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COUNCIL - AGENDA ITEM - 11/06/2018 - RESOLUTION 2018-106 SUBMITTING THE COLLEGE AND DRA
Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Josh Birks, Economic Health Director John Duval, Legal SUBJECT Resolution 2018-106 Submitting the College and Drake Existing Conditions Study and Urban Renewal Plan to the City's Planning and Zoning Board, the Larimer County Board of Commissioners and the Poudre School District, and Further Directing that the Urban Renewal Impact Study be Submitted to the Larimer County Board of Commissioners When Completed. EXECUTIVE SUMMARY The purpose of this item is for City Council to consider a resolution submitting the College and Drake Urban Renewal Plan (URP) to the Planning and Zoning Board (P&Z), the Larimer County Board of Commissioners, and the Poudre School District, for their review as required by Colorado's Urban Renewal Law. By statute, P&Z must evaluate all proposed urban renewal plans for conformance with the City's Comprehensive Plan. P&Z is scheduled to review the proposed College and Drake URP on November 15, 2018. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In 1982, City Council created the Fort Collins Urban Renewal Authority (URA) and designated itself as the governing board (known as the “Authority”). In 2018, Council repealed and reenacted Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins addressing changes in Colorado’s Urban Renewal Law. These changes included expanding the Authority to include Commissioners representing Larimer County, Poudre School District, all other special districts, and an at-large representative. BACKGROUND Drake Road and College Avenue is a prominent location within Midtown Fort Collins. Despite this prominence, the area suffers from vacancy, underutilization, and underinvestment, particularly when measured against community expectations and aspirations for the area as specified by City Plan (the City’s Comprehensive Plan), the Midtown Plan (a subarea plan for the Midtown area), and the Midtown in Motion Plan (Midtown Transportation Plan). (Note: These and other plans are available at <https://www.fcgov.com/planning/documents>). In 2009, in recognition of some of some of the redevelopment and reinvestment challenges that the Midtown corridor was facing, the Fort Collins City Council directed its staff to undertake the Midtown Redevelopment Study. Several recommendations came out of that study, including recommendations around community design and planning efforts, and importantly, a recommendation to form a new URP for the Midtown area. In 2011, the Midtown Plan Area was formed. The Midtown Plan Area spanned a distance either side of College Avenue from Prospect Road to south of Harmony Road. The plan area was significant in size, though tax increment financing (TIF) had only been activated in two smaller areas (Prospect South TIF District and the Agenda Item 13 Item # 13 Page 2 Foothills Mall TIF District). The plan included the area of Drake Road and College Avenue. In 2015, to guard against unintended consequences from state legislation that became effective in 2016, the plan area was significantly reduced in size down to the area of the two existing TIF districts (Prospect South and Foothills Mall). Many of the conditions that were found in 2011 in this area remain, as does the opportunity to utilize the URA to leverage reinvestment and development outcomes that are consistent with community goals and objectives for the area. The new plan would allow the URA to utilize incremental taxes derived from within the plan to enable enhanced development outcomes, both public and private. Area priorities could include: enabling an enhanced mixed-use project; finance and construction of a public parking structure; and, enhanced public spaces and urban elements for the planned grocery store at the northwest corner of Drake Road and College Avenue. The Authority initiated the process to form a URP by authorizing an existing conditions study on July 9, 2018 by adopting URA Resolution No. 088. The existing conditions study is completed and has been presented to the public for review and comment. This Resolution submits the existing conditions study and draft College and Drake Urban Renewal Plan (College and Drake URP) to the Planning and Zoning Board (P&Z). According to the Colorado Urban Renewal Law, the Planning and Zoning must consider the proposed College and Drake URP’s conformance with the City’s Comprehensive Plan - City Plan. After consideration, Planning and Zoning is to provide a written recommendation to Council regarding the proposed College & Drake URP’s compliance with the Comprehensive Plan. This Resolution also authorizes the submittal of the Urban Renewal Impact Study to the County when it is completed. URBAN RENEWAL PLAN FORMATION PROCESS OVERVIEW The formation of a new URP involves the following steps: 1. Existing Conditions Study. Evaluate area for the existence of statutory blight conditions. State statutes require at least four conditions of blight to form a new URP (only one condition is required if all the affected property owners’ consent to the URP). COMPLETE 2. Draft Urban Renewal Plan. Immediately following the existing conditions study, staff will develop a draft Urban Renewal Plan for the area. The plan will specify goals, objectives, and priorities for the URA within the proposed plan area. Historically, these planning documents have been more general in scope. Consistent with a targeted plan area boundary, Staff desires that the URP be specific and detailed in describing the plans and priorities for the URA. IN PROCESS 3. Negotiate Tax Increment Allocation Agreement with Underlying Tax Entities. State statutes stipulate that the URA will engage with the underlying tax entities within the proposed URP to discuss and address service impacts resultant from new development and the allocation of incremental taxes. IN PROCESS 4. URP Review - Planning and Zoning Board. The proposed URP will be submitted to the Fort Collins Planning and Zoning Board for its review and comment. Staff has planned both a work session (November 9, 2018) and a regular meeting (November 15, 2018) with the Planning and Zoning Board. AUTHORIZED BY THIS RESOLUTION 5. Public Hearing and New Plan Area Consideration by City Council. The final step in the process to form a new plan area is a public hearing and City Council consideration of the matter. SCHEDULED JANUARY 15, 2019 PLAN OVERVIEW The College and Drake Urban Renewal Plan (Plan) is an urban renewal plan prepared for the Fort Collins Urban Renewal Authority (Authority) and the City of Fort Collins (City), pursuant to the provisions of the Urban Renewal Law, Colorado Revised Statutes § 31-25-101 et seq. (Urban Renewal Law). Unless otherwise stated, terms used in this plan have the same meaning as in the Urban Renewal Law. Agenda Item 13 Item # 13 Page 3 DESCRIPTION OF THE PLAN AREA The Plan Area is approximately 30 acres and contains 13 parcels, including right-of-way. The City of Fort Collins Structure Plan identifies this area as a General Commercial District. The City of Fort Collins Zoning Map indicates this area is zoned as a General Commercial District and is also in a Transit-Oriented Development Overlay Zone. The boundary of the Plan Area to which this Plan applies generally includes those properties located within the area bounded by: • South College Avenue to the east; • West Thunderbird Drive to the south; • McClelland Drive to the west; and • The north exterior wall of the vacant K-Mart property to the north. DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT The College and Drake Tax Increment Financing District has the same boundaries as the Plan Area. PLAN GOALS AND 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 (City of Fort Collins Comprehensive Plan), 2011 • Midtown Plan, 2013 • City of Fort Collins Master Street Plan, 2013 • City of Fort Collins Transportation Master Plan, 2011 The Plan is intended to stimulate private sector development and redevelopment 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, including vacancy, underutilization, and underinvestment. • To implement the Comprehensive Plan and its related elements. • To leverage reinvestment and development outcomes to redevelop and rehabilitate the area in a manner that is compatible with and complementary to community goals and objectives for the Plan Area. • To effectively utilize undeveloped and underdeveloped land. • To improve pedestrian, bicycle, vehicular and transit-related circulation and safety. • To encourage the rehabilitation and redevelopment of outmoded buildings, improvements, and conditions. • To facilitate the enforcement of the laws and regulations applicable to the Plan Area. • To accommodate project opportunities to eliminate blight, and when such opportunities exist, to act 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. • To provide a range of financing mechanisms to incentivise investment, including utilizing incremental taxes derived from within the Plan Area to enable enhanced development outcomes, both public and private. • To ultimately contribute to increased revenues for all taxing entities. Agenda Item 13 Item # 13 Page 4 CITY FINANCIAL IMPACTS This Resolution has no direct financial impact on the City. Adopting this Resolution does not commit City Council to adopting the proposed URP. BOARD / COMMISSION RECOMMENDATION On July 9, 2018 the Fort Collins Urban Renewal Authority adopted Resolution No. 088 Commissioning and Appropriating Funds for an Existing Conditions Study of an area west of the Drake and College Intersection and directed Authority staff to prepare a proposed Urban Renewal Plan for this area. PUBLIC OUTREACH A letter of notification was sent via certified mail to the property owners within the College and Drake Existing Conditions Survey Area. In addition, a letter of notice stating the time and place of an Open House was sent to the property owners in and within 1,000 feet of the survey area. In addition, Staff has or will present the URP to the following groups: • Open House at Christ United Methodist Church at 301 East Drake Road - October 10, 2018. • Fort Collins Urban Renewal Authority Board - October 12, 2018. • Plan Area Review Committee (including staff from Larimer County, Poudre School District, Northern Larimer County Health District, and Poudre River Library District) October 16, 2018. • Fort Collins Area Chamber of Commerce - Local Legislative Affairs Committee - November 9, 2018. • Midtown Business Association (formerly South Fort Collins Business Association) - November 13, 3018. ATTACHMENTS 1. Existing Conditions Study Area (PDF) W Drake Rd S College Ave E Drake Rd W Drake Rd S College Ave S College Ave W Drake Rd S College Ave URA URP - Drake Study / College Area Printed: June 26, 2018 0 0.02 0.04 0.06 0.0M8iles Scale 1:2,869 © Path: H:\GIS Stuff\2018-06, URP Study Area.mxd ATTACHMENT 1 -1- RESOLUTION 2018-106 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING THE COLLEGE AND DRAKE EXISTING CONDITIONS STUDY AND URBAN RENEWAL PLAN TO THE CITY’S PLANNING AND ZONING BOARD, THE LARIMER COUNTY BOARD OF COMMISSIONERS AND THE POUDRE SCHOOL DISTRICT, AND FURTHER DIRECTING THAT THE URBAN RENEWAL IMPACT STUDY BE SUBMITTED TO THE LARIMER COUNTY BOARD OF COMMISSIONERS WHEN COMPLETED WHEREAS, on January 5, 1982, the Council of the City of Fort Collins ("Council") adopted Resolution 1982-10 establishing the Fort Collins Urban Renewal Authority (the "Authority") under Colorado’s Urban Renewal Law in Part 1 of Article 25 in Title 31 of the Colorado Revised Statutes (the “UR Law”); and WHEREAS, on July 9, 2018, the Board of Commissioners of the Authority adopted Resolution No. 087 under the UR Law to commission and appropriating funds for an existing conditions study of an area west of and including the intersection of College Avenue and Drake Road and directing Authority staff to also prepare a proposed urban renewal plan for this area; and WHEREAS, the commissioned “College and Drake URA Existing Conditions Study” has been completed and is attached as Exhibit “A” and incorporated herein by this reference (the “Study”); WHEREAS, Authority staff has also completed a proposed “College and Drake URA Urban Renewal Plan,” which is attached as Exhibit “B” and incorporated herein by this reference (the “Plan”); and WHEREAS, the Plan legally describes and depicts the boundaries of the plan area (the “Plan Area”) and describes the urban renewal project to be undertaken within the Plan Area under the Plan (the “Project”); and WHEREAS, before the Authority can undertake the Project under the Plan, the UR Law requires the City Council to conduct a public hearing to determine whether the Plan Area is a “blighted area,” as this term is defined in the UR Law, based on the Study and any other relevant evidence presented in the hearing (the “Public Hearing”); and WHEREAS, if the Council finds by resolution, based on the Study and other evidence presented at the Public Hearing, that the Plan Area is a “blighted area” under the UR Law, the City Council may approve the Plan by resolution after making certain other required findings; and WHEREAS, before the Public Hearing can be conducted by City Council, Section 31-25- 107(2) of the UR Law requires the City Council to submit the Plan to the City’s Planning and Zoning Board (the “P&Z Board”) for the P&Z Board’s review and written recommendations as to whether the Plan conforms to the City’s adopted “general plan for development,” which is the -2- City’s comprehensive plan titled “City Plan – Fort Collins” dated February 15, 2011, as amended (“City Plan”), and the P & Z Board is required to do so within 30 days after receipt of the Plan for its review; and WHEREAS, at least 30 days before the Public Hearing, Section 31-25-107(3.5)(a) of the UR Law requires City Council to submit the Plan to the Larimer County Board of Commissioners (the “County Commissioners”); and WHEREAS, since the Plan provides that Larimer County’s property taxes will help fund the Project, Section 31-25-107(3.5)(a) also requires that an “urban renewal impact report” containing certain information be submitted to the County Commissioners at least 30 days before the Public Hearing (the “Impact Report”); and WHEREAS, Authority staff and outside consultants are currently preparing the Impact Report but have not yet completed it; and WHEREAS, because the Plan Area will include multiple-family residences within it as part of the Project, Section 31-25-107(9)(d) of the UR Law permits the Poudre School District (the “School District”) to participate in an advisory capacity regarding the City Council consideration of the Plan; and WHEREAS, as required by the UR Law and in an effort to provide comprehensive information concerning City Council’s consideration of the Study and the Plan at an upcoming Public Hearing, the Study, the Plan, the Impact Report and this Resolution shall be submitted and provided by the City Manager or his designee (the “City Manager”) as hereafter directed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Manager is hereby directed to submit to the P & Z Board the Study, the Plan, this Resolution and a written staff report addressing the Plan’s conformity with City Plan. In deciding and making its written recommendations to Council under Section 31- 25-107(2) of the UR Law, the P&Z Board is to consider the sole question of whether the Plan is in conformity with City Plan and to provide its written recommendations to the City Council within 30 days after receiving the Plan for its review. Section 3. The City Manager is hereby directed to submit to the County Commissioners the Study, the Plan and this Resolution. In addition, when the Impact Report is completed, the City Manager is directed to submit it to the County Commissioners. Section 4. The City Manager is hereby directed to submit to the School District the Study, the Plan and this Resolution so that the School District can, if it desires to do so, review -3- and comment on the Plan in its advisory capacity as permitted under Section 31-25-107(9)(d) of the UR Law. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Draft Report College and Drake URA Existing Conditions Survey Prepared for: City of Fort Collins Urban Renewal Authority Prepared by: Economic & Planning Systems, Inc. September 5, 2018 EPS #173061 EXHIBIT A Table of Contents 1. INTRODUCTION ...................................................................................................... 1 Purpose ................................................................................................................. 1 Colorado Urban Renewal Law .................................................................................... 1 Methodology .......................................................................................................... 3 2. STUDY AREA ANALYSIS ............................................................................................ 4 Study Area ............................................................................................................. 4 Field Survey Approach ............................................................................................. 7 Blight Factor Evaluation Criteria ................................................................................ 7 Results of Field Survey ............................................................................................ 9 Other Considerations ............................................................................................. 12 3. CONCLUSIONS ..................................................................................................... 16 List of Tables Table 1 Parcels Contained in the URA Study Area ........................................................... 4 Table 2 Visual Conditions of Blight Observed ............................................................... 10 Table 3 Nuisance Violations, 2013-2018 ..................................................................... 12 Table 4 Police Incidents and Offenses, 2015-2018 ........................................................ 14 Table 5 Blight Conditions Image Reference, 1-30 ......................................................... 29 Table 6 Blight Conditions Image Reference, 31-60 ....................................................... 30 Table 7 Blight Conditions Image Reference, 61-90 ....................................................... 31 Table 8 Blight Conditions Image Reference, 91-113 ...................................................... 32 List of Figures Figure 1 College and Drake Proposed URA Boundary and Parcels ....................................... 6 Figure 2 Study Area Nuisance Code Violations, January 2013 – August 2018 ..................... 13 Figure 3 Image Location Reference Map ....................................................................... 18 Economic & Planning Systems, Inc. 1 173061-DRAFT-Fort Collins URA Existing Conditions 9-5-18 1. INTRODUCTION In July of 2018, Economic & Planning Systems (EPS), working with the City of Fort Collins Urban Renewal Authority (URA), conducted the following existing conditions survey (Survey) of the proposed College and Drake Urban Renewal Plan Area (Study Area). This proposed plan area is a portion of the College Midtown Corridor and is bounded by South College Avenue to the east, West Thunderbird Drive to the south, McClelland Drive to the west, and the north exterior wall of the vacant K-Mart property to the north, as shown in Figure 1. The Fort Collins Urban Renewal Authority (URA) anticipates creating a new plan area around Drake Road and College Avenue to support redevelopment plans for two large sites - the vacant former K-Mart located north of Drake, and the Spradley-Barr Mazda auto dealership located south of Drake. The proposed Urban Renewal Area captures these redevelopment plans and, if approved, will aide in the redevelopment and public improvement of the area. Purpose The primary purpose of this Survey is to determine whether the Study Area qualifies as a “blighted area” within the meaning of Colorado Urban Renewal Law. Secondly, this Survey will influence whether the Study Area should be recommended to be established as a URA Plan Area for such urban renewal activities as the URA and City Council deem appropriate. Colorado Urban Renewal Law The requirements for the establishment of a URA plan are outlined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. In order to establish an area for urban renewal, there are an array of conditions that must be documented to establish a condition of blight. The determination that constitutes a blighted area depends upon the presence of several physical, environmental, and social factors. Blight is 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 in the Urban Renewal Law is as follows: College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 2 Draft Report Urban Renewal Law Blight Factors (C.R.S. § 31-25-103) “’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 or 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 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.” Use of Eminent Domain In order for an Urban Renewal Authority to use the powers of eminent domain to acquire properties, 5 of the 11 blight factors must be present (C.R.S. § 31‐25‐ 105.5(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.” College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 3 Draft Report Methodology This Survey was completed by EPS to inventory and establish the existing conditions within the Study Area through data gathering and field observations of physical conditions. The Study Area was defined by the URA to encompass the proposed redevelopment on two large properties north and south of Drake Street. The Study Area extends to include a number of adjacent commercial properties within the two block Study Area, as well as the public streets to the east, west, and south (College, McClelland, and West Thunderbird) and the Transport MAX station, along with associated park and ride spaces. An inventory of parcels within the Study Area was compiled using parcel data from the Larimer County Assessor documenting parcel ownership, use, vacancy, and assessed value. A series of Study Area maps were then developed to facilitate the field survey, which documented and photographed visual conditions of blight. The field survey was conducted by EPS in July of 2018. The 11 factors of blight in the state statute were broken down into “conditions” - existing situations or circumstances identified in the Study Area that may qualify as blight under each of the 11 factors. The conditions documented in this report are submitted as evidence to support a “finding of blight” according to Urban Renewal Law. Under the Urban Renewal Law, the final determination of blight within the Study Area is within the sole discretion of the Fort Collins City Council. Urban Renewal Case Law In addition to the State statute, 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. The following parameters have been established through case law for determining blight and the role of judiciary review. Tracy v. City of Boulder (Colo. Ct. App. 1981) • Upheld the definition of blight presented in the Urban Renewal Law as a broad condition encompassing not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisioning the prevention of deterioration. Therefore, the existence of widespread nuisance violations and building condemnation is not required to designate an area blighted. • Additionally, the determination of blight is the responsibility of the legislative body and a court’s role in review is to 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. Interstate Trust Building Co. v. Denver Urban Renewal Authority (Colo. 1970) • Determined that blight assessment is not on a building-to-building basis, but is based on conditions observed throughout the plan area as a whole. The presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. Economic & Planning Systems, Inc. 4 173061-DRAFT-Fort Collins URA Existing Conditions 9-5-18 2. STUDY AREA ANALYSIS S t udy Area The proposed College and Drake Urban Renewal Plan Area is comprised of 13 parcels on approximately 30 acres of land, as shown in Table 1. Table 1 Parcels Contained in the URA Study Area The 13 parcels are separated into the two major assemblages for redevelopment and six smaller holdings summarized below and shown in Figure 1: • Parcels 1 and 2: Dillon Companies, Inc. – Parcels 1 and 2 comprising 11.2 acres of land are owned by Dillon Companies, a real estate subsidiary of King Soopers which is wholly owned by the Kroger Company. Parcel 1 is the north portion of a vacant retail center formerly occupied by Cricket, Advantage, and Radio Shack. Parcel 2 is the southern portion of the vacant center formerly occupied by KMart as well as an occupied Loaf and Jug convenience and gas outlet on the Drake Road frontage. It also contains 60 parking spaces under an easement to Transport MAX for park and ride spaces. • Parcel 3: City of Fort Collins – Parcel 3 is a 34,100 square foot parcel behind (west of) the former KMart, owned by the City of Fort Collins for the MAX station and associated right-of- way. • Parcel 4: Dillon Companies, Inc. – This retail strip is owned by Dillon Companies and contains a 4,800 square foot building leased to Larkburger, Cricket, and a Waxing Salon. • Parcel 5: Round Top Investments, LLC. – This 24,700 square foot parcel contains a Jiffy Lube auto service center on the northwest corner of the intersection of College and Drake. • Parcels 6 and 7: Dracol, LLC. – These parcels, comprising 5.7 acres of land, contain the existing Spradley-Barr Mazda dealership buildings and lots. The property is proposed to be redeveloped as a mixed use project, including a hotel and multifamily apartments with ground level retail space. Reference Number Parcel Number Address Year Built Owner Business Name Sq. Ft. Land Occupancy Sq. Ft. Building Assessed Value 1 9723410004 2505 S College Ave 1972 Dillon Companies Inc. Cricket, Advantage, Radio Shack 92,698 Vacant 9,911 $1,180,165 2 9723410002 2445 S College Ave 1977 Dillon Companies Inc. K-Mart, Texaco Convenience Store 395,708 Vacant 90,664 $3,953,874 3 9723400908 City of Fort Collins 34,057 Vacant 0 $500 4 9723410001 2539 S College Ave 2009 Dillon Companies Inc. Larkburger, Cricket, Waxing the City 19,000 Occupied 4,785 $818,790 5 9723412001 2549 S College Ave 1980 Round Top Investments, LLC. Jiffy Lube 24,706 Occupied 2,968 $623,790 6 9726114001 2601 S College Ave 1966 Dracol, LLC. Spradley-Barr Auto Dealership 173,504 Occupied 7,184 $1,855,072 7 9726100023 2601 S College Ave 1973 Dracol, LLC. Spradley-Barr Auto Dealership 73,486 Occupied 0 $413,809 8 9726100016 2627 S College Ave 1966 Dracol, LLC. Sherwin Williams Paints 21,698 Occupied 14,790 $1,153,769 9 9726120001 Dracol, LLC. Vacant Land 4,000 Vacant 0 $22,000 10 9726120002 132 W Thunderbird Dr 1969 Dracol, LLC. Tri City Paint 13,224 Vacant 2,160 $275,068 11 9726127003 2633 S College Ave 1995 Plutus Holdings, LLC. Critter Vet 12,815 Occupied 3,125 $410,050 12 9726127004 2631 S College Ave 1975 Enchante Enterprises, LLC. Enchante Salon 13,332 Occupied 3,047 $525,400 13 9726127001 2635 S College Ave 1976 Brien Buell (Trust) Tortilla Marissas 14,052 Occupied 2,008 $450,072 Source: Larimer County Assessor; Economic & Planning Systems I:\Data\GIS\173061-Fort Collins URA\Exports\[URA Parcels.xls]T-URA Parcels Format College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 5 Draft Report • Parcels 8 and 9: Dracol, LLC. – Parcel 8 is 21,700 square feet and contains a Sherwin- Williams paint store with frontage on College Avenue. Parcel 9 is a 4,000 square foot vacant, interior lot. Both parcels are owned by Dracol. • Parcel 10: Dracol, LLC. – This 13,200 square foot parcel contains a 2,200 square foot vacant building formerly occupied by Tri City Paint. • Parcel 11: Plutus Holdings, LLC. – This 12,800 square foot parcel is owned by Plutus Holdings and is occupied by Critter Vet Clinic. • Parcel 12: Enchante Enterprises, LLC. – This 13,300 square foot parcel is owned by Enchante Enterprises, LLC, which is affiliated with the Enchante Salon occupying the 3,000 square foot building. • Parcel 13: Brian Buell (Trust) – Tortilla Marissas operates a 2,000 square foot building on this parcel owned by Brien Buell (Trust) on the northwest corner of College and West Thunderbird Drive. College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 6 Draft Report Figure 1 College and Drake Proposed URA Boundary and Parcels College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 7 Draft Report F i e l d Survey Approach The following assessment is based on a field survey conducted by EPS in July 2018. The survey team walked the entire Study Area, taking notes and photographs to document existing conditions corresponding to the blight factor evaluation criteria detailed in the following section. The location of each documented condition of blight is identified in the Image Location Reference Map in Appendix A of this report. B l i ght Factor Evaluation Criteria This section details the conditions used to evaluate blight during the field survey. The following conditions correspond with 6 of the 11 blight factors in the Urban Renewal Law. Additional information on a number of these factors for which data was available was also collected. The remaining blight factors cannot be visually inspected and are dependent on other data sources. Given the prevalence of physically observable conditions of blight, these remaining blight factors were not investigated. Buildings The following conditions establish evidence of Urban Renewal Law blight factor “(a) slum, deteriorated, or deteriorating structures,” based on an evaluation of the overall condition and level of deterioration of structures within the plan area. • Deteriorated External Walls / Visible Foundation • Deteriorated Roof • Deteriorated Fascia/Soffits • Deteriorated Gutters/Downspouts • Deteriorated Exterior Finishes • Deteriorated Windows and Doors • Deteriorated Stairways/Fire Escapes/Loading Docks • Deteriorated Ancillary Structures Street Layout The following conditions evaluate the Urban Renewal Law blight factor ”(b) predominance of defective or inadequate street layout,” through assessment of the safety, quality, and efficiency of street layouts, site access, and internal circulation. • Inadequate Street or Alley Width / Cross-section / Geometry • Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic • Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians • Insufficient Roadway Capacity Leading to Unusual Congestion • Inadequate Emergency Vehicle Access • Poor Vehicular or Pedestrian Access to Buildings or Sites • Excessive Curb Cuts / Driveways along Commercial Blocks • Poor Internal Vehicular or Pedestrian Circulation College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 8 Draft Report Unsafe/Unsanitary The following conditions establish evidence of Urban Renewal Law blight factor “(d) unsanitary or unsafe conditions,” by evaluating visual conditions that indicate the occurrence of activities that inhibit the safety and health of the area including, but not limited to, excessive litter, unenclosed dumpsters, and vandalism. • Floodplains or Flood Prone Areas • Inadequate Storm Drainage Systems/Evidence of Standing Water • Poor Fire Protection Facilities • Above Average Incidences of Public Safety Responses • Inadequate Sanitation or Water Systems • Existence of Contaminants or Hazardous Conditions or Materials • High or Unusual Crime Statistics • Open/Unenclosed Trash Dumpsters • Cracked or Uneven Surfaces for Pedestrians • Illegal Dumping/Excessive Litter • Vagrants/Vandalism/Graffiti/Gang Activity • Open Ditches, Holes, or Trenches in Pedestrian Areas • Poorly Lit or Unlit Areas • Insufficient Grading/Steep Slopes • Unsafe or Exposed Electrical Wire Site Improvements The following conditions evaluate the Urban Renewal Law blight factor “(e) deterioration of site or other improvements,” by evidence of overall maintenance deficiencies within the plan area including, deterioration, poorly maintained landscaping, and overall neglect. • Neglected Properties or Evidence of Maintenance Deficiencies • Deteriorated Signage or Lighting • Deteriorated Fences, Walls, or Gates • Deteriorated On-Site Parking Surfaces, Curb and Gutter, or Sidewalks • Unpaved Parking Lot (Commercial Properties) • Poor Parking Lot/Driveway Layout • Poorly Maintained Landscaping/Overgrown Vegetation Infrastructure The observation of the following infrastructure insufficiencies is evidence of Urban Renewal Law blight factor “(f) unusual topography or inadequate public improvements or utilities.” • Deteriorated Pavement, Curb, Sidewalks, Lighting, or Drainage • Lack of Pavement, Curb, Sidewalks, Lighting, or Drainage • Presence of Overhead Utilities or Billboards • Inadequate Fire Protection Facilities/Hydrants • Inadequate Sanitation or Water Systems • Unusual Topography College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 9 Draft Report Vacancy The following conditions are evidence of Urban Renewal Law blight factor “(k) the existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements.” The primary visual condition observed is building vacancy. • An Undeveloped Parcel in a Generally Urbanized Area • Disproportionately Underdeveloped Parcel • Vacant Structures • Vacant Units in Multi-Unit Structures Other Considerations The remaining five blight factors specified in the Urban Renewal Law were not investigated further due to sufficient evidence from the visual field survey supporting a condition of blight in 6 of the 11 blight factors. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. (g) Defective or unusual conditions of title rendering the title nonmarketable. (h) The existence of conditions that endanger life or property by fire or 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. Results o f F i e l d Survey This section summarizes the findings of the visual field survey of the Study Area conducted in July 2018. Table 2 on the next page documents the blight conditions observed. These conditions are then further detailed by category. Image documentation and the location of blight conditions are presented in Appendix A of this report. College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 10 Draft Report Table 2 Visual Conditions of Blight Observed 1.01 Deteriorated External Walls / Visible Foundation X 1.02 Deteriorated Roof X 1.03 Deteriorated Fascia/Soffits X 1.04 Deteriorated Gutters/Downspouts X 1.05 Deteriorated Exterior Finishes X 1.06 Deteriorated Windows and Doors X 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks X 1.08 Deteriorated Ancillary Structures X 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Evidence of Standing Water X 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Existence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians X 4.10 Illegal Dumping / Excessive Litter X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity X 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas X 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes X 4.15 Unsafe or exposed electrical wire X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X 5.05 Unpaved Parking Lot (Commercial Properties) X 5.06 Poor Parking Lot / Driveway Layout X 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area X 11.05 Disproportionately Underdeveloped Parcel X 11.06 Vacant Structures X 11.07 Vacant Units in Multi-Unit Structures X VacancyInfrastructure Conditions Observed SiteUnsanitary Improvements UnsafeLayout / StreetBuildings College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 11 Draft Report 1. Buildings: slum, deteriorated, or deteriorating structures All of the structures in the Study Area are commercial buildings. The most prevalent conditions observed were broken windows, cracks and deterioration in external walls, peeling exterior paint, and damaged roofs. While broken windows and major exterior wall damage were observed primarily in vacant structures, other deterioration conditions were observed throughout the Study Area. The majority of the buildings in the Study Area were constructed in the 1970s or earlier and a number of the original facades are deteriorating. 2. Street Layout: predominance of defective or inadequate street layout South College Avenue and McClelland Drive are the major north/south routes for vehicular traffic within the Study Area. Drake Road is a major arterial and provides the primary east/west connection while West Thunderbird Drive provides local site access. Throughout the Study Area, poor provisions of streets and walkways for both pedestrian and vehicular traffic were observed in the form of deteriorated safety striping, poor internal circulation, lack of sidewalks, and blocked or constrained site access. South of Drake Road, the inefficient frontage roads along South College Avenue create a hazard for both pedestrians and vehicular traffic. These frontage roads present a barrier to site access and contribute to unsafe conditions for pedestrian traffic. 3. Unsafe/Unsanitary: unsanitary or unsafe conditions Throughout the Study Area, unsafe and unsanitary conditions were documented, including open/unenclosed trash dumpsters, cracked or uneven sidewalk surfaces, illegal dumping and litter, graffiti and vandalism, exposed electrical wires, and steep slopes. The most prevalent conditions were the presence of unenclosed/open dumpsters and excessive litter, primarily in less trafficked areas. In several areas attempts to cover graffiti were evident, while in other areas some graffiti was left untreated. Vandalism in the form of broken windows was also documented in most of the vacant structures, along with excessive litter and dumping. 4. Site Improvements: deterioration of site or other improvements The deterioration and overall neglect of properties throughout the Study Area is well documented. The main conditions of site deterioration include the deterioration of signage, deteriorated parking surfaces and curbs, poorly maintained vegetation, and poor parking/driveway layouts. Most of the onsite parking areas showed major deterioration, in many cases creating a safety hazard. Overall, there was evidence that site improvements throughout the area are not being maintained. 5. Infrastructure: unusual topography or inadequate public improvements or utilities Inadequate infrastructure was observed throughout the Study Area, predominantly in the form of deteriorated or missing curbs and sidewalks. Other inadequate utility systems could not be observed visually. The majority of missing and deteriorated public improvements were located in parking lot landscaping islands and sidewalks interior to the sites that were unkempt. There are also several missing sidewalk connections. College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 12 Draft Report Along South College Avenue, tree roots underneath the sidewalk stonework has created unstable walking surfaces. There is evidence that asphalt was placed over top of the stonework to level the surface; however, this temporary fix is not effective and is showing signs of deterioration. 6. Vacancy: 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 There is a total of 102,735 square feet of vacant buildings in the Study Area, including spaces previously occupied by KMart, Cricket, and Tri City Paint, compared to 37,907 square feet of occupied space - a 73 percent vacancy factor overall. In addition to vacant structures, the Study Area can be characterized as underutilized with an average 0.16 floor area ratio (FAR) overall (140,642 square feet of building / 892,280 square feet of land area), which is well below the average of 0.25 FAR or greater found in other segments of the College Avenue Corridor. Largely vacant or underutilized and undeveloped parcels were documented in the Study Area including Parcels 6, 7, and 9. Parcel 7 and the portion of Parcel 6 at the corner of McClelland Drive and Drake are underutilized by the existing Automobile Dealership. Parcel 9 is a small vacant parcel interior to the south block. Other Considerations The team collected and analyzed additional non‐visual information on the Study Area that contributed to the documentation of blight factors. Nuisance Violations Nuisance violations cover multiple Urban Renewal Law blight factors including, “d) Unsanitary or unsafe conditions” and “(e) Deterioration of site or other improvements.” The City of Fort Collins Neighborhood Services Department issues notices for violations of the nuisance code related to the misuse of property. From January 2013 to August 2018 the Study Area had a total of 22 nuisance violations, as shown in Table 3. Nuisance violations in the Study Area consisted of twelve unmaintained weeds violations, six outdoor storage and rubbish violations, three un- shoveled snow violations, and one noxious weeds violation, shown in Figure 2. Table 3 Nuisance Violations, 2013-2018 2013-2018 [1] Description 2013 2014 2015 2016 2017 2018 [1] Total Study Area 3 7 6 0 3 3 22 City of Fort Collins 7,037 8,634 8,684 9,387 12,094 7,674 53,510 [1] 2018 count is year to date (August 1) Source: City of Fort Collins; Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Data\[173061-Nuisance Violations and Crime.xlsx]T-Nuisance Violations College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 13 Draft Report Figure 2 Study Area Nuisance Code Violations, January 2013 – August 2018 College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 14 Draft Report Crime High or unusual crime is one determining criteria for the Urban Renewal Law blight factor “(d) Unsanitary or unsafe conditions.” Fort Collins Police Services provided both incident related data and offense related data for the Study Area. Incident related data includes any and all police calls generated, regardless of whether or not a crime is committed. Offense related data pertains to only criminal offenses. There were a total of 858 police incidents and criminal offenses in the Study Area from 2015 to 2018, as shown in Table 4. Based on this data, there is no evidence of high or unusual crime in the Study Area. Table 4 Police Incidents and Offenses, 2015-2018 Transportation Evaluation criteria for the Urban Renewal Law blight factor,”(b) predominance of defective or inadequate street layout,” assess the safety, quality, and efficiency of street layouts, site access, and internal circulation. The team reviewed traffic volumes, operations, and safety related information for the intersection of College Avenue and Drake Road. The intersection is the third busiest intersection in the City and sees about 73,500 entering vehicles per day. Over the past 15 years the vehicle per day count has fluctuated between 72,000 and almost 76,000. City of Fort Collins Staff indicated that because the intersection is at capacity, any area growth over the past 15 years has relied on alternate routes thus resulting in static vehicle per day counts. Levels of Service are calculated by determining an average delay in seconds per vehicle entering the intersection, then assigning a letter grade. For College and Drake, the intersection is at a Level of Service “D” in the evening rush hour. Every entering vehicle in the afternoon rush hour has an average delay of 52 seconds in getting through the intersection. During the evening rush hour there are 6,200 entering vehicles which collectively experience a total of 90 hours of delay, which results in congestion, added emissions, and safety concerns. The national Highway Safety Manual uses a statistical evaluation to determine whether an intersection has more crashes than what would be expected given geometry and volumes. At College and Drake this evaluation expects 47 crashes per year with nine that involve some level 2015-2018 YTD Description 2015 2016 2017 2018 YTD Total Police Incidents Study Area 202 191 232 155 780 City of Fort Collins 104,202 111,149 110,590 69,499 395,440 Offenses Study Area 19 24 20 15 78 City of Fort Collins 11,696 12,227 11,836 6,994 42,753 Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Data\[173061-Nuisance Violations and Crime.xlsx]T-Crime College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 15 Draft Report of injury. The intersection has an average of about 55 crashes per year, 11 of which involve some level of injury, and four of those are considered severe (non-incapacitating or incapacitating injuries). This intersection has six extra non-injury crashes and two extra injury crashes each year. The societal costs of the extra crashes is $344,000 per year. In terms of ranking, this intersection is number seven in the City in terms extra crash costs. College and Drake URA Existing Conditions Survey September 5, 2018 Economic & Planning Systems, Inc. 16 Draft Report 3. CONCLUSIONS Based on the definition of a blighted area in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq., and based on the field survey results of the Study Area, EPS concludes that the Study Area is a blighted area as defined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. The visual field survey conducted in July 2018 documented 6 of the 11 factors of blight within the Study Area. Therefore, this blighted area, as written in the Urban Renewal Law, “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.” Evidence of the following Urban Renewal Law blight factors are documented in this report: (a) Slum, deteriorated, or deteriorating structures. (b) Predominance of defective or inadequate street layout. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Unusual topography or inadequate public improvements or utilities. (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. Evidence of the following Urban Renewal Law blight factors were not visually observable, and based on the presence of other, more significant physical conditions, these factors of blight did not warrant further investigation. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. (g) Defective or unusual conditions of title rendering the title nonmarketable. (h) The existence of conditions that endanger life or property by fire or 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. As established by Urban Renewal case law in Colorado, this assessment is based on the condition of the Study Area as a whole, and recognizes that there are properties within the Study Area in standard condition. However, there is substantial evidence and documentation of 6 of the 11 blight factors in the Study Area as a whole, predominately in the vacant structures and underutilized parcels. Appendix A College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 18 Appendix A Figure 3 Image Location Reference Map College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 19 Appendix A 1 2 3 4 5 6 7 8 9 10 11 12 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 20 Appendix A 13 14 15 16 17 18 19 20 21 22 23 24 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 21 Appendix A 25 26 27 28 29 30 31 32 33 34 35 36 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 22 Appendix A 37 38 39 40 41 42 43 44 45 46 47 49 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 23 Appendix A 50 51 52 53 54 55 56 57 58 59 60 61 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 24 Appendix A 62 63 64 65 66 67 68 69 70 71 72 73 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 25 Appendix A 74 75 76 77 78 79 80 81 82 83 84 85 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 26 Appendix A 86 87 88 89 90 91 92 93 94 95 96 97 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 27 Appendix A 98 99 100 101 102 103 104 105 106 107 108 109 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 28 Appendix A 110 111 112 113 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 29 Appendix A Image 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 26 27 28 29 30 1.01 Deteriorated External Walls / Visible Foundation X X 1.02 Deteriorated Roof X X 1.03 Deteriorated Fascia/Soffits 1.04 Deteriorated Gutters/Downspouts X 1.05 Deteriorated Exterior Finishes X X X 1.06 Deteriorated Windows and Doors X X X X X 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks 1.08 Deteriorated Ancillary Structures 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X X X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Ex istence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians X X X 4.10 Illegal Dumping / Excessive Litter 4.11 Vagrants/Vandalism/Graffiti/Gang Activity X 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes 4.15 Unsafe or exposed electrical wire X X X X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting X X X X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X X X 5.05 Unpaved Parking Lot (Commercial Properties) 5.06 Poor Parking Lot / Driveway Layout X X ? 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area 11.05 Disproportionately Underdeveloped Parcel 11.06 Vacant Structures X 11.07 Vacant Units in Multi-Unit Structures X X X Vacancy InfrastructureImprovements SiteLayout Unsafe / Unsanitary Street Buildings Table 5 Blight Conditions Image Reference, 1-30 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 30 Appendix A Image Number 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 1.01 Deteriorated External Walls / Visible Foundation X X X 1.02 Deteriorated Roof 1.03 Deteriorated Fascia/Soffits 1.04 Deteriorated Gutters/Downspouts 1.05 Deteriorated Exterior Finishes X X X X X 1.06 Deteriorated Windows and Doors 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks X 1.08 Deteriorated Ancillary Structures X 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Ex istence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X X 4.09 Cracked or Uneven Surfaces for Pedestrians X X X 4.10 Illegal Dumping / Excessive Litter X X X X X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes 4.15 Unsafe or exposed electrical wire X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X X 5.02 Deteriorated Signage or Lighting X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X X 5.05 Unpaved Parking Lot (Commercial Properties) 5.06 Poor Parking Lot / Driveway Layout X 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X X X X X X X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area 11.05 Disproportionately Underdeveloped Parcel 11.06 Vacant Structures 11.07 Vacant Units in Multi-Unit Structures Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings Table 6 Blight Conditions Image Reference, 31-60 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 31 Appendix A Image Number 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 1.01 Deteriorated External Walls / Visible Foundation X 1.02 Deteriorated Roof X 1.03 Deteriorated Fascia/Soffits X 1.04 Deteriorated Gutters/Downspouts X 1.05 Deteriorated Exterior Finishes X X X X X X X X X 1.06 Deteriorated Windows and Doors X X 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks 1.08 Deteriorated Ancillary Structures X 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X X X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X X X 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water X 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Ex istence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians X X 4.10 Illegal Dumping / Excessive Litter X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity X X X 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes 4.15 Unsafe or exposed electrical wire X X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting X X X 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X 5.05 Unpaved Parking Lot (Commercial Properties) X X 5.06 Poor Parking Lot / Driveway Layout X 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X X X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area 11.05 Disproportionately Underdeveloped Parcel 11.06 Vacant Structures X X 11.07 Vacant Units in Multi-Unit Structures Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings Table 7 Blight Conditions Image Reference, 61-90 College and Drake URA Existing Conditions Survey July 20, 2018 Economic & Planning Systems, Inc. 32 Appendix A Image Number 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 1.01 Deteriorated External Walls / Visible Foundation 1.02 Deteriorated Roof 1.03 Deteriorated Fascia/Soffits 1.04 Deteriorated Gutters/Downspouts 1.05 Deteriorated Exterior Finishes 1.06 Deteriorated Windows and Doors 1.07 Deteriorated Stairways/Fire Escapes/Loading Docks 1.08 Deteriorated Ancillary Structures 2.01 Inadequate Street or Alley Width / Cross-section / Geometry 2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X X X X 2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X X X X 2.04 Insufficient Roadway Capacity Leading to Unusual Congestion 2.05 Inadequate Emergency Vehicle Access 2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X 2.07 Excessive Curb Cuts / Driveways along Commercial Blocks 2.08 Poor Internal Vehicular or Pedestrian Circulation X 4.01 Floodplains or Flood Prone Areas 4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water 4.03 Poor Fire Protection Facilities 4.04 Above Average Incidences of Public Safety Responses 4.05 Inadequate Sanitation or Water Systems 4.06 Ex istence of Contaminants or Hazardous Conditions or Materials 4.07 High or Unusual Crime Statistics 4.08 Open / Unenclosed Trash Dumpsters X 4.09 Cracked or Uneven Surfaces for Pedestrians 4.10 Illegal Dumping / Excessive Litter X 4.11 Vagrants/Vandalism/Graffiti/Gang Activity 4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas X 4.13 Poorly lit or unlit areas 4.14 Insufficient grading/steep slopes X X 4.15 Unsafe or exposed electrical wire X 5.01 Neglected Properties or Evidence of Maintenance Deficiencies X 5.02 Deteriorated Signage or Lighting 5.03 Deteriorated Fences, Walls, or Gates 5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks 5.05 Unpaved Parking Lot (Commercial Properties) X 5.06 Poor Parking Lot / Driveway Layout X X 5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X 6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X 6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X X X X X 6.03 Presence of Overhead Utilities or Billboards 6.04 Inadequate Fire Protection Facilities / Hydrants 6.05 Inadequate Sanitation or Water Systems 6.06 Unusual Topography 11.04 An Undeveloped Parcel in a Generally Urbanized Area X X X 11.05 Disproportionately Underdeveloped Parcel X 11.06 Vacant Structures 11.07 Vacant Units in Multi-Unit Structures Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings Table 8 Blight Conditions Image Reference, 91-113 Draft Report College and Drake Urban Renewal Plan Prepared for: City of Fort Collins and Fort Collins Urban Renewal Authority Prepared by: Economic & Planning Systems, Inc. October 31, 2018 EPS #173061 EXHIBIT B Table of Contents 1. INTRODUCTION ...................................................................................................... 1 2. BLIGHT CONDITIONS ............................................................................................... 1 3. PLAN GOALS AND CONFORMANCE ................................................................................. 3 Plan Goals and Objectives ........................................................................................ 3 Plan Conformance ................................................................................................... 4 4. AUTHORIZED URBAN RENEWAL POWERS ........................................................................ 7 Public Improvements and Facilities ............................................................................ 7 Cooperative Agreements .......................................................................................... 7 Purchase of Property ............................................................................................... 7 Demolition, Clearance, Environmental Remediation, and Site Preparation ........................ 8 Property Disposition ................................................................................................ 8 Redevelopment Agreements ..................................................................................... 8 Relocation Assistance .............................................................................................. 8 Hiring .................................................................................................................... 8 Legal Authority ....................................................................................................... 9 Catalyst and Enhancement Projects ........................................................................... 9 5. ANTICIPATED URBAN RENEWAL ACTIVITIES ................................................................... 10 Private Project Investments .................................................................................... 10 Public Improvement Priorities ................................................................................. 13 6. PROJECT FINANCING .............................................................................................. 15 Property Tax Increment Financing (TIF) ................................................................... 15 Sales Tax Increment Financing ............................................................................... 22 Tax Increment Reimbursements .............................................................................. 26 7. MODIFICATIONS TO THE PLAN ................................................................................... 27 8. SEVERABILITY AND REASONABLE VARIATIONS ................................................................ 28 9. EFFECTIVE DATE OF THE PLAN .................................................................................. 29 List of Tables Table 1 Proposed Grocery-Anchored Development Summary (August 2018) .................... 10 Table 2 Proposed Mixed-Use Development Summary (August 2018) ............................... 11 Table 3 Eligible Public Improvements ......................................................................... 14 Table 4 Plan Area Existing and Estimated Property Tax Values ....................................... 19 Table 5 Property Tax Increment Revenues by Taxing District ......................................... 20 Table 6 Estimated Taxable Sales ................................................................................ 24 Table 7 Estimated Sales Tax Revenue......................................................................... 25 List of Figures Figure 1 College and Drake Urban Renewal Plan Area and TIF District ................................ 3 Figure 2 Proposed Grocery-Anchored Development Concept Plan (May 2018) .................... 11 Figure 3 Proposed Mixed-Use Development Concept Plan (August 2018) ........................... 12 Economic & Planning Systems, Inc. 1 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 1. INTRODUCTION The College and Drake Urban Renewal Plan (“Plan”) is an urban renewal plan prepared for the Fort Collins Urban Renewal Authority (“Authority”) and the City of Fort Collins (“City”), pursuant to the provisions of the Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (“Urban Renewal Law”). Unless otherwise stated, terms used in this 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 and activities constituting an urban renewal project under the Urban Renewal Law in the College and Drake Urban Renewal Plan Area as legally described in Appendix A and depicted in Figure 1 of this Plan (“Plan Area”). This Plan was prepared for adoption by the Fort Collins City Council (the “City Council”) in recognition that the Plan Area 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 overall condition of this area by creation of the Plan Area. The driving interest in the establishment of this Plan is to enable the use of 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. This Plan effort originated in response to two proposals for private development in the Plan Area. While these two projects are anticipated to occur in the near term, additional development and redevelopment may occur incrementally over a period of time, with the potential for the Authority to engage in additional redevelopment activities at a faster pace than might occur otherwise. 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 Plan Area stating the following: time, date, place, and a description of the Plan and its general scope. Meetings were held before the Planning and Zoning Board and the Authority’s board in Fall 2018 to receive comments and input on this Plan. To the extent provided in Colorado Open Public Records Act 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 30 acres and contains 13 parcels, including right-of-way. The City of Fort Collins Structure Plan identifies this area as a General Commercial District. The City of College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 2 Draft Report Fort Collins Zoning Map indicates this area is zoned as a General Commercial District and is also in a Transit-Oriented Development Overlay Zone. The boundary of the Plan Area to which this Plan applies generally includes those properties located within the area bounded by: • South College Avenue to the east; • West Thunderbird Drive to the south; • McClelland Drive to the west; and • The north exterior wall of the vacant K-Mart property to the north. The Plan Area is depicted on the Boundary Map in Figure 1 on the following page. A legal description of the area is attached as Appendix A. Description of the Tax Increment Financing District The College and Drake Tax TIF District has the same boundaries as the Plan Area and is depicted on the Boundary Map shown in Figure 1 on the following page. A legal description of the TIF District is attached as Appendix A. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 3 Draft Report Figure 1 College and Drake Urban Renewal Plan Area and TIF District Economic & Planning Systems, Inc. 1 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 2. BLIGHT CONDITIONS Before an urban renewal plan can be adopted by the City Council, there must be a determination that an area constitutes a blighted area. This determination depends upon the presence of several physical, environmental, and social factors. Blight is 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 (C.R.S. § 31-25-103) 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 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 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 2 Draft Report 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 use the powers of eminent domain, the definition of “blighted” is broadened to require that five of the eleven blight factors must be present (C.R.S. § 31-25-105.5(5)(a)): (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. The methodology used to prepare the College and Drake Existing Conditions Survey for the Plan Area involved the following steps: (i) identify parcels to be included in the Plan Area; (ii) gather information about the properties and infrastructure within the Plan Area boundaries; (iii) evaluate evidence of blight through field reconnaissance; and, (iv) record observed and documented conditions listed as blight factors in State Statute. The entire College and Drake Existing Conditions Survey is included as Appendix B of this Plan. Based on the evidence presented at a public hearing, and in the College and Drake Existing Conditions Survey dated July 2018, 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 six factors: (a) Slum, deteriorated, or deteriorating structures. (b) Predominance of defective or inadequate street layout. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Unusual topography or inadequate public improvements or utilities. (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. 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 health, safety and welfare of the community. Based on evidence of the “blighted” factors, the Plan Area is appropriate for authorized undertakings and activities of the Authority pursuant to the Urban Renewal Law. Economic & Planning Systems, Inc. 3 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 3. PLAN GOALS AND CONFORMANCE Plan Goals and 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 (City of Fort Collins Comprehensive Plan), 2011 • Midtown Plan, 2013 • City of Fort Collins Master Street Plan, 2013 • City of Fort Collins Transportation Master Plan, 2011 The Plan is intended to stimulate private sector development and redevelopment 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, including vacancy, underutilization, and underinvestment. • To implement the Comprehensive Plan and its related elements. • To leverage reinvestment and development outcomes to redevelop and rehabilitate the area in a manner that is compatible with and complementary to community goals and objectives for the Plan Area. • To effectively utilize undeveloped and underdeveloped land. • To improve pedestrian, bicycle, vehicular and transit-related circulation and safety. • To encourage the rehabilitation and redevelopment of outmoded buildings, improvements, and conditions. • To facilitate the enforcement of the laws and regulations applicable to the Plan Area. • To accommodate 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. • To provide a range of financing mechanisms to incent investment, including utilizing incremental taxes derived from within the Plan Area to enable enhanced development outcomes, both public and private. • To ultimately contribute to increased revenues for all taxing entities. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 4 Draft Report Plan Conformance Urban Renewal Law This Plan is in conformity with and subject to the applicable statutory requirements of the Urban Renewal Law. City Plan The City’s adopted Comprehensive Plan, known as City Plan, describes desirable land use and transportation patterns, with goals and policies for those topics along with community appearance and design, the environment, open lands, housing, the economy, and growth management. The City of Fort Collins is currently updating City Plan, scheduled to be completed in early 2019. This Plan is intended to provide the mechanisms to facilitate implementation of City Plan, and therefore it is in direct conformance with the current City Plan and is not anticipated to conflict with the updated plan. The following excerpts from the existing City Plan highlight the linkage between City Plan and this Plan. These are representative excerpts, and not an all-inclusive list of relevant statements: City Plan. 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. City Plan. 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 (See Figure LIV 1). The purpose of these areas is to: • 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. City Plan. 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. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 5 Draft Report Other Notable City Plan Concepts • Policy LIV 30.6 - Reduce Land Devoted to Surface Parking Lots. Support transit use and a pedestrian-friendly environment, reduce land devoted to surface parking lots as infill and redevelopment occur. • Policy LIV 31.1 - Relationship of Commercial District Uses. Encourage and concentrate active uses and vertical mixed-use at key intersections. • Policy LIV 31.5 - Incorporate Public Spaces and Community Facilities. Incorporate mixture of type and scale public spaces, such as plazas, courtyards, urban pocket parks. • Key Theme - Provide Transit-Oriented Activity Centers. “Focal points and centers of activity”, with “higher intensities”, and a high-quality pedestrian and transit orientated environment. • Key Theme - Reduce Carbon Emissions. Through support of a “compact development pattern, an interconnected transit system, multiple means of travel, [and] transit-oriented activity centers”. Midtown Plan City Council adopted the Midtown Plan on October 1, 2013, which establishes guidelines for future redevelopment of the Midtown Area—a major economic engine in the City—in compliance with the adopted City Plan. The Midtown Plan seeks to complement current and forthcoming investment by developing a vision and associated land use tools to guide the design of future redevelopment, and identify opportunities to further enhance streetscapes and multi-modal connectivity. The Plan Area is located in the Upper Midtown Character Area in the Midtown Plan. This Plan is in conformance with the following concepts from the Midtown Plan: • Improved Internal Circulation - Internal streets should be developed that provide access between properties at a slower, calmer pace that is inviting to business and residential users. • Incent New Investment - “Incentivize new investment and enact policies” for implementation that aligns with the Plan’s vision. • Vitality - Midtown will be a vital corridor with a mix of uses and activities. • Craft a parking strategy that supports increased densities. • Promote optimum use of the MAX Bus Rapid Transit system. Midtown in Motion The Midtown in Motion transportation design plan for College Avenue was adopted by City Council in October of 2014, encompassing College Avenue from Prospect Road to Harmony Road. The design plan addresses College Avenue, the adjacent frontage roads, and connections to the Mason Bus Rapid Transit (BRT) stations. Midtown in Motion is an implementation element stemming from the City of Fort Collins Transportation Master Plan and the Midtown Plan. The following concepts included in Midtown in Motion support this Plan: • Improving safety for all modes of travel. • Providing bicycle circulation options. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 6 Draft Report • Enhancing pedestrian circulation across College Avenue and to MAX BRT. • Ensuring mobility and accessibility for people of all ages and abilities. • Utilizing frontage and circulation roads to provide business access. • Creating beautiful, identifiable, and unique design. • Identifying funding and building partnerships. Development Standards and Procedures All development within the Plan Area shall conform to the City’s Land Use Code and any site- specific City zoning regulations and policies which might impact properties in the Plan Area, all as in effect and as may be amended from time to time. However, as authorized by the Urban Renewal Law, the Authority may arrange with the City for the planning, replanning, zoning or rezoning of any part f the Plan Area as needed in connection with urban renewal project described in this Plan. Economic & Planning Systems, Inc. 7 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 4. AUTHORIZED URBAN RENEWAL POWERS To support progress toward the outlined objectives of this Plan, the Authority may pursue any of the following renewal undertakings and 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, transit, and pedestrian access 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, other public entities and private parties. Such agreement may include provisions regarding project financing and implementation; design, location, construction of public improvements; revenue sharing or other measures approved by the Authority to offset urban renewal project impacts on improvements or services; and any other matters required to implement this Plan. Potential entities include, but are not limited to: Xcel Energy, CenturyLink, Comcast, Poudre Valley Fire Authority, 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 and in accordance with the Urban Renewal Law. If the power of eminent domain is to be exercised for the purpose of transfer of property to another private person or entity, the Authority’s decision whether to acquire the property through eminent domain shall be guided by the following criteria, with the understanding that these guidelines shall not be construed to constrain the Authority’s legal ability to exercise the power of eminent domain: • All requirements of the Urban Renewal Law, including eminent domain procedures, have been met. • Other possible alternatives have been thoroughly considered by the Authority. • Good faith negotiations by the Authority and/or the project developers have been rejected by the property owner. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 8 Draft Report • 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 Preparation 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 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. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 9 Draft Report Legal Authority In implementing and conducting the urban renewal project authorized in this Plan, the Authority may also exercise all other powers given to it under the Urban Renewal Law and any other applicable law. Catalyst and Enhancement Projects There may also be opportunity for 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. Economic & Planning Systems, Inc. 10 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 5. ANTICIPATED URBAN RENEWAL ACTIVITIES Anticipated undertakings and activities within the Urban Renewal Plan Area include, without limitation: (1) redevelopment of the vacant K-Mart property north of Drake Road as a grocery superstore and (2) redevelopment of the Spradley Barr Mazda auto dealership site south of Drake Road as an urban mixed-use development. The Plan also anticipates public infrastructure improvements to support these redevelopment activities as well as to support the continued viability of existing commercial uses in the Plan Area as further detailed below. Private Project Investments Proposed Grocery-Anchored Development A King Soopers grocery-anchored development is being proposed for the Dillon Companies/ Kroger owned parcels on the northwest corner of Drake Road and College Avenue, currently containing the vacant K-Mart structure. This proposed development includes a 92,000 square foot King Soopers Marketplace and 8,100 square feet of ancillary retail store space, as shown in Table 1. This project would involve the relocation of an existing King Soopers store, currently located 0.2 miles to the north of the parcel. The existing fuel station on the site would remain. The existing 5,500 square foot Jiffy Lube Auto Center at the southeast corner of the site would also remain, as shown in Figure 2. Table 1 Proposed Grocery-Anchored Development Summary (August 2018) The proposal includes 373 parking spaces dedicated to the development (including 8 cart corrals), as well as 60 spaces of parking dedicated for MAX BRT located just west of the proposed supermarket under an existing easement. The site plan is currently in the planning stages, however there is a desire for the development to “urbanize around the fringe” to enhance the public spaces and urban elements in the area. Description Size Dillon Companies Property Grocery (King Soopers) 92,000 sq. ft. Ancillary Retail 8,100 sq. ft. Existing Retail 5,500 sq. ft. Parking 433 spaces Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Data\[173061- Development Plan Summary.xlsx]Dev Program Summary College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 11 Draft Report Figure 2 Proposed Grocery-Anchored Development Concept Plan (May 2018) Proposed Mixed-Use Development A mixed-use development is proposed for the Dracol owned parcels on the southwest corner of Drake Road and College Avenue, currently containing the Spradley-Barr Mazda dealership and service center. The proposed development would include 17,200 square feet of retail in three structures, a 110-room hotel, and two multifamily apartment buildings with a total of 190 residential units, as shown in Table 2. The design of the development is oriented towards the street, with landscaping around the edge and parking internal to the site, as shown in Figure 3. Table 2 Proposed Mixed-Use Development Summary (August 2018) Description Size Dracol Property Residential Building A 99 units Building B 91 units Retail 17,200 sq. ft. Hotel 110 rooms Source: Economic & Planning Systems College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 12 Draft Report Figure 3 Proposed Mixed-Use Development Concept Plan (August 2018) College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 13 Draft Report Public Improvement Priorities The Authority may, or may not, cooperate with others to, install, construct, and reconstruct any public improvements for the purpose of promoting the objectives of the Plan and the Urban Renewal Law. Public projects are intended to stimulate (directly and indirectly) investment in and around the Plan Area. It is the intent of this Plan that the combination of public and private investment that may be necessary to advance the objectives stated herein will assist in the investment and reinvestment of the Plan Area and thereby contribute to the overall economic wellbeing of the community. Eligible Public Improvements Senior City Planning and Engineering staff have identified a preliminary list of eligible public improvements for the Plan Area, as shown in Table 3. These improvements are grouped in three categories, as follows: 1. Development Related – These Category 1 improvements include improvements that are required to be built to implement the two private redevelopment projects proposed to be built in the near term. These improvements are anticipated to be built and paid for by the private developer; however some TIF may be needed to address project feasibility. 2. Plan Area Improvements – These Category 2 improvements include public improvements that address blighted conditions and improve the overall Plan Area environment, but are not specifically needed or required by the anticipated private development activity. These improvements are expected to be paid for by TIF and/or other public funds. 3. Additional Opportunities – These Category 3 improvements include other Plan Area improvements that are either more long term, lower priority, or require additional study compared to those listed in Category 2. One or more of these projects could move up in priority if future conditions and needs change. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 14 Draft Report Table 3 Eligible Public Improvements 1. Development-related Estimated Cost 1 Dual left turns EB Drake to NB College $707,900 2 Pork Chop (Pedestrian Refuge) islands at Drake and College $201,200 3 Relocating College Ave street lights from medians to outside edges (based on college and prospect estimate) $219,600 4 Bus stop improvements on Drake near MAX (4 total) $24,000 5 Detached sidewalks with landscaped parkways $838,300 6 Access / turn lane / approach improvements on Drake between College and Redwing TBD 7 Drake ductile water line replacement TBD 8 Mid-block left turns between College and McClelland TBD Subtotal $1,991,000 2. Plan Area Improvements Estimated Cost 1 Signs and pavement markings (included as percentage in each estimate) TBD 2 Color concrete crosswalks at Drake and College (4 total) $87,300 3 New traffic signal system at Drake and College $300,000 4 Landscaped medians per current Streetscape standards $452,700 5 Extend concrete pavement limits on Drake, for approaches to College (R.O.W estimate) $1,079,800 6 College Avenue stormwater inlet replacements TBD 7 East side of College multi-use path TBD Subtotal $1,919,800 3. Additional Opportunities Estimated Cost 1 Outside of URA area, access / turn lane improvements on Drake between College and Harvard Street? TBD 2 WB to SB (future) TBD 3 Bay Road Improvements (CSU Campus Master Plan) TBD 4 Bike/ped grade separation of Mason Trail at Drake (top tier project identified in recently completed Master Plan study) TBD 5 Drake MAX Station Parking Structure $7,000,000 Subtotal $7,000,000 Total $10,910,800 H:\173061-Fort Collins Urban Renewal Authority\Data\[Public Improvements Project List.xlsx]Prioritization Summary For Rpt Economic & Planning Systems, Inc. 15 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 6. PROJECT FINANCING Financing Powers Except as hereafter specifically provided, the undertakings and activities of the urban renewal project described in this Plan may be financed, in whole or in part, by the Authority to the full extent authorized under the TIF provisions of CRS § 31-25-107(9)(a) in the Urban Renewal Law, as amended, and with any other available sources of revenues and means of financing authorized to be undertaken by the Authority pursuant to the Urban Renewal Law and under any other applicable law, which shall include, without limitation: • The collection and use of 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. • The issuance of bonds and other indebtedness, including, without limitation, notes or any other financing instruments or documents in amounts sufficient to finance all or part of the Plan. The borrowing of funds and creation of other indebtedness. • The use of any and all financing methods legally available to the City, the Authority, any private developer, redeveloper, or owner to finance in whole or in part any and all costs, including without limitation the cost of public improvements, described or anticipated in the Plan or in any manner related or incidental to the development of the Plan Area. Such methods may be combined to finance all or part of activities and undertakings throughout the Plan Area. • The principal, interest, any premiums and any other amounts legally due on or in connection with any indebtedness or obligation of the Authority may be paid from property tax increments, sales tax increments or any other funds, revenues, assets or property legally available to the Authority. This Plan contemplates, however, that the primary method of assisting with financing eligible expenses in the Plan Area will be through the use of revenues from Property Tax Increment and Sales Tax Increment. It is the intent of the City Council in approving this Plan to authorize the use of TIF by the Authority as part of its efforts to advance the vision, objectives, and activities described herein. Tax Increment Financing District Pursuant to the provisions of Section 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council hereby approves the Plan Area as a single tax increment financing district with the same boundary as the Plan Area (the “District”). The boundaries of this District shall therefore be as depicted in Figure 1 and legally described in Appendix A. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 16 Draft Report Property Tax Increment Financing The Authority is specifically authorized to collect and expend property tax increment revenue to the full extent authorized by the Urban Renewal Law and to use that revenue for all purposes authorized under this Plan. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 17 Draft Report Property Tax Increment Limitations The Authority shall establish a fund for the financing authorized under this Plan that shall be funded with the property tax allocation authorized to the Authority under the Urban Renewal Law in C.R.S. Section 31-25-107(9). Under this method, the property taxes of specifically designated public bodies, if any, 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 the designated public body must 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. Increment Amount – That portion of said property taxes in excess of such base amount must 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. Any excess property tax collections not allocated in this way must be paid into the funds of the municipality or other taxing entity, as applicable. 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 the taxable property in the Plan Area must be paid into the funds of the respective public bodies. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in the Plan Area must be paid into the funds of the respective public bodies, and all moneys remaining in the special fund that have not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing body, other than the City, within the boundaries of the Plan Area must be repaid to each taxing body based on the pro rata share of the prior year’s property tax increment attributable to each taxing body’s current mill levy in which property taxes were divided. Any moneys remaining in the special fund not generated by property tax increment are excluded from any such repayment requirement. Notwithstanding any other provision of law, any additional revenues the City, county, special district, or school district receives either because the voters have authorized the City, county, special district, or school district to retain and spend said moneys pursuant to section 20(7)(d) of Article X of the Colorado Constitution subsequent to the creation of this special fund or as a result of an increase in the property tax mill levy approved by the voters of the City, county, special district, or school district subsequent to the creation of the special fund, to the extent the total mill levy of the City, county, special district, or school district exceeds the respective mill levy in effect at the time of approval or substantial modification of the Plan, are not included in the amount of the increment that is allocated to and, when collected, paid into the special fund of the authority. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 18 Draft Report In calculating and making these payments, the County Treasurer may offset the Authority’s pro rata portion of any property taxes that are paid to the authority under these terms and that are subsequently refunded to the taxpayer against any subsequent payments due to the authority for an urban renewal project. The Authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the Authority to offset the Authority’s pro rata portion of the refunds. The Authority may establish a reserve fund for this purpose or enter into an intergovernmental agreement with the municipal governing body in which the municipality assumes responsibility for the return of the overpayments. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with Section 31- 25-107(9)(a)(III) and (b), C.R.S. The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. At the time of general reassessment of taxable property valuations in Larimer County, including all or part of the Plan Area 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 or change. Note that at the time of this Plan adoption, such a general reassessment occurs every two years, in the odd-numbered years. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 19 Draft Report Property Tax Increment Forecasts The estimated property tax valuations and Plan Area tax increment associated with the two proposed redevelopment projects are shown in Table 4 below. The estimated actual value of the King Soopers project, including the existing retail that will remain onsite, is $13.7 million and the estimated actual value of the Brinkman Development is $60.4 million, resulting a total of $74.2 million. Including the existing uses in the rest of the Plan Area, the total estimated actual value for the Plan Area is $75.7 million. The total estimated assessed value of the combined new developments (Real Property only) is $12.4 million, and for the entire Plan Area is $12.8 million, as shown. Table 4 Plan Area Existing and Estimated Property Tax Values Description Size Value Factor Estimated Actual Value1 Base (2019) Assessed Value1 Estimated (2021) Assessed Value1 Total Assessed Value Increment King Soopers Development King Soopers 92,000 sq. ft. $110 /sq. ft. $10,120,000 $1,146,602 $2,934,800 $1,788,200 Ancillary Retail 8,100 sq. ft. $269 /sq. ft. $2,180,700 $342,200 $632,398 $290,200 Existing Retail 5,500 sq. ft. Tax Records $1,442,400 $418,296 $418,296 $0 Total $13,743,100 $1,907,100 $3,985,494 $2,078,400 Brinkman Development Apartments 190 units $220,000 /unit $41,800,000 $3,009,600 Hotel 110 keys $127,288 /room $14,001,700 $4,060,487 Retail 17,200 sq. ft. $269 /sq. ft. $4,630,600 $1,342,869 Total $60,432,300 $1,199,600 $8,412,957 $7,213,400 Other URA Parcels Retail 2,008 sq. ft. Service 6,172 sq. ft. Total $1,487,210 $431,291 $431,291 $0 GRAND TOTAL $75,662,610 $3,537,991 $12,829,741 $9,291,800 1 Real Property Source: Larimer County Assessor; Economic & Planning Systems College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 20 Draft Report The assessed value of all existing uses in the Plan Area represents the TIF base, which totals $3.5 million as also shown above. Subtracting the base from the new assessed value provides an estimate of the net assessed value used in calculating the Plan Area tax increment. The total assessed value is expected to be approximately $12.8 million when these two projects are complete in 2020, a net increase of $9.3 million. The associated tax increment forecasts are shown in Table 5. The forecasts are shown for each taxing district within the Plan Area and in total. The total annual tax increment is forecast to be approximately $844,000 in the first year of stabilization in 2021, totaling $20.3 million over the 25-year period of TIF eligibility. The Poudre Valley School District, with a combined mill levy, comprises the largest component of the total 25-year TIF at $11.7 million, which is comprised of general fund mill levy of 38.683 and a Bond Payment mill levy of 13.947 followed by Larimer County with 22.092 mills at $4.9 million. The City of Fort Collins mill levy is 9.797 and would generate approximately $2.2 million over the 25-year TIF period. Table 5 Property Tax Increment Revenues by Taxing District Taxing District Cooperative Agreements Pursuant to the provisions of Section 31-205-107(9.5)(a) of the Urban Renewal Law, the Authority has notified the Board of County Commissioners of Larimer County and the governing boards of all other taxing entities whose incremental property tax revenues would be allocated under this Plan. Representatives of the Authority and the governing body of each taxing entity have met and attempted to negotiate an agreement governing the sharing of incremental property tax revenue allocated to the special fund of the Authority. The agreements address, without limitation, estimated impacts of the Plan on county or district services associated solely with the Plan. Description Mill Levy Tax Liability Annual Increment 2021-2044 Total Total Assessed Value Increment $9,291,800 $843,956 Taxing District Larimer County 22.092 $205,274 $205,274 $4,926,587 City of Fort Collins 9.797 $91,032 $91,032 $2,184,762 Poudre R-1 General Fund 38.683 $359,435 $359,435 $8,626,433 Poudre R-1 Bond Payment 13.947 $129,593 $129,593 $3,110,226 Poudre River Public Library District 3.000 $27,875 $27,875 $669,010 Health District of No. Larimer County 2.167 $20,135 $20,135 $483,248 N. Colorado Water Conservation District 1.000 $9,292 $9,292 $223,003 Larimer County Pest Control District 0.142 $1,319 $1,319 $31,666 Total 90.828 $843,956 $20,254,935 Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[173061- Order of Magnitude TIF 9-6-18.xlsx]Property Tax District Detail College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 21 Draft Report Any such, shared incremental tax revenues governed by any agreement are limited to all or any portion of the incremental revenue generated by the taxes levied upon taxable property by the taxing entity within the area covered by the Plan in addition to any incremental sales tax revenues generated within the Plan Area by the imposition of the sales tax of the City and, at the option of any other taxing entity levying a sales tax in the area covered by the Plan, any incremental sales tax revenues of such other taxing entity that are included within the agreement. Copies of this Plan have been provided to all public entities having taxing authority within the Plan Area for their review and comment. Larimer County received the Impact Report required by C.R.S. § 31- 25-107(3.5) of the Urban Renewal Law, and all other taxing entities having taxing authority within the Plan Area received a copy of an Impact Report similar to that required by C.R.S. § 31-25-107(3.5) of the Urban Renewal Law for counties, which includes information necessary to comply with HB 15-1348 and SB 16-177 and for the taxing entity to analyze the proposed Plan. For each taxing entity the Impact Report indicates the current taxes being generated from the Plan Area, the current proposed development plan, and the proposed capture of tax increment from the Plan Area as it relates to each taxing entity. As required by the Urban Renewal Law, the Authority entered into an Intergovernmental Agreement (“IGA”) with each taxing entity within the Plan Area to set out the terms and conditions governing the sharing of incremental property tax revenue within the Plan Area. IGAs authorizing the use of Property Tax Increment within the Plan Area have been negotiated and approved with the following taxing bodies: • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 • 3 The following taxing bodies have not agreed to share Property Tax Increment in support of the Plan and the incremental property tax revenues generated by their mill levies will not be included within the revenues the Authority is authorized to receive: • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 The following taxing bodies also have not agreed to share Property Tax Increment in support of the Plan and the incremental property tax revenues generated by their mill levies will not be included within the revenues the Authority is authorized to receive; however, mediation with these taxing entities is in process as of the date of approval of the Plan. In the event that agreement is reached with these taxing bodies, or the findings issued by the mediator allocate Property Tax Increment from these mill levies to the Authority, the addition of such revenue to the Special Fund under this Plan shall not be a substantial modification to the Plan. • 1 “NAME OF BODY” Letter Agreement/Intergovernmental Agreement dated DATE • 2 College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 22 Draft Report Sales Tax Increment Financing The urban renewal project under the Plan may also be financed by the Authority under the sales tax allocation financing provisions of the Urban Renewal Law in C.R.S. Section 31-25-107(9). The Urban Renewal Law allows that upon the adoption or amendment of an Urban Renewal Plan, sales taxes flowing to the City may be “frozen” at their current level. The current level is established based on the previous 12 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) that 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 Plan. This increment is not an additional sales tax, but rather is a portion of the established tax collected by the City, and the sales tax increment resulting from redevelopment efforts and activities contemplated in this Plan. Pursuant to the provisions of Section 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council specifically authorizes the use of Tax Increment from the 2.25 percent City general purpose sales tax, and agrees to allow NUMBER percent (x%) of the Sales Tax Increment generated under this Plan to be received by the Authority to further the goals of the Plan. City Sales Tax Increment Limitations A fund for financing projects may be accrued and used by the Authority under the tax allocation financing provisions of the Urban Renewal Law. Under this method, municipal sales taxes collected within the Plan Area, by or for the benefit of the designated public body must 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 municipal sales taxes, not including any sales taxes for remote sales as specified in § 39-26-104 (2), C.R.S., collected within the boundaries of the Plan Area in the twelve-month period ending on the last day of the month prior to the effective date of approval of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. Increment Amount – All or any portion of said municipal sales taxes in excess of such base amount, must 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. Any excess municipal sales tax collections not allocated in this way must be paid into the funds of the municipality, as applicable. Unless and until the total municipal sales tax collections in the Plan Area exceed the base year municipal sales tax collections in the Plan Area, all such sales tax collections must be paid into the funds of the City. The portion of taxes collected may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 23 Draft Report placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers or any reserve funds reserved by the Authority for such purposes in accordance with C.R.S. Section 31-25-107(9)(a)(III) and (b). The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. In the event there is a change in the sales tax percentage levied in the City including all or part of the Plan Area subject to division of sales taxes between base and increment, as provided above, the portions of valuations for sales taxes to be allocated as provided above shall be proportionately adjusted in accordance with such change. College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 24 Draft Report Sales Tax Increment Forecasts The City can commit all or a portion of the incremental sales tax revenues from the City’s general fund sales tax generated by the proposed redevelopment as tax increment. The King Soopers Marketplace is forecast to generate $46.5 million in annual taxable sales based on 92,000 square feet at an estimated rate of $505 per square foot, as shown in Table 6. Based on estimates, this average sales rate represents a modest 5 percent increase over the average of existing grocery stores in Fort Collins of $480 per square foot. The new 8,100 square feet of ancillary retail space in the King Soopers project is projected to generate $1.8 million in annual taxable sales, based on an average $225 per square foot for an unspecified mix of retailers. Similarly, the 17,200 square feet of ancillary space in the Brinkman redevelopment is projected to generate $3.9 million in annual taxable sales. The total new taxable sales within the Plan Area is estimated at $52.15 million as shown. Table 6 Estimated Taxable Sales Description Size Sales/Sq.Ft Total Sales Dillon Companies Site King Soopers1 92,000 sq. ft. $505 $46,460,000 Ancillary Retail 2 8,100 sq. ft. $225 $1,822,500 Dillon Companies Site Total 100,100 sq. ft. $48,282,500 Dracol Site New Retail 17,200 sq. ft. $225 $3,870,000 Dracol Site Total 17,200 sq. ft. $3,870,000 Total Plan Area Net New $52,152,500 Total Sales Tax @ 2.25% $1,173,431 1 Existing King Soopers S. College store; sales/sq.ft. based on average Fort Collins grocery sales 2 Existing 5,500 sq.ft. of retail on the site is not included Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[Table 6_9-7.xlsx]Table 6 Property College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 25 Draft Report Applying the City’s 2.25 percent sales tax rate to the projected new sales results in an estimated $1.2 million in annual new sales taxes from the Plan Area. This excludes sales and sales taxes from existing retail uses within the Plan Area that area expected to remain. The portion of King Soopers taxable sales and sales taxes that can be considered net new to the City and potentially eligible for tax increment is shown in Table 7. The 50,000 square foot King Soopers at 2325 South College is proposed to be closed and replaced by the larger Marketplace store within the Plan Area. Taxable sales at the existing store are estimated at $24.0 million based on the 50,000 square foot store size and an average of $480 per square foot in sales (this equates to the average 2017 annual sales of all Fort Collins grocery stores). Table 7 Estimated Sales Tax Revenue This results in annual net new sales of approximately $24.3 million for King Soopers/Dillion site and $28.2 million for the Plan Area. At the 2.25 percent tax rate, the net new sales taxes would equal $546,000 per year for the King Soopers site and $633,000 per year for the total Plan Area as shown. Description Size Sales/Sq.Ft Total Sales Tax Rate Tax Revenue Dillon Companies Site King Soopers 92,000 sq. ft. $505 $46,460,000 2.25% $1,045,350 Ancillary Retail 2 8,100 sq. ft. $225 $1,822,500 2.25% $41,000 Existing Store Sales 1 50,000 sq. ft. $480 $24,000,000 2.25% $540,000 Dillon Companies Site Net New $24,282,500 $546,350 Dracol Site New Retail 17,200 sq. ft. $225 $3,870,000 2.25% $87,075 Dracol Site Total 17,200 sq. ft. $3,870,000 $87,075 Total Plan Area Net New $28,152,500 $633,425 1 Existing King Soopers S. College store; sales/sq.ft. based on average Fort Collins grocery sales 2 Existing 5,500 sq.ft. of retail on the site is not included Source: Economic & Planning Systems H:\173061-Fort Collins Urban Renewal Authority\Models\[173061- Order of Magnitude TIF 9-6-18.xlsx]Sales Tax V2 Property Sales Tax College and Drake Urban Renewal Plan October 31, 2018 Economic & Planning Systems, Inc. 26 Draft Report Tax Increment Reimbursements Tax increment revenues may be used to reimburse the City and/or a developer for costs incurred for improvements related to a project to pay the debt incurred by the Authority with such entities for urban renewal activities and purposes. Tax increment revenues may also be used to pay bonded indebtedness, financial obligations, and debts of the authority related to urban renewal activities under this Plan. Within the twelve-month period prior to the effective date of the approval or modification of the Plan requiring the allocation of moneys to the Authority as outlined previously, the City, county, special district, or school district is entitled to the reimbursement of any moneys that such City, county, special district, or school district pays to, contributes to, or invests in the Authority for a project. The reimbursement is to be paid from the special fund of the Authority. Economic & Planning Systems, Inc. 27 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 7. 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 IGAs. Economic & Planning Systems, Inc. 28 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 8. SEVERABILITY AND 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 reasonable 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. If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. Economic & Planning Systems, Inc. 29 173061_Draft Report_College and Drake Urban Renewal Plan - 103118.docx 9. EFFECTIVE DATE OF THE PLAN This Plan shall be effective upon its final approval by the 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.