lot 5; THENCE westerly along the
said northerly line to the easterly line of Lot 2 of the plat of “A Replat of Maynard
Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard
Subdivision”; THENCE northerly along the said easterly line and along the easterly line of
Lot 1 of the said plat of “A Replat of Maynard Subdivision Being a Resubdivision of the
West 350 Feet of Lots 3 & 4 of Maynard Subdivision” to the northerly line of the said
MIDTOWN URBAN RENEWAL PLAN
24
plat of ”A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of
Lots 3 & 4 of Maynard Subdivision”; THENCE easterly along the said northerly line to the
easterly line of the west 240 feet of Lot 2 of the said plat of “Maynard Subdivision”;
THENCE northerly along the said easterly line and its northerly extension to the
southerly line of the northerly 232 feet of the said plat of “Maynard Subdivision”;
THENCE westerly along the said southerly line to the easterly line of the westerly 213
feet of Lots 14 and 1 of the said plat of “Maynard Subdivision”; THENCE northerly along
the said easterly line and its northerly extension to the northerly right of way of Parker
Street; THENCE westerly along the said northerly right of way to the easterly right of
way of the north‐south alley through Block 1 of the plat of “I.C. Bradley’s Addition To
The City Of Fort Collins”; THENCE northerly along the said easterly alley right of way to
the southerly right of way of East Prospect Road; THENCE westerly along the said
southerly right of way to the POINT OF BEGINNING.
All Plats referred to in the above described description are Plats of record with the Clerk
and Recorder of Larimer County.
I hear by state that the above description was prepared by me and is true and correct to
the best of my professional knowledge belief and opinion. The above described tract is
based upon previously recorded plats and deeds and not upon an actual field survey.
Wallace C. Muscott
Colorado P.L.S. 17497
PO Box 580
Fort Collins, CO 80525 April 20, 2011
DATE: February 28, 2013
STAFF: Bruce Hendee
Josh Birks
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 4
SUBJECT
Continuation of Public Hearing on the Subject of Amending the Midtown Urban Renewal Plan to Authorize the Use
of Tax Increment Financing in the Foothills Mall Area of the Plan.
EXECUTIVE SUMMARY
Staff has proposed that the Midtown Urban Renewal Plan be amended to authorize the use of tax increment financing
in the Foothills Mall area of the Plan. As required in connection with such an amendment, notice was provided to all
property owners, residents, and owners of business concerns in the Urban Renewal Area, and to Larimer County, and
was published in the Fort Collins Coloradoan. In addition, an economic impact analysis of the proposed action was
provided to Larimer County. All of the matters for consideration identified in the notices, other than the issue of
amending the Plan to authorize the use of tax increment financing in the Foothills Mall area of the Plan, are being
considered on this date, and are the subject of Resolution 2013-014. Staff is requesting that this portion of the public
hearing described in the notices and consideration of this item be continued to a date certain, March 27, 2013, in order
to allow further time for discussion with Larimer County regarding the potential impacts of the TIF District and the
proposed redevelopment on County revenues.
BACKGROUND / DISCUSSION
The Midtown Urban Renewal Plan (Plan) was adopted by the Urban Renewal Authority (URA) Board in September
2011, and ratified and reaffirmed February 2013. The purpose of the Plan is to provide the URA the opportunity to
use tax increment financing (TIF) to remediate blighted conditions through development and redevelopment. In July
2012, Walton Foothills Holdings IV, LLC (Owner), purchased Foothills Mall and adjacent property with the intent to
complete a significant redevelopment.
An Agreement to Negotiate was executed between the Owner and URA in November 2012, and discussions with
regard to the public financing package have been occurring since; one component of the package being TIF via the
URA. In order to utilize TIF, City Council must first amend the existing Plan and create a TIF District. When a TIF
District is created, the URA would collect incremental tax revenue for a period of 25 years.
Notice was mailed to all property owners, residents, and owners of business concerns in the Urban Renewal Area on
January 25, 2013, and published in the Fort Collins Coloradoan on January 26, 2013, that a public hearing would be
held by the City Council on February 28, 2013, for the purpose of (1) ratifying and reaffirming that the area included
in the Midtown Urban Renewal Plan is a blighted area as described in Section 31-25-103, C.R.S., (2) ratifying and
reaffirming the adoption of the Plan, including the adoption of the Prospect South Tax Increment Financing District,
as described in Section 31-25-107, C.R.S., (3) ratifying and reaffirming that the Fort Collins Urban Renewal Authority
is authorized to acquire real property by all legal means, including eminent domain, and to convey real property so
acquired to private parties, all as described in the Plan, (4) amending the Plan to authorize the use of tax increment
financing in the Foothills Mall area of the Plan; and (5) other undertakings and activities in accordance with the
Colorado Urban Renewal Law, Sections 31-25-101, et seq., C.R.S.
All of the matters identified in the notices, other than the issue of amending the Plan to authorize the use of tax
increment financing in the Foothills Mall area of the Plan, are being considered on this date, and are the subject of
Resolution No. 2013-003. Staff is requesting that this portion of the public hearing and consideration of this item be
continued to a date certain, March 27, 2013, in order to allow further time for discussion with Larimer County regarding
the potential impacts of the TIF District and the proposed redevelopment on County revenues.
When the URA is considering amending an urban renewal plan or creating a new TIF District, Colorado Revised
Statutes § 31-25-101 et seq. (Urban Renewal Law) requires the URA to notify Larimer County (County) and provide
an estimation of any fiscal impacts. The URA provided an impact report to the County on January 25, 2013, 30 days
prior to the February 28 public hearing. However, consideration of the Resolution to amend the Plan and create the
TIF District is being continued until March 27, 2013 to allow dialogue regarding the estimated impacts to continue
between the URA and County.
February 28, 2013 -2- ITEM 4
FINANCIAL / ECONOMIC IMPACTS
Continuing this Public Hearing has no direct financial/economic.
ENVIRONMENTAL IMPACTS
Continuing this Public Hearing has no direct environmental impacts.
STAFF RECOMMENDATION
Staff recommends continuation of this item by City Council to March 27, 2013.
u r b a n r e n e w a l a u t h o r i t y
Karen Weitkunat, Chairperson City Council Chambers
Kelly Ohlson, Vice-Chairperson City Hall West
Ben Manvel 300 LaPorte Avenue
Lisa Poppaw Fort Collins, Colorado
Aislinn Kottwitz
Wade Troxell
Gerry Horak Cablecast on City Cable Channel 14
on the Comcast cable system
Darin Atteberry, Executive Director
Steve Roy, City Attorney
Wanda Nelson, Secretary
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for
assistance.
URBAN RENEWAL AUTHORITY
BOARD OF COMMISSIONERS MEETING
Thursday, February 28, 2013
(after the Adjourned Council Meeting)
1. Call Meeting to Order.
2. Roll Call.
3. Citizen Participation
Individuals who wish to address the Board on items not specifically scheduled on the agenda must first
be recognized by the Chairperson or Vice Chair. Before speaking, please sign in at the table in the
back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow.
The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there
are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed for each
individual.
! State your name and address for the record.
! Applause, outbursts or other demonstrations by the audience are not allowed
! Keep comments brief; if available, provide a written copy of statement to Secretary
5. CITIZEN PARTICIPATION FOLLOW-UP
This is an opportunity for the Chairperson and Commissioners to follow-up on issues raised during
Citizen Participation.
DISCUSSION ITEMS
The method of debate for discussion items is as follows:
! Chairperson introduces the item number and subject; asks if formal presentation will be
made by staff
! Staff presentation (optional)
! Chairperson requests citizen comment on the item (five-minute limit for each citizen)
! Board questions of staff on the item
! Board motion on the item
! Board discussion
! Final Board comments
! Board vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Chairperson, to
ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the
room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz
again at the end of the speaker’s time.
6. Resolution No. 051 of the Board of the Commissioners of the Fort Collins Urban Renewal Authority
Adopting a Revised Relocation Assistance and Land Acquisition Policy for the Fort Collins Urban
Renewal Authority. (staff: Tom Leeson; 5 minute staff presentation; 30 minute discussion)
The URA adopted a Relocation Assistance and Land Acquisition Policy in October, 2012 that makes
eligible for relocation assistance persons to whom the URA is not required to provide assistance
under the URA statute. The amended policy limits the URA’s financial obligations to only those
required under the URA statute by requiring financial assistance only where the URA uses eminent
domain to acquire real property. The Resolution also authorizes the Executive Director to negotiate
relocation assistance in connection with voluntary acquisitions by the URA.
7. Other Business.
8. Adjournment.
DATE: February 28 5, 2013
STAFF: Tom Leeson
AGENDA ITEM SUMMARY
URBAN RENEWAL AUTHORITY 6
SUBJECT
Resolution No. 051 of the Board of the Commissioners of the Fort Collins Urban Renewal Authority Adopting a Revised
Relocation Assistance and Land Acquisition Policy for the Fort Collins Urban Renewal Authority.
EXECUTIVE SUMMARY
The URA adopted a Relocation Assistance and Land Acquisition Policy in October, 2012 that makes eligible for
relocation assistance persons to whom the URA is not required to provide assistance under the URA statute. The
amended policy limits the URA’s financial obligations to only those required under the URA statute by requiring
financial assistance only where the URA uses eminent domain to acquire real property. The Resolution also
authorizes the Executive Director to negotiate relocation assistance in connection with voluntary acquisitions by the
URA.
BACKGROUND / DISCUSSION
The URA adopted a Relocation Assistance and Land Acquisition Policy in October, 2012, to govern activities when
relocating individuals, families, businesses, non-profit organizations and personal property displaced by projects
funded, in whole or in part, by the URA. The adopted Policy would limit eligibility for financial relocation assistance to
persons who are required to relocate as a result of the acquisition of real property by the URA using eminent domain.
Providing financial assistance for relocations beyond the minimum required in the statute could have significant
financial ramifications for the URA and redevelopment projects eligible for URA assistance, and could substantially
reduce the effectiveness of the URA in promoting eradication of blight and redevelopment of blighted areas. For
example, persons who relocate when a redevelopment project moves forward would become eligible for assistance
once that project receives URA financial support.
The URA is required to have a Relocation Policy in connection with the use of eminent domain to transfer acquired
property to another private party. The amended policy limits the URA’s financial obligations under the Relocation
Assistance and Land Acquisition Policy to the level required in the URA statute (Redlined version of policy included
as Attachment 1).
Additionally, there may be times the URA chooses to acquire property through a negotiated process without utilizing
the power of eminent domain. These types of acquisitions may also result in the displacement of individuals, families,
businesses, and/or non-profit organizations. The URA is not required to provide assistance by the State in these
circumstances; however, the amended policy provides for possible negotiation of relocation assistance in these
circumstances. The Resolution authorizes the URA Executive Director to negotiate terms of relocation assistance and
financial support in connection with the negotiation of a voluntary acquisition of real property.
FINANCIAL / ECONOMIC IMPACTS
This proposal will decrease the potential economic impact to the URA. Limiting the relocation policy to provide financial
relocation assistance only when the URA uses its power of eminent domain to transfer acquired property to another
private party reduces the number of persons entitled to financial assistance; thereby, protecting the URA and those
redeveloping with assistance from the URA from incurring uncontrollably high costs that are not directly associated
with remediating blight.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution to approve the proposed 2013 URA Relocation Assistance and Land
Acquisition Policy.
February 28, 2013 -2- ITEM 6
PUBLIC OUTREACH
Staff discussed this item with the URA Board at a Work Session on February 26.
ATTACHMENTS
1. 2013 Redlined URA Relocation Assistance and Land Acquisition Policy
2. October 23, 2012 URA Board Minutes
1
FORT COLLINS URBAN RENEWAL AUTHORITY
Relocation Assistance and Land Acquisition Policy
(Adopted October 23, 2012, modified February 28 _______, 2013)
I. RELOCATION ASSISTANCE
The Fort Collins Urban Renewal Authority (URA) has adopted the following policies (the Policy) to
govern activitiesdescribe the responsibilities of the URA when the URA’s acquisition of real
property causes the relocation ofng individuals, families, businesses, non-profit organizations
and their personal property displaced by in connection with an urban renewal projects
financedunded, in whole or in part, by URA funding (“URA projects”). These policies have been
adopted by the URA to provide notice of acquisition policies and relocation assistance to
displaced persons and businessesentities, and to comply with Colorado Revised Statute 24-56-
101 through 11331-25-105.5, Colorado Revised Statutes (2012). (the Relocation Statute). The
Acquisition/Relocation Statute relies heavily on the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (the Uniform Act) and the implementing
regulations thereof including 49 CFR Part 24, US Department of Housing and Urban
Development (HUD) Handbook 1378. It is the URA’s policy that all persons or businesses
displaced by URA acquisition of real property by voluntary agreement will be provided such
assistance as may be negotiated in connection with such acquisition, as more fully described
below. It is further the URA’s policy that all persons or entities displaced by URA acquisition of
real property by eminent domain relocated as a result of a URA project will be treated uniformly
based on the policies set forth herein. For the purpose of this Policy, “displaced” means a
person who moves himself or herself or his or her personal property, or an entity that moves its
operation or personal property, from a real property as a direct result of a written notice of intent
to acquire from the URA or the acquisition of such real property, in whole or in part, by the URA.
A. SCOPE OF RELOCATION PROCESS ASSISTANCE AND SUPPORT
When property needed for a URA project is occupied, it may be necessary to displace the
occupants for the project to proceed. When the URA acquires real property in connection with a
URA project, Among other benefits, this Policy provides describes the relocation payments
assistance that may be available for persons displaced from their residencesresidents,
businesses and non-profit organizations that are displaced by that acquisition.
The URA Executive Director is authorized to negotiate terms of relocation assistance and
financial support, up to and including the types of support described in this Policy, in connection
with the negotiation of a voluntary acquisition of real property. Relocation assistance and
support is mandatory only for persons and entities displaced as a result of URA acquisition of
real property by eminent domain.
The financial support described in this Policy se payments includes moving expenses and
certain supplemental paymentss for increased costs at a replacement location. In addition, this
Policy provides protections for displaced persons such as requiring the availability of
replacement housing, minimum standards for such housing, and requirements for notices and
ATTACHMENT 1
2
informational materials. Also, under this Policy displaced persons are entitled to certain
"advisory services" to help them relocate and reestablish successfully.
The URA is committed to the successful relocation of those to be displaced by URA acquisition of
real property as a goal in ensuring the success of URA projects. To assist in achieving this goal,
this Policy contains the following five main components: Relocation Planning, Notices, Advisory
Services, Relocation Assistance Payments and Appeals.
B. RELOCATION PLANNING
Successful relocation requires planning. Housing resources must are needed to meet the needs
of displaced residents in terms of size, price, rental rate, location, and timely availability.
Advance notice of displacement, and appropriate aAdvisory services and various notices, some
with specific timing requirements, must be providedare needed. Businesses must be given
relocationneed timely assistance to ensure a minimum ofminimize disruption to operations.
Timely pPayments must be made to displaced persons residents at the time they are needed to
allow them to obtain replacement housing. Coordination with other displacement programs or
agencies may be necessary. All of tThese activities and requirements require planning. Since the
relocation of occupants displaced by URA real property acquisition may be one of the major
potential impacts of any URA project, the earlier such impacts are considered, the easier it will
eventually be to deal with challenges encountered. Early consideration of relocation impacts
may also influence the timing of a project. If a project displacement involves persons with
special needs such as the disabled or the elderly, will be displaced by a URA real property
acquisition, particular attention will be given to providing appropriate advisory services.
Therefore, it is URA policy that a Relocation Planthe URA will consider and plan appropriate
steps to addressing relocation impacts and possible solutions will be required early in the
developmental stages of a each URA project that will involve real property acquisition by the
URA.
C. NOTICES
The URA recognizes the need of displaced persons for information about the relocation process
and requires that certain information be provided to them. This information will be provided
through personal contact and through a series ofwritten notices for the purposes of minimizing
disruption and maximizing the chances of a successful relocation. Efforts will be made to ensure
that notices are reasonably accessible and appropriate for recipients with special
communications needs. The following are the primary notices that must be delivered in
connection with a URA project once the URA determines that it will take action to acquire real
property for the project:
1. General Information Notice – This notice is to be provided to potentially displaced
persons and entities as soon as the URA determines that it will take action to acquire
real property for a URA project. It is to be written in easily understood language and, if
appropriate, in a foreign language. The purpose of the notice is to provide a general
description of this Policy, including benefits, responsibilities and protections for
individuals and businesses that may be displaced as a result of acquisition of real
property by URA.
2. Notice of Relocation Eligibility – This notice will be provided later in the project when it
has been determined that particular persons or entities will be displaced. The time for
providing this notice is the initiation of negotiations; that is, the date of the first written
3
offer from the URA to acquire the real property at from which the person is an
occupantwould be displaced (residential or non-residential). If no acquisition of real
property is required, then a project start date will be determined by the URA. The notice
informs the occupant that he or she will is expected to be displaced as a result of the
proposed acquisition of real property by the URA for the project and, if applicable, that he
or she therefore, will will be eligible for relocation benefits, as applicable. The notice will
provide information regarding obtaining assistance and information regarding the type
and amounts of assistance and payments that may be available.
3. 90-Day Notice –Upon a determination of project start date, w Separately, or together with
the Notice of Relocation Eligibility, wWritten notice must be provided to occupants to be
displaced from real property to be acquired by the URA as a result of the URA’s
acquisition at least 90 days in advance of the earliest date the occupants will be
required to move of displacement. In the case of residential displacement resulting from
a URA real property acquisition, this notice can onlymay not be issued after ensuringuntil
the URA has ensured that at least one comparable replacement dwelling is available.
3. In addition, a 30-day notice will be delivered to the occupant no less than 30 days prior
to the specific day that the occupant will be required to move.
D. ADVISORY SERVICES
It is recognized that advisory services may be needed by persons and entities displaced by a real
property acquisition by the URA in order to relocation payments may not be sufficient to
minimize the hardships associated with displacement. of a move necessitated by an urban
renewal project. The URA will provide rRelocation advisory services will also be provided to assist
such displaced persons and entities. The aim of these services will be to provide displaced
persons and entities with information, counseling and advice as necessary to plan for and
managed the relocation process. Typical basic services, which will be made available to all
displaced persons and entities displaced by a real property acquisition by the URA, include:
Explanation that no person can be required to move from a dwelling as a result of real
property acquisition by URA for a URA project unless replacement housing is available to
such person.
Explanation of relocation services and appropriate payments (if applicable).
If eligible for relocation payments, eExplanation and discussion of eligibility requirements
for each relevant type of relocation payment and, at an appropriate time, determination
of eligibility for each displaced person or entity. Persons who are aliens not lawfully
present in the United States are not eligible, with certain limited exceptions, to receive
relocation payments or advisory services.
Determination of the needs and preferences of the person or entity to be displaced
through a personal interview.
Making everyDiligent efforts to meet identified needs, while recognizing the importance
of the each displaced person’s' or entity’s priorities and their desire, or lack of desire, for
assistance.
Provision of the following specific types of services, as appropriate:
Formatted: Tab stops: 0.5", Left
4
Current listings, including prices or rents, of replacement properties either
comparable to acquired dwellings or appropriate for displaced businesses.
Transportation for displaced persons to inspect potential relocation housing if they
are unable to do so on their own.
Information concerning Federal and State housing, disaster loan assistance (when
applicable), and other programs offering relocation or related types of assistance.
If eligible for relocation payments, aAssistance in obtaining and completing
applications or claim forms for relocation payment or other related assistance.
E. RELOCATION ASSISTANCE PAYMENTS
Relocation assistance payments will be available to persons and entities displaced as a result of
the use of eminent domain by the URA to acquire real property forby a URA projects. (“Eligible
Person” or “Eligible Persons’). There are two main categories of payments: residential and non-
residential. Within each category there are several types of payments to address expenses
incurred as a result of a required move. Any payments based on actual costs will be on a
reimbursement only basis, except as otherwise expressly provided. For any reimbursable
moving cost in excess of $5,000, at least three comparative bids or binding estimates must be
obtained and will be the basis for determining the reimbursement due for actual, reasonable
and necessary costs. Documentation of any costs incurred for which reimbursement will be
requested must be obtained and maintained by the person seeking reimbursement, and must
be made available to the URA for review, upon request, as a condition of reimbursement.
In any case where the use of eminent domain by the URA to acquire real property for a URA
project displaces individuals, families, or business concerns, it is the policy of the URA to make
reasonable efforts to relocate such individuals, families, or business concerns within the urban
renewal area, where such relocation is consistent with the uses provided in the urban renewal
plan, or in areas within reasonable proximity of, or comparable to, the original location of such
individuals, families, or business concerns.
Residential Displacements
Moving and related expenses – This includes payment to an Eligible Person for the actual,
reasonable cost to move personal property from real property acquired by URA. A property
ownerThe Eligible Person may have a commercial mover move personal property or may elect to
move the personal property her/himself. The property ownerEligible Person also has the option
to be paid on the basis of a schedule published by the Federal Highway Administration (FHWA)
rather than on the basis of actual costs (a copy of the schedule is available on the FHWA website
at http://www.fhwa.dot.gov/realestate/index.htm).
Payments For Actual, Reasonable Moving And Related Expenses include the reasonable and
necessary costs for:
Transportation costs to the new site within a 50 mile radius.
Packing, moving and unpacking of household goods.
5
Disconnecting and reconnecting household appliances and other personal property
(examples: telephone and cable TV).
Storage of household goods moved from the real property acquired by the URA, as may
be necessary, for a period not to exceed thirty days after completion of a covered
relocation.
Insurance for the replacement value of the relocated persons’ property during the move
and necessary storage.
The replacement value of property lost, stolen or damaged in the move (but not through
owner neglect) if insurance is not reasonably available.
Replacement housing payment – This is a payment to an Eligible Person for the difference, if
any, between the actual acquisition price or rent plus utilities of a comparable replacement
dwelling and the acquisition price or rent plus utilities of the dwelling from which the occupant is
being displaced as a result of real property acquisition by URA (or, in the case of financial need,
30% of the household’s gross monthly income). The minimum number of months used to
determine rent differential payment is 42, but this may increase to 60 months depending on the
nature of the project. See 49 CFR Part 24, US Department of Housing and Urban Development
(HUD) Handbook 1378,HUD Handbook 1378 Chapter 7 Section 104(d) Relocation
Requirements, for more information. Additionally, increased mortgage interest costs and
selected incidental expenses (settlement costs) also may be eligible. As modified by the policies
stated herein, Tthese payments are made based on certain eligibility requirements found in 49
CFR Part 24 and under statutory caps of $5,250.00 for 90-day occupants and $22,500.00 for
180-day owners.
For displaced Eligible Persons who are homeowners who have owned and occupied their
property for more than 180 days, a replacement housing payment will be calculated and made
available based on the criteria contained in the HUD Handbook 1378 Section 3-3.
For displaced Eligible Persons who are homeowners or tenants who have occupied their
dwellings for more than 90 days, a replacement housing payment will be calculated and made
available based on the criteria contained in the HUD Handbook 1378 Section 3-4 as modified by
the policies stated herein.
For displaced Eligible Ppersons who have not occupied their dwellings for more than 90 days, a
replacement housing payment may be calculated and made available based on the criteria
contained in the HUD Handbook 1378 Section 3-5 as modified by the policies stated herein.
When payments under the caps are insufficient to provide a comparable replacement dwelling
for an Eligible Person in a timely and cost-effective manner, Last Resort Housing Measures may
be implemented based on the criteria set forth in the HUD Handbook 1378 Section 3-6 as
modified by the policies stated herein.
Replacement Housing Standards - Replacement housing made available to displaced Eligible
Ppersons must meet certain standards. These standards are contained in the interrelated
concepts of "decent, safe, and sanitary housing" and "comparable replacement housing."
6
The phrase "decent, safe, and sanitary (DSS)" refers to the physical condition of the replacement
dwelling. In general, a dwelling that meets the standards of the local housing or occupancy code
and the minimum requirements of the Federal regulation, will be DSS.
The phrase "comparable replacement dwelling" means a dwelling which meets the following
criteria:
1. Decent, safe, and sanitary, as described previously.
2. Functionally equivalent to the displacement dwelling.
3. Adequate in size to accommodate the displaced person(s).
4. Located in an area that is:
a. Not subject to unreasonable adverse environmental conditions;
b. Generally not less desirable than the location of the displacement dwelling with
regard to public utilities and commercial and public facilities;
c. Reasonably accessible to the displaced person's place of employment.
5. Located on a typical residential site.
6. Currently available to the displaced person(s).
7. Within the financial means of the displaced person(s).
No person displaced by URA real property acquisition may be required to move from a dwelling
unless he or she has been offered an available comparable replacement dwelling. In carrying
out this requirement, every displaced person must be offered at least one comparable
replacement dwelling and, if possible, three. The comparable replacement dwelling will form the
basis of the computation of the Replacement Housing payment.
Business and Non-Profit Displacements (non-residential)
1. Relocation payments for actual moving and related expenses of Eligible Persons that are
businesses and non-profit entities include reasonable and necessary costs, not to
exceed $50,000 (unless the displaced non-residential person has in advance shown
good cause for why this limit is not sufficient to cover reasonable and necessary costs
and the URA has accordingly established an increased limit based on said showing) of:
Transportation of personal property from their present location to the replacement
location. (Generally, transportation costs are limited to a distance of 50 miles. If the
business plans to move beyond 50 miles, in order to be eligible for reimbursement of
related expenses, the details of the planned move must be reviewed in advance with
the URA.)
7
Packing, crating, uncrating, and unpacking the personal property.
Disconnecting, dismantling, removing, reassembling, and installing relocated and
"substitute" machinery, equipment and other personal property. This includes
connection to utilities available nearby. It also includes modifications to the personal
property that are necessary to adapt it to the replacement structure, the replacement
site or the utilities at the replacement site and modifications necessary to adapt the
utilities at the replacement site to the personal property.
Storage of personal property of the Eligible Person moved from the real property
acquired by the URA, as may be necessary, for a period not to exceed thirty days after
completion of a covered relocation.for a reasonable period of time, if required.
Insurance for the replacement value of the personal property in connection with the
move and necessary storage. Where insurance is not available on reasonable terms,
the URA project may elect to "self-insure" the replacement value of property lost,
stolen, or damaged in the move (but property lost, stolen or damaged as a result of
the neglect of the displaced person is not covered by this policy).
Any license, permit or certification required of the displaced Eligible Pperson at the
replacement location. However, the cost must be reasonable and necessary to
reestablishment at the replacement location and the payment may be based on the
remaining useful life of the existing license, permit, or certification.
Professional services to the Eligible Person that are, necessary for (1) planning the
move of the personal property, (2) moving the personal property, or (3) installing
relocated or "substitute" personal property at the replacement location.
Relettering signs and replacing stationery on hand at the time of the displacement
and made obsolete as a result of the move.
The reasonable cost incurred by the Eligible Person in attempting to sell an item that
is not relocated.
Actual direct loss by the Eligible Person of tangible personal property. This payment
provides compensation for property that is neither moved nor promptly replaced with
a "substitute" item at the replacement location. Payment is limited to the lesser of:
(1) the estimated cost of moving and reinstalling the personal property or (2) the
market value of the property for its continued use at the old location, less any
proceeds from its sale. To be eligible, the business must make a good faith effort to
sell the property, unless the URA determines that such effort is not necessary.
Payment for the loss of goods held for sale shall not exceed the cost of the goods to
the displaced person.
Purchase and installation of "substitute" personal property. This payment is made
when an item of personal property is not moved but is promptly replaced with a
substitute item that performs a comparable function at the replacement site.
Payment will be limited to the lesser of: (1) the estimated cost of moving and
8
reinstalling the item, or (2) the actual cost of the substitute item delivered and
installed at the replacement location, less any proceeds from the sale or trade-in of
the replaced item. It is important that the business discuss its plans with the URA
before it proceeds.
2. Relocation Payments for Reestablishment Expenses include reasonable and necessary
costs incurred by an Eligible Person as a result of displacement from real property
acquired by the URA, not to exceed $10,000, including reasonable and necessary costs
forof:
Repairs or improvements to the replacement real property as required by Federal,
State or local law, code or ordinance.
Modifications to the replacement property to accommodate the business operation
or make a replacement structure suitable for conducting the business.
Construction and installation costs for exterior signs to advertise the business.
Provision of utilities from the right-of-way to improvements on the replacement site.
Redecoration or replacement of soiled or worn surfaces at the replacement site, such
as paint, paneling or carpeting.
Licenses, fees and permits that are not paid as part of moving expenses.
Feasibility surveys, soil testing and marketing studies.
Advertisement of the replacement location.
Professional services and incidental expenses incurred by the Eligible Person in
connection with the purchase or lease of a replacement property.
Estimated increased costs of operation by the Eligible Person during the first two
years at the replacement site for such items as (1) lease or rental charges, (2)
personal or real property taxes, (3) insurance premiums, and (4) utility charges,
excluding impact fees.
Impact fees or one-time assessments for anticipated heavy utility usage resulting
from the displacement.
3. Relocation Payments for Search Costs include reasonable and necessary costs incurred
by an Eligible Person as a result of displacement from real property acquired by the URA
up to $1,000, for of expenses incurred in connection with searching for a replacement
location, including. It covers reasonable and necessary costs for:
Transportation expenses;
9
Time spent searching for a replacement location, based on reasonable salary or
earnings;
Reasonable fees paid to a real estate agent or broker to find a replacement location
(not fees related to the purchase of the site); and
Meals and lodging away from home.
4. Certain types of Eligible Persons that are businesses, non-profit organizations and or
farms are eligible to obtain a Fixed Payment (Alternative Allowance). If a businessan
Eligible Person receives this payment, it will not receive a Payment for Actual Reasonable
Moving and Related Expenses or a Payment for Reestablishment and Site Search
Expenses. The Fixed Payment to a business or farm operation is based on the average
annual net earnings of the business or farm operation; the Fixed Payment to a non-profit
organization is based on average annual expenses and revenue. A Fixed Payment will not
be less than $1,000 or more than $20,000.
4.5. Eligible Persons that are business concerns are eligible for a business
interruption payment 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 for
the business concern.
Formatted: Indent: Left: 0.5", No bullets or
numbering
Formatted: Tab stops: 0.5", Left
10
E. APPEALS
An individual or entity may disagree with the a decision of the URA regarding relocation
assistance decisions made pursuant to this Policy, and may seek recourse in the form of an
appeal of such a decisions. The following summarizes the URA’s appeal process:
1. General. The URA shall promptly review all each written appeals in accordance with
applicable law, regulations and the following policies. The URA shall consider a written
appeal regardless of form.
2. Actions Which May Be Appealed. A person may file an appeal with the URA in any case in
which the person believes that the URA has failed to:
Properly determine that the person qualifies, or will qualify (upon moving), as a
displaced person displaced as a result of the use of eminent domain by the URA to
acquire real property for a URA project who is eligible for relocation assistance;
In the case of an Eligible Person, pProperly determined the amount of any relocation
payment required by this pPolicy;
In the case of an Eligible Person, pProvide appropriate referrals to comparable
replacement dwellings or inspect the replacement dwelling in a timely manner; or
In the case of an Eligible Person, properly approve a request to wWaive the time limit
for (a) the filing of a claim or an appeal or (b) purchasing, renting or occupying a
replacement dwelling.
3. Time Limit for Initiating Appeal. The time limit for receipt by the URA of a written appeal
under this Policy is 60 days after the displaced person receives written notification of the
URA’s determination on the person’s claim. On a case-by-case basis, and for good cause,
the URA Executive Director may extend such time limit.
4. Right to Representation. A person has a right to be represented by legal counsel or other
representative in connection with his or her appeal, but solely at the person’s own
expense. (If a lower income person is unable to prepare a written appeal or requires
assistance in preparing an appeal, the URA shall may provide such assistance and/or
refer the person to an appropriate third party who will provide such assistance at no cost
to the person, e.g., certain citizen groups, tenant unions, neighborhood legal service or
urban league.)
5. Review of Records by Person Making Appeal. The URA shall permit a person to inspect
and copy all material pertinent to his or her appeal, except materials which the URA
determines may not be disclosed to the person for reasons of confidentiality in
accordance with applicable law. The URA may impose reasonable conditions on the
person’s right to inspect, consistent with applicable law.
6. Agency Official Reviewing Appeal. The URA official conducting the review of the appeal
shall be either the Executive Director of URA or his or her authorized designee. However,
the reviewing official shall not have been directly involved in the action appealed.
11
7. Scope of Review of Appeal. In deciding an appeal, the reviewing official shall consider all
pertinent justification and other material submitted by the person bringing the appeal,
and all other available information that the reviewing official determines is needed to
ensure a fair and full review of the appeal.
8. Determination and Notification after Appeal. Promptly after receipt of all information
submitted by a the person bringing the appeal in support of an appeal, the reviewing
official shall schedule a hearing to consider the appeal. The person bringing the appeal
shall be given at least 14 days written notice of the time and place of the hearing. The
person bringing the appeal and the URA may submit written or oral testimony in support
of the respective position, in accordance with the procedures established by the
reviewing official. The proceedings will be recorded in such a manner as will allow a
transcript of the proceedings to be prepared. The reviewing official shall make a written
determination on the appeal, including an explanation of the basis on which the decision
was made, and shall furnish a copy of the determination on appeal to the person
bringing the appeal with a copy. If the full relief requested is not granted, the reviewing
official, or the URA, shall advise the person of his or her right to seek judicial review of
the determination on appeal.
9. Judicial Review. The person bringing the appeal shall have the right to seek judicial
review of the reviewing official’s decision determination on appeal pursuant to C.R.C.P.
106(a)(4).
II. LAND ACQUISITION
The following policies apply when the URA intends to acquire real property by use of eminent
domain:
1. Every reasonable effort shall be made to expeditiously acquire the property by
negotiation.
2. Prior to initiation of negotiations by the URA, the property shall be appraised. The owner
or owner’s representative shall be afforded a reasonablen opportunity to accompany the
appraiser when he or she inspects the property. The appraisal may be waived if the case
involves the acquisition by sale or donation of property with a fair market value of less
than five thousand dollars ($5,000).
3. Before the URA initiates negotiations for acquisition, the URA shall determine an amount
it reasonably believes to represent just compensation for the property, and shall offer
that amount for the property; in no event shall the amount offered be less than the
approved appraisal of the fair market value. Fair market value shall be determined
based on the value prior to any public improvements for which the property is being
acquired. The offer shall be in writing and include a summary of the basis for the amount
established as just compensation, which shall separately state damages to the owner’s
remainder property, if any.
12
4. The owner of the property to be acquired shall not be required to surrender possession
of the property before the agreed purchase price is paid or before there is a deposit with
the court for the amount awarded as a result of condemnation proceedings.
5. If an owner or tenant is permitted to occupy the real property on a rental basis, the
amount of rent shall not exceed the fair rental value of the property.
6. If a real property is to be acquired by exercise of the power of eminent domain, formal
condemnation proceedings shall be authorized by the URA Board of Commissioners prior
to initiation instituted by the URA.
7. If the acquisition of only part of the property would leave the owner with an
uneconomical remnant, an offer to acquire the entire property shall be made.
URBAN RENEWAL AUTHORITY ATTACHMENT 2
RESOLUTION NO. 051
OF THE BOARD OF COMMISSIONERS OF THE
FORT COLLINS URBAN RENEWAL AUTHORITY
ADOPTING A REVISED RELOCATION ASSISTANCE AND
LAND ACQUISITION POLICY
FOR THE FORT COLLINS URBAN RENEWAL AUTHORITY
WHEREAS, the Board of Commissioners of the Fort Collins Urban Renewal Authority
(the “Board”) has previously adopted general policies for the Fort Collins Urban Renewal
Authority (the “Authority”); and
WHEREAS, in addition to general policies, Authority staff has recommended that the
Authority have in place a Relocation Assistance and Land Acquisition Policy consistent with the
provisions of the Colorado Urban Renewal Law, Sections 31-25-101, et seq., Colorado Revised
Statutes; and
WHEREAS, the Board on October 23, 2012, adopted Resolution No. 046, which
adopting a Relocation Assistance and Land Acquisition Policy (the “Current Policy”); and
WHEREAS, Authority staff has reviewed the Current Policy, and has identified
improvements and clarifications that will be beneficial for the effectiveness of the Authority in
promoting eradication of blight and redevelopment of urban renewal plan areas in the City; and
WHEREAS, a revised Fort Collins Urban Renewal Authority Relocation Assistance and
Land Acquisition Policy for Board consideration, incorporating the improvements and
clarifications that staff has identified, is attached hereto as Exhibit “A” and incorporated herein
(the “Policy”).
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows:
Section 1. That the Board hereby adopts as Authority policy the Fort Collins Urban
Renewal Authority Relocation Assistance and Land Acquisition Policy, attached hereto as
Exhibit “A” and incorporated herein by this reference, to replace and supersede the Current
Policy.
Section 2. That the Board hereby authorizes the Authority Executive Director to
negotiate terms of relocation assistance and financial support, up to and including the types of
support described in the Policy, in connection with the negotiation of a voluntary acquisition of
real property by the Authority.
Passed and adopted at a regular meeting of the Board of Commissioners of the City of
Fort Collins Urban Renewal Authority this 28th day of February A.D. 2013.
Chairperson
ATTEST:
Secretary
1
FORT COLLINS URBAN RENEWAL AUTHORITY
Relocation Assistance and Land Acquisition Policy
(Adopted October 23, 2012, modified February 28, 2013)
I. RELOCATION ASSISTANCE
The Fort Collins Urban Renewal Authority (URA) has adopted the following policies (the Policy) to
describe the responsibilities of the URA when the URA’s acquisition of real property causes the
relocation of individuals, families, businesses, non-profit organizations and their personal
property in connection with an urban renewal project financed, in whole or in part, by URA
funding (“URA project”). These policies have been adopted by the URA to provide notice of
acquisition policies and relocation assistance to displaced persons and entities, and to comply
with 31-25-105.5, Colorado Revised Statutes (2012). It is the URA’s policy that all persons or
businesses displaced by URA acquisition of real property by voluntary agreement will be
provided such assistance as may be negotiated in connection with such acquisition, as more
fully described below. It is further the URA’s policy that all persons or entities displaced by URA
acquisition of real property by eminent domain will be treated uniformly based on the policies
set forth herein. For the purpose of this Policy, “displaced” means a person who moves himself
or herself or his or her personal property, or an entity that moves its operation or personal
property, from a real property as a direct result of a written notice of intent to acquire from the
URA or the acquisition of such real property, in whole or in part, by the URA.
A. SCOPE OF RELOCATION ASSISTANCE AND SUPPORT
When the URA acquires real property in connection with a URA project, this Policy describes the
relocation assistance that may be available for residents, businesses and non-profit
organizations that are displaced by that acquisition.
The URA Executive Director is authorized to negotiate terms of relocation assistance and
financial support, up to and including the types of support described in this Policy, in connection
with the negotiation of a voluntary acquisition of real property. Relocation assistance and
support is mandatory only for persons and entities displaced as a result of URA acquisition of
real property by eminent domain.
The financial support described in this Policy includes moving expenses and certain
supplemental payments for increased costs at a replacement location. In addition, this Policy
provides protections for displaced persons such as requiring the availability of replacement
housing, minimum standards for such housing, and requirements for notices and informational
materials. Also, under this Policy displaced persons are entitled to certain "advisory services" to
help them relocate and reestablish successfully.
The URA is committed to the successful relocation of those to be displaced by URA acquisition of
real property as a goal in ensuring the success of URA projects. To assist in achieving this goal,
this Policy contains the following five main components: Relocation Planning, Notices, Advisory
Services, Relocation Assistance Payments and Appeals.
EXHIBIT A
2
B. RELOCATION PLANNING
Successful relocation requires planning. Housing resources are needed to meet the needs of
displaced residents in terms of size, price, rental rate, location, and timely availability. Advance
notice of displacement, and appropriate advisory services are needed. Businesses need timely
assistance to minimize disruption to operations. Timely payments to displaced residents are
needed to allow them to obtain replacement housing. Coordination with other displacement
programs or agencies may be necessary. All of these activities and requirements require
planning. Since the relocation of occupants displaced by URA real property acquisition may be
one of the major potential impacts of any URA project, the earlier such impacts are considered,
the easier it will eventually be to deal with challenges encountered. Early consideration of
relocation impacts may also influence the timing of a project. If persons with special needs such
as the disabled or the elderly will be displaced by a URA real property acquisition, particular
attention will be given to providing appropriate advisory services. Therefore, it is URA policy that
the URA will consider and plan appropriate steps to address relocation impacts and possible
solutions early in the developmental stages of each URA project that will involve real property
acquisition by the URA.
C. NOTICES
The URA recognizes the need of displaced persons for information about the relocation process
and requires that certain information be provided to them. This information will be provided
through personal contact and through written notices for the purposes of minimizing disruption
and maximizing the chances of a successful relocation. Efforts will be made to ensure that
notices are reasonably accessible and appropriate for recipients with special communications
needs. The following are the primary notices that must be delivered in connection with a URA
project once the URA determines that it will take action to acquire real property for the project:
1. General Information Notice – This notice is to be provided to potentially displaced
persons and entities as soon as the URA determines that it will take action to acquire
real property for a URA project. It is to be written in easily understood language and, if
appropriate, in a foreign language. The purpose of the notice is to provide a general
description of this Policy, including benefits, responsibilities and protections for
individuals and businesses that may be displaced as a result of acquisition of real
property by URA.
2. Notice of Relocation Eligibility – This notice will be provided later in the project when it
has been determined that particular persons or entities will be displaced. The time for
providing this notice is the initiation of negotiations; that is, the date of the first written
offer from the URA to acquire the real property from which the person would be displaced
(residential or non-residential). The notice informs the occupant that he or she is
expected to be displaced as a result of the proposed acquisition of real property by the
URA for the project and, if applicable, that he or she will be eligible for relocation
benefits. The notice will provide information regarding obtaining assistance and
information regarding the type and amounts of assistance and payments that may be
available.
3. 90-Day Notice – Separately, or together with the Notice of Relocation Eligibility, written
notice must be provided to occupants to be displaced from real property to be acquired
by the URA as a result of the URA’s acquisition at least 90 days in advance of the earliest
date of displacement. In the case of residential displacement resulting from a URA real
3
property acquisition, this notice may not be issued until the URA has ensured that at
least one comparable replacement dwelling is available.
D. ADVISORY SERVICES
It is recognized that advisory services may be needed by persons and entities displaced by a real
property acquisition by the URA in order to minimize the hardships associated with
displacement. The URA will provide relocation advisory services to assist such displaced persons
and entities. The aim of these services will be to provide displaced persons and entities with
information, counseling and advice as necessary to plan for and managed the relocation
process. Typical basic services, which will be made available to persons and entities displaced
by a real property acquisition by the URA, include:
Explanation that no person can be required to move from a dwelling as a result of real
property acquisition by URA for a URA project unless replacement housing is available to
such person.
Explanation of relocation services and appropriate payments (if applicable).
If eligible for relocation payments, explanation and discussion of eligibility requirements
for each relevant type of relocation payment and, at an appropriate time, determination
of eligibility for each displaced person or entity. Persons who are aliens not lawfully
present in the United States are not eligible, with certain limited exceptions, to receive
relocation payments or advisory services.
Determination of the needs and preferences of the person or entity to be displaced
through a personal interview.
Diligent efforts to meet identified needs, while recognizing the importance of each
displaced person’s or entity’s priorities and desire, or lack of desire, for assistance.
Provision of the following specific types of services, as appropriate:
Current listings, including prices or rents, of replacement properties either
comparable to acquired dwellings or appropriate for displaced businesses.
Transportation for displaced persons to inspect potential relocation housing if they
are unable to do so on their own.
Information concerning Federal and State housing, disaster loan assistance (when
applicable), and other programs offering relocation or related types of assistance.
If eligible for relocation payments, assistance in obtaining and completing
applications or claim forms for relocation payment or other related assistance.
E. RELOCATION ASSISTANCE PAYMENTS
Relocation assistance payments will be available to persons and entities displaced as a result of
the use of eminent domain by the URA to acquire real property for a URA project (“Eligible
Person” or “Eligible Persons’). There are two main categories of payments: residential and non-
4
residential. Within each category there are several types of payments to address expenses
incurred as a result of a required move. Any payments based on actual costs will be on a
reimbursement only basis, except as otherwise expressly provided. For any reimbursable
moving cost in excess of $5,000, at least three comparative bids or binding estimates must be
obtained and will be the basis for determining the reimbursement due for actual, reasonable
and necessary costs. Documentation of any costs incurred for which reimbursement will be
requested must be obtained and maintained by the person seeking reimbursement, and must
be made available to the URA for review, upon request, as a condition of reimbursement.
In any case where the use of eminent domain by the URA to acquire real property for a URA
project displaces individuals, families, or business concerns, it is the policy of the URA to make
reasonable efforts to relocate such individuals, families, or business concerns within the urban
renewal area, where such relocation is consistent with the uses provided in the urban renewal
plan, or in areas within reasonable proximity of, or comparable to, the original location of such
individuals, families, or business concerns.
Residential Displacements
Moving and related expenses – This includes payment to an Eligible Person for the actual,
reasonable cost to move personal property from real property acquired by URA. The Eligible
Person may have a commercial mover move personal property or may elect to move the
personal property her/himself. The Eligible Person also has the option to be paid on the basis of
a schedule published by the Federal Highway Administration (FHWA) rather than on the basis of
actual costs (a copy of the schedule is available on the FHWA website at
http://www.fhwa.dot.gov/realestate/index.htm).
Payments For Actual, Reasonable Moving And Related Expenses include the reasonable and
necessary costs for:
Transportation costs to the new site within a 50 mile radius.
Packing, moving and unpacking of household goods.
Disconnecting and reconnecting household appliances and other personal property
(examples: telephone and cable TV).
Storage of household goods moved from the real property acquired by the URA, as may
be necessary, for a period not to exceed thirty days after completion of a covered
relocation.
Insurance for the replacement value of the relocated persons’ property during the move
and necessary storage.
The replacement value of property lost, stolen or damaged in the move (but not through
owner neglect) if insurance is not reasonably available.
Replacement housing payment – This is a payment to an Eligible Person for the difference, if
any, between the actual acquisition price or rent plus utilities of a comparable replacement
dwelling and the acquisition price or rent plus utilities of the dwelling from which the occupant is
5
being displaced as a result of real property acquisition by URA (or, in the case of financial need,
30% of the household’s gross monthly income). The minimum number of months used to
determine rent differential payment is 42, but this may increase to 60 months depending on the
nature of the project. See 49 CFR Part 24, US Department of Housing and Urban Development
(HUD) Handbook 1378, Chapter 7 Section 104(d) Relocation Requirements, for more
information. Additionally, increased mortgage interest costs and selected incidental expenses
(settlement costs) also may be eligible. As modified by the policies stated herein, these
payments are made based on certain eligibility requirements found in 49 CFR Part 24 and under
statutory caps of $5,250.00 for 90-day occupants and $22,500.00 for 180-day owners.
For Eligible Persons who are homeowners who have owned and occupied their property for more
than 180 days, a replacement housing payment will be calculated and made available based on
the criteria contained in the HUD Handbook 1378 Section 3-3.
For Eligible Persons who are homeowners or tenants who have occupied their dwellings for more
than 90 days, a replacement housing payment will be calculated and made available based on
the criteria contained in the HUD Handbook 1378 Section 3-4 as modified by the policies stated
herein.
For Eligible Persons who have not occupied their dwellings for more than 90 days, a
replacement housing payment may be calculated and made available based on the criteria
contained in the HUD Handbook 1378 Section 3-5 as modified by the policies stated herein.
When payments under the caps are insufficient to provide a comparable replacement dwelling
for an Eligible Person in a timely and cost-effective manner, Last Resort Housing Measures may
be implemented based on the criteria set forth in the HUD Handbook 1378 Section 3-6 as
modified by the policies stated herein.
Replacement Housing Standards - Replacement housing made available to Eligible Persons
must meet certain standards. These standards are contained in the interrelated concepts of
"decent, safe, and sanitary housing" and "comparable replacement housing."
The phrase "decent, safe, and sanitary (DSS)" refers to the physical condition of the replacement
dwelling. In general, a dwelling that meets the standards of the local housing or occupancy code
and the minimum requirements of the Federal regulation, will be DSS.
The phrase "comparable replacement dwelling" means a dwelling which meets the following
criteria:
1. Decent, safe, and sanitary, as described previously.
2. Functionally equivalent to the displacement dwelling.
3. Adequate in size to accommodate the displaced person(s).
4. Located in an area that is:
a. Not subject to unreasonable adverse environmental conditions;
6
b. Generally not less desirable than the location of the displacement dwelling with
regard to public utilities and commercial and public facilities;
c. Reasonably accessible to the displaced person's place of employment.
5. Located on a typical residential site.
6. Currently available to the displaced person(s).
7. Within the financial means of the displaced person(s).
No person displaced by URA real property acquisition may be required to move from a dwelling
unless he or she has been offered an available comparable replacement dwelling. In carrying
out this requirement, every displaced person must be offered at least one comparable
replacement dwelling and, if possible, three. The comparable replacement dwelling will form the
basis of the computation of the Replacement Housing payment.
Business and Non-Profit Displacements (non-residential)
1. Relocation payments for actual moving and related expenses of Eligible Persons that are
businesses and non-profit entities include reasonable and necessary costs, not to
exceed $50,000 (unless the displaced non-residential person has in advance shown
good cause for why this limit is not sufficient to cover reasonable and necessary costs
and the URA has accordingly established an increased limit based on said showing) of:
Transportation of personal property from their present location to the replacement
location. (Generally, transportation costs are limited to a distance of 50 miles. If the
business plans to move beyond 50 miles, in order to be eligible for reimbursement of
related expenses, the details of the planned move must be reviewed in advance with
the URA.)
Packing, crating, uncrating, and unpacking the personal property.
Disconnecting, dismantling, removing, reassembling, and installing relocated and
"substitute" machinery, equipment and other personal property. This includes
connection to utilities available nearby. It also includes modifications to the personal
property that are necessary to adapt it to the replacement structure, the replacement
site or the utilities at the replacement site and modifications necessary to adapt the
utilities at the replacement site to the personal property.
Storage of personal property of the Eligible Person moved from the real property
acquired by the URA, as may be necessary, for a period not to exceed thirty days after
completion of a covered relocation.
Insurance for the replacement value of the personal property in connection with the
move and necessary storage. Where insurance is not available on reasonable terms,
the URA project may elect to "self-insure" the replacement value of property lost,
stolen, or damaged in the move (but property lost, stolen or damaged as a result of
the neglect of the displaced person is not covered by this policy).
7
Any license, permit or certification required of the Eligible Person at the replacement
location. However, the cost must be reasonable and necessary to reestablishment at
the replacement location and the payment may be based on the remaining useful life
of the existing license, permit, or certification.
Professional services to the Eligible Person that are necessary for (1) planning the
move of the personal property, (2) moving the personal property, or (3) installing
relocated or "substitute" personal property at the replacement location.
Relettering signs and replacing stationery on hand at the time of the displacement
and made obsolete as a result of the move.
The reasonable cost incurred by the Eligible Person in attempting to sell an item that
is not relocated.
Actual direct loss by the Eligible Person of tangible personal property. This payment
provides compensation for property that is neither moved nor promptly replaced with
a "substitute" item at the replacement location. Payment is limited to the lesser of:
(1) the estimated cost of moving and reinstalling the personal property or (2) the
market value of the property for its continued use at the old location, less any
proceeds from its sale. To be eligible, the business must make a good faith effort to
sell the property, unless the URA determines that such effort is not necessary.
Payment for the loss of goods held for sale shall not exceed the cost of the goods to
the displaced person.
Purchase and installation of "substitute" personal property. This payment is made
when an item of personal property is not moved but is promptly replaced with a
substitute item that performs a comparable function at the replacement site.
Payment will be limited to the lesser of: (1) the estimated cost of moving and
reinstalling the item, or (2) the actual cost of the substitute item delivered and
installed at the replacement location, less any proceeds from the sale or trade-in of
the replaced item. It is important that the business discuss its plans with the URA
before it proceeds.
2. Relocation Payments for Reestablishment Expenses include reasonable and necessary
costs incurred by an Eligible Person as a result of displacement from real property
acquired by the URA, not to exceed $10,000, including reasonable and necessary costs
for:
Repairs or improvements to the replacement real property as required by Federal,
State or local law, code or ordinance.
Modifications to the replacement property to accommodate the business operation
or make a replacement structure suitable for conducting the business.
Construction and installation costs for exterior signs to advertise the business.
8
Provision of utilities from the right-of-way to improvements on the replacement site.
Redecoration or replacement of soiled or worn surfaces at the replacement site, such
as paint, paneling or carpeting.
Licenses, fees and permits that are not paid as part of moving expenses.
Feasibility surveys, soil testing and marketing studies.
Advertisement of the replacement location.
Professional services and incidental expenses incurred by the Eligible Person in
connection with the purchase or lease of a replacement property.
Estimated increased costs of operation by the Eligible Person during the first two
years at the replacement site for such items as (1) lease or rental charges, (2)
personal or real property taxes, (3) insurance premiums, and (4) utility charges,
excluding impact fees.
Impact fees or one-time assessments for anticipated heavy utility usage resulting
from the displacement.
3. Relocation Payments for Search Costs include reasonable and necessary costs incurred
by an Eligible Person as a result of displacement from real property acquired by the URA
up to $1,000, for searching for a replacement location, including reasonable and
necessary costs for:
Transportation expenses;
Time spent searching for a replacement location, based on reasonable salary or
earnings;
Reasonable fees paid to a real estate agent or broker to find a replacement location
(not fees related to the purchase of the site); and
Meals and lodging away from home.
4. Certain types of Eligible Persons that are businesses, non-profit organizations or farms
are eligible to obtain a Fixed Payment (Alternative Allowance). If an Eligible Person
receives this payment, it will not receive a Payment for Actual Reasonable Moving and
Related Expenses or a Payment for Reestablishment and Site Search Expenses. The
Fixed Payment to a business or farm operation is based on the average annual net
earnings of the business or farm operation; the Fixed Payment to a non-profit
organization is based on average annual expenses and revenue. A Fixed Payment will not
be less than $1,000 or more than $20,000.
5. Eligible Persons that are business concerns are eligible for a business interruption
payment not to exceed the lesser of $10,000 or one-fourth of the average annual
9
taxable income shown on the three most recent federal income tax returns for the
business concern.
E. APPEALS
An individual or entity may disagree with a decision of the URA regarding relocation assistance
pursuant to this Policy, and may seek recourse in the form of an appeal of such a decision. The
following summarizes the URA’s appeal process:
1. General. The URA shall promptly review each written appeal in accordance with
applicable law, regulations and the following policies. The URA shall consider a written
appeal regardless of form.
2. Actions Which May Be Appealed. A person may file an appeal with the URA in any case in
which the person believes that the URA has failed to:
Properly determine that the person qualifies, or will qualify (upon moving), as a
person displaced as a result of the use of eminent domain by the URA to acquire real
property for a URA project who is eligible for relocation assistance;
In the case of an Eligible Person, properly determine the amount of any relocation
payment required by this Policy;
In the case of an Eligible Person, provide appropriate referrals to comparable
replacement dwellings or inspect the replacement dwelling in a timely manner; or
In the case of an Eligible Person, properly approve a request to waive the time limit
for (a) the filing of a claim or an appeal or (b) purchasing, renting or occupying a
replacement dwelling.
3. Time Limit for Initiating Appeal. The time limit for receipt by the URA of a written appeal
under this Policy is 60 days after the displaced person receives written notification of the
URA’s determination on the person’s claim. On a case-by-case basis, and for good cause,
the URA Executive Director may extend such time limit.
4. Right to Representation. A person has a right to be represented by legal counsel or other
representative in connection with his or her appeal, but solely at the person’s own
expense. (If a lower income person is unable to prepare a written appeal or requires
assistance in preparing an appeal, the URA may provide such assistance and/or refer
the person to an appropriate third party who will provide such assistance at no cost to
the person.)
5. Review of Records by Person Making Appeal. The URA shall permit a person to inspect
and copy all material pertinent to his or her appeal, except materials which the URA
determines may not be disclosed to the person for reasons of confidentiality in
accordance with applicable law. The URA may impose reasonable conditions on the
person’s right to inspect, consistent with applicable law.
10
6. Agency Official Reviewing Appeal. The URA official conducting the review of the appeal
shall be either the Executive Director of URA or his or her authorized designee. However,
the reviewing official shall not have been directly involved in the action appealed.
7. Scope of Review of Appeal. In deciding an appeal, the reviewing official shall consider all
pertinent justification and other material submitted by the person bringing the appeal,
and all other available information that the reviewing official determines is needed to
ensure a fair and full review of the appeal.
8. Determination and Notification after Appeal. Promptly after receipt of all information
submitted by the person bringing the appeal in support of an appeal, the reviewing
official shall schedule a hearing to consider the appeal. The person bringing the appeal
shall be given at least 14 days written notice of the time and place of the hearing. The
person bringing the appeal and the URA may submit written or oral testimony in support
of the respective position, in accordance with the procedures established by the
reviewing official. The proceedings will be recorded in such a manner as will allow a
transcript of the proceedings to be prepared. The reviewing official shall make a written
determination on the appeal, including an explanation of the basis on which the decision
was made, and shall furnish a copy of the determination on appeal to the person
bringing the appeal. If the full relief requested is not granted, the reviewing official, or the
URA, shall advise the person of his or her right to seek judicial review of the
determination on appeal.
9. Judicial Review. The person bringing the appeal shall have the right to seek judicial
review of the reviewing official’s determination on appeal pursuant to C.R.C.P. 106(a)(4).
II. LAND ACQUISITION
The following policies apply when the URA intends to acquire real property by use of eminent
domain:
1. Every reasonable effort shall be made to expeditiously acquire the property by
negotiation.
2. Prior to initiation of negotiations by the URA, the property shall be appraised. The owner
or owner’s representative shall be afforded a reasonable opportunity to accompany the
appraiser when he or she inspects the property. The appraisal may be waived if the case
involves the acquisition by sale or donation of property with a fair market value of less
than five thousand dollars ($5,000).
3. Before the URA initiates negotiations for acquisition, the URA shall determine an amount
it reasonably believes to represent just compensation for the property, and shall offer
that amount for the property; in no event shall the amount offered be less than the
approved appraisal of the fair market value. Fair market value shall be determined
based on the value prior to any public improvements for which the property is being
acquired. The offer shall be in writing and include a summary of the basis for the amount
established as just compensation, which shall separately state damages to the owner’s
remainder property, if any.
11
4. The owner of the property to be acquired shall not be required to surrender possession
of the property before the agreed purchase price is paid or before there is a deposit with
the court for the amount awarded as a result of condemnation proceedings.
5. If an owner or tenant is permitted to occupy the real property on a rental basis, the
amount of rent shall not exceed the fair rental value of the property.
6. If a real property is to be acquired by exercise of the power of eminent domain, formal
condemnation proceedings shall be authorized by the URA Board of Commissioners prior
to initiation by the URA.
7. If the acquisition of only part of the property would leave the owner with an
uneconomical remnant, an offer to acquire the entire property shall be made.
● Physical Condition Observed
LAYOUT
● Physical Condition Observed
STREET LAYOUT
● Physical Condition Observed
● Physical Condition Observed
CITY OF FORT COLLINS
FORT COLLINS URBAN RENEWAL AUTHORITY
PROSPECT SOUTH EXISTING CONDITIONS STUDY
FAULTY LOT
LAYOUT
!(
!(
!(
!(
!(
!( !(!(
!(
!(
!(!
!( (
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!( !(
!( !(
! !( !(
(
!(
!(
!(
!(
!(
!(
!(!(
!(
!(
!( !(
!(!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
! !(
(
!(
!(
!(
!(
!(!
!( !( (
!(
!(
!(
!( !(
!( !(
! !(
(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(!(
!(
!(
!(
!(
!(
!(
!(!(
!( !(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!( !(
!(
!(!
(
!( !(
!(
!(
!(!(
!(
!(!(
!(
!(!
(
!(
! !(!(
(
!( !(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!( !(
!( !(
! !( !(
(
!(
!(
!( !( !(
!( !(
!(
!(
!(
!(
!(
!(!(
!(
!(
!(
!(
!(!
(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(!
(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!( !(
!( !(
!(!
(!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!( !(
!( !(
!(
!(
!(
!(
!(
!( !(
!(
!(
!( !(
!(
!(
!(
!(
!( !(
!( !(
!(
!(
!(
! !( !(
(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(
!( !(
!(
!(
!(
!(
!(
! !(
( !(
!(
!(
!(
!(
!( !(
!(
!(
9
8
7
6 5
4 3
1 2
99 98
95
93 94
92
91 90
89 88 87
8685
83 84
80 79
76 78
75
74
73
72 71
7609
6867
65 66
63 64
61 62
59 60
57
54 55 56
5251
50 49
46 47
44 45
43 41
4038
37
35
32
3029 31
28
27
26 25 24
23
22
2120
19
17
15 16
14
12
11
10
386
385384 383
382
381
380
379
377 378
375
374373
372 371
369 370
367 368
366
365
364
363
362
361 360
357 358
356 355353453
352
347 348 349 350
346
345 344
343
342 340
339 338337
336 335
334
333 332
331330
329 327 326
325
324
323
321 322
319 320
317 318
316
315
314 313
310 312
308 309
307 306
305
303 304
302
301
300 297 298
296
295
294
293 292
291 290
286 287 289
285
283
282
281
279 280
278
277
275
274
272 273
271
269
268 267
266
263262 264 265
261
259
257 258 255 254
252 251
249
248
247246
244 245
243
241 242
239 240
238
237 236 235
234 233
231
228
227
225
222
221
218
217 216 215
212 213 211
210 209
208 207
206
205
203 204
202
201
199 200
198 197
196 195
194
192 191
190
188 187
186
184
183
181
179
177 178
174 175
173
172 168
166 167
165
163
162
160 161
158 157
156
154
153 151150 148
147
145 146
144143 142
139138 140
137 136
134 135
133
132
131 130
129
128
127 126
125124
123
122
121 119
118
115
114 113
112 111
109 110
107 108
106105
103 102
97 96
82 81
77
58
53 48
42
39
36
33 34
18 13
376
359
351
341
328 311
299
288
276 284
270
260
256 253
250
232
229 230
226
224
223
220 219
214
189 193
185
182
180 176
171 170
169
164
159
155
152 149
141120
117 116
104 101100
S COLLEGE AVE
S MASON ST
CREST RD
BOARDWALK DR
PALMER DR
HOGAN DR
E HARMONY RD
MANHATTAN AVE
WARBLER DR
LANDINGS DR
W HARMONY RD
SKYSAIL LN
E HORSETOOTH RD
FAIRWAY LN
W HORSETOOTH RD
ALBION WAY
PAVILION LN
LARKBUNTING DR
E TROUTMAN PKWY
MARINER LN
ROCKAWAY ST
TOWHEE ST
STOVER ST
PRAIRIE ST
PLAYER DR
GOLDENEYE DR
DENNISON AVE
BREAKWATER DR
SPINNAKER LN
WABASH ST
WALDEN WAY
HUMMINGBIRD DR
WIDGEON ST
GOSHAWK DR
HAVEN DR
BLUESTEM CT
STARLING ST
TANAGER ST
W FAIRWAY LN
VENTURI LN
HAVEN CT
MAPLETON CT
NICKLAUS CT
STREAM CT
THRASHER ST
FOSSIL BLVD
ASBURY DR
SPIN DRIFT CT
LEEWARD CT
BREAKWATER CT
BOWLINE CT
CHUKAR CT
DENNISON CT
OWL CT
RIVA RIDGE RD
1 inch = 550 feet
!( Photo Reference Number
Study Section 3 April 2011
MIDTOWN EXISTING CONDITIONS SURVEY
33
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
372 X X X X
373 X
374 X X X X
375 X
376 X
377 X X
378 X X X X
379 X X
380 X X X X X
381 X X
382 X X
383 X
384 X X
385 X
386 X X
MIDTOWN EXISTING CONDITIONS SURVEY
32
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
319 X
320 X X X
321 X X X
322 X
323 X X X
324 X
325 X X X
326 X X X X X
327 X X
328
329 X X X X
330 X X X
331 X X X
332 X X X X X X X
333 X
334 X X
335 X
336 X X
337 X X
338 X X
339 X
340 X X X
341 X
342 X
343 X
344 X X
345 X X X
346 X
347 X X X
348 X X
349 X
350 X
351 X X
352 X X
353 X X
354 X X
355 X
356 X X X
357 X X X
358 X
359 X X X
360 X X
361 X X
362 X X
363 X X
364 X
365 X X X X
366 X X X
367 X
368 X X X X
369 X X
370 X X X
371 X X X
MIDTOWN EXISTING CONDITIONS SURVEY
31
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
266 X X
267 X X
268 X X
269 X X
270 X
271 X X
272 X X
273 X
274 X X
275 X
276 X
277 X X X
278 X X
279 X
280 X X
281 X X X
282 X X X X
283 X
284 X X X
285 X
286 X X X X
287 X X X X
288 X
289 X
290 X X
291 X X X
292 X
293 X X X
294 X X X X
295 X X
296 X
297 X
298 X
299 X
300 X
301 X X
302 X X
303 X X
304 X
305 X
306 X X
307 X X X
308 X
309 X
310 X X X X X
311 X X X X
312 X
313 X
314 X
315 X
316 X X
317 X X
318
MIDTOWN EXISTING CONDITIONS SURVEY
30
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
213 X X X
214 X
215 X
216 X
217 X
218 X
219 X X X
220 X X
221 X X X
222 X X
223 X X X
224 X X
225
226 X X
227 X X
228 X
229 X X
230 X X X
231 X X X
232 X X
233 X X X X
234 X X
235 X X
236 X
237 X X
238 X X X
239 X X X
240 X X X X
241 X
242 X
243 X X
244 X X
245 X
246 X
247 X X X
248 X X X
249 X
250 X
251 X X
252 X X X
253 X
254 X X
255 X X X
256 X X
257 X X
258 X X
259 X
260 X
261 X X
262 X
263 X X X X X X
264 X X X
265 X X
MIDTOWN EXISTING CONDITIONS SURVEY
29
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
160 X
161 X
162 X
163 X
164 X X
165 X
166 X
167 X X
168 X
169 X
170 X X
171 X X
172 X X
173 X
174 X X X X
175 X X
176 X X X
177 X X X
178 X
179 X
180 X X
181 X X
182 X X
183 X
184 X
185 X X
186 X
187 X X
188 X
189 X X
190 X X
191 X X
192 X
193 X X
194 X X
195 X X X
196 X
197 X
198 X X
199 X
200 X X
201 X X X
202 X X
203 X
204 X X X
205 X
206 X X
207 X
208 X
209 X X
210 X X X
211 X X
212 X
MIDTOWN EXISTING CONDITIONS SURVEY
28
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
107 X
108 X X X X
109 X X X
110 X X X
111 X X X
112 X X X
113 X X
114 X
115 X X X
116 X
117 X
118 X X
119 X
120 X
121 X X
122 X X
123 X
124 X
125 X
126 X X
127 X
128 X
129 X
130 X X X
131 X X
132 X
133 X X X X
134 X X
135 X X X
136 X
137 X X X
138 X
139 X
140 X
141 X X X
142 X
143 X
144 X X
145 X
146 X X
147 X X
148 X
149 X
150 X
151 X
152 X
153 X X X
154 X
155 X
156 X
157 X
158 X X
159 X
MIDTOWN EXISTING CONDITIONS SURVEY
27
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
54 X X
55 X X
56 X X
57 X
58 X X
59 X X
60 X
61
X
62
X
63
X X X X X
64
X
65
X
66
X X
67
X
68
X
69
X
70
X X X
71
X
72
X
73
X
74
X
75
X X
76
X
77
X
78
X X X
79
X X X
80
X
81
X X X X
82
X
83
X
84
X
85
X X
86
X X
87
X
88
X
89
X X X X X X
90
X
91
X
92
X X X
93
X X X
94
X X
95
X
96
X
97
X
98
X X
99 X
100 X X X X X
101 X X X X
102 X X X X
103 X
104 X X X X
105 X X
106 X X X X
MIDTOWN EXISTING CONDITIONS SURVEY
26
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
1 X
2 X
3 X X
4 X
5 X X
6 X X X
7 X
8 X X X
9 X
10 X
11 X
12 X X X X
13 X
14 X
15 X X X
16 X X X X
17 X X X
18 X X X
19 X
20 X X
21 X X
22 X
23 X X
24 X
25 X
26 X X
27 X X
28 X X X
29 X X
30 X
31 X X X
32 X
33 X
34 X
35 X X
36 X
37 X
38 X X X
39 X
40 X
41 X
42 X
43 X
44 X
45 X
46 X X X
47 X
48 X
49 X
50 X X X
51 X
52 X
53 X X X
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
MIDTOWN EXISTING CONDITIONS SURVEY
25
!(
!(
!(
!( !( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(
!( !(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!( !(
!( !( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!( !( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !( !( !(
!(
!(
!(
!(
!(
!(
!( !(
!(
!( !( !(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !( !(
!(
!(
!(
!(
!(!
(
!(
!( !(
!( !(
!(
!(!(
!(
!(
!(
! !(!(
(
!( !(
!( !(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!( !(
!(
!( !(
!(
!(
!( !( !(
!( !(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(
!(
!(
!( !(
!(
!(
!(
!(
!( !(
!( !(
!(
!(!(
!(
!( !(
!(
!(
!(
!(
!(
9
8
76
5
4
3
2
1
99
98
97
96
95
94
93
92
9190 89
88
87
86
85
83 84
81 82
79 80
77 78
76 75
74 73
72 71
70
69
67 68
66
65
64
63
62 6160
59
58
57 56
55
54
53 52 5150
49
4847
46
45
44
43 42
41
40
39
38
37
36
35 33
32 31
30
29
28
26 27
25
24
23
21 22
19
1817
15
14
13
12
10 11
321
320
319
318
315 316
314
313
311
310309
308 307
306
305
302 303
301
300
298 299
297
296
294
293
292
291
290
289
288
287
285
284 283
282
281
280
277
276
274
272 273
271
270
269
268
267
266 265
264
263
261
260
259
258 257
255 256
254
251
250
249
248
247
246
244
243
241
237 240
236
231 233 235
230
229
228
227
226
225
224
222 223
221
220
219
217
215
212
211
210
208
207
206
205
204
203
201
200
199
197 198
196
195
194
193
192
191
190 189 188 187
186
185
184
183
182
181
180
179
178
177
176
175
174
173
172
171
170
169
167
166
164 165
163
162
161
160
159
158 157
156
155
154
152 153
151
150
149
148146
145
144
143
142
141
140
139
138
137
136
135
132 133 134
130 131
128
127
126
125 124123
122
121
120
119
118
117
116115
114
113
112
111
110
109
107
106
105
103
100
34
20
16
317
312
304
295
286
279
278
275
262
253
252
245
242
239
238
232 234
216 218
214
213
209
202
168
147
129
108
104
101 102
S COLLEGE AVE
MCCLELLAND DR
TULANE DR
EAGLE DR
FRONTA
GE RD
W DRAKE RD
E DRAKE RD
REDWING RD
W SWALLOW RD
DEL CLAIR RD
HARVARD ST
RINGNECK DR
E MONROE DR
W HORSETOOTH RD
LINDA LN
E HORSETOOTH RD
LEISURE DR
AVOCET RD
MAE ST
REMINGTON ST
E THUNDERBIRD DR
FLICKER DR
ALLEN ST
KILLDEER DR
MEADOWLARK AVE
E SWALLOW
RD
RIVA RIDGE DR
WARREN FARM DR
E FOOTHILLS PKWY
BALE DR
ANNABEL LN
PHOENIX DR
RUTH ST
ALAMO AVE
MATHEWS ST
PLO
WMAN CT
RIVA RIDGE PL
BLUEJAY ST
BLUEBIRD CT
RIVA RIDGE LN
JUNCO CT
ROBIN CT
WARREN FARM CT
MATHEWS ST
!( Photo Reference Number
Study Section 2
1 inch = 375 feet
April 2011
MIDTOWN EXISTING CONDITIONS SURVEY
13
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of
fire/police/emergency responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
281 X X X
282 X X
283 X X
284 X
285 X
286 X X
287 X X
288 X
289 X
290 X
291 X X
292 X
293 X
294 X X X
295 X X X X
296 X X
297 X X X X
298 X X X
299 X X
300 X X X X
301 X X X
302 X X
303 X
304 X X X X
305 X X X X X
306 X X
307 X X
308 X
309 X X
310 X X X
311 X X X X X X X
312 X X X
313 X X X
314 X
315 X
316 X
317 X
318 X X
319 X
320 X X
321 X
322 X X
MIDTOWN EXISTING CONDITIONS SURVEY
12
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of
fire/police/emergency responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
225 X X
226 X
227 X
228 X X X X
229 X
230 X X
231 X X X X
232 X X
233 X X
234 X X
235 X X
236 X X
237 X X X
238 X X X X
239 X X X
240 X X
241 X X
242 X X X X X
243 X X
244 X X X X
245 X
246 X
247 X X
248 X X X X
249 X
250 X X
251 X X X
252 X
253 X
254 X
255 X
256 X X
257 X
258 X
259 X X X X X
260 X
261 X X X
262 X X
263 X X X X
264 X X X
265 X
266 X X
267 X X
268 X X
269 X
270 X
271 X X
272 X X X
273 X
274 X X X X X X
275 X X X X X X
276 X X
277 X X X
278 X X X
279 X X
280 X X X
MIDTOWN EXISTING CONDITIONS SURVEY
11
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of
fire/police/emergency responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
169 X
170 X
171 X
172 X X X
173 X
174 X
175 X X X
176 X X
177 X X X X X
178 X X X
179 X
180 X
181 X X
182 X X
183 X X
184 X
185 X
186 X
187 X X X
188 X X X X
189 X X X X X X
190 X X
191 X
192 X
193 X
194 X X
195 X
196 X
197 X
198 X
199 X
200 X
201 X X
202 X X
203 X
204 X
205 X
206 X X X
207 X X
208 X X X X
209 X X X X
210 X X
211 X X X X
212 X X
213 X
214 X
215 X X X
216 X X
217 X X X
218 X X
219 X
220 X
221 X X
222 X X X X X
223 X X
224 X
MIDTOWN EXISTING CONDITIONS SURVEY
10
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of
fire/police/emergency responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
113 X X X X
114 X X
115 X X X
116 X X X
117 X X
118 X X X
119 X X X
120 X X
121 X X
122 X
123 X
124 X
125 X
126 X
127 X X X X
128 X X
129 X X
130 X
131 X
132 X
133 X
134 X X X
135 X
136 X X
137 X X
138 X
139 X
140 X
141 X
142 X
143 X
144 X X
145 X
146 X
147 X
148 X
149 X
150 X X
151 X
152 X X
153 X X X X X
154 X X X
155 X X X
156 X X X
157 X X
158 X
159 X X X
160 X X
161 X
162 X X X X
163 X
164 X X
165 X X
166 X X X
167 X X
168 X X
MIDTOWN EXISTING CONDITIONS SURVEY
9
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of
fire/police/emergency responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
57 X X X
58 X X
59 X
60 X
61
X
62
X
63
X X
64
X X X X
65
X X X
66
X X
67
X
68
X X
69
X
70
X
71
X
72
X
73
X
74
X
75
X X
76
X X
77
X
78
X
79
X
80
X
81
X
82
X
83
X X X
84
X
85
X
86
X X
87
X
88
X
89
X
90
X X
91
X X X X
92
X
93
X
94
X X X
95
X X
96
X
97
X
98
X X
99 X X
100 X
101 X X X X
102 X
103 X X X
104 X X
105 X
106 X
107 X X
108 X X
109 X X
110 X X X
111 X X X
112 X X
MIDTOWN EXISTING CONDITIONS SURVEY
8
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of
fire/police/emergency responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
1 X
2 X X
3 X
4 X
5 X
6 X X X
7 X X
8 X X X
9 X X
10 X X X
11 X X X
12 X X X
13 X
14 X X X
15 X X X X
16 X X X X
17 X X
18 X X
19 X X X X
20 X X
21 X X
22 X X X
23 X
24 X X X
25 X X X X X
26 X X X
27 X
28 X X X
29 X
30 X X X
31 X X
32 X X X
33 X X X
34 X X
35 X
36 X X X X
37 X X X
38 X X X X X
39 X X X X X
40 X X X X
41 X X X X X
42 X X X X
43 X
44 X X
45
46 X X
47 X X X
48 X
49 X
50 X X X
51 X X X
52 X
53 X
54 X X
55 X
56 X X X X
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Conditions that Endanger
Life or Property
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
MIDTOWN EXISTING CONDITIONS SURVEY
7
VASSAR AVE
RUTGERS AVE
LOYOLA AVE
PRINCETON RD
COLUMBIA RD
YALE WAY
9
7 8
6
5
4
3
2
1
54
53
52
51 50
49
47 48
46
45
44
43
42
41
40
39
38
37
36
35
34
33
32
31
30
29
28
27
26
25 24
23
22
21
20
19
18
17
16
15
14
13
12
11
10
1 inch = 200 feet
April 2011
MIDTOWN EXISTING CONDITIONS SURVEY
3
Deterioration of street pavement
Deterioration of curb/gutter/sidewalk
Insufficient street lighting
Inadequate sanitation or water systems
Presence of overhead utilities
Lack of sidewalks
Disputed or defective title
Multiplicity of ownership making assemblages of
land difficult
Insufficient access for emergency vehicles
Blocked or poorly maintained fire/emergency
access routes
Insufficient fire and emergency vehicle turning
radii
Non-compliances with fire/building codes
Non-compliances with fire/building codes
Unsafe deterioration of building
Inadequate/improperly installed utilities
Presence of hazardous substances, liquids, or
gasses found at site
Sites with high incidence of fire/police/emergency
responses
Sites with high incidence of traffic accidents
Sites with high incidence of code enforcement
responses
Undeveloped parcels in urbanized area
Disproportionately small land area developed
compared to total
Vacant units in multi-unit structures (more than
20% vacant)
Vacant structures
1 X X X X X
2 X X
3 X X
4 X
5 X
6 X X X X
7 X X
8 X X X X
9 X X
10 X X
11 X X
12 X X
13 X X
14 X X X
15 X
16 X
17 X
18 X X X
19 X
20 X
21 X
22 X
23 X X X X
24 X
25 X X
26 X
27 X X X
28 X X X
29 X X
30 X
31 X X
32 X X X X
33 X X
34 X X X X
35 X X
36 X X X
37 X X
38 X X X X X
39 X X X X X
40 X X X
41 X X
42 X
43 X X X X
44 X X
45 X X X X
46 X X
47 X
48 X X
49 X X
50 X X X
51 X
52 X X
53 X X
54 X
Unsafe or Unhealthy
Buildings
Health, safety, or welfare factors requiring high
levels of services or underutilized buildings/sites
Deterioration of Site or other Improvements
Unusual Topography or Inadequate Public
Improvements or Utilities
Defective or
Unusual
Conditions of
Title
Conditions that Endanger
Life or Property
Slum, Deteriorated or Deteriorating Structures Defective or Inadequate Street Layout Faulty Lot Layout Unsanitary or Unsafe Conditions
MIDTOWN EXISTING CONDITIONS SURVEY
2
and safety hazard of
combustion products
spilling into building
New: No
Addition: No
Alteration: Yes
IRC
IFGC
G2408.1
305.1
13
Low-Volatile Organic
Compound (VOC)
materials
Interior materials meet maximum VOC emissions standards
Improve indoor air quality
for construction workers
and occupants
New: Yes
Addition: Yes
Alteration: Part
IRC R325.1
14
Whole-building
ventilation
• Provide whole-building, controlled, mechanical ventilation system,
designed to meet ASHRAE 62.2 airflow requirements.
• Air handlers used to move ventilation air must be equipped with efficient
blower motors.
Improve indoor air quality
New: Yes
Addition: No
Alteration: No
IRC
IMC
R303.3.3
M1507.4
407
OUTDOOR ENVIRONMENTAL QUALITY (OEQ)
15
Exterior lighting:
fixture design
Install "dark-sky friendly" exterior lighting fixtures
Increase security
Reduce light pollution and
light trespass
New: Yes
Addition: No
Alteration: No
IRC
R326
R326.1
OPERATIONS + MAINTENANCE + EDUCATION
16
Building owner
education
Provide operations and maintenance manual for building owner
Educate owners about
their home and other
"green" choices they can
make
New: Yes
Addition: Part
Alteration: Part
IRC
R327
R327.1
* Amended code language is posted at www.fcgov.com/building/codes.php
1/9/2012
** Indication of how amendment applies to new buildings, additions and alterations to existing buildings. In general,
amendments apply in same manner as any code provision, when a building permit is required.
Page 2 of 2
efficient, comfortable living
space when basement is
finished
New: Yes
Addition: Yes
Alteration: No
IRC
IECC
N1102.5
402.5
6
Air sealing:
tight construction
• Whole-building air leakage:
3.0 ACH50 maximum (electric heat)
4.0 ACH50 maximum (non-electric heat)
• Increased focus on effective sealing between living space + attached
garage
• Performance testing required
Capture energy, comfort,
durability and health
benefits
New: Yes
Addition: Part
Alteration: Part
IRC
IECC
N1102.4.2
202
402.4.2
7
Insulation:
installation
Insulation installed to the Residential Energy Services Network (RESNET)
Grade I standard
Exceptions for which RESNET Grade II is acceptable:
• Rim joists
• Cavity insulation in exterior walls with continuous rigid insulating sheathing,
R-5 minimum
Install insulation so it
delivers rated energy
performance
New: Yes
Addition: Yes
Alteration: Yes
IRC
IECC
N1102.2.12
402.2.12
8
Heating + cooling
systems:
design
Added requirements for permit application:
• Heating + cooling design load calculations include room-by-room loads
• Air-Conditioning, Heating, and Refrigeration Institute (AHRI) matched
evaporators, condensing units and furnaces (AHRI certificate required)
• Document key design parameters
Design systems that
satisfy comfort needs and
perform in accordance
with manufacturer
specifications
New: Yes
Addition: Yes
Alteration: Part
IRC
IECC
N1103.6
M1401.3
403.6 (refs IRC
M1401.3)
Ordinance Cross-Ref
Residential Building Code Green Building Amendments (Prescriptive)
Page 1 of 2
maintaining air quality.
New: Yes
Addition: Yes
Alteration: Yes
IBC 3603.1.1
17 Acoustical control
Requirements for exterior-to-interior sound transmission in specific location
categories, interior sound transmission and background sound levels.
Reduce noise
disturbances for occupants
New: Yes
Addition: Part
Alteration: No
IBC 3603.3
17
Whole-building
ventilation
• Provide whole-building, controlled, mechanical ventilation system, designed to meet
ASHRAE 62.2 airflow requirements.
• Air handlers used to move ventilation air must be equipped with efficient blower
motors.
Improve indoor air quality
New: Yes
Addition: No
Alteration: No
IMC 407
* Amended code language is posted at www.fcgov.com/building/codes.php
1/17/2012
** Indication of how amendment applies to new buildings, additions and alterations to existing buildings. In general,
amendments apply in same manner as any code provision, when a building permit is required.
Page 2 of 2
Addition: Yes
Alteration: No
IECC 402.5
6
Air sealing:
tight construction
• Whole-building air leakage:
3.0 ACH50 maximum (electric heat)
4.0 ACH50 maximum (non-electric heat)
• Increased focus on effective sealing between living space and attached garage
• Performance testing required
Capture energy, comfort,
durability and health
benefits
New: Yes
Addition: Part
Alteration: Part
IECC
202
402.4.2
7
Insulation:
installation
Insulation installed to the Residential Energy Services Network (RESNET) Grade I
standard
Install insulation so it
delivers rated energy
performance
New: Yes
Addition: Yes
Alteration: Yes
IECC 402.2.12
8
Heating + cooling
systems:
design
Added requirements for permit application:
• Heating + cooling design load calculations include room-by-room loads
• Air-Conditioning, Heating, and Refrigeration Institute (AHRI) matched evaporators,
condensing units and furnaces (AHRI certificate required)
• Document key design parameters
Design systems that
satisfy comfort needs and
perform in accordance
with manufacturer
specifications
New: Yes
Addition: Yes
Alteration: Part
IECC
403.6 (refs IRC
M1401.3)
9
Heating, ventilation, air
conditioning (HVAC)
systems:
performance testing
Performance testing of heating, cooling and ventilation systems, aligned with Air
Conditioning Contractors of America (ACCA) 5 "Quality Installation" procedures.
Systems operating out of tolerance compared with design specifications will be
adjusted and re-tested until they pass.
(Applies to buildings and additions <15,000 sq ft -- for larger buildings, see
"Commissioning" below.)
Verify that HVAC systems
perform as designed
New: Yes
Addition: Yes
Alteration: Part
IECC
IMC
403.6 (refs IRC
M1309)
107.3
10
Occupant sensor
controls
Occupant sensor controls to automatically reduce connected lighting power by at
least 50% in corridors and enclosed stairwells
Electricity savings, CO2
reduction
New: Yes
Addition: Part
Alteration: No
IECC 404.2
Ordinance Cross-Ref
Page 1 of 2
materials
Interior materials meet maximum VOC emissions standards:
• Sealants + adhesives
• Resilient flooring
• Carpeting and pad
• Site-applied paints, stains and varnishes
• Structural wood panels, hardwood veneer plywood, particle board and
fiber board
• Insulation
Improve indoor air quality
for construction workers
and occupants
New: Yes
Addition: Yes
Alteration: Part
IBC 3603.2
16 Acoustical control
Requirements for exterior-to-interior sound transmission in specific
location categories, interior sound transmission and background sound
levels.
Reduce noise
disturbances for
occupants
New: Yes
Addition: Part
Alteration: No
IBC 3603.3
COMMISSIONING / OPERATIONS + MAINTENANCE + EDUCATION
17 Commissioning
Provide commissioning of HVAC, controls, building envelope, lighting
controls, service water heating, renewable energy systems and
background sound levels. Verify systems performance, training and
O&M manual.
(Applies to new buildings + additions >15,000 sq ft)
Ensure that building
systems are installed and
operate per owner's intent
and that it can be operated
and maintained
New: Yes
Addition: Part
Alteration: No
IBC 3604.1
* Amended code language is posted at www.fcgov.com/building/codes.php
1/9/2012
** Indication of how amendment applies to new buildings, additions and alterations to existing buildings. In general,
amendments apply in same manner as any code provision, when a building permit is required.
Page 2 of 2
durability, reduces pest
problems
New: Yes
Addition: Yes
Alteration: No
IECC
502.4.3.1
502.4.3.2
6
Building envelope:
electrically heated
buildings
More rigorous insulation specifications than IECC 2009 for electrically-
heated buildings. Applies to buildings with electric heat power density
greater than 1.5 W/sq ft.
Save energy and reduce
peak electrical demand
New: Yes
Addition: Yes
Alteration: No
IECC
502.1.1
502.1.2
Table 502.2(3)
7
Building envelope:
installed insulation
standards
All insulation installed to Residential Energy Services Network
(RESNET) Grade I standard. Grade II allowed for cavity insulation if
exterior continuous insulation installed to Grade I.
Improves performance of
insulation - energy
savings, better occupant
comfort, better building
durability
New: Yes
Addition: Yes
Alteration: Yes
IECC 502.1
8 Sleeping unit controls
Controls required that automatically turn off lighting, switched outlets,
permanently-wired luminaires and televisions when guest rooms are
unoccupied. HVAC set point will be relaxed by at least 5°F when rooms
are unoccupied. Manual-on, auto-off occupancy sensors required for
bathroom lighting. Applies to hotels/motels with more than 20 rooms.
Energy savings,
operations and
maintenance savings
through increased
equipment life
New: Yes
Addition: Yes
Alteration: Yes
IECC
505.2.3
505.2.3.1
9
Outdoor lighting
controls
Automatic controls to reduce outdoor lighting by at least 50% 2 hours
after business closes. Turn off outdoor lighting within 30 minutes of
sunrise. Applies to building facades, parking lots, garages, canopies,
outdoor sales areas. Some exceptions apply.
Electricity savings, CO2
reduction
New: Yes
Addition: Part
Alteration: No
IECC 505.2.4
Ordinance Cross-Ref
Page 1 of 2
ATTACHMENT 2