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HomeMy WebLinkAboutAgenda - Mail Packet - 10/2/2018 - Fort Collins Urban Renewal Authority Agenda - October 12, 2018City of Fort Collins Page 1 Wade Troxell, Chair Council Information Center Gerry Horak, Vice-Chair City Hall West Bob Overbeck 300 LaPorte Avenue Ray Martinez Fort Collins, Colorado Ken Summers Kristin Stephens Ross Cunniff Cablecast on City Cable Channel 14 Steve Johnson and Channel 881 on the Comcast cable system Christophe Febvre Joe Wise Andy Smith Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. URBAN RENEWAL AUTHORITY MEETING October 12, 2018 3:00 PM  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW  Executive Director’s Review of Agenda.  CITIZEN PARTICIPATION City of Fort Collins Page 2 Individuals who wish to make comments regarding items not specifically scheduled on the agenda must first be recognized by the Chair or Vice Chair. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 3 minutes. If there are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed for each individual.  State your name and address for the record.  Applause, outbursts or other demonstrations by the audience are not allowed  Keep comments brief; if available, provide a written copy of statement to Secretary  Address your comments to Council, not the audience  CITIZEN PARTICIPATION FOLLOW-UP  STAFF REPORTS  COMMISSIONER REPORTS Discussion Items The method of debate for discussion items is as follows: ● Chair introduces the item number and subject; asks if formal presentation will be made by staff ● Staff and/or Applicant presentation (optional) ● Chair requests citizen comment on the item (three-minute limit for each citizen) ● Board questions of staff on the item ● Board motion on the item ● Board discussion ● Final Board comments ● Board vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Chair, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 1. Consideration and Approval of the August 24, 2018 Urban Renewal Authority Board Meeting. The purpose of this item is to approve the minutes from the August 24, 2018 Urban Renewal Authority Board meeting. 2. Resolution No. 092 Appointing the Authority's New Legal Counsel and Authorizing the Executive Director to Enter into a Professional Services Agreement for the Legal Services to be Provided by that Legal Counsel. (staff: Josh Birks; 2 minute staff presentation; 10 minute discussion) The purpose of this item is to discuss the selection of outside legal services to serve as the Urban Renewal Authority (URA) legal representation and to authorize the Executive Director to execute the contractual agreement. City of Fort Collins Page 3 3. Public Hearing and Resolution No. 093 Adopting the 2019 Budget for the Fort Collins Urban Renewal Authority. (staff: Josh Birks; 5 minute staff presentation; 20 minute discussion) The purpose of this item is to adopt the 2019 budget and to appropriate the funds to be spent for the Fort Collins Urban Renewal Authority (URA), comprised of the North College Tax Increment Financing (TIF) District, the Prospect South TIF District, and the Foothills TIF District. The budget revenues include property and sales tax increment, and interest earned on investments for a total of $5,593,535. Budget expenses include general operations, project obligations and debt service payments, totaling $5,867,677. The 2019 budget corresponds to the budget that was submitted and approved as part of the Budgeting for Outcomes process for 2019 and 2020. The URA’s 2019 annual appropriation is $5,867,677 including $300,000 of reserves from the North College District. 4. Draft Drake and College Urban Renewal Plan. (staff: Josh Birks; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to obtain feedback from the Urban Renewal Authority Board on the preliminary draft of the Drake and College Urban Renewal Plan. The Board’s input will be combined with input from the taxing entities and public to generate updates and revisions to the Plan.  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY October 12, 2018 Urban Renewal Authority Board STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the August 24, 2018 Urban Renewal Authority Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the August 24, 2018 Urban Renewal Authority Board meeting. ATTACHMENTS 1. August 24, 2018 (PDF) 1 Packet Pg. 4 City of Fort Collins Page 335 URBAN RENEWAL AUTHORITY BOARD August 24, 2018 8:00 AM • CALL MEETING TO ORDER • ROLL CALL PRESENT: Overbeck, Troxell, Horak, Martinez, Stephens, Johnson, Wise, Febvre ABSENT: Smith, Cunniff, Summers Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW Executive Director Atteberry stated there were no changes to the published agenda. 1. Consideration and Approval of the Minutes from the July 9, 2018 Urban Renewal Authority Board. (Adopted) The purpose of this item is to approve the minutes from the July 9, 2018, Urban Renewal Authority Board meeting. Commissioner Horak made a motion, seconded by Commissioner Overbeck, to approve the minutes of the July 9, 2018 meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Overbeck, Troxell, Horak, Martinez, Stephens, Johnson, Wise, Febvre ABSENT: Smith, Cunniff, Summers 2. Resolution No. 089 of the Board of Commissioners of the Fort Collins Urban Renewal Authority Appointing a Vice-Chair. (Adopted) The purpose of this item is to discuss the election of the Fort Collins Urban Renewal Authority Vice- Chair and other associated changes. Josh Birks, Economic Health and Redevelopment Director, stated the Urban Renewal Authority’s bylaws have been changed to switch the Vice Chair from automatically being the Mayor Pro Tem to be an elected position. Commissioner Horak expressed interest in the position. Commissioner Johnson made a motion, seconded by Commissioner Overbeck, to adopt Resolution No. 089 nominating Commissioner Horak as Vice Chair. RESULT: RESOLUTION NO. 089 ADOPTED [UNANIMOUS] MOVER: Steve Johnson SECONDER: Bob Overbeck, District 1 AYES: Overbeck, Troxell, Horak, Martinez, Stephens, Johnson, Wise, Febvre ABSENT: Smith, Cunniff, Summers 1.1 Packet Pg. 5 Attachment: August 24, 2018 (7203 : URA minutes-8/24/18) August 24, 2018 City of Fort Collins Page 336 3. Resolution No. 090 of the Board of Commissioners of the Fort Collins Urban Renewal Authority Appointing New Members to the Board Finance Committee. (Adopted on First Reading) The purpose of this item is to discuss the appointment of five (5) members to the Fort Collins Urban Renewal Authority (URA) Finance Committee. The current members on the Committee are Chair Troxell and Commissioners Cunniff and Summers. Josh Birks, Economic Health and Redevelopment Director, stated the Urban Renewal Authority’s bylaws have changed to reconstitute the URA Finance Committee into a group of five members. Vice Chair Horak suggested the current Council Finance Committee members be included: Chair Troxell and Commissioners Cunniff and Summers, plus two of the four new URA members. Commissioner Wise expressed interest and Commissioners discussed the estimated time commitment of the position. Vice Chair Horak made a motion, seconded by Commissioner Overbeck, to adopt Resolution No. 090 with the following names inserted: Chair Troxell, Commissioner Cunniff, Commissioner Summers, Commissioner Wise, and Commissioner Febvre. RESULT: RESOLUTION NO. 090 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Overbeck, Troxell, Horak, Martinez, Stephens, Johnson, Wise, Febvre ABSENT: Smith, Cunniff, Summers 4. Resolution No. 091 of the Board of Commissioners of the Fort Collins Urban Renewal Authority Appointing Four Commissioners and the Executive Director to Serve on a Selection Committee for the Authority's New Legal Counsel. (Adopted) The purpose of this item is to discuss the appointment of four Commissioners and the Executive Director to a Selection Committee to evaluate candidates and recommend an outside legal counsel appointment to the Board. The committee make up is proposed to include the Chair, Vice Chair, Executive Director, and two additional commissioners - ideally one each from the Council membership and the other entity membership. Josh Birks, Economic Health and Redevelopment Director, stated the recommendation of City Attorney Daggett is for the URA to select separate and outside legal counsel so as to avoid potential future conflicts. This item would appoint four members from the Board, as well as the Executive Director, to sit on a selection committee for that outside legal counsel. Commissioners Martinez, Stephens, and Overbeck expressed interest in serving on the committee. Chair Troxell stated he would also serve. Vice Chair Horak made a motion, seconded by Commissioner Martinez, to adopt Resolution No. 091 inserting the names Chair Troxell, Commissioner Martinez, Commissioner Stephens, and Commissioner Overbeck. 1.1 Packet Pg. 6 Attachment: August 24, 2018 (7203 : URA minutes-8/24/18) August 24, 2018 City of Fort Collins Page 337 RESULT: RESOLUTION NO. 091 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Overbeck, Troxell, Horak, Martinez, Stephens, Johnson, Wise, Febvre ABSENT: Smith, Cunniff, Summers 5. Update Regarding Existing Conditions Survey and New Urban Renewal Plan. (No Action Taken) The purpose of this item is to share draft findings of the existing conditions survey and highlight key points for the planned urban renewal plan document. On July 9th the Fort Collins Urban Renewal Authority Board (the “Board”) authorized staff to undertake the first steps to consider a new urban renewal plan area in the vicinity of Drake Rd. and College Ave. These steps include the preparation of an urban renewal existing conditions study and the development of a new urban renewal plan document for consideration by the Fort Collins City Council in late November. Executive Director Atteberry stated Patrick Rowe is leaving his position and thanked him for his service. Commissioner Martinez thanked Rowe for his service. Patrick Rowe, Redevelopment Coordinator, stated this item will provide an update on the existing conditions survey and new plan area for the vicinity of Drake Road and College Avenue, primarily the former Kmart site on the northwest corner and the Spradley Barr site on the southwest corner. Rowe noted the fundamental purpose of the Urban Renewal Authority is to mitigate and remediate blight. As such, a blight finding of at least four of eleven factors is required prior to a new plan area being formed. Rowe described the substantially complete draft survey, which has currently found six blight factors in the area. He detailed the factors and showed example photos. The six blight conditions found were: deteriorated or deteriorating structures, predominance of defective or inadequate street layout, unsanitary or unsafe conditions, deterioration of site and other improvements, unusual topography or inadequate public improvements, and vacancy of sites. Rowe stated the existing conditions survey will be finalized in the next several weeks after which property owners will be notified, and City Council will be presented with the survey for its ratification. Rowe stated the plan area document is still very much in development but highlighted the main principles of the document. It will be strategic, focused, and community-benefits oriented, and will build from City Plan, the Midtown Plan, and the Midtown Transportation Plan. The main themes from those documents that will be highlighted in the plan area document are supporting transit-oriented development, densification, community spine investment, enhancing all modes of travel, recognizing identifiable and unique design, and making optimal use of the MAX bus rapid transit system. Rowe discussed the schedule and next steps for both the URA Board and the plan formation process in general. Vice Chair Horak requested information as to the status of discussions with the taxing entities. Josh Birks, Economic Health and Redevelopment Director, replied staff is continuing to discuss how best to move forward with the plan area review committee with the County. An IGA with the underlying taxing entities has yet to be executed. 1.1 Packet Pg. 7 Attachment: August 24, 2018 (7203 : URA minutes-8/24/18) August 24, 2018 City of Fort Collins Page 338 Vice Chair Horak suggested it would be useful for the Board to receive more detailed information on the proposed schedule. Commissioner Wise expressed concern the schedule may not be realistic with the districts’ schedules. Commissioner Febvre agreed and stated he is concerned the School District Board may not be fully aware of what is coming. He asked when the fiscal impact model is slated to be completed and asked if there would be an opportunity to provide feedback on that model. Birks replied some changes need to be made to the model before it can be used and that work is underway. Members should review the model and ensure all parties’ understanding of the impacts are reflected at the first meeting. Vice Chair Horak asked who is in charge of completing the fiscal impact model. Birks replied all taxing entities have agreed that the County will be the body that maintains the model and they are ultimately responsible for commissioning updates and ensuring they are done in a timely manner. Commissioner Martinez asked what is meant by the term “slum” in the blight factors report. Rowe replied that term is used in the state statute and has a legal definition. He noted each of the blight factors includes underlying conditions that are generally accepted. Commissioner Martinez asked if property owners are being asked to mitigate dangerous conditions as they are found. Rowe replied some intermediary improvements have been requested. Birks replied any life safety issues would result in contact with property owners and appropriate groups. Executive Director Atteberry noted graffiti is removed within 24 hours of it being reported on public property. He suggested blight reports be sent to the Planning, Development and Transportation group for code violations to be identified. Commissioner Johnson asked how the developers’ plans are related to community objectives. He asked if any new community objectives could be included in future design. Rowe replied the Brinkman submittal on the southwest corner has a concept in the City’s planning process. The plan was also taken before the URA Finance Committee to vet the concept. Staff is hopeful there is still the opportunity to have some continued dialogue on the proposal, particularly regarding affordable or workforce housing; however, the major components of the project are well understood. Birks stated the King Soopers project in the old Kmart is in a different portion of the planning process and they are contemplating plan revisions. He stated there is some room to influence both projects within the planning process, particularly King Soopers, and through the conversations that occur when public funds are contemplated. Commissioner Johnson asked if the residential units are only on the Spradley Barr parcel. Birks replied in the affirmative. Commissioner Johnson stated he would be very supportive of the use of tax increment financing to address affordable housing and encouraged the City to get as many affordable housing benefits from the use of public money in URA projects as possible. 1.1 Packet Pg. 8 Attachment: August 24, 2018 (7203 : URA minutes-8/24/18) August 24, 2018 City of Fort Collins Page 339 Commissioner Johnson asked how tax increment financing benefits rental units. Birks replied that is typically contingent upon many project conditions; however, tax increment could help to close the upfront capital subsidy, therefore making it easier to offer a unit at a fixed income requirement. Tax increment alone is usually not enough, so the requirements for how long units remain affordable usually come from other funding sources. Birks noted the financial gap for projects often becomes larger when public benefits such as affordable housing are included. Commissioner Stephens asked if other funding would be able to be used for affordable housing. Birks replied in the affirmative. Commissioner Stephens stated this location provides a good opportunity to use some of the funds for affordable housing and stated she would like to ensure the developer is aware of that objective on the front end of the process. Commissioner Wise stated adding a number of residential units in a TIF area puts maximum strain on the taxing districts in terms of need for services with no significant financial return for 25 years. Commissioner Febvre stated a school district has interest in affordable housing; however, how to make those investments is a key question for the community as adding students creates pressure on the school district. Commissioner Stephens noted teachers are having a hard time affording to live in Fort Collins and suggested the creation of new affordable housing may not necessarily bring in new students to the district. Commissioner Johnson stated the purpose of the cost impact model is to ensure all districts are made whole so they are able to provide the services they are mandated to provide for residences. He questioned the benefits of additional invested increment. He stated the County would be willing to commit additional increment above what the cost impact study shows to provide additional affordable housing. Chair Troxell asked how property owners and area parcels will be brought into this discussion. Birks replied all property owners have already been contacted and ongoing discussions have occurred with responsive parties with the hope of drawing outer parcels into the conversation now. Mailed notice of an open house will also occur. RESULT: NO ACTION TAKEN • OTHER BUSINESS Chair Troxell noted the next URA meeting is scheduled for October 12 th . Birks noted the selection committee for legal counsel will be meeting in September. 1.1 Packet Pg. 9 Attachment: August 24, 2018 (7203 : URA minutes-8/24/18) August 24, 2018 City of Fort Collins Page 340 • ADJOURNMENT The meeting adjourned at 9:42 a.m. ________________________________ Chair ATTEST: ________________________________ Secretary 1.1 Packet Pg. 10 Attachment: August 24, 2018 (7203 : URA minutes-8/24/18) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY October 12, 2018 Urban Renewal Authority Board STAFF Josh Birks, Economic Health Director John Duval, Legal SUBJECT Resolution No. 092 Appointing the Authority's New Legal Counsel and Authorizing the Executive Director to Enter into a Professional Services Agreement for the Legal Services to be Provided by that Legal Counsel. EXECUTIVE SUMMARY The purpose of this item is to discuss the selection of outside legal services to serve as the Urban Renewal Authority (URA) legal representation and to authorize the Executive Director to execute the contractual agreement. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On August 24, 2018, the Board of Commissioners of the Fort Collins Urban Renewal Authority (the Board) adopted Resolution No. 091 to create a committee to participate in the process of identifying candidates for new legal counsel for the Fort Collins Urban Renewal Authority (the Authority), including conducting interviews of those candidates and making a recommendation to the Board for the Board’s selection of new legal counsel (Selection Committee). The Selection Committee includes Chair Wade Troxell, Vice Chair Gerry Horak, Commissioner Ray Martinez and Commissioner Bob Overbeck. Staff posted the Request for Proposals (RFP) to solicit interest from attorneys to act as legal counsel to the Authority and Board. The RFP was posted from August 10 through August 31, 2018. Staff reviewed seven responses and generated a short list of three candidates for the Selection Committee to review and to conduct interviews. The Selection Committee has interviewed the short list of candidates and conferred, as a result they are submitting their recommended candidate for consideration by the full Board. Due to the timing of the interviews, the recommended candidate is not available at the time this report is being printed and distributed to the Board; therefore, the Resolution includes a blank for the candidate’s name to be inserted at the meeting. The Resolution also authorizes the Executive Director to enter into a professional services agreement for the legal service to be provided to the Authority with the recommended candidate. CITY FINANCIAL IMPACTS Outside legal council will increase the operating costs of the Authority. This cost is projected to range between $40,000 and $50,000 annually based on historic use of the City Attorney’s Office. This cost has not been 2 Packet Pg. 11 Agenda Item 2 Item # 2 Page 2 incurred by the Authority previously, except when specifically related to a project, which costs were then reimbursed to the Authority by the project developer. ATTACHMENTS 1. Powerpoint presentation (PDF) 2 Packet Pg. 12 1 URA Outside Legal Services Josh Birks 10-12-18 ATTACHMENT 1 2.1 Packet Pg. 13 Attachment: Powerpoint presentation (7204 : URA Legal Services) Action Requested Urban Renewal Authority – Select Outside Legal Services § Direct Selection Committee to interview firms and make recommendation to board § Authorize Executive Director to negotiate and execute a contractual agreement with the selected firm. 2 2.1 Packet Pg. 14 Attachment: Powerpoint presentation (7204 : URA Legal Services) -1- RESOLUTION NO. 092 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY APPOINTING THE AUTHORITY’S NEW LEGAL COUNSEL AND AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A PROFESSSIONAL SERVICES AGREEMENT FOR THE LEGAL SERVICES TO BE PROVIDED BY THAT LEGAL COUNSEL WHEREAS, on August 24, 2018, the Board of Commissioners of the Fort Collins Urban Renewal Authority (the “Board”) adopted Resolution No. 091 to create an ad hoc committee to participate in the process of identifying candidates for new legal counsel for the Fort Collins Urban Renewal Authority (the “Authority’), including conducting interviews of those candidates and making a recommendation to the Board for the Board’s selection of new legal counsel (“Selection Committee”) ; and WHEREAS, the Board appointed four commissioners in Resolution No. 091 to serve on the Selection Committee, Chair Wade Troxell, Vice Chair Gerry Horak, Commissioner Ray Martinez and Commissioner Bob Overbeck; and WHEREAS, Authority staff issued a request for proposals for these new legal services (the “RFP”) and received seven proposals, which proposals were reviewed by staff and narrowed down to three proposals for the Selection Committee to review and to conduct interviews of the proposers; and WHEREAS, the Selection Committee has conducted its interviews of the proposers and is recommending that the Board appoint and retain __________________________________ as the Authority’s new legal counsel and to authorize to Executive Director to enter into a professional services agreement for the legal services to be provide to the Authority by _________________________. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY that _________________________ is hereby appointed as the Authority’s new legal counsel and the Executive Director is authorized to enter into a professional services agreement with ____________________________________ on behalf of the Authority on terms and conditions consistent with the RFP and ______________________ proposal and on such other terms and conditions as the Executive Director determines are necessary to protect the Authority’s interests. Packet Pg. 15 -2- Passed and adopted at a regular meeting of the Board of Commissioners of the City of Fort Collins Urban Renewal Authority this 12th day of October, A.D. 2018. _________________________________ Chair ATTEST: _____________________________ Secretary Packet Pg. 16 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY October 12, 2018 Urban Renewal Authority Board STAFF Josh Birks, Economic Health Director John Duval, Legal SUBJECT Public Hearing and Resolution No. 093 Adopting the 2019 Budget for the Fort Collins Urban Renewal Authority. EXECUTIVE SUMMARY The purpose of this item is to adopt the 2019 budget and to appropriate the funds to be spent for the Fort Collins Urban Renewal Authority (URA), comprised of the North College Tax Increment Financing (TIF) District, the Prospect South TIF District, and the Foothills TIF District. The budget revenues include property and sales tax increment, and interest earned on investments for a total of $5,593,535. Budget expenses include general operations, project obligations and debt service payments, totaling $5,867,677. The 2019 budget corresponds to the budget that was submitted and approved as part of the Budgeting for Outcomes process for 2019 and 2020. The URA’s 2019 annual appropriation is $5,867,677 including $300,000 of reserves from the North College District. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Fort Collins Urban Renewal Authority (URA) currently includes three tax increment districts (the Districts) in two plan areas. These districts include: • North College - Formed in 2004, North College TIF District is the first tax increment district in the City. It receives property tax increment revenue only, has an outstanding bond, and several other contractual obligations. The North College TIF District will continue to collect tax increment through 2029. • Prospect South - Formed in 2011, Prospect South TIF District is the first tax increment district in the Midtown Urban Renewal Plan (Midtown URP). It receives property tax increment revenue only, has an outstanding loan from the City, and several other contractual obligations. The South Prospect TIF District will continue to collect tax increment through 2036. • Foothills - Formed in 2013, the Foothills TIF District is the second tax increment district in the Midtown urban renewal plan. It receives both property tax and sales tax increment revenue, which is all pledged to the Foothills Metropolitan District as part of the Foothills Mall redevelopment project. The Foothills TIF District will continue to collect tax increment through 2038. Revenues The URA is a separate governmental entity from the City of Fort Collins (City). As such, it relies on revenues generated from property and sales tax increment collections, as well as interest earned on investments, to 3 Packet Pg. 17 Agenda Item 3 Item # 3 Page 2 cover its annual expenses and debt payments. Property tax increment is determined by the County Assessor’s Office. The Assessor’s Office certifies property value and tax collection for the next year in December. The revenues forecast in the 2019 URA Budget rely on the December 2017 certification due to the lag in property valuations. The budgeted revenues by District are summarized below and in Table 1: • North College - The property tax increment budgeted in 2019 is $1,820,910. • Prospect South - The property tax increment budgeted in 2019 is $533.434. • Foothills - The increment budgeted is $2,429,393 of property tax and $809,798 of sales tax for a total of $3,239,191. Table 1 Estimated Revenue, 2019 District Property Tax Sales Tax Investment Interest Total North College $ 1,799,193 $ - $ 21,717 $ 1,820,910 Prospect South $ 518,118 $ - $ 15,316 $ 533,434 Foothills $ 2,429,393 $ 809,798 $ - $ 3,239,191 Total $ 4,746,704 $ 809,798 $ 37,033 $ 5,593,535 ANNUAL OPERATIONS The operating expenses of the URA are managed through a subaccount of the North College TIF District. This arrangement is the result of timing, legacy accounting practices, and the City’s budget and accounting tools. Despite being labelled in the accounting system as part of North College TIF District the funds are managed separately. Each of the Districts contributes towards the annual operational expenses of the URA. Throughout the year, expenses accrue in the subaccount. At the end of the year, URA staff, along with support from the City’s finance department, reconciles each District’s contribution to expenses. Annual Operational expenses are budgeted at $570,999 in 2019. The increase in operational expenses is primarily due to the increase in staff (added a Redevelopment Manager) and added costs associated with board expansion. Both expenses are the direct result of regulatory changes, specifically those associated with House Bill 1348, that led to the expansion of the board, meaningful, yet time consuming, collaboration with underlying taxing entities, and increased process associated with management of the URA and formation of new plan areas. Annual expenses include as summarized in Table 2: • Staffing - The 2019 URA Budget includes funding for 2.0 full time equivalent (FTE) positions. These FTE are distributed in the following manner: 0.25 FTE Economic Health and Redevelopment Director, 1.0 FTE Redevelopment Manager (new position), and 0.75 FTE Redevelopment Coordinator. The budgeted cost of salaries, wages, and benefits totals $283,042 in 2019. • Board Expenses - In 2018, the URA board expanded to include representatives from the County, the School Districts, Special Districts, and one council appointed position. As a result, URA Board meetings now occur outside of City Council’s normal meeting times and dates. Therefore, the URA must fund costs 3 Packet Pg. 18 Agenda Item 3 Item # 3 Page 3 associated with recording the meetings, transcribing minutes, and managing the agenda previously included as part of the preparation and coverage of a City Council meeting. Costs include, Fort Collins TV, Clerk Support, Meeting Meals, and hourly administrative support for a total of $35,500 budgeted in 2019. • Legal Representation - New to the 2019 URA Budget is a line item for legal representation. This change is a direct result of the board expanding to include four additional members. The budgeted amount for this cost is $50,923 annually. • Consulting Support Services - Each year the URA budget includes funds for consulting support services to cover a variety of costs ranging from consultant review of a financial pro forma submitted by a developer (typically reimbursed but require advance appropriation) to engineering assistance to evaluate a potential public improvement project. Staff manages these funds judiciously with any unused funds return to the URA balance at the end of the year. The 2019 budget includes approximately $37,850 in consulting support services. • Other Expenses - The URA also covers incidental costs associated with 2.0 FTE, including phone lines, travel and mileage, and supplies. In addition, the URA has expenses associated with maintaining the website, sponsorships and partnerships, etc. These expenses form the balance of the URA operating budget or $25,469. • Larimer County Administrative Fees - Larimer County charges all entities receiving property tax an administrative fee. All three Districts pay these fees and the total for all three is budgeted as $138,215 in 2019. Table 2 Budgeted Operating Expenses, 2019 Item Amount Salaries, Wages, & Benefits $ 283,042 Board Support $ 35,500 Legal Representation $ 50,923 Professional Services $ 37,850 Other $ 25,469 County Admin Fee $ 138,215 Total $ 570,999 DEBTS AND OBLIGATIONS Each year the URA has debt and obligation payments due. These payments are associated with tax increment assistance provided by the URA to various projects. The payments include bond payments (North College and Foothills TIF Districts), redevelopment and/or project agreements, and City loan and shareback payments. 3 Packet Pg. 19 Agenda Item 3 Item # 3 Page 4 The obligations vary by District, are fully funded by the tax increment received by each District and summarized in Table 3. North College TIF District Debt/Obligation Payments The North College TIF District has several outstanding obligations at a total cost of $1,273,619 in 2019: • North College Bond - Issued in 2013, this bond refinanced several outstanding loans between the URA and the City, which provided the capital used to support several early projects within the District. The annual bond payment is $944,363 in 2019. • City Loan (Innosphere) - In 2010, the URA borrowed funds from the City to support the development of the Innosphere (formerly known as, the Rocky Mountain Innovation Initiative) building. The annual loan payment is $273,295 in 2019. • Other Developer Obligations -The URA has aided several projects since issuing the 2013 Bond. These obligations have been structured as annual payments directly to the developer versus one-time up-front payments. As a result, there is a potential total of $183,211 in developer obligations budgeted in 2019. Prospect South TIF District Debt/Obligation Payments The Prospect South TIF District has two primary outstanding obligations at a total cost of $416,534 in 2019: • Prospect Station - In 2014, the URA aided the Prospect Station project. The assistance was split into two pieces: (a) an upfront lump sum funded by a loan from the City, and (b) a multi-year payment. Together, these commitments support the project. Therefore, each year the URA funds both a loan payment ($17,459), and a direct project payment ($11,762) for a total of $29,221 in payments in 2019. • The State (formerly Capstone or The Summit) - In 2012, the URA borrowed funds from the City to support the development of The State, a multi-story student housing project on the site of a former mobile home park. The terms of the loan include two parts: (a) an annual loan payment, and (b) a shareback agreement with the City in consideration of receiving a discounted interest rate on the City loan. The annual loan payment is $279,811 and the projected shareback payment is $107,502 for a total of $378,313 in 2019. Foothills TIF District Debt/Obligation Payments The Foothills District has one outstanding obligation: • Pledged Revenue to Foothills Metro District Bond - In 2013, the URA aided the Foothills Mall redevelopment project by pledging property tax and sales tax increment to the Foothills Metropolitan District. These revenues, combined with other revenue sources (Metro District property taxes and Public Improvement Fee), support the District’s bond payment. In 2019, the pledge revenue is $3,174,675 comprised of $2,383,925 in property tax increment and $809,798 in sales tax increment. 3 Packet Pg. 20 Agenda Item 3 Item # 3 Page 5 Table 3 Budgeted Debts and Obligations, 2019 Obligation Bond or City Loan Project Cost Or Pledge City Shareback Total Bond $ 948,963 $ - $ - $ 948,963 Innosphere $ 273,295 $ - $ - $ 273,295 Other Obligations $ - $ 183,211 $ - $ 183,211 Subtotal $ 1,222,258 $ 183,211 $ - $ 1,405,469 Prospect Station $ 17,459 $ 11,762 $ - $ 29,221 Capstone $ 279,811 $ - $ 107,502 $ 387,313 Subtotal $ 297,270 $ 11,762 $ 107,502 $ 416,534 Foothills $ - $ 3,174,675 $ - $ 3,174,675 Total $ 1,519,528 $ 3,369,648 $ 107,502 $ 4,996,678 North College Prospect South One-Time Expenditures In 2019, the URA will contribute $300,000 towards the design of a storm water system on the west side of College Avenue in the North College TIF District. The storm water system will provide an efficient regional solution to existing storm water challenges inhibiting the development of the area. These costs will be funded from North College TIF District reserves. FINANCIAL IMPACTS This Resolution includes an annual appropriation for 2019 of $5,867,677 for the North College, Prospect South, and Foothills TIF Districts. Any specific appropriations related to URA participation in projects will be presented to the URA Board separately so that the URA funding is approved on a project-by-project basis. BOARD / COMMISSION RECOMMENDATION URA staff anticipates providing an annual update to the URA Finance Committee at an upcoming meeting. No other board or commission outreach has been conducted on this item. PUBLIC OUTREACH Outreach conducted as part of broader Budgeting for Outcomes process as part of developing the City Manager’s recommended budget for 2019/2020. ATTACHMENTS 1. Powerpoint presentation (PDF) 3 Packet Pg. 21 1 2019 Urban Renewal Authority Budget Josh Birks 10-12-18 ATTACHMENT 1 3.1 Packet Pg. 22 Attachment: Powerpoint presentation (7182 : URA Budget 2019) Budget Process 2 § Follows the City’s Budgeting for Outcomes process § Treats URA as City Department § Affects treatment of loans § Results in negative fund balances § All Operating Expenses managed through the North College Budget 3.1 Packet Pg. 23 Attachment: Powerpoint presentation (7182 : URA Budget 2019) Budget Mechanisms 3 Operating Budget North College TIF District Prospect South TIF District Foothills TIF District Debt & Obligations Debt & Obligations Debt & Obligations Larimer County – Tax Increment 3.1 Packet Pg. 24 Attachment: Powerpoint presentation (7182 : URA Budget 2019) Revenues 4 District Property Tax Sales Tax Investment Interest Total North College $ 1,799,193 $ - $ 21,717 $ 1,820,910 Prospect South $ 518,118 $ - $ 15,316 $ 533,434 Foothills $ 2,429,393 $ 809,798 $ - $ 3,239,191 Total $ 4,746,704 $ 809,798 $ 37,033 $ 5,593,535 3.1 Packet Pg. 25 Attachment: Powerpoint presentation (7182 : URA Budget 2019) Operating Expenses Cost Increases: § Added Staff § Board Support § Legal Services § County Admin Fees 5 Item Amount Salaries, Wages, & Benefits $ 283,042 Board Support $ 35,500 Legal Representation $ 50,923 Professional Services $ 37,850 Other $ 25,469 County Admin Fee $ 138,215 Total $ 570,999 3.1 Packet Pg. 26 Attachment: Powerpoint presentation (7182 : URA Budget 2019) Debts & Obligations: North College 6 Obligation Bond or City Loan Project Cost Or Pledge City Shareback Total Bond $ 948,963 $ - $ - $ 948,963 Innosphere $ 273,295 $ - $ - $ 273,295 Other Obligations $ - $ 183,211 $ - $ 183,211 Subtotal $ 1,222,258 $ 183,211 $ - $ 1,405,469 North College 3.1 Packet Pg. 27 Attachment: Powerpoint presentation (7182 : URA Budget 2019) Debts & Obligations: Prospect South 7 Obligation Bond or City Loan Project Cost Or Pledge City Shareback Total Prospect Station $ 17,459 $ 11,762 $ - $ 29,221 Capstone $ 279,811 $ - $ 107,502 $ 387,313 Subtotal $ 297,270 $ 11,762 $ 107,502 $ 416,534 Prospect South 3.1 Packet Pg. 28 Attachment: Powerpoint presentation (7182 : URA Budget 2019) Debts & Obligations: Combined 8 Obligation Bond or City Loan Project Cost Or Pledge City Shareback Total Subtotal $ 1,222,258 $ 183,211 $ - $ 1,405,469 Subtotal $ 297,270 $ 11,762 $ 107,502 $ 416,534 Foothills $ - $ 3,174,675 $ - $ 3,174,675 Total $ 1,519,528 $ 3,369,648 $ 107,502 $ 4,996,678 North College Prospect South 3.1 Packet Pg. 29 Attachment: Powerpoint presentation (7182 : URA Budget 2019) One Time Expenditures § North College Storm Water System Design § 2019 - $300,000 § City Contribution: $667,800 9 3.1 Packet Pg. 30 Attachment: Powerpoint presentation (7182 : URA Budget 2019) Staff Recommendation Staff Recommends adoption of the Resolution 1. Staff suggests reviewing the current budget approach & process § Share recommendations with the Board regarding changes 2. Staff will update the board on budget and cashflows for each district after the review 10 3.1 Packet Pg. 31 Attachment: Powerpoint presentation (7182 : URA Budget 2019) -1- RESOLUTION NO. 093 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY ADOPTING THE 2019 BUDGET FOR THE FORT COLLINS URBAN RENEWAL AUTHORITY WHEREAS, the Fort Collins Urban Renewal Authority (the “URA”) was created on January 5, 1982, by City Council's adoption of Resolution 1982-010, which resolution designated the City Council as the URA’s Board of Commissioners (“Board”); and WHEREAS, on July 9, 2018, membership on the Board was expanded by four additional commissioners who were appointed to the Board as required by Colorado’s Urban Renewal Law, C.R.S. Section 31-25-101, et seq. (“Urban Renewal Law”); and WHEREAS, the URA operates to eliminate blight and prevent the spread of blight within urban renewal areas in accordance with the Urban Renewal Law; and WHEREAS, the URA currently has three approved urban renewal plan areas that collect tax increment revenues and have annual expenditures, and these are known as the North College District, the Foothills District and the Prospect South District (collectively, the “Districts”); and WHEREAS, the Board has considered a proposed budget for fiscal year 2019 for each of the Districts and it wishes to adopt them as the URA’s fiscal year 2019 budget in accordance with the Local Government Budget Law of Colorado, C.R.S. Section 29-1-101, et seq. (the “Budget Law”); and WHEREAS, attached as Exhibit “A” and incorporated herein is the URA’s fiscal year 2019 budget message for the Districts as required by the Budget Law (the “Budget Message”); and WHEREAS, attached as Exhibit “B” and incorporated herein are the North College District’s 2019 budget statement showing anticipated revenues and proposed expenditures and its comparative budget statement showing beginning and ending fund balances (jointly, the “North College District Budget”); and WHEREAS, attached as Exhibit “C” and incorporated herein are the Foothills District’s 2019 budget statement showing anticipated revenues and proposed expenditures and its comparative budget statement showing beginning and ending fund balances (jointly, the “Foothills District Budget”); and WHEREAS, attached as Exhibit “D” and incorporated herein are the Prospect South District’s 2019 budget statement showing anticipated revenues and proposed expenditures and its comparative budget statement showing and beginning and ending fund balances (jointly, the “Prospect South District Budget”); and Packet Pg. 32 -2- WHEREAS, the Budget Message, the North College District Budget, the Foothills District Budget and the Prospect South District Budget shall be collectively referred to as the “2019 URA Budget”; and WHEREAS, notice of the 2019 Budget was published in the Fort Collins Coloradoan on September 30, 2018, as required in Section 29-1-106 of the Budget Law, and such notice is hereby approved and ratified by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. That the Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the 2019 URA Budget is hereby approved and the revenue amounts stated therein are appropriated for expenditure as stated in the 2019 URA Budget. Section 3. That the Chief Financial Officer of the City, ex officio the Financial Officer of the URA, is hereby directed to file a certified copy of the 2019 URA Budget with the office of the Division of Local Government, Department of Local Affairs, State of Colorado as required by the Budget Law. Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins Urban Renewal Authority this 12th day of October A.D. 2018. ____________________________________ Chair ATTEST: _________________________________ Secretary Packet Pg. 33 EXHIBIT A Fort Collins Urban Renewal Authority (URA) Budget Message for Fiscal Year 2019 Budget Features: The URA’s 2019 budget is comprised of the budgets for the URA’s current plan areas and associated districts, known as the North College District, the Prospect South District, and the Foothills District. The budget revenues include property and sales tax increment, and interest earned on investments and budget expenses include general operations, project obligations and debt service payments. The URA aims to deliver services which achieve those objectives specified by the individual urban renewal plans for the North College District, Prospect South District and Foothills District. These include:  To facilitate redevelopment and new development by private enterprise through cooperation among developers and public agencies to plan, design, and build needed improvements  To address and remedy conditions in the area that impair or arrest the sound growth of the City  To implement the City’s Comprehensive Plan and its related elements  To redevelop and rehabilitate the plan area in a manner which is compatible with and complementary to unique circumstances in the area  To effectively utilize undeveloped and underdeveloped land  To improve pedestrian, bicycle, and vehicular circulation and safety  To ultimately contribute to increased revenues for all taxing entities  To encourage the voluntary rehabilitation of buildings, improvements and conditions  To facilitate the enforcement of the laws and regulations applicable to the plan area  To watch for market and/or project opportunities to eliminate blight, and when such opportunities exist, to act within the financial, legal and political limits of the URA to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement and rehabilitation projects. Budgetary Basis of Accounting: The URA budget and fund financial statements are prepared on the modified accrual basis of accounting. 1 Packet Pg. 34 Attachment: Exhibit A (7207 : URA Budget 2019 RES) EXHIBIT B North College Urban Renewal Plan Area Estimated Revenue: Tax Increment Collections $ 1,799,193 Interest on Investments $ 21,717 Total estimated Revenue for the URA $ 1,820,910 Expenses: Operations General Operations $ 430,705 Larimer County Fee $ 62,948 Developer Obligations $ 183,211 One-Time Stormwater Contribution $ 300,000 Total Operational Costs $ 976,864 Annual Debt Service Payments 2013 Bond Payment $ 948,963 Rocky Mountain Innosphere $ 273,295 Total Debt Service Payments $ 1,222,258 Fund 800 2018 Budget $ 2,199,122 URBAN RENEWAL AUTHORITY NORTH COLLEGE DISTRICT 2019 BUDGET 2 Packet Pg. 35 Attachment: Exhibit B (7207 : URA Budget 2019 RES) $1,593,176 $1,888,095 ($501,319) ($622,004) ($792,372) 1,457,830 1,689,687 1,491,660 1,799,193 1,835,177 81,680 20,537 10,303 21,717 22,662 Total Revenues $1,539,511 $1,710,224 $1,501,963 $1,820,910 $1,857,839 Total Other Financing Sources $0 $0 $0 $0 $0 $1,539,511 $1,710,224 $1,501,963 $1,820,910 $1,857,839 129,596 127,173 113,053 302,542 310,950 31,396 125,022 179,339 172,221 172,899 0 2,800,041 0 183,211 219,292 4,661 16,010 8,883 11,790 11,790 479 549 1,000 7,100 7,100 00000 Total Expenditures $166,132 $3,068,795 $302,275 $676,864 $722,031 1,078,461 4,299,571 1,220,108 1,222,258 1,217,657 0 0 303,000 300,000 0 Total Other Financing Uses $1,078,461 $4,299,571 $1,523,108 $1,522,258 $1,217,657 $1,244,592 $7,368,366 $1,825,383 $2,199,122 $1,939,688 $294,919 ($5,658,142) ($323,420) ($378,212) ($81,849) Net Adjustments to GAAP $0 $3,268,728 $202,735 $207,844 $213,081 Ending Fund Balance $1,888,095 ($501,319) ($622,004) ($792,372) ($661,140) Frozen Appropriations not included in this Fund Statement Capital Outlay Other Financing Uses Debt & Other Uses Transfers Out Total Expenditures & Other Financing Use Net Change in Fund Balance Supplies Beginning Fund Balance Revenues Property Taxes Interest Revenue Other Financing Sources Total Revenues & Other Financing Sources Expenditures Personnel Services Purchased Prof & Tech Services Purchased Property Services Other Purchased Services URA - N. COLLEGE DISTRICT - 800 COMPARATIVE BUDGET STATEMENT ACTUAL 2016 ACTUAL 2017 BUDGET 2018 BUDGET 2019 BUDGET 2020 2 Packet Pg. 36 Attachment: Exhibit B (7207 : URA Budget 2019 RES) EXHIBIT C Midtown Urban Renewal Plan Area (Foothills TIF District) Estimated Revenue: Tax Increment Collections $ 2,429,393 Interest on Investments $ - Property Tax Increment $ 809,798 Total estimated Revenue for the URA $ 3,239,191 Expenses: Operations Larimer County Fee $ 64,516 Total Operational Costs $ 64,516 Annual Debt Service Payments Foothills Metro District Bond $ 3,174,675 Total Debt Service Payments $ 3,174,675 Fund 803 2018 Budget $ 3,239,191 URBAN RENEWAL AUTHORITY FOOTHILLS DISTRICT 2019 BUDGET 3 Packet Pg. 37 Attachment: Exhibit C (7207 : URA Budget 2019 RES) ($2,891) ($2,891) $15,373 $29,220 $29,220 0 1,246,223 3,482,234 2,429,393 2,754,740 0 205,255 737,931 809,798 822,844 4,499 0 0 0 0 0 (56) 0 0 0 Total Revenues $4,499 $1,451,422 $4,220,165 $3,239,191 $3,577,584 $4,499 $1,451,422 $4,220,165 $3,239,191 $3,577,584 4,499 24,924 14,759 64,516 71,175 0 1,408,234 4,191,559 3,174,675 3,506,409 Total Expenditures $4,499 $1,433,158 $4,206,318 $3,239,191 $3,577,584 $4,499 $1,433,158 $4,206,318 $3,239,191 $3,577,584 $0 $18,264 $13,847 $0 $0 Ending Fund Balance ($2,891) $15,373 $29,220 $29,220 $29,220 Frozen Appropriations not included in this Fund Statement Total Revenues & Other Financing Sources Expenditures Purchased Prof & Tech Services Purchased Property Services Total Expenditures & Other Financing Use Net Change in Fund Balance Beginning Fund Balance Revenues Property Taxes Sales & Use Tax Other Charges for Service Interest Revenue URA - MALL FUND - 803 COMPARATIVE BUDGET STATEMENT ACTUAL 2016 ACTUAL 2017 BUDGET 2018 BUDGET 2019 BUDGET 2020 3 Packet Pg. 38 Attachment: Exhibit C (7207 : URA Budget 2019 RES) EXHIBIT D Midtown Urban Renewal Plan Area (Prospect South TIF District) Estimated Revenue: Tax Increment Collections $ 518,118 Interest on Investments $ 15,316 Total estimated Revenue for the URA $ 533,434 Expenses: Operations Larimer County Fee $ 10,751 Developer Obligations $ 11,762 Other Professional Services $ 2,079 Total Operational Costs $ 24,592 Annual Debt Service Payments Capstone $ 279,811 Prospect Station $ 17,459 Revenue Sharing with City (Capstone) $ 107,502 Total Debt Service Payments $ 404,772 Fund 801 2018 Budget $ 429,364 URBAN RENEWAL AUTHORITY PROSPECT SOUTH DISTRICT 2019 BUDGET 4 Packet Pg. 39 Attachment: Exhibit D (7207 : URA Budget 2019 RES) ($4,435,238) ($4,831,618) ($4,610,847) ($4,374,421) ($3,985,329) 445,852 480,883 458,856 518,118 528,480 5,689 3,743 15,944 15,316 15,982 Total Revenues $451,540 $484,626 $474,800 $533,434 $544,462 Total Other Financing Sources $0 $0 $0 $0 $0 $451,540 $484,626 $474,800 $533,434 $544,462 8,917 9,618 11,677 2,079 2,142 610,043 11,762 11,762 11,762 11,762 Total Expenditures $618,960 $21,380 $23,439 $13,841 $13,904 377,547 395,063 377,224 415,523 424,594 Total Other Financing Uses $377,547 $395,063 $377,224 $415,523 $424,594 $996,507 $416,442 $400,663 $429,364 $438,498 ($544,967) $68,184 $74,137 $104,070 $105,964 Net Adjustments to GAAP $148,587 $152,587 $162,289 $285,022 $298,701 ($4,831,618)($4,610,847)($4,374,421)($3,985,329)($3,580,664) Total Revenues & Other Financing Sources URA - PROSPECT SOUTH TIF DIST - 801 COMPARATIVE BUDGET STATEMENT ACTUAL 2016 ACTUAL 2017 BUDGET 2018 BUDGET 2019 BUDGET 2020 Beginning Fund Balance Revenues Property Taxes Interest Revenue Other Financing Sources Net Change in Fund Balance Ending Fund Balance Frozen Appropriations not included in this Fund Statement Expenditures Purchased Prof & Tech Services Purchased Property Services Other Financing Uses Debt & Other Uses Total Expenditures & Other Financing Use 4 Packet Pg. 40 Attachment: Exhibit D (7207 : URA Budget 2019 RES) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY October 12, 2018 Urban Renewal Authority Board STAFF Josh Birks, Economic Health Director John Duval, Legal SUBJECT Draft Drake and College Urban Renewal Plan. EXECUTIVE SUMMARY The purpose of this item is to obtain feedback from the Urban Renewal Authority Board on the preliminary draft of the Drake and College Urban Renewal Plan. The Board’s input will be combined with input from the taxing entities and public to generate updates and revisions to the Plan. QUESTIONS FOR THE BOARD 1. Does the Board support the Plan objectives? 2. Does the Board have input on the public improvements to be funded with Tax Increment? 3. What additional information, if any, should the Council have prior to consideration of the Plan? BACKGROUND / DISCUSSION 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, CRS § 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 proposed Plan is attached for review. (Attachment 1) 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 • The north exterior wall of the vacant K-Mart property to the north. 4 Packet Pg. 41 Agenda Item 4 Item # 4 Page 2 Description of the Tax Increment Financing District The proposed 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 blight 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. AUTHORIZED URBAN RENEWAL POWERS To support progress toward the outlined objectives, the Authority may undertake any of the following renewal activities, as deemed appropriate for the elimination or prevention of blight factors within the Plan Area, pursuant to the Urban Renewal Law: • Public Improvements and Facilities • Cooperative Agreements • Purchase of Property • Demolition, Clearance, Environmental Remediation, and Site Preparation • Property Disposition • Redevelopment Agreements • Relocation Assistance • Catalyst and Enhancement Projects 4 Packet Pg. 42 Agenda Item 4 Item # 4 Page 3 ANTICIPATED URBAN RENEWAL ACTIVITIES Anticipated activities within the proposed Plan Area include: (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. PUBLIC IMPROVEMENT PRIORITIES The Authority may, or may not cooperate with others to, install, construct, and reconstruct any public improvements to promote the objectives of the Plan as authorized by 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, assist in the investment and reinvestment of the Plan Area, and thereby contribute to the overall economic well-being of the community. Senior City Planning and Engineering staff have identified a preliminary list of eligible public improvements for the Plan Area, as shown in Error! Reference source not found.1. These improvements are grouped in three categories, as follows: • Development Related – Improvements required to be built by the two private redevelopment projects. • Plan Area Improvements – 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. • Additional Opportunities – Improvements that are either long term, lower priority, or require additional study compared to the other listed improvements. 4 Packet Pg. 43 Agenda Item 4 Item # 4 Page 4 Table 1 Potential Eligible Public Improvements 4 Packet Pg. 44 Agenda Item 4 Item # 4 Page 5 KEY DATES A summary schedule of the Plan review process is attached. (Attachment 2) This schedule is subject to change based on several factors. Below is a summary of key dates in the schedule: • Late September to Early November – A series of meetings with the Plan Review Committee to review the Plan and the Fiscal Impact Model resulting in recommendations for tax allocations. These meetings are still being scheduled as a result dates in the schedule are meant to be representative only. • October 10, 2018 – Public Open House to solicit comments and feedback on the Plan, scheduled for 6:00 to 8:00 pm at the Christ United Methodist Church, 301 E. Drake Road. • November 9, 2018 – Target date to present preliminary draft IGAs defining the tax increment allocation to each of the affected entities. • November 15, 2018 – Planning and Zoning Board Public Hearing to review the proposed Plan for consistency with Land Use Code and the Comprehensive Plan. • Late November to Early December – A series of dates, each affected tax entity’s board will consider approved of a tax allocation IGA. • December 20, 2018 – The URA Board considers approving the tax allocation IGAs. • January 15, 2019 – City Council conducts a public hearing to consider approval of the Plan. FINANCIAL IMPACTS The proposed College and Drake Urban Renewal Plan will enable the collection of both property and sales tax increment. Preliminary estimates of property tax increment total $20.3 million over the 25-year period. Preliminary estimates of sales tax increment total $633,000 annually – based on the City’s general fund sales tax rate of 2.25 percent. These estimates do not include any adjustment for tax increment allocations to the underlying tax entities (e.g., Larimer County, Poudre School District, etc.). Therefore, these estimates are only illustrative and anticipated to change significantly before the plan is formally adopted by City Council in January. BOARD / COMMISSION RECOMMENDATION City Council will consider a resolution to refer the draft College and Drake Urban Renewal Plan to the Planning and Zoning Board at its regularly scheduled meeting on Tuesday, November 6, 2018. PUBLIC OUTREACH A public open house is scheduled on Wednesday, October 10, 2018 from 6:00 to 8:00 pm at the Christ United Methodist Church, 301 East Drake Road. ATTACHMENTS 1. College and Drake Urban Renewal Plan (draft) (PDF) 2. Key Dates By Entity (PDF) 3. Powerpoint presentation (PDF) 4 Packet Pg. 45 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. September 7, 2018 EPS #173061 ATTACHMENT 1 4.1 Packet Pg. 46 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Table of Contents 1. INTRODUCTION .................................................................................................... 1 2. BLIGHT CONDITIONS ............................................................................................. 1 3. PLAN GOALS AND CONFORMANCE ............................................................................... 4 Plan Goals and Objectives .......................................................................................... 4 Plan Conformance ..................................................................................................... 5 4. AUTHORIZED URBAN RENEWAL POWERS ....................................................................... 8 Public Improvements and Facilities .............................................................................. 8 Cooperative Agreements ............................................................................................ 8 Purchase of Property ................................................................................................. 8 Demolition, Clearance, Environmental Remediation, and Site Preparation ........................ 9 Property Disposition .................................................................................................. 9 Redevelopment Agreements ....................................................................................... 9 Relocation Assistance ................................................................................................ 9 Hiring ...................................................................................................................... 9 Legal Authority ....................................................................................................... 10 Catalyst and Enhancement Projects ........................................................................... 10 5. ANTICIPATED URBAN RENEWAL ACTIVITIES ................................................................. 11 Private Project Investments ..................................................................................... 11 Public Improvement Priorities ................................................................................... 14 6. PROJECT FINANCING ............................................................................................ 16 Property Tax Increment Financing (TIF) ..................................................................... 16 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 4.1 Packet Pg. 47 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) List of Tables Table 1 Proposed Grocery-Anchored Development Summary (August 2018) ..................... 11 Table 2 Proposed Mixed-Use Development Summary (August 2018) ................................ 12 Table 3 Eligible Public Improvements ........................................................................... 15 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 4.1 Packet Pg. 48 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) 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) ..................... 12 Figure 3 Proposed Mixed-Use Development Concept Plan (August 2018) ........................... 13 4.1 Packet Pg. 49 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 1 173061_Draft Report_College and Drake Urban Renewal Plan.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 constituting urban renewal projects and other authorized activities under the Urban Renewal Law in the College and Drake Urban Renewal Plan Area (“Plan Area”), located in the City of Fort Collins, Larimer County, Colorado. This Plan was prepared for adoption by the City Council in recognition that the College and Drake 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 study 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 City Council in Fall 2018 to receive comments and input on this Plan. To the extent provided in Colorado Public Records Act, Colo. Rev. Stat. Title 24, Article 72, Part 2 as the same may be amended from time to time, and pursuant to policies adopted by the Authority, project plans and proposals will be made available to the public. 4.1 Packet Pg. 50 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 2 Draft Report 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. 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 Increment Financing 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 district is attached as Appendix A. 4.1 Packet Pg. 51 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 3 Draft Report Figure 1 College and Drake Urban Renewal Plan Area and TIF District 4.1 Packet Pg. 52 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 1 173061_Draft Report_College and Drake Urban Renewal Plan.docx 2. BLIGHT CONDITIONS Before an urban renewal plan can be adopted by the City, 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 4.1 Packet Pg. 53 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 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. § 31-25-105.2(2)(a)(I)): (a) “Blighted area” shall have the same meaning as set forth in section 31-25-103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. 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. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of “blighted area” contained in the Urban Renewal Law is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration” (Tracy v. City of Boulder, 635 P.2d 907, 909 (Colo. Ct. App. 1981)). Second, the presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area “taken as a whole,” and not on a building-by-building basis (Interstate Trust Building Co. v. Denver Urban Renewal Authority, 473 P.2d 978, 981 (Colo. 1970)). Third, a governing body’s “determination as to whether an area is blighted….is a legislative question and the scope of review by the judiciary is restricted” (Tracy, 635 P.2d at 909). A court’s role in reviewing such a blight determination is simply to independently verify if the conclusion is based upon factual evidence determined by the City Council at the time of a public hearing to be consistent with the statutory definition. The methodology used to prepare the College and Drake Existing Conditions Survey 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 report. 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. 4.1 Packet Pg. 54 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 3 Draft Report (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 activities of the Authority pursuant to the Urban Renewal Law. 4.1 Packet Pg. 55 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 4 173061_Draft Report_College and Drake Urban Renewal Plan.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. 4.1 Packet Pg. 56 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 5 Draft Report Plan Conformance Urban Renewal Law This Plan is in conformity with and subject to the applicable statutory requirements of the Colorado Urban Renewal Law Revised Statutes. 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 Urban Renewal 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. 4.1 Packet Pg. 57 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 6 Draft Report Other Notable City Plan Concepts • Policy LIV 30.6 - Reduce Land Devoted to Surface Parking Lots. Support transit use and a more 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 Urban Renewal 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 Urban Renewal Plan: • Improving safety for all modes of travel. • Providing bicycle circulation options. 4.1 Packet Pg. 58 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 7 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 Land Use Code and any site specific zoning regulations or policies which might impact properties, all as in effect and as may be amended from time to time. While the Urban Renewal Law authorizes the Authority to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Plan Area, the City will regulate land use and building requirements through existing municipal codes and ordinances. 4.1 Packet Pg. 59 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 8 173061_Draft Report_College and Drake Urban Renewal Plan.docx 4. AUTHORIZED URBAN RENEWAL POWERS To support progress toward the outlined objectives, the Authority may undertake any of the following renewal activities, as deemed appropriate for the elimination or prevention of blight factors within the Plan Area, pursuant to the Urban Renewal Law: Public Improvements and Facilities The Authority may cause, finance or facilitate the design, installation, construction and reconstruction of public improvements in the Plan Area. In order to promote the effective utilization of undeveloped and underdeveloped land in the Plan Area, the Authority may, among other things, enter into financial or other agreements with the City of Fort Collins to provide the City with financial or other support in order to encourage or cause the City to invest funds for the improvement of storm drainage; street, 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 or other public entities. 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 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. 4.1 Packet Pg. 60 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 9 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. 4.1 Packet Pg. 61 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 10 Draft Report Legal Authority The Authority may also exercise all other powers given to it under the Urban Renewal 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. 4.1 Packet Pg. 62 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 11 173061_Draft Report_College and Drake Urban Renewal Plan.docx 5. ANTICIPATED URBAN RENEWAL ACTIVITIES Anticipated activities within the Urban Renewal Plan Area include: (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 been 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 and be rebranded as a King Soopers fuel station. 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 4.1 Packet Pg. 63 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 12 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 4.1 Packet Pg. 64 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 13 Draft Report Figure 3 Proposed Mixed-Use Development Concept Plan (August 2018) 4.1 Packet Pg. 65 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 14 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 tax increment investments 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. 4.1 Packet Pg. 66 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 15 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 4.1 Packet Pg. 67 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 16 173061_Draft Report_College and Drake Urban Renewal Plan.docx 6. PROJECT FINANCING Specific projects may be financed in whole or in part by the Authority, under the tax increment financing (TIF) provisions of CRS § 31-25-107(9)(a) of the Urban Renewal Law, as amended by HB 15-1348, or by any other available source of financing authorized to be undertaken by the Authority pursuant to CRS § 31-25-105 of the Urban Renewal Law. The Authority is authorized to: • Finance urban renewal projects within the Plan Area with revenues from property tax increments, sales tax increments, interest income, federal loans or grants, agreements with public, quasi-public, or private parties and entities, loans or advances from any other available source, and any other available sources of revenue. • Issue bonds, including, without limitation, notes or any other financing instruments or documents in amounts sufficient to finance all or part of the Plan. The principal, interest, and any premiums due on or in connection with such indebtedness may be paid from property tax increments, sales tax increments or any other funds, revenues, assets or property legally available to the Authority. • Borrow funds and create indebtedness in carrying out this Plan. • Use 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. Property Tax Increment Financing (TIF) The Authority is specifically authorized to expend Property Tax Increment Revenue (as defined herein), to the extent authorized by the Urban Renewal Law, the Intergovernmental Agreements, and this Plan. This Plan contemplates 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. Pursuant to the provisions of Section 31-25-107(9) of the Urban Renewal Law, in approving this Plan, the City Council hereby creates a single Tax Increment Financing District with the same boundary as the Plan Area. The boundaries of this District shall be as generally described in Chapter 1, illustrated in Figure 1, and legally described in Appendix A. 4.1 Packet Pg. 68 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 17 Draft Report Property Tax Increment Limitations A fund for financing projects may be accrued and used by the Authority under the property tax allocation financing provisions of the Urban Renewal Law. Under this method, property taxes 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 or municipal sales taxes collected within the Plan Area, or both such taxes, 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, except for that portion of property taxes which are collected on behalf of TAXING ENTITY pursuant to the terms of the IGA with the Authority, 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 state 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. 4.1 Packet Pg. 69 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 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. 4.1 Packet Pg. 70 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 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 Value 1 Base (2019) Assessed Value 1 Estimated (2021) Assessed Value 1 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 4.1 Packet Pg. 71 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 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 4.1 Packet Pg. 72 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 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. Intergovernmental agreements 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 4.1 Packet Pg. 73 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 22 Draft Report Sales Tax Increment Financing The project may also be financed by the Authority under the sales tax allocation financing provisions of the Urban Renewal Law. 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. Notwithstanding any other provision of law, any additional revenues the City, county, special district, or school district receives 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 4.1 Packet Pg. 74 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 2018 Economic & Planning Systems, Inc. 23 Draft Report X of the state constitution subsequent to the creation of this special fund are not included in the amount of the increment that is allocated to and, when collected, paid into the special fund of the authority. 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. 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. 4.1 Packet Pg. 75 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 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 4.1 Packet Pg. 76 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 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 4.1 Packet Pg. 77 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) College and Drake Urban Renewal Plan September 7, 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 incremental revenues may also be used to pay bonded indebtedness, financial obligations, and debts of the authority related to urban renewal activities under this Plan. 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. 4.1 Packet Pg. 78 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 27 173061_Draft Report_College and Drake Urban Renewal Plan.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 agreements. Nothing herein shall be construed to require the Authority to first obtain the permission of any part to an Agreement prior to amending or modifying this plan. 4.1 Packet Pg. 79 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 28 173061_Draft Report_College and Drake Urban Renewal Plan.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. 4.1 Packet Pg. 80 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Economic & Planning Systems, Inc. 29 173061_Draft Report_College and Drake Urban Renewal Plan.docx 9. EFFECTIVE DATE OF THE PLAN This Plan shall be effective upon its final approval by the Fort Collins City Council. Except as otherwise permitted under the Urban Renewal Law, the term of the TIF period is twenty-five (25) years from the effective date of the Plan, unless the Authority deems, to the extent consistent with the terms in the Agreements, that all activities to accomplish the Project have been completed and all debts incurred to finance such activities and all expenses of the Authority have been repaid. In that event, the Authority may declare the Plan fully implemented. 4.1 Packet Pg. 81 Attachment: College and Drake Urban Renewal Plan (draft) (7183 : Draft Drake & College Urban Renewal Plan) Action Item Plan Area Review Committee Tax Entities Planning & Zoning Board URA Finance Committee URA Board Council Finance Committee City Council Urban Renewal Plan Overview & Review 26-Sep-18 12-Oct-18 PUBLIC OPEN HOUSE Financial Impact Model Review 10-Oct-18 15-Oct-18 Refer Urban Renewal Plan to P&Z 6-Nov-18 TIF Allocation Recommendations 7-Nov-18 Work Session: Review Urban Renewal Plan 9-Nov-18 Distribute TIF Allocation IGAs 9-Nov-18 Public Hearing: Urban Renewal Plan 15-Nov-18 Set Public Hearing for Urban Renewal Plan 4-Dec-18 HEALTH: Review TIF Allocation IGA 27-Nov-18 PSD: Review TIF Allocation IGA 11-Dec-18 COUNTY: Review TIF Allocation IGA 11-Dec-18 LIBRARY: Review TIF Allocation IGA 10-Dec-18 Review TIF Allocations 17-Dec-18 17-Dec-18 Approve TIF Allocation IGAs 20-Dec-18 Public Hearing: Urban Renewal Plan 15-Jan-19 Plan Formation Process Key Dates by Entity 10-Oct-18 ATTACHMENT 2 4.2 Packet Pg. 82 Attachment: Key Dates By Entity (7183 : Draft Drake & College Urban Renewal Plan) 1 College and Drake Urban Renewal Plan - DRAFT Josh Birks 10-12-18 ATTACHMENT 3 4.3 Packet Pg. 83 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) Questions for the Board 1. Does the Board support the Plan objectives? 2. Does the Board have input on the public improvements to be funded with Tax Increment? 3. What additional information, if any, should the Council have prior to consideration of the Plan? 2 4.3 Packet Pg. 84 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) 3 MAX King Soopers Spradley Barr 4.3 Packet Pg. 85 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) Alignment 4 4.3 Packet Pg. 86 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) Plan Objectives • Redevelopment and New Development • Remedy conditions that impair sound growth of the City • Implement the Comprehensive Plan • Leverage reinvestment complementary to community goals • Effectively utilize undeveloped and underdeveloped land 5 4.3 Packet Pg. 87 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) Plan Objectives • Improve pedestrian, bicycle, vehicular and transit-related circulation and safety • Encourage the rehabilitation and redevelopment of outmoded buildings • Provide financing mechanisms to incent investment, including TIF • Contribute to increased revenues for all taxing entities 6 4.3 Packet Pg. 88 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) Tax Increment & Use 7 Private Investment = Tax Increment Tax Entity Allocations Project Assistance Plan Area Improveme nts Additional Options 4.3 Packet Pg. 89 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) Potential Public Improvements Development Related College & Drake Intersection Improvements Pedestrian Safety Enhancements to College & Drake Drake Road Improvements (Redwing to College) College sidewalk and landscaping enhancements Plan Area Add’l College & Drake Intersection Improvements New Traffic Signal College & Drake College Avenue Stormwater Inlet Replacement College Multi-use Path Enhance College Median Landscape Others? Additional Opportunities Bay Road Improvements Bicycle/Pedestrian Grade Mason Trail Grade Separated Crossing Max Station Parking Structure Others? 8 4.3 Packet Pg. 90 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) Key Dates 9 PRC REVIEW Council Adoption Jan. 15, 2019 Public Open House Oct. 10, 2018 P&Z Review Nov. 15, 2018 TAX ALLOCATIONS URA Board Review (Today) Board Approves Allocations Dec. 20, 2018 4.3 Packet Pg. 91 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan) Questions for the Board 1. Does the Board support the Plan objectives? 2. Does the Board have input on the public improvements to be funded with Tax Increment? 3. What additional information, if any, should the Council have prior to consideration of the Plan? 10 4.3 Packet Pg. 92 Attachment: Powerpoint presentation (7183 : Draft Drake & College Urban Renewal Plan)