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HomeMy WebLinkAbout2007-053-05/15/2007-MAKING FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE FOOTHILLS MALL RESOLUTION 2007-053 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE FOOTHILLS MALL WHEREAS, by Resolution 2007-052, the City Council has found and declared the area described in said Resolution (the "Area") to be a blighted area as defined in the Colorado Urban Renewal Law, Sections 31-25-101, et sea., C.R.S. (the "Law"), and appropriate for inclusion in an urban renewal project; and WHEREAS,it is desirable and in the public interest that the City's Urban Renewal Authority (the "Authority") undertake the urban renewal activities described in the Foothills Mall Urban Renewal Plan(the'Plan"),which Plan is attached hereto as Exhibit "A"and by this reference made a part hereof; and WHEREAS, approval of the Plan will facilitate the elimination and prevention of blighted areas and promote the redevelopment, conservation, and rehabilitation of the Area; and WHEREAS, on May 15, 2007, the City Council conducted a public hearing and reviewed the Plan pursuant to the procedural and notice requirements of the Law; and WHEREAS, notice of the public hearing on the Plan was published as required by Section 31-25-107(3), C.R.S., at least thirty days prior to the public hearing; and WHEREAS, reasonable efforts have been taken to provide written notice of the public hearing to each property owner, business, and resident of the Area included in the Plan informing them of the public hearing at least thirty days prior to the public hearing; and WHEREAS, the Planning and Zoning Board has considered the Plan and made its recommendation as required by the Law; and WHEREAS, the City Council has considered the evidence presented in support of and in opposition to the Plan,the Conditions Survey,the Planning and Zoning Board recommendation and staffs recommendation and has considered the legislative record and given appropriate weight to the evidence and has determined to approve the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Area described in the Plan is hereby found,determined and declared to be a blighted area as defined in the Law. This is a finding by the City Council based upon the Conditions Survey and other evidence presented to City Council at a public hearing. Section 2. That the boundaries of the Area described in the Plan have been drawn as narrowly as is feasible to accomplish the planning and development objectives of the Plan. Section 3. That the Plan has been submitted to the Board of County Commissioners of Larimer County,Colorado,together with the information required by Section 31-25-107(3.5)of the Law. Section 4. That the Poudre School District has been permitted to participate in an advisory capacity with respect to the inclusion in the Plan of the tax allocation provisions authorized by Section 31-25-107(9)of the Law. Section 5. That the Plan meets the requirements of Section 31-25-105.5(2)of the Law, and that the Authority is authorized to acquire any interest in property by any manner available, including,without limitation,by exercise of the power of eminent domain under the following terms and conditions and any other requirements of any applicable law. The decision by the City Council to authorize the use of eminent domain is based on its finding that the Area is a blighted area as defined in the Law. (a) The activities and undertakings that constitute the Project described in the Plan shall be commenced no later than seven years from the effective date of this Resolution. (b) Not later than the commencement of the negotiation of an agreement for redevelopment or rehabilitation of property acquired or to be acquired by eminent domain, the Authority must provide notice and invite proposals for redevelopment or rehabilitation from all property owners, residents, and owners of business concerns located on the property acquired or to be acquired by eminent domain in the Area by mailing notice to their last known address of record. The Authority may also at the same time invite proposals for redevelopment or rehabilitation from other interested persons who may not be property owners,owners of business concerns,or residents within the Area, and may provide notice thereof by publication in a newspaper having a general circulation within the City. (c) In the case of a set of parcels to be acquired by the Authority in connection with the Project, at least one of which is owned by an owner refusing or rejecting an agreement for the acquisition of the entire set of parcels, the Authority must make a determination that the redevelopment or rehabilitation of the remaining parcels is not viable under the Plan without the parcel at issue. (d) Acquisition of any property by eminent domain shall be for the purpose of preventing or eliminating conditions ofblight without regard to the economic performance of the property to be acquired. -2- (e) Prior to exercising the power of eminent domain to transfer acquired property to a private party as authorized in accordance with the Law, the Authority shall adopt relocation assistance and land acquisition policies to benefit displaced persons that are consistent with those set forth in Article 56 ofTitle 24,C.R.S.,to the extent applicable to the facts of each specific property,and, at the time of the relocation of the owner or the occupant, shall provide compensation or other forms of assistance to any displaced person in accordance with such policies. In addition,in the case of a business concern displaced by the acquisition of property by eminent domain, the Authority shall make a business interruption payment to the business concern not to exceed the lesser of$10,000 or one-fourth of the average annual taxable income shown on the three most recent federal income tax returns of the business concern. (f) In any case where the acquisition of property by eminent domain by the Authority displaces individuals,families,orbusiness concerns,the Authority shall make reasonable efforts to relocate such individuals, families, or business concerns within the Area, where such relocation is consistent with the uses provided in the Plan, or in areas within reasonable proximity of, or comparable to,the original location of such individuals,families,or business concerns. Section 6. That the Plan meets the requirements of the Law and the principal public purpose for adoption of the Plan is to facilitate redevelopment of the Area in order to eliminate or prevent the spread of a physically blighted area as defined in the Law. Section 7. That to the extent that any relocation of individuals and families will be required in connection with the Plan, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. Section 8. That to the extent that any relocation of business concerns will be required in connection with the Plan,a feasible method exists for the relocation of such business concerns in the Area or in other areas that are not generally less desirable with respect to public utilities and public and commercial facilities. Section 9. That the City Council has taken reasonable efforts to provide written notice of the public hearing prescribed by Section 31-25-107(3) of the Law to all property owners, residents, and owners of business concerns in the Area at their last known addresses at least thirty days prior to the public hearing on the Plan. Section 10. That Section 31-25-107(4)(d)of the Law does not applybecause no more than 120 days have passed since the commencement of the only public hearing on the Plan. -3- Section 11. That Section 31-25-107(4)(e) of the Law does not apply because the City Council did not fail to previously approve the Plan. Section 12. That the Plan conforms with "City Plan", which is the general plan for the development of the City as a whole, and that the Council expressly adopts the provisions contained in Section 6 of the Plan,pertaining to conformance with"City Plan"and particularly,the"City Plan" principles and policies contained in said Section 6. Section 13. That the Plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the Area described in the Plan by private enterprise. Passed and adopted at a regular meeting of the City C it held this 15th day of A.D. 2007. ✓ J Mayor ATTEST: i City Clerk -4- FOOTHILLS MALL Urban Renewal Plan City of Fort Collins Prepared for : City of Fort Collins and Fort Collins Urban Renewal Authority May 15 , 2007 Foothills Mall Urban Renewal Plan 1 Table of Contents 1 . Preface and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 . Finding of " Blight " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 . Plan Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Foothills Mall Redevelopment Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 05 4 . Renewal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 . Development Standards and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 . Conformance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 UrbanRenewal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CityPlan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 IN ve 7 . Project Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Property Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 SalesTax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Tax Increment Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 . Modifications to the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 . Reasonable Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Appendix A - Legal Descriptions Foothills Mall Urban Renewal Plan 2 1 . Preface and Intent The Foothills Mall Urban Renewal Plan ( Plan ) is an Urban Renewal Plan prepared for the Fort Collins Urban Renewal Authority ( Authority ) and the City of Fort Collins ( the City ) , pursuant to the provisions of the Urban Renewal Law , Colo . Rev . Stat . § § 31 - 25 - 101 et seq . ( Urban Renewal Law ) . Terms used in the Plan have the same meaning as in the Urban Renewal Law . The jurisdictional boundaries of the Authority are the same as the boundaries of the City . Within the City boundaries there may be one or more urban renewal areas . This Plan describes the framework for certain public undertakings constituting urban renewal projects and other authorized activities under the Urban Renewal Law in the Foothills Mall area , located in the City of Fort Collins , Larimer County , Colorado . The boundary of the area to which this Plan applies generally includes those properties located within the area generally bounded by : ■ East Swallow Road residences ( rear property lines ) on the north , ■ East Monroe Drive on the south , ■ Stanford Road on the east , and ■ South College Avenue on the west . The plan area is depicted on the Boundary Map located at the end of this document . The legal descriptions of the perimeter boundary and the twelve parcels within the Plan area are attached hereto as Appendix A . This Plan was prepared for adoption by the City Council in recognition that this Renewal Area requires a coordinated , cooperative strategy , with financing possibilities , to eliminate blight and prevent the spread of blight , and accomplish the City 's development objectives for improving the continued viability of the mall and surrounding retail areas . The Plan effort was originated in response to a request by the current owner of the Foothills Mall , General Growth Properties . The mall originally opened in the fall of 1973 and has undergone expansions in 1980 and again in 1989 , but has experienced declining sales and increasing vacancies in recent years with increasing competition from larger and newer retail ventures in Northern Colorado . The recent loss of two major anchor stores , Mervyn 's and JCPenney , at the mall has left larger areas of un - and under- utilized retail space , parking areas , and other areas that are contributing to the escalating blight on the mall properties . Foothills Mall Urban Renewal Plan 3 The driving interest in the establishment of this Plan is to offer tax increment financing as a tool to stimulate and leverage private sector development and redevelopment , to help eliminate blight , and to prevent the spread of blight . Development and redevelopment in the area is anticipated to occur in the near future , with the potential for URA financing to provide the impetus and means to undertake this redevelopment at a faster pace than might occur otherwise . 2 . Finding of " Blight "I Based on the evidence presented at a public hearing , and in the Foothills Mall Existing Conditions Survey , dated May 15 , 2007 , the City Council , by Resolution 2007 - , made a finding that the Renewal Area was " blighted " as defined by the Urban Renewal Law , by the existence of the following six factors : ■ Slum , deteriorated , or deteriorating structures ; ■ unsanitary or unsafe conditions ; ■ deterioration of site or other improvements ; ■ unusual topography or inadequate public improvements or utilities ■ buildings that are unsafe or unhealthy ; ■ the existence of health , safety , or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites , buildings , or other improvements The City Council also found that these factors , taken together, substantially impair the sound growth of the City , constitute an economic and social liability , and are a menace to the public heath , safety and welfare of the community . Based on evidence of the " blighted " factors , the Renewal Area is appropriate for authorized activities of the Authority pursuant to the Urban Renewal Law . 3 . Plan Objectives The overall objective of this Plan is to remedy blight and prevent the spread of blight by assisting implementation of the relevant provisions contained in the following documents : ■ City Plan (The City of Fort Collins Comprehensive Plan) ■ Fort Collins Infill Infrastructure Report ■ City of Fort Collins Master Transportation Plan ■ City of Fort Collins Economic Action Plan To do this , this Plan is intended to stimulate private sector development in and around the Renewal Area . A combination of private investment and Urban Foothills Mall Urban Renewal Plan 4 Renewal Authority financing will assist progress toward the following additional objectives : ■ To address and remedy conditions in the area that impair or arrest the sound growth of the city ■ To implement the Comprehensive Plan and its related elements ■ To redevelop and rehabilitate the area in a manner which is compatible with and complementary to unique circumstances in the area ■ To effectively utilize undeveloped and underdeveloped land ■ To improve pedestrian , bicycle , vehicular, and transit - related circulation and safety ■ To ultimately contribute to increased revenues for all taxing entities ■ To encourage the voluntary rehabilitation of buildings , improvements , and conditions ■ To watch for market and / or project opportunities to eliminate blight , and when such opportunities exist , to take action within the financial , legal and political limits of the Authority to acquire land , demolish and remove structures , provide relocation benefits , and pursue redevelopment , improvement and rehabilitation projects . Foothills Mall Redevelopment Objectives The primary focus of the redevelopment efforts at Foothills Mall will be to replace the two vacant anchor tenants , update the common areas of the mall , and provide new offerings that are more in line with the demands of today 's consumers . The redevelopment efforts can be broken into seven distinct areas that will be completed as obstacles to the program are overcome and market forces dictate . The seven areas can be roughly described as follows : 1 , replacement of Mervyn 's with a future anchor tenant , 2m replacement of JC Penney with a future mini - anchor tenant , I an update of the interior common area of the mall , 4n addition of an exterior facing streetscape along Foothills Parkway , 5 . redevelopment of the Shops at Foothills , 6 . redevelopment of the former Perkins site , and 7 . redevelopment of The Plaza at Foothills . The existing Mervyn 's building is contemplated to be replaced by a 2 - story 150 , 000 square foot Anchor tenant in roughly the same location as the former Mervyn 's . This will allow Foothills Mall to attract a higher end anchor than the current single - story 75 , 000 square foot building allows for . The Current JC Penney location will be replaced with a single - story mini - anchor of approximately 50 , 000 square feet in a significantly different configuration than the current JC Penney store . This will again allow Foothills Mall to attract the best possible tenant for this Foothills Mall Urban Renewal Plan 5 location and also allow for improved parking and traffic circulation by eliminating a pinch point between the corner of the existing JC Penney building and the ring road . The existing interior common areas of the mall will also be upgraded to reflect current standards for a first class shopping center . The final piece of the mall itself will be the addition of a two - story 40 , 000 square foot mini - anchor and 26 , 500 square feet of exterior facing restaurants and retail shops in a streetscape facing Foothills Parkway . This will allow Foothills Mall to accommodate those tenants who will only accept exterior locations with immediate access to parking . The former Perkins building will be demolished and rebuilt in a configuration to provide both better access and visibility for future tenants . This location will be marketed to both single use and multi - tenant food offerings . Both the Shops at Foothills to the north and the Plaza at Foothills to the south will be the subjects of future redevelopment plans with a focus on providing the best possible retail offerings and improving connectivity to the central core of Foothills Mall . The overall vision for Foothill Mall , upon completion of all redevelopment activities , is to create a first class shopping and dining destination that will function as one cohesive , pedestrian friendly site . 4 . Renewal Activities To support progress toward the objectives , the Authority may undertake any of the following renewal activities , as deemed appropriate for the elimination or prevention of blight factors within the renewal area , pursuant to the Urban Renewal Law : a . Public Improvements . The Authority may cause , finance , or facilitate the design , installation , construction , and reconstruction of public improvements in the Renewal Area . In order to promote the effective utilization of undeveloped and underdeveloped land in the Renewal Area , the Authority may , among other things , enter into financial or other agreements with the City of Fort Collins to provide the City with financial or other support in order to encourage or cause the City to invest funds for the improvement of storm drainage and street conditions and deficiencies in the Renewal Area . b . Purchase of Property . In the event that the Authority finds it necessary to purchase any real property for an urban renewal project to remedy blight factors pursuant to the Urban Renewal Law and this Plan , the Authority may do so by any legal means available , including the exercise of the power of eminent domain , pursuant to the Urban Renewal Law . If the power of eminent domain is to be exercised for the purpose of transfer of property to another private person or entity , the Authority 's decision whether to acquire Foothills Mall Urban Renewal Plan 6 the property through eminent domain shall be guided by the following criteria , with the understanding that these guidelines shall not be construed to constrain the Authority 's legal ability to exercise the power of eminent domain : ■ all requirements of the Urban Renewal Law , including eminent domain procedures , have been met ; ■ other possible alternatives have been thoroughly considered by the Authority ; ■ good faith negotiations by the Authority and / or the project developer have been rejected by the property owner ; ■ reasonable efforts have been undertaken to : ( a ) understand and address the property owner' s position and his or her desires for the property and for any existing business on the site , and ( b ) work with the owner to either include the owner in project planning or purchase the property and relocate the owner in accordance with the Urban Renewal Law on terms and conditions acceptable to the owner . c . Demolition . The Authority may provide for the demolition of existing development and clearance of sites as part of specific projects . d . Participation Agreements . The Authority may enter into participation agreements with property owners or developers in the renewal area to facilitate participation and assistance that the Authority may choose to provide to such owners or developers . These may include provisions regarding project planning , public improvements , financing , design , and any other matters allowed pursuant to the Urban Renewal Law . e . Relocation Assistance . It is not expected that the activities of the Authority will displace any person , family , or business . However , to the extent that in the future the Authority may purchase property causing displacement of any person , family , or business , it shall develop a relocation program to assist any such party in finding another location pursuant to the Urban Renewal Law , and provide relocation benefits consistent with the Urban Renewal Law . There shall be no displacement of any person or business without there being in place a relocation program , which program shall become a part of this Plan when adopted . f . Hiring . The Authority may employ consultants , agents , and employees , permanent and temporary , and it shall determine their qualifications , duties , and compensation . g . Legal Authority . The Authority may also exercise all other powers given to it under the Urban Renewal Law . Foothills Mall Urban Renewal Plan 7 5 . Development Standards and Procedures Development within the Renewal Area shall be designed and processed in accordance with the City of Fort Collins Land Use Code and other applicable standards , in the City 's standard development review procedures . 6 . Conformance URBAN RENEWAL LAW This Plan is in conformity with and subject to the applicable statutory requirements of the Urban Renewal Law . CITY PLAN The City 's adopted Comprehensive Plan , known as City Plan , describes desirable land use and transportation patterns , with goals and policies for those topics along with community appearance and design , the environment , open lands , housing , the economy , and growth management . Briefly summarized , the land use pattern envisioned by these plans for the Renewal Area is a retail and commercial hub , providing major shopping and service opportunities to the residents and visitors of the City of Fort Collins . The redevelopment envisioned includes a safe , efficient , and logical circulation pattern , including options for alternative modes of transportation as well are passenger vehicles ; significant exterior upgrades . This Plan is intended to provide mechanisms to facilitate implementation of City Plan , and therefore it is in direct conformance with City Plan . The following excerpts from City Plan highlight the linkage between City Plan and this Urban Renewal Plan . These are representative excerpts , and not an all - inclusive listing of relevant statements : ■ PRINCIPLE GM - 8 : The City will promote compatible infill and redevelopment in areas within the Growth Management Area boundary . ■ Policy GW8 . 1 Targeted Redevelopment / Infill . Redevelopment and infill development will be encouraged in targeted locations . The purpose of these areas is to channel growth where it will be beneficial and can best improve access to jobs , housing and services with fewer and shorter auto trips . These targeted areas Foothills Mall Urban Renewal Plan 8 are parts of the city where general agreement exists that development or redevelopment is beneficial . A major goal is to increase economic activity in the area to benefit existing residents and businesses and , where necessary , provide the stimulus to redevelop . These areas should be defined from City Plan , Subarea Plans , Zoning and locational criteria such as : a . Underutilized land b . Areas already undergoing positive change , which is expected to continue c . Areas where infrastructure capacity exists d . Areas where public investment is warranted from a policy perspective e . Areas with special opportunities , such as where major public or private investment is already planned f . Transportation opportunities : • Along travel corridors • Along enhanced travel corridors ■ Policy GM - 8 . 4 Remedy Infrastructure Deficiencies . The City will consider opportunities to selectively correct infrastructure deficiencies in targeted areas , such as storm drainage and streets , so that infill development or redevelopment does not pay an infrastructure " penalty " to remedy past problems in existing developed areas . ■ Policy GM - 8 . 5 Public Investment . The City will consider opportunities , and the costs and benefits for targeted public investment in order to encourage redevelopment and infill development in appropriate locations . ■ Policy ECON - 1 . 5 Maintain and Expand City Revenue Base . The City will ensure that commercial uses that generate the sales and use tax revenues which support the City 's financial base are maintained and expanded . The City will also explore other options to expand and diversify its revenue base , including targeted annexations of existing commercial corridors , such as the Mulberry Corridor, as well as revenue sharing agreements with other communities . a . The City will assist in identifying and preserving key undeveloped parcels in appropriate locations for additional commercial activity . b . The City will seek to strengthen existing commercial districts , such as the Downtown , North College , Campus West , and the Foothills Mall . c . The City will seek to maintain and enhance its attractiveness as a place to do business in order to maintain its share of the region 's sales and use tax base . Foothills Mall Urban Renewal Plan 9 7 . Project Financing Specific projects may be financed in whole or in part by the Authority , under the tax increment financing ( TIF ) provisions of CRS § 31 - 25 - 107 ( 9 ) ( a ) of the Urban Renewal Law , or by any other available source of financing authorized to be undertaken by the Authority pursuant to CRS § 31 - 25 - 105 of the Urban Renewal Law . The Authority is authorized to : ( a ) finance urban renewal projects within the Renewal Area with revenues from property tax increments , sales tax increments , interest income , federal loans or grants , agreements with public , quasi - public or private parties and entities , loans or advances from any other available source , and any other available sources of revenue ; ( b ) issue bonds and incur other obligations contemplated by the Urban Renewal Law in an amount sufficient to finance all or any part of a project within the Renewal Area ; and ( c ) borrow funds and create indebtedness in any authorized form in carrying out this Plan . Any principal and interest on such indebtedness may be paid from property tax increments , sales tax increments or any other funds , revenues , assets or properties legally available to the Authority . Such methods may be combined to finance all or part of the Plan activities . PROPERTY TAX INCREMENT A fund for financing projects may be accrued and used by the Authority under the property tax allocation financing provisions of the Urban Renewal Law . Under this method , property taxes levied after the effective date of the approval of this Plan upon taxable property in the Renewal Area each year by or for the benefit of any public body shall be divided for a period not to exceed twenty - five ( 25 ) years after the effective date of the adoption of the tax allocation provision , as follows : Base Amount - That portion of the taxes which are produced by the levy at the rate fixed each year by or for such public body upon the valuation for assessment of taxable property in the Renewal Area last certified prior to the effective date of approval of the Plan or , as to an area later added to the Renewal Area , the effective date of the modification of the Plan , shall be paid into the funds of each such public body as are all other taxes collected by or for said public body . Foothills Mall Urban Renewal Plan 10 Increment amount - That portion of said property taxes in excess of such base amount shall be allocated to and , when collected , paid into a special fund of the Authority to pay the principal of, the interest on , and any premiums due in connection with the bonds of, loans or advances to , or indebtedness incurred by ( whether funded , refunded , assumed or otherwise ) the Authority for financing or refinancing , in whole or in part , a specific project . Such increment amount shall also be used to pay for the Authority ' s financial obligations incurred in the implementation of this Plan . Unless and until the total valuation for assessment of the taxable property in the Renewal Area exceeds the base valuation for assessment of the taxable property in the Renewal Area , all of the taxes levied upon taxable property in the Renewal Area shall be paid in to the funds of the respective public bodies . In the event that there is a general reassessment of taxable property valuations in Larimer County , which are subject to division of valuation for assessment between base and increment , as provided above , the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with such reassessment . Note that at the time of this Plan adoption , such a general reassessment occurs every two years , in the odd - numbered years . When such bonds , loans , advances , indebtedness , and financial obligations , including interest thereon and any premiums due in connection therewith , have been paid , all taxes upon the taxable property in the Renewal Area shall be paid into the funds of the respective public bodies . SALES TAX INCREMENT The project may also be financed by the Authority under the sales tax allocation financing provisions of the Urban Renewal law . The act allows that upon the adoption or amendment of an Urban Renewal Plan , sales taxes flowing to the City may be " frozen " at their current level . The current level is established based on the previous twelve months prior to the adoption of this Plan . Thereafter, the City can continue to receive this fixed sales tax revenue . The Urban Renewal Authority thereafter may receive all , or an agreed upon portion of the additional sales taxes ( the increment ) which are generated above the base . The Authority may use these incremental revenues to finance the issuance of bonds , reimburse developers for public improvement costs , reimburse the City for public improvement costs and pay off financial obligations and other debts incurred in the administration of the Urban Renewal Plan . This increment is not an additional sales tax , but rather is a portion of the established tax collected by the City , and the sales tax increment resulting from redevelopment efforts and activities contemplated in this Plan . Foothills Mall Urban Renewal Plan 11 TAX INCREMENT REIMBURSEMENT Tax increment revenues may be used to reimburse the City and / or developer ( s ) for costs incurred for improvements related to a project to pay the debt incurred by the Authority with such entities for urban renewal activities and purposes . Tax increment revenues may also be used to pay bonded indebtedness , financial obligations , and debts of the Authority related to urban renewal activities under this Plan . S . Modifications to the Plan This Plan may be modified pursuant to requirements and procedures set forth in CRS § 31 - 25 - 107 of the Urban Renewal Law governing such modifications . 9 . Reasonable Variations The Board shall have the ability to approve reasonable variations ( as determined by the Board ) from the strict application of these Plan provisions , so long as such variations reasonably accommodate the intent and purpose of this Plan and the Urban Renewal Law . Plan provisions may be altered by market conditions , redevelopment opportunities and / or the needs of the community affected by the Plan . Foothills Mall Urban Renewal Plan 12 Appendix A - Legal Description LEGAL DESCRIPTION OF THE FOOTHILLS MALL URBAN RENEWAL AREA BOUNDARY The perimeter boundary of the Foothill Mall Urban Renewal Area is depicted on the map following page 14 , The legal description of the boundary is as follows : The Foothills Mall Urban Renewal Area is located in Section 25 of Township 7 North Range 69 West of the Sixth Principal Meridian , City of Fort Collins , Larimer County , Colorado , being more particularly described as follows ; Commencing at the northwest corner of Lot 1 of the Plat of A Replat Of Tracts F, G , And J , And Vacated Service Road Southmoor Village , Fifth Filing , the said northwest corner being the TRUE POINT OF BEGINNING OF THIS DESCRIPTION ; THENCE easterly , along the northerly line of the said Lot 1 and its easterly extension to the easterly Right of Way of Mathews Street ; THENCE southerly along the said easterly Right of Way to the northerly line of Tract Seven of the Plat The Foothills Fashion Mall Expansion ; Thence easterly along the said northerly line to the westerly line of Tract B of the Plat of The Foothills Fashion Mall Foley 's Expansion ; THENCE northerly along the said westerly line to the northerly line of the said Tract B ; Thence easterly along the said northerly line and along the northerly line of Tract A of the said Plat of The Foothills Fashion Mall Foley 's Expansion to the westerly Right of Way of Stanford Road ; THENCE southerly along the said Right of Way to the northerly line of Tract Nine of the said Plat of The Foothills Fashion Mall Expansion ; THENCE westerly along the said northerly line to the easterly Right of Way of Monroe Drive ; THENCE northerly along the said easterly Right of Way to the northerly Right of Way of the said Monroe Drive ; THENCE westerly along the said northerly right of Way to the easterly Right of Way of South College Avenue ; THENCE northerly along the said easterly Right of Way to the westerly extension of the southerly line of Tract D of the Plat of Southmoor Village 5tn ; THENCE easterly along the said extended line and along the southerly line to the easterly line of the said Tract D ; THENCE northerly along the said easterly line to the northerly line of the said Tract D ; THENCE westerly along the said northerly line and its westerly extension to the said easterly Right of Way of South College Avenue ; THENCE northerly along the said easterly Right of Way to the Point of Beginning ; Foothills Mall Urban Renewal Plan 13 The Foothill Mall Urban Renewal Area is comprised of twelve ( 12 ) separate parcels . The legal descriptions for the twelve separate parcels were derived from the Larimer County Assessor 's Office and are presented below : LOT 1 , REPLAT TR ' F ' , ' G ' & ' J ' , AND VACATED SERVICE ROAD , SOUTHMOOR VILLAGE 5TH , FTC ; LESS ROW PER 2001090658 & 2001090659 TR 1 , THE FOOTHILLS FASHION MALL EXPANSION , FTC TR 2 , THE FOOTHILLS FASHION MALL EXPANSION , FTC TR 3 , THE FOOTHILLS FASHION MALL EXPANSION , FTC TR 7 , THE FOOTHILLS FASHION MALL EXPANSION , FTC TR 8 , THE FOOTHILLS FASHION MALL EXPANSION , FTC TR 10 , THE FOOTHILLS FASHION MALL EXPANSION , FTC TR A . FOOTHILLS FASHION MALL FOLEY' S EXPANSION , FTC TR B . FOOTHILLS FASHION MALL FOLEY' S EXPANSION , FTC TR ' E ' , ALSO POR VAC ST PER 1580 - 897 , SOUTHMOOR VILLAGE STH , FTC Part of Tract T and Tract U and Part of the vacated road adjacent to said Tract U, Southmoor Village 5tn Fort Collins, Described: Beginning at a point on the west line of the said Tract T, which bears South 01 degree 57 minutes 00 seconds East 7. 19 feet, and again South 12 degrees 17 minutes 30 seconds West 180. 10 feet from the Northwest corner of Tract T; Thence North 89 degrees 45 minutes 30 seconds East 243 . 55 feet to a point on the northerly line of East Monroe Drive; Thence South 51 degrees 45 minutes 00 seconds West 231 .73 feet; Thence along the arc of a 193 .41 feet radius curve to the right, 127.73 feet, the long chord bears South 70 degrees 40 minutes 07 seconds West 125 .42 feet; Thence South 89 degrees 35 minutes 15 seconds West 137 .00 feet; Thence along the arc of a 15 . 00 feet radius curve to the right 23 . 56 feet the long chord bears North 45 degrees 24 minutes 45 seconds West 21 .21 feet; Thence North 00 degrees 24 minutes 45 seconds West 169. 17 feet; Thence North 89 degrees 45 minutes 30 seconds East 2 10 . 10 feet to the point of beginning. Part of Tract T, Southmoor Village 5tn Fort Collins, Beginning at the Northwest corner of Tract T; Thence North 89 degrees 45 minutes 30 seconds East 227 .00 feet; Thence South 74 degrees 54 minutes 00seconds East 170. 06 feet; Thence South 00 degrees 14 minutes 30 seconds East 24 .45 feet to a point on the north line of Monroe Drive; Thence along the said north line along the arc of a 301 .32 feet radius curve to the left 124 .25 feet, the long chord bears South 63 degrees 33 minutes 47 seconds West 123 . 37 feet; Thence South 51 degrees 45 minutes 00 seconds West 95 . 97 feet; Thence South 89 degrees 45 minutes 30 seconds West 243 . 55 feet; Thence North 12 degrees 17 minutes 30 seconds East 180. 10 feet; Thence North 01 degrees 57 minutes 00 seconds West 7 . 19 feet to the point of beginning; Also a part of Tract U and a part of the vacated Frontage Road adjacent to Tract U whence beginning at the Northeast corner of Tract U; Thence South 01 degrees 57 minutes 00 seconds East 7 . 19 feet; Thence South 12 degrees 17 minutes 30 seconds West 180. 10 feet; South 89 degrees 45 minutes 30 seconds West 210. 10 feet to a point on the East right of way of South College Avenue; Thence North 00 degrees 24 minutes 45 seconds West 183 .00 feet; Thence North 89 degrees 45 minutes 30 seconds East 249 .52 feet to the Point of Beginning, Southmoor Village 5t'; Less the Foothills Fashion Mall Expansion, Fort Collins. Foothills Mall Urban Renewal Plan 14 Proposed Foothills Mall Urban Renewal Area ; 17 = - cc . I :. = _C 0%!e - 1 hyAl.[ il4C :;rti3LVAV � 0 QD a [;3 cj o 0 GH r4 LN L• HUIL9. IQaTH M Foothills Mall Urban Renewal Plan 15