HomeMy WebLinkAbout2011-081-09/06/2011-MAKING FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE MIDTOWN AREA AND ESTABLISHING A TAX INC RESOLUTION 2011-081
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS AND APPROVING THE URBAN RENEWAL PLAN
FOR THE MIDTOWN AREA AND ESTABLISHING A TAX INCREMENT FINANCING
DISTRICT FOR PROSPECT SOUTH
WHEREAS, by Resolution 2011-080, the City Council has found and declared the area
described in that 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 "Act"), and appropriate for inclusion in an
urban renewal plan; and
WHEREAS, as part of declaring the area blighted,the City Council reviewed the results of
a survey entitled the Midtown Existing Conditions Survey" dated April 2011, (the "Conditions
Survey"),which includes maps,a description of existing conditions and numerous photographs;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 Midtown Urban Renewal
Plan (the "Plan") attached hereto as Exhibit"A" and incorporated herein by this reference; 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 September 6, 2011, the City Council conducted a public hearing and
reviewed the Plan pursuant to the procedural and notice requirements of the Act; 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 Act; 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
staff s 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 Act. 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
Act.
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 Act.
Section 5. That the Plan meets the requirements of Section 31-25-105.5(2) of the Act,
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 Act.
(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.
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(d) Acquisition of any property by eminent domain shall be for the purpose of
preventing or eliminating conditions of blight without regard to the economic
performance of the property to be acquired.
(e) Prior to exercising the power of eminent domain to transfer acquired property
to a private party as authorized in accordance with the Act, the Authority
shall adopt relocation assistance and land acquisition policies to benefit
displaced persons that are consistent with those set forth in Article 56 of Title
24,C.R.S.,to the extent applicable to the facts of each specific property,and,
at the time of the relocation of the owner or the occupant, shall provide
compensation or other forms of assistance to any displaced person in
accordance with such policies. 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,or business concerns,the Authority
shall make reasonable efforts to relocate such individuals, families, or
business concerns within the Area, where such relocation is consistent with
the uses provided in the Plan, or in areas within reasonable proximity of, or
comparable to,the original location of such individuals,families,or business
concerns.
Section 6. That the Plan meets the requirements of the Act 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 Act.
Section 7. That to the extent any relocation of individuals or families will be required
in connection the Plan,a feasible method exists for the relocation of those individuals and families
in decent, safe, and sanitary dwelling accommodations within their means and without undue
hardship to such individuals and families.
Section 8. That to the extent any relocation of business concerns will be required with
the Plan,a feasible method exists for the relocation of those business concerns in the urban renewal
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)ofthe Act to all property owners,residents,
and owners of business concerns in the proposed urban renewal area at their last known address of
record at least thirty days prior to such hearing.
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Section 10. That no more than one hundred twenty days have passed since the
commencement of the first public hearing of the urban renewal plan.
Section 11. That Section 31-25-107(4)(e)does not apply because the City Council did not
fail to previously approve this 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 Section 6 of the Plan.
Section 13. That Larimer County has communicated to the City and the Authority that no
additional County infrastructure and services are required to serve development within the urban
renewal area at this time.
Section 14. That the Plan will afford maximum opportunity, consistent with the sound
needs of the city as a whole, for the rehabilitation or redevelopment of the urban renewal area
described in the Plan by private enterprise.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of September A.D. 2011.
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ATTEST: O�FORT•COZ
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Midtown
Urban Renewal Plan
City of
Fort Collinso i
Prepared for :
City of Fort Collins and
Fort Collins Urban Renewal Authority
May 17, 2011
Prepared By :
Fort Collins Urban Renewal Authority
This page intentionally left blank .
MIDTOWN URBAN RENEWAL PLAN 2
Contents
1 . Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 . Blight Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 . Plan Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 . Authorized Urban Renewal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Public Improvements and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Cooperative Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Purchase of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Demolition , Clearance, Environmental Remediation , and Site Prep . . . . . . . . . . . . . . . . . . . . 12
PropertyDisposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Redevelopment Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Relocation Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Hiring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Legal Authority . , , , , , , , , , , , , poem me 13
Catalyst and Enhancement Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 . Development Standards and Procedures . , 13
6 . Conformance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
UrbanRenewal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CityPlan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 . Project Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Tax Increment Financing (TIF ) District Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Property Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Sales Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Tax Increment Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8 . Modifications to the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9 . Reasonable Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
10 . Effective Date of the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Appendices
Appendix A — Legal Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
DESCRIPTION OF THE MIDTOWN URBAN RENEWAL PLAN AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Appendix B — Legal Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT — PROSPECT SOUTH . . . . 23
List of Figures
Figure 1 : Midtown Urban Renewal Plan Boundary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Figure 2 : Tax Increment Financing Area — Prospect South . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
MIDTOWN URBAN RENEWAL PLAN 3
1 . Introduction
The Midtown Urban Renewal Plan ( Plan ) is a plan prepared for the Fort Collins Urban
Renewal Authority ( Authority ) and the City of Fort Collins ( the City ) , pursuant to the
provisions of the Urban Renewal Law, Colo . Rev . Stat . § 31 - 25 - 101 et seq . ( Urban
Renewal Law) . Terms used in the Plan have the same meaning as in the Urban Renewal
Law .
The jurisdictional boundaries of the Authority are the same as the boundaries of the
City . Within the City boundaries there may be one or more urban renewal plan areas .
This Plan describes the framework for certain public undertakings constituting urban
renewal projects and other authorized activities under the Urban Renewal Law in the
Midtown Urban Renewal Plan Area ( Plan Area ) , located in the City of Fort Collins,
Larimer County, Colorado .
This Plan was prepared for adoption by the City Council in recognition that the Midtown
Commercial Corridor requires a coordinated , cooperative strategy, with financing
possibilities, to eliminate unfavorable existing conditions and prevent further
deterioration . This Plan intends to accomplish the City' s development objectives for
improving the viability of the commercial corridor by creation of the Plan Area .
The driving interest in the establishment of this Plan is to begin offering tax increment
financing (TIF ) as a tool to stimulate and leverage both public and private sector
development ( including redevelopment ) , to help remedy adverse conditions and
prevent the spread of further deterioration . It is the intent of this Plan for any
development projects and other implementation actions to be done in a responsive
manner, with full consideration for interests and concerns of property owners in the
Plan Area . Development and redevelopment is anticipated to occur incrementally over a
substantial period of time, with the potential for Authority financing to provide the
impetus and means to undertake this redevelopment at a faster pace than might occur
otherwise .
The Plan effort originated in response to the Midtown Redevelopment Study adopted in
2010 where one of the primary action items for implementation concluded the need for
an Existing Conditions Survey and Urban Renewal Plan .
The Plan has been made available to City of Fort Collins residents . Input was solicited of
area residents, property owners and business owners and tenants prior to completion of
the Plan . Notifications of public hearings and an open house was provided to property
owners, tenants, and residents within and surrounding the study area stating the
following : time, date, place, and a description of the Urban Renewal Plan ( URP ) and its
general scope .
MIDTOWN URBAN RENEWAL PLAN 4
Meetings were held before the Planning and Zoning Board and City Council in spring
2011 to receive comments and input on this Plan . To the extent provided in Colorado
Public Records Act, Colo . Rev . Stat . Title 24, Article 72, Part 2 as the same may be
amended from time to time, and pursuant to policies adopted by the Authority, project
plans and proposals will be made available to the public .
Description of the Plan Area
The Plan Area is approximately 660 acres with 404 parcels of private property, including
the right-of-way . The City of Fort Collins Structure Plan identifies this area as a
commercial corridor . The City of Fort Collins Zoning Map indicates this area is primarily
zoned C- commercial with some additional zones; HC — Harmony Corridor, E —
Employment, and CC- Community Commercial .
The Plan Area is depicted on the Boundary Map on the following page ( Figure 1 ) . A legal
description of the area is attached hereto as Appendix A .
The boundary of the Plan Area to which this Plan applies generally includes those
properties located within the area bounded by :
■ Prospect Road on the north ;
■ The Burlington Northern Santa Fe ( BNSF ) railroad right-of-way on the west ;
■ An irregular line following commercial parcels typically one or two parcels
deep to the east; and
■ Fairway Lane on the south .
Description of the Tax Increment Financing District - Prospect South
The Tax Increment Financing District - Prospect South is depicted on the Boundary Map
in Figure 2 . A legal description of the district is attached hereto as Appendix B .
MIDTOWN URBAN RENEWAL PLAN 5
Figure 1 : Midtown Urban Renewal Plan Boundary
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MIDTOWN URBAN RENEWAL PLAN 6
Figure 2 : Tax Increment Financing District — Prospect South
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MIDTOWN URBAN RENEWAL PLAN 7
2 . Blight Conditions
Before an urban renewal plan can be adopted by the City, the determination that an
area constitutes a blighted area depends upon the presence of several physical ,
environmental , and social factors . Blight is indeed attributable to a multiplicity of
conditions which , in combination , tend to accelerate the phenomenon of deterioration
of an area . The definition of a blighted area is premised upon the definition articulated
in the Urban Renewal Law, as follows :
"Blighted area " means an area that, in its present condition and use and,
by reason of the presence of at least four of the following factors,
substantially impairs or arrests the sound growth of the municipality,
retards the provision of housing accommodations, or constitutes an
economic or social liability, and is a menace to the public health, safety,
morals, or welfare :
a. Slum, deteriorated, or deteriorating structures;
b. Predominance of defective or inadequate street layout;
C. Faulty lot layout in relation to size, adequacy, accessibility, or
usefulness;
d Unsanitary or unsafe conditions,
e Deterioration of site or other improvements;
f. Unusual topography or inadequate public improvements or
utilities;
g. Defective or unusual conditions of title rendering the title
nonmarketable;
h . The existence of conditions that endanger life or property by fire
and other causes;
i. Buildings that are unsafe or unhealthy for persons to live or work
in because of building code violations, dilapidation, deterioration,
defective design, physical construction, or faulty or inadequate
facilities;
j. Environmental contamination of buildings or property;
k. 5 The existence of health, safety, or welfare factors requiring high
levels of municipal services or substantial physical underutilization
or vacancy of sites, building, or other improvements; or
L If there is no objection by the property owner or owners and the
tenant or tenants of such owner or owners, if any, to the inclusion
of such property in an urban renewal area, "blighted area " also
means an area that, in its present condition and use and, by
reason of the presence of any one of the factors specified in
paragraphs (a) to (k. 5) of this subsection (2), substantially impairs
or arrests the sound growth of the municipality, retards the
provision of housing accommodations, or constitutes an economic
MIDTOWN URBAN RENEWAL PLAN 8
or social liability, and is a menace to the public health, safety,
morals, or welfare. For purposes of this paragraph (I), the fact that
an owner of an interest in such property does not object to the
inclusion of such property in the urban renewal area does not
mean that the owner has waived any rights of such owner in
connection with laws governing condemnation .
To be able to use the powers of eminent domain , " blighted " means that five of the
eleven factors must be present ( C . R . S . § 31 - 25 - 105 . 2 ( 2 ) ( a ) ( 1 ) ) :
(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) (1), substantially impairs or arrests the sound
growth of the municipality, retards the provision of housing
accommodations, or constitutes an economic or social liability, and is a
menace to the public health, safety, morals, or welfare.
Source : Colorado Revised Statute 31 -25- 103 (2) .
Several principles have been developed by Colorado courts to guide the determination
of whether an area constitutes a blighted area under the Urban Renewal Law . First, the
absence of widespread violation of building and health codes does not, by itself,
preclude a finding of blight . The definition of " blighted area " contained in the Urban
Renewal Law is broad and encompasses not only those areas containing properties so
dilapidated as to justify condemnation as nuisances, but also envisions the prevention of
deterioration . " Tracy v. City of Boulder, 635 P. 2d 907, 909 (Colo. Ct. App. 1981 ) .
Second , the presence of one well maintained building does not defeat a determination
that an area constitutes a blighted area . A determination of blight is based upon an area
"taken as a whole, " and not on a building- by- building basis . Interstate Trust Building Co.
v. Denver Urban Renewal Authority, 473 P. 2d 978, 981 (Colo . 1970) .
Third , a governing body' s "determination as to whether an area is blighted . . . . is a
legislative question and the scope of review by the judiciary is restricted . " Tracy, 635
P. 2d at 909. A court' s role in reviewing such a blight determination is simply to
independently verify if the conclusion is based upon factual evidence determined by the
City Council at the time of a public hearing to be consistent with the statutory definition .
Based on the evidence presented at a public hearing, and in the Midtown Existing
Conditions Survey, dated April 2011, the City Council , by Resolution made a
finding that the Plan Area was " blighted " as defined by the Urban Renewal Law, by the
existence of the following seven factors :
MIDTOWN URBAN RENEWAL PLAN 9
a . Slum , deteriorated , or deteriorating structures
b . Predominance of defective or inadequate street layout
C . Faulty lot layout in relation to size , adequacy, accessibility, or usefulness
d . Unsanitary or unsafe conditions
e . Deterioration of site or other improvements
f. Unusual topography or inadequate public improvements or utilities
k . 5 . Health , safety, or welfare factors requiring high levels of municipal
services or substantial underutilization or vacancy of buildings, sites, or
improvements
The City Council also found that these factors, taken together, substantially impair the
sound growth of the City, constitute an economic and social liability, and negatively
affect the public heath , safety and welfare of the community . Based on evidence of the
" blighted " factors, the Plan Area is appropriate for authorized activities of the Authority
pursuant to the Urban Renewal Law .
3 . Plan Objectives
The overall objective of this Plan is to remediate unfavorable existing conditions and
prevent further deterioration by implementation of the relevant provisions contained in
the following documents :
■ City Plan (The City of Fort Collins Comprehensive Plan)
■ City of Fort Collins Master Street Plan
■ Fort Collins Infill Infrastructure Report
■ City of Fort Collins Master Transportation Plan
■ Mason Corridor Economic Study
■ Midtown Redevelopment Study
To do this, this Plan is intended to stimulate private sector development in and around
the Plan Area with a combination of private investment, Authority financing, and public
investment . The Plan will assist progress toward the following additional objectives :
■ To facilitate redevelopment and new development by private enterprise through
cooperation among developers and public agencies to plan , design , and build
needed improvements .
■ To address and remedy conditions in the area that impair or arrest the sound
growth of the City .
■ To implement the Comprehensive Plan and its related elements .
■ To redevelop and rehabilitate the area in a manner which is compatible with and
complementary to unique circumstances in the area .
■ To effectively utilize undeveloped and underdeveloped land .
MIDTOWN URBAN RENEWAL PLAN
10
■ To improve pedestrian , bicycle, vehicular and transit- related circulation and
safety .
■ To ultimately contribute to increased revenues for all taxing entities .
■ To encourage the voluntary rehabilitation of buildings, improvements and
conditions .
■ To facilitate the enforcement of the laws and regulations applicable to the Plan
Area .
■ To watch for market and /or project opportunities to eliminate blight, and when
such opportunities exist, to take action within the financial , legal and political
limits of the Authority to acquire land , demolish and remove structures, provide
relocation benefits, and pursue redevelopment, improvement and rehabilitation
projects .
4 . Authorized Urban Renewal Activities
To support progress toward the objectives, the Authority may undertake any of the
following renewal activities, as deemed appropriate for the elimination or prevention of
blight factors within the Plan Area , pursuant to the Urban Renewal Law :
Public Improvements and Facilities
The Authority may cause, finance or facilitate the design , installation , construction and
reconstruction of public improvements in the Plan Area . In order to promote the
effective utilization of undeveloped and underdeveloped land in the Plan Area , the
Authority may, among other things, enter into financial or other agreements with the
City of Fort Collins to provide the City with financial or other support in order to
encourage or cause the City to invest funds for the improvement of storm drainage,
street conditions and other infrastructure deficiencies in the Plan Area .
Cooperative Agreements
For the purposes of planning and implementing this Plan , the Authority may enter into
one or more cooperative agreements with the City or other public entities . Such
agreement may include provisions regarding project financing and implementation ;
design , location , construction of public improvements ; and any other matters required
to implement this Plan . Potential entities include but not limited to : Xcel Energy,
Qwest, Comcast, Poudre Valley Fire Authority, Poudre Valley Rural Electric Association
and Fort Collins - Loveland Water District .
Purchase of Property
In the event that the Authority finds it necessary to purchase any real property for an
urban renewal project to remedy blight factors pursuant to the Urban Renewal Law and
this Plan , the Authority may do so by any legal means available , including the exercise of
the power of eminent domain , pursuant to the Urban Renewal Law . If the power of
MIDTOWN URBAN RENEWAL PLAN
11
eminent domain is to be exercised for the purpose of transfer of property to another
private person or entity, the Authority' s decision whether to acquire the property
through eminent domain shall be guided by the following criteria , with the
understanding that these guidelines shall not be construed to constrain the Authority' s
legal ability to exercise the power of eminent domain :
■ All requirements of the Urban Renewal Law, including eminent domain
procedures , have been met .
■ Other possible alternatives have been thoroughly considered by the Authority .
■ Good faith negotiations by the Authority and/or the project developer have been
rejected by the property owner .
■ Reasonable efforts have been undertaken to : ( a ) understand and address the
property owner ' s position and his or her desires for the property and for any
existing business on the site, and ( b ) work with the owner to either include the
owner in project planning or purchase the property and relocate the owner in
accordance with the Urban Renewal Law on terms and conditions acceptable to
the owner .
Demolition , Clearance, Environmental Remediation , and Site Prep
The Authority may on a case - by-case basis, elect to demolish or to cooperate with
others to clear buildings, structures, and other improvements . Development activities
consistent with this Plan may require such demolition and clearance to eliminate
unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses
detrimental to the public welfare , and otherwise remove and prevent the spread of
deterioration .
Property Disposition
The Authority may sell , lease , or otherwise transfer real property or any interest in real
property subject to covenants, conditions and restrictions, including architectural and
design controls, time restrictions on development, and building requirements, as it
deems necessary to develop such property .
Redevelopment Agreements
The Authority may enter into redevelopment agreements with property owners or
developers in the Plan Area to facilitate participation and assistance that the Authority
may choose to provide to such owners or developers . These may include provisions
regarding project planning, public improvements, financing, design , and any other
matters allowed pursuant to the Urban Renewal Law .
Relocation Assistance
It is not expected that the activities of the Authority will displace any person , family, or
business . However, to the extent that in the future the Authority may purchase
MIDTOWN URBAN RENEWAL PLAN
12
property causing displacement of any person , family, or business, it shall develop a
relocation program to assist any such party in finding another location pursuant to the
Urban Renewal Law, and provide relocation benefits consistent with the Urban Renewal
Law . There shall be no displacement of any person or business without there being in
place a relocation program , which program shall become a part of this Plan when
adopted .
Hiring
The Authority may employ consultants, agents, and employees, permanent and
temporary, and it shall determine their qualifications, duties, and compensation .
Legal Authority
The Authority may also exercise all other powers given to it under the Urban Renewal
Law .
Catalyst and Enhancement Projects
Rehabilitation and redevelopment of the properties surrounding the Plan Area that will
continue to foster cleanup, preservation and redevelopment of nearby properties .
Additional public infrastructure, not limited to pedestrian amenities, enhanced
landscaping, public transportation improvements, public utilities, or public art and
architectural features as well as access to services, meeting facilities and shopping
options may also further redevelopment of the Plan Area .
5 . Development Standards and Procedures
All development within the Plan Area shall conform to the Land Use Code and any site
specific zoning regulations or policies which might impact properties, all as in effect and
as may be amended from time to time . While State statute authorizes the Authority to
undertake zoning and planning activities to regulate land use, maximum densities, and
building requirements in the Plan Area , the City will regulate land use and building
requirements through existing municipal codes and ordinances .
6 . Conformance
Urban Renewal Law
This Plan is in conformity with and subject to the applicable statutory requirements of
the Urban Renewal Law .
MIDTOWN URBAN RENEWAL PLAN
13
City Plan
The City' s adopted Comprehensive Plan , known as City Plan, describes desirable land
use and transportation patterns, with goals and policies for those topics along with
community appearance and design , the environment, open lands, housing, the
economy, and growth management .
Briefly summarized , the land use pattern envisioned by these plans for the Plan Area is a
commercial corridor well - integrated with surrounding development . The Plan Area is
envisioned to evolve with improved community design and streetscapes, in an
interconnected framework of streets and blocks . One of the purposes of this Plan is to
implement the vision for the Plan Area as a commercial corridor with mixed - use
residential improvements, as well as create a connection to the Mason Corridor for
improved transit circulation .
This Plan is intended to provide mechanisms to facilitate implementation of City Plan,
and therefore it is in direct conformance with City Plan . The following excerpts from
City Plan highlight the linkage between City Plan and this Urban Renewal Plan . These
are representative excerpts, and not an all - inclusive listing of relevant statements :
Principle EH 4: The City will encourage the redevelopment of strategic areas within the
community as defined in the Community and Neighborhood Livability and
Neighborhood Principles and Policies.
Policy EH 4. 1 : Prioritize Targeted Redevelopment Areas
Create and utilize strategies and plans, as described in the Community and
Neighborhood Livability and Neighborhood chapter' s Infill and Redevelopment section ,
to support redevelopment areas and prevent areas from becoming blighted . The
Targeted Infill and Redevelopment Areas ( depicted on Figure LIV 1 in the Community
and Neighborhood Livability chapter) shall be a priority for future development, capital
investment, and public incentives .
Policy EH 4. 2: Reduce Barriers to Infill Development and Redevelopment
Develop new policies and modify current policies, procedures, and practices to reduce
and resolve barriers to Infill development and redevelopment . Emphasize new policies
and modifications to existing policies that support a sustainable, flexible, and
predictable approach to infill development and redevelopment .
Policy LIV 5. 1 : Encourage Targeted Redevelopment and Infill
Encourage redevelopment and infill in Activity Centers and Targeted Infill and
Redevelopment Areas identified on the Targeted Infill and Redevelopment Areas Map .
The purpose of these areas is to :
MIDTOWN URBAN RENEWAL PLAN
14
■ Promote the revitalization of existing, underutilized commercial and industrial
areas .
■ Concentrate higher density housing and mixed - use development in locations
that are currently or will be served by high frequency transit in the future and
that can support higher levels of activity .
■ Channel development where it will be beneficial and can best improve access to
jobs, housing, and services with fewer and shorter auto trips .
■ Promote reinvestment in areas where infrastructure already exists .
■ Increase economic activity in the area to benefit existing residents and
businesses and , where necessary, provide the stimulus to redevelop .
Areas identified on the Targeted Infill and Redevelopment Areas Map are parts of the
city where general agreement exists that redevelopment and infill would be beneficial .
These areas are generally considered a priority for efforts to reduce barriers and
concentrate public investment in infrastructure . However, of the areas identified , the
"community spine" ( see Policy LIV 5 . 2 ) shall be the highest priority location for such
efforts . Areas not shown on the Targeted Infill and Redevelopment Areas map are not
excluded from redevelopment and infill activity, but are considered to be lower priority
or where activity is less likely to occur for other reasons .
Policy LIV 5. 2: Target Public Investment along the Community Spine
Together, many of the Targeted Redevelopment Areas and Activity Centers form the
"community spine " of the city along College Avenue and the Mason Corridor . The
"community spine" shall be considered the highest priority area for public investment in
streetscape and urban design improvements and other infrastructure upgrades to
support infill and redevelopment and to promote the corridor' s transition to a series of
transit-supportive, mixed - use activity centers over time . Established residential
neighborhoods adjacent to College Avenue and the Mason Corridor will be served by
improvements to the "community spine " over time, but are not intended to be targeted
for infill or redevelopment .
Policy LIV 5. 3: Policy LIV 5. 3 — Identify Additional Redevelopment and Infill Areas as
Appropriate
Utilize subarea plans to help designate areas for redevelopment and infill that are not
identified on the Targeted Infill and Redevelopment Areas Map . Within these plans,
support the development of appropriate design standards to protect the character of
neighborhoods and to ensure conformance with City Plan .
Principle LIV 34: General Commercial Districts will include a wide range of community
and regional uses, in various sizes and scales, designed for convenient access by all
modes of travel, efficient circulation, and a comfortable pedestrian environment.
Policy LIV 34. 2: Mix of Uses
MIDTOWN URBAN RENEWAL PLAN
15
Although many existing General Commercial Districts in the City consist of single - use
commercial centers today, the incorporation of a broader mix of uses is desirable over
time :
■ Principal uses: Retail , restaurants, office, and other commercial services .
■ Supporting uses: Entertainment, high -density residential , day care ( adult and
child ) , and other supporting uses .
Policy LIV 34. 3: Support the Revitalization of Existing Strip Commercial Corridor
Developments
Encourage and support the gradual evolution of existing, auto- oriented strip commercial
areas to a more compact, pedestrian and transit-oriented pattern of development over
time through infill and redevelopment . Establish enhanced walking connections
between destinations .
Principle LIV 35: Community Commercial Districts will be communitywide destinations
and hubs for a high frequency transit system. They will be quality mixed-use urban
activity centers that offer retail, offices, services, small civic uses, and higher density
housing, in an environment that promotes walking, bicycling, transit and ridesharing.
Policy LIV 35. 4: Transform through Infill and Redevelopment
Support the transformation of existing, underutilized Community Commercial Districts
through infill and redevelopment over time to more intense centers of activity that
include a mixture of land uses and activities, an enhanced appearance , and access to all
transportation modes .
Principle LIV 43: Enhanced Travel Corridors will be strategic and specialized
Transportation Corridors that contain amenities and designs that specifically promote
walking, the use of mass transit, and bicycling. Enhanced Travel Corridors will provide
high-frequency/high efficiency travel opportunities for all modes linking major activity
centers and districts in the city.
Policy LIV 43. 3: Support Transit-Supportive Development Patterns
Support the incorporation of higher intensity, transit-supportive development along
Enhanced Travel Corridors through infill and redevelopment . Encourage the densities
and broader mix of uses necessary to support walking, bicycling, and transit use while
accommodating efficient automobile use .
7 . Project Financing
Specific projects may be financed in whole or in part by the Authority, under the tax
increment financing (TIF ) provisions of CRS § 31 - 25 - 107 ( 9 ) ( a ) of the Urban Renewal Law,
or by any other available source of financing authorized to be undertaken by the
MIDTOWN URBAN RENEWAL PLAN
16
Authority pursuant to CRS § 31 - 25 - 105 of the Urban Renewal Law . The Authority is
authorized to :
■ Finance urban renewal projects within the Plan Area with revenues from
property tax increments, sales tax increments, interest income , federal loans or
grants, agreements with public, quasi - public or private parties and entities, loans
or advances from any other available source , and any other available sources of
revenue .
■ Issue bonds and incur other obligations contemplated by the Urban Renewal Law
in an amount sufficient to finance all or any part of a project within the Plan
Area .
■ Borrow funds and create indebtedness in any authorized form in carrying out
this Plan .
Any principal and interest on such indebtedness may be paid from property tax
increments, sales tax increments or any other funds, revenues, assets or properties
legally available to the Authority . Such methods may be combined to finance all or part
of the Plan activities .
Tax Increment Financing (TIF ) District Boundaries
If permissible by the Urban Renewal Law, the Authority is authorized to create TIF
districts within the Plan Area that can include , but are not limited to a single parcel or
multiple parcels for a qualified project . Accordingly, the Plan may be amended when
the TIF district is decided upon by the Authority, and incremental property tax and/or
sales tax revenues attributable to the redevelopment in the Plan Area to pay the
indebtedness incurred by the Authority . Reference Figure 2 for an example .
Property Tax Increment
A fund for financing projects may be accrued and used by the Authority under the
property tax allocation financing provisions of the Urban Renewal Law . Under this
method , property taxes levied after the effective date of the approval of this Plan upon
taxable property in the Plan Area each year by or for the benefit of any public body shall
be divided for a period not to exceed twenty-five ( 25 ) years after the effective date of
the adoption of the tax allocation provision , as follows :
Base Amount - That portion of the taxes which are produced by the levy at the rate fixed
each year by or for such public body upon the valuation for assessment of taxable
property in the Plan Area last certified prior to the effective date of approval of the Plan
or, as to an area later added to the Plan Area , the effective date of the modification of
the Plan , shall be paid into the funds of each such public body as are all other taxes
collected by or for said public body .
MIDTOWN URBAN RENEWAL PLAN
17
Increment amount - That portion of said property taxes in excess of such base amount
shall be allocated to and , when collected , paid into a special fund of the Authority to pay
the principal of, the interest on , and any premiums due in connection with the bonds of,
loans or advances to, or indebtedness incurred by ( whether funded , refunded , assumed
or otherwise ) the Authority for financing or refinancing, in whole or in part, a specific
project . Such increment amount shall also be used to pay for the Authority' s financial
obligations incurred in the implementation of this Plan .
Unless and until the total valuation for assessment of the taxable property in the Plan
Area exceeds the base valuation for assessment of the taxable property in the Plan Area ,
all of the taxes levied upon taxable property in the Plan Area shall be paid into the funds
of the respective public bodies .
In the event that there is a general reassessment of taxable property valuations in
Larimer County, which are subject to division of valuation for assessment between base
and increment, as provided above, the portions of valuations for assessment to be
allocated as provided above shall be proportionately adjusted in accordance with such
reassessment . Note that at the time of this Plan adoption , such a general reassessment
occurs every two years, in the odd - numbered years .
When such bonds, loans, advances, indebtedness, and financial obligations, including
interest thereon and any premiums due in connection therewith , have been paid , all
taxes upon the taxable property in the Plan Area shall be paid into the funds of the
respective public bodies .
Sales Tax Increment
The project may also be financed by the Authority under the sales tax allocation
financing provisions of the Urban Renewal Law . The act allows that upon the adoption
or amendment of an URP, sales taxes flowing to the City may be " frozen " at their
current level . The current level is established based on the previous twelve months
prior to the adoption of this Plan . Thereafter, the City can continue to receive this fixed
sales tax revenue . The Authority thereafter may receive all , or an agreed upon portion
of the additional sales taxes ( the increment ) which are generated above the base . The
Authority may use these incremental revenues to finance the issuance of bonds,
reimburse developers for public improvement costs, reimburse the City for public
improvement costs and pay off financial obligations and other debts incurred in the
administration of the URP . This increment is not an additional sales tax, but rather is a
portion of the established tax collected by the City, and the sales tax increment resulting
from redevelopment efforts and activities contemplated in this Plan .
Tax Increment Reimbursement
Tax increment revenues may be used to reimburse the City and/or a developer for costs
incurred for improvements related to a project to pay the debt incurred by the
MIDTOWN URBAN RENEWAL PLAN
18
Authority with such entities for urban renewal activities and purposes . Tax incremental
revenues may also be used to pay bonded indebtedness, financial obligations and debts
of the Authority related to urban renewal activities under this Plan .
8 . Modifications to the Plan
This Plan may be modified pursuant to requirements and procedures set forth in CRS
§ 31 - 25 - 107 of the Urban Renewal Law governing such modifications or amendments to
the extent such modifications or amendments do not conflict with the agreements .
Nothing herein shall be construed to require the Authority to first obtain the permission
of any party to an Agreement prior to amending or modifying this Plan .
9 . Reasonable Variations
The Authority shall have the ability to approve reasonable variations ( as determined by
the Board ) from the strict application of these Plan provisions, so long as such variations
reasonably accommodate the intent and purpose of this Plan and the Urban Renewal
Law . Plan provisions may be altered by market conditions, redevelopment opportunities
and/or the needs of the community affected by the Plan .
10 . Effective Date of the Plan
This plan shall be effective upon its final approval by the Fort Collins City Council . Except
as otherwise permitted under the Urban Renewal Law, the term of the TIF period is
twenty-five ( 25 ) years from the effective date of the Plan , unless the Authority deems,
to the extent consistent with the terms in the Agreements, that all activities to
accomplish the Project have been completed and all debts incurred to finance such
activities and all expenses of the Authority have been repaid . In that event, the
Authority may declare the Plan fully implemented .
MIDTOWN URBAN RENEWAL PLAN
19
Appendix A — Legal Description
DESCRIPTION OF THE MIDTOWN URBAN RENEWAL PLAN AREA
A tract of land located in Sections 23 , 241 251 261 35 and 36 of Township 7 North , Range
69 West and in Sections 1 and 2 of Township 6 North , Range 69 West, all of the Sixth
Principal Meridian , City of Fort Collins, Larimer County, Colorado, contained within the
following described area ;
Beginning at the center of South College Avenue with its intersection with the easterly
extension of the southerly right of way of Prospect Road , the TRUE POINT OF
BEGINNING of this description ; THENCE westerly along the said extended line and along
the said southerly right of way to the west line of the plat of "Griffin Plaza Subdivision " ;
THENCE southerly, westerly and southerly along the said west line to the southerly line
of the said plat of "Griffin Plaza Subdivision " ; THENCE easterly and southerly along the
said southerly line to the westerly right of way of the BNSF Railway; THENCE easterly
and radially to the said right of way to the easterly right of way of the BNSF Railway;
THENCE southerly along the said easterly right of way to the east west centerline of the
said Section 26; THENCE easterly along the said east west centerline and returning to
the said easterly right of way of the BNSF Railway; THENCE continuing southerly along
the said easterly right of way to the south line of the said Section 26 ; THENCE westerly
along the said south line and returning to the said easterly right of way of the BNSF
Railway; THENCE continuing southerly along the said easterly right of way to the north
line of the said Section 2 ; THENCE easterly along the said north line and returning to the
said easterly right of way of the BNSF Railway; THENCE continuing southerly along the
said easterly right of way to the north line of the plat of " George T . Sanders Co . P . U . D . " ;
THENCE easterly along the said north line to the westerly right of way of Fossil
Boulevard ; THENCE southerly along the said westerly right of way to the westerly
extension of the southerly right of way of West Fairway Lane ; THENCE easterly along the
said extended line and along the said southerly right of way, its easterly extension and
along the southerly right of way of Fairway Lane to the southerly extension of the east
line of the plat of " Replat Of A Part Of Fairway Estates" ; THENCE northerly along the said
extended line and along the said east line of the " Replat Of A Part Of Fairway Estates" ,
along the east line of the plat of " Replat Of A Part OF Lot 7, Lot 8, Lot 9, And A Part Of
Lot 10 Of the Replat Of A Part Of Fairway Estates" and continuing along the east line of
the said plat of " Replat Of A Part Of Fairway Estates" and its northerly extension to the
southwest corner of that certain tract of land as described in a Warranty Deed Recorded
April 2 , 2002 at Reception No . 2002038320 records of the Clerk and Recorder of the said
Larimer County; THENCE easterly along the southerly line of the said tract described at
Reception No . 2002038320 to the southwest corner of the plat of " Fort Collins
Supportive Housing Subdivision " ; THENCE easterly along the southerly line of the said
plat to the southeast corner of the said " Fort Collins Supportive Housing Subdivision " ;
THENCE northerly along the easterly line of the said plat to the southerly right of way of
MIDTOWN URBAN RENEWAL PLAN
20
East Harmony Road ; THENCE easterly along the said southerly right of way and its
easterly extension to the easterly right of way of Hogan Drive ; THENCE northerly to the
intersection of the northerly right of way of East Harmony Road with the easterly right
of way of John F . Kennedy Parkway; THENCE northerly along the said easterly right of
way of John F . Kennedy Parkway and along the easterly right of way' s extension through
intersecting side streets through the East Horsetooth Road right of way, to the southerly
line of Tract Nine as shown on the plat of "The Foothills Fashion Mall Expansion " ;
THENCE easterly along the southerly line of the said Tract Nine to the westerly right of
way of Stanford Road ; THENCE northerly along the said westerly right of way to the
northerly line of the plat of "The Foothills Fashion Mall Foley' s Expansion " ; THENCE
westerly along the said northerly line to the easterly line of Tract K of the plat of
"Southmoor Village Fifth Filing" ; THENCE southerly along the said easterly line of Tract K
to the southerly line of the said Tract K; THENCE westerly along the said southerly line to
the westerly line of the said Tract K; THENCE northerly along the said westerly line to
the northerly line of the said plat of "Southmoor Village Fifth Filing" ; THENCE westerly
along the said northerly line to the easterly line of Tract H of the said plat of
"Southmoor Village Fifth Filing" ; THENCE southerly along the said easterly line to the
southerly line of the said Tract H ; THENCE westerly along the southerly line of the said
Tract H to the southerly right of way of Remington Street as shown on the plat of "A
Replat Of Tracts F, G , And J , And Vacated Service Road , Southmoor Village Fifth Filing" ;
THENCE westerly along the said southerly right of way to the westerly right of way of
the said Remington Street; THENCE northerly along the said westerly right of way and
along the westerly right of way' s extension through intersecting side streets, to the
northerly right of way of Harvard Avenue ; THENCE easterly along the said northerly right
of way to the easterly line of Lot 13 of the plat of " Plat Of Thunderbird Estates Seventh
Filing" ; THENCE northerly along the easterly line of Lot 13 and its northerly extension to
the easterly line of the plat of "Thunderbird Estates Sixth Filing" ; THENCE northerly
along the said easterly line to the southerly line of Lot 3 of the said plat of "Thunderbird
Estates Sixth Filing" ; THENCE westerly along the said southerly line to the westerly line
of the said Lot 3 ; THENCE northerly along the said westerly line to the southerly right of
way of Drake Road ; THENCE westerly along the said southerly right of way to the
southerly extension of the easterly line of Lot 1 of the Plat of "The Resubdivision of Tract
A, South College Heights Fourth Subdivision " ; Thence northerly along the said southerly
extension and along the said easterly line of Lot 1 , to the southerly right of way of
Princeton Avenue ; Thence westerly along the said southerly right of way to the easterly
right of way of South College Avenue ; THENCE northerly along the said easterly right of
way and along the easterly right of way' s extension through intersecting side streets, to
the northerly right of way of Rutgers Avenue ; THENCE easterly along the said northerly
right of way to the easterly line of the " Rutgers Building Condominiums" ; THENCE
northerly along the said easterly line to the southerly line of the plat of " Raising Cane ' s" ;
THENCE easterly along the said southerly line to the easterly line of the said plat of
" Raising Cane' s" ; THENCE northerly along the said easterly line to the southerly line of
the plat of "A Replat of A Part of Tract 1, Replat of Block 2 and Lots 1 to 7 Inclusive of
MIDTOWN URBAN RENEWAL PLAN
21
Block 1 of the St . Vrain Subdivision " ; THENCE easterly along the said southerly line to
the westerly right of way of Remington Street; THENCE northerly along the said westerly
right of way to the southerly right of way of Spring Park Drive ; THENCE westerly along
the said southerly right of way to the southerly extension of the easterly line of the plat
of " Human Bean At Spring Creek" ; THENCE northerly along the said extended line and
along the said easterly line and along the easterly lines of Lots 1 through 7 of the plat of
" Moran ' s Subdivision " to the southerly right of way of East Stuart Street; THENCE
northerly to the northerly right of way of East Stuart Street and to the easterly line of
the West 180 feet of Lot 5 of the plat of " Maynard Subdivision " ; THENCE northerly along
the said easterly line to the northerly line of the said Lot 5 ; THENCE westerly along the
said northerly line to the easterly line of Lot 2 of the plat of "A Replat of Maynard
Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard
Subdivision " ; THENCE northerly along the said easterly line and along the easterly line of
Lot 1 of the said plat of "A Replat of Maynard Subdivision Being a Resubdivision of the
West 350 Feet of Lots 3 & 4 of Maynard Subdivision " to the northerly line of the said
plat of " A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of
Lots 3 & 4 of Maynard Subdivision " ; THENCE easterly along the said northerly line to the
easterly line of the west 240 feet of Lot 2 of the said plat of " Maynard Subdivision " ;
THENCE northerly along the said easterly line and its northerly extension to the
southerly line of the northerly 232 feet of the said plat of " Maynard Subdivision " ;
THENCE westerly along the said southerly line to the easterly line of the westerly 213
feet of Lots 14 and 1 of the said plat of " Maynard Subdivision " ; THENCE northerly along
the said easterly line and its northerly extension to the northerly right of way of Parker
Street; THENCE westerly along the said northerly right of way to the easterly right of
way of the north -south alley through Block 1 of the plat of " I . C . Bradley' s Addition To
The City Of Fort Collins" ; THENCE northerly along the said easterly alley right of way to
the southerly right of way of East Prospect Road ; THENCE westerly along the said
southerly right of way to the POINT OF BEGINNING .
Excepting there from all of the plat of "Amended Final Plat of Parkway Townhomes
P . U . D . "
All Plats referred to in the above described description are Plats of record with the Clerk
and Recorder of Larimer County .
I hear by state that the above description was prepared by me and is true and correct to
the best of my professional knowledge belief and opinion . The above described tract is
based upon previously recorded plats and deeds and not upon an actual field survey .
Wallace C . Muscott
Colorado P . L . S . 17497
PO Box 580
Fort Collins, CO 80525 April 20, 2011
MIDTOWN URBAN RENEWAL PLAN
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Appendix 6 — Legal Description
DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT — PROSPECT SOUTH
A tract of land located in Sections 23 and 24 of Township 7 North , Range 69 West West
of the Sixth Principal Meridian , City of Fort Collins, Larimer County, Colorado, contained
within the following described area ;
Beginning at the center of South College Avenue with its intersection with the easterly
extension of the southerly right of way of Prospect Road , the TRUE POINT OF
BEGINNING of this description ; THENCE westerly along the said extended line and along
the said southerly right of way to the west line of the plat of "Griffin Plaza Subdivision " ;
THENCE southerly, westerly and southerly along the said west line to the southerly line
of the said plat of "Griffin Plaza Subdivision " ; THENCE easterly and southerly along the
said southerly line to the westerly right of way of the BNSF Railway; THENCE easterly
and radially to the said right of way to the easterly right of way of the BNSF Railway;
THENCE southerly along the said easterly right of way to the northerly line of the plat of
" Whole Foods Center" ; THENCE easterly along the said northerly line to the westerly
line of Tract " E " of the plat of " University Shopping Center" ; THENCE southerly along the
said westerly line to the southerly line of the said Tract " E" ; THENCE easterly along the
said southerly line to the westerly right of way of South College Avenue ; THENCE
easterly to the intersection of the easterly right of way of South College Avenue with the
northerly right of way of Rutgers Avenue ; THENCE easterly along the said northerly
right of way to the easterly line of the " Rutgers Building Condominiums" ; THENCE
northerly along the said easterly line to the southerly line of the plat of " Raising Cane ' s" ;
THENCE easterly along the said southerly line to the easterly line of the said plat of
" Raising Cane' s" ; THENCE northerly along the said easterly line to the southerly line of
the plat of "A Replat of A Part of Tract 1 , Replat of Block 2 and Lots 1 to 7 Inclusive of
Block 1 of the St . Wain Subdivision " ; THENCE easterly along the said southerly line to
the westerly right of way of Remington Street; THENCE northerly along the said westerly
right of way to the southerly right of way of Spring Park Drive ; THENCE westerly along
the said southerly right of way to the southerly extension of the easterly line of the plat
of " Human Bean At Spring Creek" ; THENCE northerly along the said extended line and
along the said easterly line and along the easterly lines of Lots 1 through 7 of the plat of
" Moran ' s Subdivision " to the southerly right of way of East Stuart Street; THENCE
northerly to the northerly right of way of East Stuart Street and to the easterly line of
the West 180 feet of Lot 5 of the plat of " Maynard Subdivision " ; THENCE northerly along
the said easterly line to the northerly line of the said Lot 5 ; THENCE westerly along the
said northerly line to the easterly line of Lot 2 of the plat of "A Replat of Maynard
Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard
Subdivision " ; THENCE northerly along the said easterly line and along the easterly line of
Lot 1 of the said plat of "A Replat of Maynard Subdivision Being a Resubdivision of the
West 350 Feet of Lots 3 & 4 of Maynard Subdivision " to the northerly line of the said
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plat of " A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of
Lots 3 & 4 of Maynard Subdivision " , THENCE easterly along the said northerly line to the
easterly line of the west 240 feet of Lot 2 of the said plat of " Maynard Subdivision " ;
THENCE northerly along the said easterly line and its northerly extension to the
southerly line of the northerly 232 feet of the said plat of " Maynard Subdivision " ;
THENCE westerly along the said southerly line to the easterly line of the westerly 213
feet of Lots 14 and 1 of the said plat of " Maynard Subdivision " ; THENCE northerly along
the said easterly line and its northerly extension to the northerly right of way of Parker
Street; THENCE westerly along the said northerly right of way to the easterly right of
way of the north -south alley through Block 1 of the plat of " I . C . Bradley' s Addition To
The City Of Fort Collins" ; THENCE northerly along the said easterly alley right of way to
the southerly right of way of East Prospect Road ; THENCE westerly along the said
southerly right of way to the POINT OF BEGINNING .
All Plats referred to in the above described description are Plats of record with the Clerk
and Recorder of Larimer County .
I hear by state that the above description was prepared by me and is true and correct to
the best of my professional knowledge belief and opinion . The above described tract is
based upon previously recorded plats and deeds and not upon an actual field survey .
Wallace C . Muscott
Colorado P . L . S . 17497
PO Box 580
Fort Collins, CO 80525 April 20, 2011
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