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HomeMy WebLinkAbout2008-099-10/21/2008-SUBMITTING THE EXISTING CONDITIONS STUDY AND URBAN RENEWAL PLAN FOR THE PROSPECT SOUTH AREA TO THE P RESOLUTION 2008-099 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING THE EXISTING CONDITIONS STUDY AND URBAN RENEWAL PLAN FOR THE PROSPECT SOUTH AREA TO THE PLANNING AND ZONING BOARD, THE LARIMER COUNTY BOARD OF COMMISSIONERS AND THE POUDRE SCHOOL DISTRICT BOARD OF EDUCATION WHEREAS, the Council of the City of Fort Collins has heretofore established an Urban Renewal Authority and, on July 15, 2008, authorized and directed City staff to prepare an Existing Conditions Study (a/k/a `Blight Study") and the Urban Renewal Plan for the Prospect South area; and WHEREAS, in response to Council's direction, the staff has worked with URS Corporation to develop the Existing Conditions Study and Urban Renewal Plan for the Prospect South area, which Existing Conditions Study and Urban Renewal Plan are required, pursuant to Colorado Revised Statute 31-25-107, to be submitted to the City's Planning and Zoning Board, the Poudre School District Board of Education, and the Larimer County Board of Commissioners; and WHEREAS,the Council has determined that the Existing Conditions Study and proposed Urban Renewal Plan for the Prospect South area should be submitted to the aforesaid boards in accordance with law; and WHEREAS, on November 20, 2008, the staff of the City will submit the Prospect South Urban Renewal Plan to the Planning and Zoning Board for its advice and recommendation regarding the propriety thereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That in accordance with Section 31-25-107 of the Colorado Revised Statutes, the Existing Conditions Study and Urban Renewal Plan for the Prospect South area, attached hereto as Exhibits "A" and "B" respectively, shall be promptly submitted by the City Manager to the City's Planning and Zoning Board and the Poudre School District Board of Education with specific instructions to the Planning and Zoning Board to review the Existing Conditions Study and Urban Renewal Plan and give written recommendations to the Council within thirty days after the receipt of the proposed study and plan, specifically and solely as to whether or not the Existing Conditions Study and the Urban Renewal Plan comply with the City's Comprehensive Plan (City Plan). Section 2. That the City Manager is hereby authorized to submit to the Planning and Zoning Board, the Poudre School District Board of Education and the Larimer County Board of Commissioners any impact reports or substantive amendments to, or upgrades of, the Urban Renewal Plan, so as to ensure compliance with the requirements of the Colorado Urban Renewal law. Passed and adopted at a regular meetin2of he cil of the City of Fort C lins this 21st day of October A.D. 2008. r Mayor ATTEST: City Clerk w r •` EXHIBIT A IL to IoA kit j� 1101C ¢1 •s _ y POOL altuquil" to oto uf?A PROSPECT SOUTH EXISTING CONDITIONS STUDY PREPARED FOR THE CITY OF FORT COLLINS URBAN RENEWAL AUTHORITY AND THE CITY OF FORT COLLINS ❑ C TO BE R 200 B * -._ J PROSPECT SOUTH EXISTING CONDITIONS STUDY Cuy dFrt Cdlm. Table of Contents 1 .0 Introduction ..................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. . . . . . . . . . . 1 1 . 1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 L2 Colorado Urban Renewal Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 . 3 Study Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.0 Project Area Analysis .......................... . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. . . . . . . 3 2 . 1 Study Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .2 Field Survey Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 .3 Blight Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 .4 Results of the Field Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3.0 Summary of Findings and Conclusions ................................................................................... .. 14 3 . 1 Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 .2 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 List of Exhibits Exhibit 2- 1 Study Area Boundary Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Exhibit2-2 Vicinity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Exhibit 3 - 1 Photograph Reference Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Exhibit 3 -2 Field Survey Photograph Index Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 List of Tables Table2- 1 Field Survey Matrix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Table 2-2 Municipal Code Violations in the Study Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Table 3- 1 Field Survey Photograph Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 List of Figures Figure2- 1 Faulty Lot Layout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Appendices Appendix A Sources Consulted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i AppendixB Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii Appendix C Field Survey Photographs (Bound Separately) Prospect South Existing Conditions Study 1 . 0 Introduction This report presents the conditions survey analysis, findings and conclusions for the Prospect South Existing Conditions Study ("Study"), which was undertaken by URS for the Fort Collins Urban Renewal Authority (URA) and the City of Fort Collins under an Agreement for Professional Services, dated August 29, 2008 . URS conducted the Study in September 2008 . 1 . 1 Purpose The purpose of this study is to determine whether the Prospect South Study Area ("Study Area") constitutes a "blighted area" within the meaning of Colorado Urban Renewal Law, and whether the Study Area should be recommended for such urban renewal efforts as the Fort Collins Urban Renewal Authority and the City of Fort Collins may deem appropriate to remediate existing conditions and to prevent further deterioration. 1 .2 Colorado Urban Renewal Law In the Colorado Urban Renewal Law, Colorado Revised Statutes § 31 -25- 101 et seq. (the "Urban Renewal Law"), the legislature has declared that an area of blight "constitutes a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general and municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and statewide concern . . . .". Before remedial action can be taken by a public agency, however, the Urban Renewal Law requires a finding by the appropriate governing body that an area constitutes a blighted area. The determination that an area constitutes a blighted area depends upon the presence of several physical, environmental, and social factors . Indeed, blight is attributable to a multiplicity of conditions, which, in combination, tend to accelerate the phenomenon of deterioration of an area. For purposes of the study, the definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows : "Blighted area " means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; 1 October 2008 Prospect South Existing Conditions Study g. Defective or unusual conditions of title rendering the title non-marketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; or k. 5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or 1. 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 ofsuch property in an urban renewal area, "blighted area " also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k. 5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion ofsuch property in the urban renewal area does not mean that the owner has waived any rights ofsuch owner in connection with laws governing condemnation. To be able to use the powers of eminent domain "blighted" means that five of the eleven factors must be present (Colorado Revised Statutes § 31 -25- 105 . 5(2)(a)(I)) : (a) 'Blighted area " shall have the same meaning as set forth in section 31 -25-103 (2); except that, for purposes of this section only, "blighted area " means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2) (a) to (2) (l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. Several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of "blighted area contained in the Urban Renewal Law is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." Tracy v. City of Boulder, 635 P.2d 907, 909 (Colo . Ct. App . 1981 ) . Second, the presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not on a building-by-building basis. Interstate Trust Building Co. v. Denver Urban Renewal Authority, 473 P .2d 978, 981 (Colo . 1970) . 2 October 2008 Prospect South Existing Conditions Study Third, a governing body' s "determination as to whether an area is blighted. . . is a legislative question and the scope of review by the judiciary is restricted." Tracy, 635 P .2d at 909. A court ' s role in reviewing such a blight determination is simply to independently verify if the conclusion is based upon factual evidence determined by the City Council at the time of a public hearing to be consistent with the statutory definition. 1 . 3 Study Methodology URS was retained by the Fort Collins Urban Renewal Authority to perform an independent survey of the Study Area and to determine if it qualifies as a blighted area under the Urban Renewal Law. Based upon the conditions observed in the field, this Study will provide an opinion as to whether the Study Area is blighted within the meaning of the Urban Renewal Law. The actual determination itself remains the responsibility of the legislative body, in this case, the Fort Collins City Council. An important objective of this study is to obtain and evaluate data on a wide range of physical and non- physical conditions that are present in the Study Area. Data about the Study Area were collected, analyzed, and ultimately portrayed through three carefully performed tasks : • Task 1 : Project Initiation, Data Collection and Mapping • Task 2 : Field Survey, Research and Verification • Task 3 : Documentation and Presentation of Findings Tasks 1 and 2 are described in Section 2, Study Area Analysis. Task 3 is described in Section 3 , Summary of Findings . 2 . 0 Study Area Analysis 2 . 1 Study Area The Study Area is comprised of approximately 125 acres on 85 parcels of private property, in addition to public right-of-way (ROW) . Exhibit 2- 1 delineates the Study Area boundary, and correlates with respective City of Fort Collins and Larimer County Assessor' s parcel data. Exhibit 2-2 shows the Study Area and surrounding vicinity, entirely within the City of Fort Collins boundaries. 3 October 2008 Prospect South Existing Conditions Study Exhibit 2-1 : Study Area Boundaries ;,,�.,, ,W' PROSPECT ;- RD E PROSPECT It big r big1! loll ° ,t UA bIt ,CD 1z « r7MKIM ' . 1`.L7,�.,bi d IY,Ci IY71 I— , 1» . I . I�f lam. Fert . . 4 RARKER5T_ - .� ! _ 1' �-CR apl l �F7 r `� q r l imp LL 94 l » low I,a 1 : . .t o w ►sill'�y ` s film 7� ' y of E;SjTUAFIRS T l .�,b, I m IL1 iy ,. bb 4 . 0 CP Mn 'JOHNSON DR= JSRRING' PARIC R - FJ URI I r, I,w i ,^ ib / . (n ZOO to %7f kl 1.7 ii: P '1� ;•I j �c , , "" I 1 - r- • I� _ �, 4 ! ` -� I _ Q♦ ' ! * '01 . XRUTGERS .AVE Exhibit 2 = 1 : Study Area Boundary Map Prospect South Study Area 0 75 150 300 450 600 URS Feet 4 October 2008 Prospect South Existing Conditions Study Exhibit 2-2 : Vicinity Map JA ��'� NPN j' f b ' Y .' f� �,�Laurel Wal" N — ���ON Colorado�S'at0 Univenmy NN _� in Jj � �yy L ,� id p '. ,141 la "M - p,!! ` r Deis."P1 H 1 c ! ' •� • ,.w -` I' Al iNO I rospec, " - 1iPt RdS i23: .0 , a4::. 'i � - � ' r lan tea . , •!^ �•�\ • _ if .. '� 1 .:�CL� �. r SNNN Pnnq'Cree,� - r - = SPrin9 Creek � �•� .. r. �;/ ': bw ANT :NM Tr : of _ e �ati:• �-_ l t�, •+' " Ir_ ' 4 ,3ww 1 c 'if 9w• �� a �iiYYYY "'. 4 -T . ., y . . �. .. � r [y� L 'O � - l 1� �9M11" ' VN lot F Drake T��i C'��� . ` ` . '. 1 , .fir ` • Exhibit 2 =2 : Vicinity Map Prospect South Study Area 0 625 2 8 Fixed watercourse ® FEMAfloodway MEN !I Feet 5 October 2008 Prospect South Existing Conditions Study 2 .2 Field Survey Approach A physical survey was conducted during a site visit on September 9, 2008 . The survey team walked the entire site, took photographs and notes, as existing conditions of blight were observed. The survey resulted in field observations of six of the blight factors described in Section 1 . Each observation was tallied on a survey matrix and documented with a photograph. The field survey information is provided in a number of formats in Section 2 : • Locations of the observations and photographs are documented on an aerial photo, as shown on Exhibit 3 - 1 . • An index of photographs is provided as Exhibit 3 -2, and each individual photograph is printed in larger format in the appendix. • The survey observations are described on a photo-reference matrix included as Table 3 - 1 . 2 . 3 Blight Factor Evaluation Criteria The field survey team reviewed the eleven blight factors found in the Colorado Revised Statute definition of blight as described in Section 1 . The team observed the following six factors in the Study Area (the examination of structural elements was limited to a visual inspection of conditions and not a detailed engineering or architectural analysis) : • Slum, deteriorated or deteriorating structures • Defective or inadequate street layout • Faulty lot layout • Unsanitary or unsafe conditions • Deterioration of site or other improvements • Unusual topography or inadequate public improvements or utilities Listed below are the criteria that URS used in the field survey to evaluate the blight factors . 2.3. 1 Slum, Deteriorating or Deteriorated Structures Field survey efforts examining this factor focused on the general condition and level of deterioration of the existing buildings ' exterior components, such as : • Exterior walls • Visible foundation • Exterior finishes • Fascia and soffits • Gutters and downspouts • Windows and doors • Exterior stairways and fire escapes • Loading dock areas • Fences, walls, and gates • Ancillary structures 6 October 2008 Prospect South Existing Conditions Study Structural integrity and/or environmental factors were not considered. The intent of this portion of the field survey was to identify observable physical conditions of neglect, disrepair, and/or deterioration in the exterior of the structures found within the Study Area. 2.3.2 Defective or Inadequate Street Layout The analysis conducted for this blight factor evaluated the effectiveness or adequacy of the streets that surround and/or penetrate the Study Area. Evaluation criteria for this factor include: • Poor vehicular access • Poor internal circulation • Substandard driveway or curb cut definition • Poor parking lot layout The transportation related deficiencies were evaluated during the field survey. 2.3.3 Faulty Lot Layout The following parcel conditions can hinder successful redevelopment and reduce a parcels usefulness and/or desirability: • Faulty lot shape • Faulty lot layout • Inadequate lot size Instances of these conditions were discovered through analysis of parcel data and aerial photography. 2.3.4 Unsanitary or Unsafe Conditions The presence of the following conditions are indicative of an environment that can be unsanitary and/or unsafe: • Poorly lit or unlit areas • Cracked or uneven surfaces for pedestrians • Poor drainage • Insufficient grading or steep slopes • Presence of trash, debris, or weeds • Presence of abandoned vehicles • Presence of vagrants, vandalism, or graffiti Instances of these conditions were evaluated through field observations . 2.3.5 Deterioration of Site or Other Improvements This factor focuses on conditions that indicate the lack of general maintenance of a structure, site, or through the presence of these conditions, create an environment that reduces the market desirability. The conditions are as follows : • Presence of billboards • Deterioration of signage • Neglected properties • Unscreened trash or mechanical equipment 7 October 2008 Prospect South Existing Conditions Study • Parking surface deterioration • Site maintenance problems • Lack of landscaping This factor was evaluated through field observations . 2.3.6 Unusual Topography or Inadequate Public Improvements or Utilities This section identifies unique topographic conditions and key deficiencies in the public infrastructure system serving the Study Area, including: • Unusual topography/floodplain • Deterioration of street pavement • Deterioration of curb and gutter • Insufficient street lighting • Presence of overhead utilities • Lack of sidewalks These conditions were observed during the field survey and noted during the review of floodplain maps . 2 .4 Results of the Field Survey The overall findings of the field survey are presented in this section. Table 2- 1 on the following page tabulates the results according to the criteria described in Section 2 . 3 . Observations of physical conditions found in the Study Area contributed to our recommendation that the Fort Collins City Council make a finding of blight. 8 October 2008 Prospect South Existing Conditions Study Table 2-1 : Field Survey Matrix CITY OF FORT COLLINS FORT COLLINS URBAN RENEWAL AUTHORITY PROSPECT SOUTH EXISTING CONDITIONS STUDY Deteriorated External Walls • Deteriorated Visible Foundation Deteriorated Fascia/Soffits • SLUM Deteriorated Gutters/ Downspouts • , DETERIORATED OR Deteriorated Exterior Finishes • DETERIORATING Deteriorated Windows and Doors • STRUCTURES Deteriorated Stairways/ Fire Escapes • Deteriorated Loading Dock Areas • Deteriorated Fences/Walls/ Gates • Deteriorated Ancillary Structures • Poor Vehicle Access • DEFECTIVE OR Poor Internal Circulation • INADEQUATE STREET LAYOUT Substandard Driveway Definition/Curbcuts • Poor Parking Lot Layout • Faulty Lot Shape FAULTY LOT Faulty Lot Layout • LAYOUT Inadequate Lot Size Poorly Lit or Unlit Areas Cracked or Uneven Surfaces for Pedestrians • UNSANITARY OR Poor Drainage • UNSAFE Insufficient Grading/Steep Slopes • CONDITIONS Trash/ Debris/Weeds • Abandoned Vehicles lVagrants/Vandalism/Graffiti • Presence of Billboards • Deterioration of Signage • DETERIORATION Neglected Properties • OF SITE OR OTHER Unscreened Trash/ Mechanical • IMPROVEMENTS Parking Surface Deterioration • Site Maintenance Problems • Lack of Landscapinq • Unusual Topography/ Flood plain • UNUSUAL Deterioration of Street Pavement • TOPOGRAPHY OR Deterioration of Curb and Gutter • INADEQUATE PUBLIC Insufficient Street Lighting IMPROVEMENTS Presence of Overhead Utilities • Lack of Sidewalks • TOTAL 31 • Physical Condition Observed 9 October 2008 Prospect South Existing Conditions Study 2.4. 1 Slum, Deteriorating or Deteriorated Structures Buildings within the Study Area show signs of deterioration and poor maintenance and/or damage. These deteriorated building components include broken windows, worn and cracked fascia treatments, crumbling external stairwells, and deterioration of ancillary structures. 2.4.2 Defective or Inadequate Street Layout Examples of defective street layout were observed throughout the Study Area, specifically along S . College Avenue where frequent curb cuts for vehicular access pose a particular threat to pedestrian safety, and present a unique set of automobile maneuvering challenges. There are instances where three or four access points connect to S . College Avenue within a 200-foot span. Additionally, throughout the Study Area, parking lot layouts exist where vehicles are backing out directly into traffic or into pedestrian walkways. 2.4.3 Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness The Study Area contains individual lots that either have poor vehicular access, contain buildings that span property lines, or are inadequately sized. There are six parcels with three buildings crossing the property boundary. Five parcels do not have direct access to S . College Avenue, on the east, and are further constrained by the Burlington Northern Santa Fe (BNSF) Railroad, to the west. Strict Federal regulatory requirements related to the BNSF railway embankment lead to difficulties and high costs for modifying the floodplain to allow for redevelopment of the west portion of the Study Area. Figure 2- 1 on the following page highlights the faulty lots as described in this section. 2.4.4 Unsanitary or Unsafe Conditions Evidence of unsanitary and unsafe conditions was found throughout the Study Area. Observations of graffiti, trash and debris, and poor drainage circumstances can often lead to unsafe and unsanitary conditions for pedestrians and vehicular traffic. Uneven and cracked surfaces for pedestrians pose a significant risk for injury, especially at night. 2.4.5 Deterioration of Site or Other Improvements Many instances of deterioration of site and other improvements were observed. Trash dumpsters and mechanical equipment are unscreened throughout the Study Area. A number of properties show signs of general neglect and poor maintenance, and landscaping is sparse throughout. There are further site maintenance problems as described in the Field Survey Photo-Reference Table, provided as Table 3 - 1 . 2.4.6 Unusual Topography or Inadequate Public Improvements or Utilities The presence of fixed water courses (Spring Creek and Sherwood Lateral) impedes efficient planning of the southern portion of the Study Area. A large portion of the Study Area is within the 100-year floodplain and floodway. The Study Area also includes a steep slope running east-west through the southern portion of the site. At the crest of the slope there is a ditch that traverses the Study Area. These factors make redevelopment of the site more difficult and costly. Additionally, deteriorated street pavement and curb and gutter were observed throughout the Study Area. Not only does this create a hazard for vehicular travel, but can also prove dangerous and frustrating while using sidewalks, 10 October 2008 Prospect South Existing Conditions Study particularly for people pushing strollers and for the disabled. Sidewalks are impassable or nonexistent in certain areas, thus compromising the overall pedestrian network. The presence of overhead utilities within the Study Area creates a cluttered, unappealing environment as well as a potential hazard during a significant storm event. ;1 �f && . • A. M. .•EON ,tl . �11kk _ �W'PROSPECT?RDA' . + . EIRRO'SPEC�T 'RDy �' 1 �Ell00 At low - awl AZ a ' O H f PA_RKERS.T '_, jMA&- . fit = * a ' - LO ` `1 ; .. MX � Nam,' .. al ; of .� •� ei.wfz � i . , 60 UJ wl' E p � �� I U !. L—!� if �F J • I7 '10*t ' ftI Co IA �SP,RING PARK DR 1 'r 1 , vl1 "Ask was *�.�L14 � 1 AR�T1fUR DR Y t 1 Von I In ! ;` f `z ` » .Ai I - y ' to !R11 Ui IRUTGE .AVE RS Figure 2-1 : The highlighted lots exhibit inadequate layout in regard to accessibility and the presence of buildings spanning lot lines. 11 October 2008 Prospect South Existing Conditions Study 2.4.7 Additional Considerations The team collected and analyzed information related to the Study Area, in a number of categories, including streetscape, traffic, crime reporting, etc . Following is a brief analysis of these conditions, which represent potential barriers or factors which need to be addressed by redevelopment. Streetscape Streetscape infrastructure includes sidewalks, streetlights and landscaping. It was the field survey team' s observation that the Study Area is not well served with pedestrian infrastructure, with the exception of the Spring Creek Trail. On-street sidewalks are attached to the street, with little or no landscaping, are very narrow (especially considering they are adjacent a busy State Highway), and are not consistently present. Internal parking lot landscaping is not consistently provided and maintained. Traffic The team reviewed February, 2007 traffic counts on S . College Avenue between W. Prospect Road and Rutgers Avenue. There were approximately 2,600 vehicle trips on S. College Ave. , during the morning and evening commutes. There were 655 vehicle trips per day that enter S . College Avenue from Stuart Street. According to the Fort Collins Transportation Master Plan 2004, S . College Avenue functions at a Level of Service (LOS) F (high level of congestion) as it approaches E. Prospect Road. North of E. Prospect Road and south of Parker Street, S . College Avenue functions at LOS D or E (growing amount of congestion) . According to the Mason Corridor Mason Express Bus Rapid Transit Environmental Assessment, May 2008 the intersection of Prospect Road and College Avenue operated at a LOS D during the PM Peak in 2005 , and is projected to perform at LOS E or F by 2035 . Stormwater There is a lack of sufficient stormwater management facilities (in the form of curb and gutter, underground channels and culverts), and those that exist are either undersized or in need of replacement. The existing facilities were constructed to a more rural standard (i. e. rely on surface rather than underground storm drains) . The stormwater runoff has deteriorated the paved areas, which creates hazards for pedestrian and vehicle traffic . According to City staff, during the winter months these areas freeze creating additional hazards. Currently, there is one stormwater pipe within the Study Area that carries the "low flow" of Spring Creek and the City does not have any stormwater facility improvement projects planned for the Study Area. 12 October 2008 Prospect South Existing Conditions Study Municipal Code Violations The City of Fort Collins Neighborhood Services Department issues citations for violations of the municipal code related to the misuse of property. These citations are typically related to illegal parking, outdoor storage/rubbish, un-shoveled sidewalks, smoking, etc. Since 1999, there have been 69 code violations recorded in the Study Area. Table 2-2 below is a tabulation of those citations : Table 2-2 : Prospect South Municipal Code Violations 1999-2008 Code Violation 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 TOTAL Weeds 11 9 8 5 4 1 1 3 7 6 55 Rubbish - 2 1 2 - - - - - - 5 Combination 2 2 _ _ _ _ _ 1 5 Weeds/ Rubbish Inoperable Vehicle - - 2 2 TOTAL 11 13 1 13 1 9 1 4 1 1 1 1 1 3 1 7 17 69 13 October 2008 Prospect South Existing Conditions Study 3 . 0 Summary of Findings and Conclusions 3 . 1 Findings Within the Study Area, there were 31 different physical conditions observed within the six factors described in Section 2, in addition to the other conditions discussed in Section 2 .4.2. The following conditions are indicative of blight within the Study Area. Specific examples of these conditions can be found in Exhibit 2-5 : Field Survey Photograph Index Sheet. • Deteriorated external walls • Neglected properties • Deteriorated fascia/soffits • Unscreened trash/mechanical • Deteriorated windows and doors • Parking surface deterioration • Deteriorated gutters/downspouts • Site maintenance problems • Deteriorated exterior finishes • Lack of landscaping • Deteriorated stairways/fire escapes • Deterioration of street pavement • Deteriorated loading dock areas • Deterioration of curb and gutter • Deteriorated fences/walls/gates • Presence of overhead utilities • Deteriorated ancillary structures • Lack of sidewalks • Cracked or uneven surfaces for pedestrians • Substandard driveway definition/curb cuts • Poor drainage • Poor internal circulation • Insufficient grading/steep slopes • Poor parking lot layout • Trash/debris/weeds • Faulty lot layout • Vagrants/vandalism/graffiti • Floodplain • Presence of billboards • Poor vehicle access • Deterioration of signage 3 . 2 Conclusions It is the conclusion of the Prospect South Existing Conditions Study ("Study") that the Study Area, in its present condition and use, is a blighted area as defined by Colorado Urban Renewal Law, Colorado Revised Statutes § 31 -25- 101 et seq. (the "Urban Renewal Law") . By reason of the presence of factors identified in the Urban Renewal Law and as documented in this report, URS is of the opinion that the Study Area substantially impairs or arrests the sound growth of the City of Fort Collins, retards the provision of housing accommodations, constitutes an economic or social liability, and is a menace to the public health, safety, morals and welfare. While there are properties within the Study Area that may be found in good condition, deteriorated and substandard conditions are prevalent throughout the Study Area. Further, temporary measures would be unlikely to effect a long-term remediation of these conditions. Per Urban Renewal Law, conditions in the Study Area must constitute at least four of the factors indicative of a blighted area. As described in this report, the following six factors were observed in the Study Area: 14 October 2008 Prospect South Existing Conditions Study • Slum, deteriorating, or deteriorated structures • Faulty lot layout • Defective or inadequate street layout • Unsanitary or unsafe conditions • Deterioration of site or other improvements • Unusual topography or inadequate public improvements or utilities Based on the results of this Study and URS ' past experience conducting similar studies, the Study Area is a clear-cut example of a blighted area, as defined by Urban Renewal Law. Furthermore, there are other conditions within and surrounding the Study Area, which present potential barriers or factors which need to be addressed by redevelopment: • Lack of streetscape infrastructure • Poor Level of Service along S . College Avenue • Inadequate stormwater drainage facilities • Municipal code violations The following pages document the photographic evidence of conditions observed during the field survey. Exhibit 3 - 1 shows the location each photograph was taken, Table 3 - 1 identifies which criteria were observed for each photograph, and Exhibit 3 -2 is an index of all photographs taken during the field survey. The same photographs are included in a larger format as Appendix C (bound separately). 15 October 2008 Prospect South Existing Conditions Study Exhibit 3-1 : Field Survey Photograph Reference Map isak REOf.RD E OSPECTR16 of 1^3 �y -yr •--1�' 0 r 1me 4 �' �•��i on 1 sl lip r w it 6z : � 1ZZ_� Z , low, 2T o14 31 10 1 to � *KER- T ' 3732 33 � � 1 11 pPAM to m =, - -- 010. oil :� E�SJTUAq T 2" �+�.. Irim .1 ssl!46 14 L n 4 49 t48 N w 1 LALL 1 II •• , 1 . .II 1.-. r .4 'Z' II'I w4 7* I I 'd r..� Li -11 M . 1111L _ A '',,11 JOHNSON 'DR! 56 - �,, t �,r� SP, RING PARK DR oil WW 52 1 Ir • 1' 1 . AV �AR'TH R DR _ ►62 ' 60 I73 s59 '+61 1 LI,7,74 _ MOU r T ilow 71 rev C " Cow ,'/� i` 658671 I 1 .11 16A IsisY rRUTGERS Exhibit 3 - 1 : Photograph Reference Map 25 Photograph Reference Number V iW U 75 150 300 450 600 Prospect South Study Area r „U; E) 16 October 2008 Prospect South Existing Conditions Study Table 3-1 : Field Survey Photograph Reference Table CITY OF FORT COLLINS Photograph Number FORT COLLINS URBAN RENEWAL AUTHORITY PROSPECT SOUTH EXISTING CONDITIONS STUDY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Deteriorated External Walls • Deteriorated Visible Foundation Deteriorated Fascia/Soffits • SLUM Deteriorated Gutters/Downspouts , DETERIORATED OR Deteriorated Exterior Finishes • • DETERIORATING Deteriorated Windows and Doors • • STRUCTURES Deteriorated Stairways/Fire Escapes • Deteriorated Loading Dock Areas Deteriorated Fences/Walls/Gates • Deteriorated Ancillary Structures • Poor Vehicle Access • INADEQUATEE DEFECTIVE Poor Internal Circulation STREET LAYOUT Substandard Driveway Definition/Curbcuts Poor Parking Lot Layout • Poorly Lit or Unlit Areas Cracked or Uneven Surfaces for Pedestrians • UNSANITARY OR Poor Drainage • • • • UNSAFE Insufficient Grading/Steep Slopes CONDITIONS Trash/Debris/Weeds • Abandoned Vehicles Va rants/Vandalism/Graffiti • • Presence of Billboards • Deterioration of Signage • DETERIORATION Neglected Properties OF SITE OR OTHER Unscreened Trash/Mechanical • • • • IMPROVEMENTS Parking Surface Deterioration • • • Site Maintenance Problems • Lack of Landscaping • Unusual Topography/Floodplain UNUSUAL Deterioration of Street Pavement TOPOGRAPHY OR Deterioration of Curb and Gutter INADEQUATE PUBLIC Insufficient Street Lighting IMPROVEMENTS Presence of Overhead Utilities Lack of Sidewalks • • Physical Condition Observed 17 October 2008 Prospect South Existing Conditions Study Table 3-1 : Field Survey Photograph Reference Table (continued) CITY OF FORT COLLINS Photograph Number FORT COLLINS URBAN RENEWAL AUTHORITY PROSPECT SOUTH EXISTING CONDITIONS STUDY 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Deteriorated External Walls Deteriorated Visible Foundation Deteriorated Fascia/Soffits SLUM Deteriorated Gutters/Downspouts • , DETERIORATED OR Deteriorated Exterior Finishes DETERIORATING Deteriorated Windows and Doors • • STRUCTURES Deteriorated Stairways/Fire Escapes • Deteriorated Loading Dock Areas • Deteriorated Fences/Walls/Gates • Deteriorated Ancillary Structures 144,44, 1 • • Poor Vehicle Access INADEQUATEE • DEFECTIVE Poor Internal Circulation • STREET LAYOUT Substandard Driveway Definition/Curbcuts • Poor Parking Lot Layout • • Poorly Lit or Unlit Areas Cracked or Uneven Surfaces for Pedestrians • UNSANITARY OR Poor Drainage UNSAFE Insufficient Grading/Steep Slopes CONDITIONS Trash/Debris/Weeds • • • Abandoned Vehicles Va rants/Vandalism/Graffiti • Presence of Billboards Deterioration of Signage • • DETERIORATION Neglected Properties • OF SITE OR OTHER Unscreened Trash/Mechanical IMPROVEMENTS Parkin Surface Deterioration • Site Maintenance Problems Lack of Landscaping • Unusual Topography/Flood plain • UNUSUAL Deterioration of Street Pavement • TOPOGRAPHY OR Deterioration of Curb and Gutter • • INADEQUATEInsufficient Street Lighting PUBLICC IMPROVEMENTS Presence of Overhead Utilities • Lack of Sidewalks • Physical Condition Observed 18 October 2008 Prospect South Existing Conditions Study Table 3-1 : Field Survey Photograph Reference Table (continued) CITY OF FORT COLLINS Photograph Number FORT COLLINS URBAN RENEWAL AUTHORITY PROSPECT SOUTH EXISTING CONDITIONS STUDY 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Deteriorated External Walls Deteriorated Visible Foundation Deteriorated Fascia/Soffits • • SLUM, Deteriorated Gutters/Downspouts • DETERIORATED OR Deteriorated Exterior Finishes • • • DETERIORATING Deteriorated Windows and Doors • STRUCTURES Deteriorated Stairways/Fire Escapes Deteriorated Loading Dock Areas Deteriorated Fences/Walls/Gates Deteriorated Ancillary Structures Poor Vehicle Access INADEQUATEE DEFECTIVE Poor Internal Circulation STREET LAYOUT Substandard Driveway Definition/Curbcuts • • Poor Parking Lot Layout • • Poorly Lit or Unlit Areas Cracked or Uneven Surfaces for Pedestrians • UNSANITARY OR Poor Drainage • UNSAFE Insufficient Grading/Steep Slopes • • CONDITIONS Trash/Debris/Weeds • • • • • • Abandoned Vehicles Va rants/Vandalism/Graffiti • • • • Presence of Billboards Deterioration ofSignage • • • DETERIORATION Neglected Properties • • OF SITE OR OTHER Unscreened Trash/Mechanical • • IMPROVEMENTS Parking Surface Deterioration • • Site Maintenance Problems • Lack of Landscaping Unusual Topography/Flood plain • • UNUSUAL Deterioration of Street Pavement TOPOGRAPHY OR Deterioration of Curb and Gutter • INADEQUATEInsufficient Street Lighting PUBLICIC IMPROVEMENTS Presence of Overhead Utilities Lack of Sidewalks • • Physical Condition Observed 19 October 2008 Prospect South Existing Conditions Study Exhibit 3-2 : Field Survey Photograph Index Sheet N d 1 .JPG 2 .JPG 3.JPG 4.JPG 5.JPG T 6 .JPG 7 .JPG 8 .JPG 9.JPG 1 O.JPG 11 .JPG 12 .JPG 13 .JPG 14 . JPG 1 S . JPCG r l' � 16.JPG 17.JPG 18 .JPG 19 .JPG 20.JPG LL �` _ . . ► 21 .JPG 22 .JPG 23 .JPG ?4. JPG 25 .JPG 20 October 2008 Prospect South Existing Conditions Study Exhibit 3-2 : Field Survey Photograph Index Sheet (continued) fi 7U_ 26 .JPG 2 7 .JPG 2 S . JPG 29.JPG 30.JPG J' Y P� .Milz i 1 .JPG 32.JPG 33 .JPG 34 .JPG 35 .JPG AL IF 36 .JPG 37.JPG 38 .JPG 39 .JPG 40.JPG 41 .JPG 42 .JPG 43 .JPG 44 .JPG 45 .JPG 46.JPG 47.JPG 48 .JPG 49 .JPG 50 .JPG 21 October 2008 Prospect South Existing Conditions Study Exhibit 3-2 : Field Survey Photograph Index Sheet (continued) 51 .JPG 52 .JPG 53 .JPG 54-JPG 5 5 . J PG 56.JPG 57 JPG 58 .JPG 59 .JPG 60. J1'G ,fir r I 14 61 .JPG 62 .JPG 63 .JPG 64 .JPG 65 .JPG 66.JPG 67 .JPG 68 .JPG 69.JPG 70.JPG ? I ..1PG 73 . JPG 73 .JPG 74 .J11G 75 . 11)0 22 October 2008 PROSPECT SOUTH EXISTING CONDITIONS STUDY Cuy dFrt Cdlm. Appendix A Sources Consulted 1 . State of Colorado Statutes Urban Renewal Law § 31 -25- 101 http ://www, state .co,us/gov_dir/leg_dir/olls/colorado_revised_statutes .htm 2 . City of Fort Collins website http ://www. fcgov. com 3 . Zoning information found at http ://www. colocode. com/ftcollins/landuse/begin.htm 4 . Crime statistics found at http ://www. fcgov.com/police/crime-map.php 5 . Final Report, Mason Corridor Economic Analysis, Fort Collins . Prepared by Economic & Planning Systems, Inc . , December 28 , 2007, EPS # 17830 . 6 . Fort Collins Transportation Master Plan 2004. Prepared by PBS&J, February 2004 . 7 . Mason Corridor Mason Express Bus Rapid Transit Environmental Assessment, Prepared by the City of Fort Collins for the Federal Transit Administration, May 2008 . i October 2008 PROSPECT SOUTH EXISTING CONDITIONS STUDY Cuy dFrt Cdlm. Appendix B Contacts Christina Vincent, MCP Steve Gilcrest Advanced Planning Traffic Operations Urban Renewal Authority City of Fort Collins City of Fort Collins TrafficOperations@fcgov. org 970-416-2294 cvincent@fcgov.com Ginny Sawyer Neighborhood Services Dwight Dufloth City of Fort Collins Ray Fisher 970-224-6070 Utilities Administration gsawyer@fcgov.com City of Fort Collins 970-221 -6700 Denise Weston 970-221 -6233 Transportation Planning Department City of Fort Collins Brian Varrella dweston@fcgov.com Stormwater and Drainage City of Fort Collins Tim Morales 970-416-2217 GIS Programmer/Analyst barrella@fcgov.com City of Fort Collins 970-416-2728 Glen Schlueter tmorales@fcgov. com Utilities- Stormwater City of Fort Collins 970-224-6065 gschlueter@fcgov. com Matthew Wempe Transportation Planning City of Fort Collins 970-224-6058 mwempe@fcgov.com ii October 2008 I � I i 40 e1;k [ � . . .. r No r i alai EAST TUFTS AVE , , y Y 'i ■ E N V E R 0 ■ SO � t EXHIBIT " B " PROSPECT SOUTH Urban Renewal Plan 1 � City of 9 [air Fort Collins fcgov . com renewfortcollins . com Prospect South Urban Renewal Plan ,..aCCitrt y of ollins Prepared for : City of Fort Collins and Fort Collins Urban Renewal Authority October 14 , 2008 Prepared By : Fort Collins Urban Renewal Authority Contact information : Tel : ( 970 ) 221 - 6376 Email : aplanning a) fcgov . com Web : www . renewfortcollins . com Prospect South Urban Renewal Plan 1 Table of Contents 1 . Preface and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Preface Background Public Participation Description of the study area Map of the study area 2 . Finding of " Blight " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 . Plan Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 . Renewal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 . Development Standards and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 . Conformance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 UrbanRenewal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CityPlan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 . Project Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Property Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Sales Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Tax Increment Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 . Modifications to the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 . Reasonable Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Appendix A = Legal Description Appendix B = Existing Conditions Study Prospect South Urban Renewal Plan 2 1 . Preface and Intent Preface : The Prospect South 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 Prospect South area , located in the City of Fort Collins , Larimer County , Colorado . Background : 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 unfavorable existing conditions and prevent further deterioration , and accomplish the City' s development objectives for improving the viability of the commercial corridor . The driving interest in the establishment of this Plan is to begin offering tax increment financing 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 area . Development and redevelopment in the area is anticipated to occur incrementally over a substantial period of time , with the potential for URA financing to provide the impetus and means to undertake this redevelopment at a faster pace than might occur otherwise . The Plan effort was originated in response to a development proposal in this area . The development plan indicated a need for public financial assistance due to the high cost of redevelopment along the commercial corridor. Public Participation : 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 and its general scope . Prospect South Urban Renewal Plan 3 Meetings were held before the Planning and Zoning Board and City Council in the Fall of 2008 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 study area : The Study Area is approximately 125 acres with 85 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 zoned C-commercial . The Study Area or plan area is depicted on the Boundary Map on the following page . A legal description of the area is attached hereto as Appendix A . Prospect South Urban Renewal Plan 4 i� ♦i V ali� _ aiW'PROSPEC-TERD� . EIRRO'SPEGriT RDA " -. 1411,00 rip 41, a KIWI and ���A111IB by RKER w Vag PA oil I� 1 I , I . •1 , all t 1 t owI � 1 � , JS � #; r g ar-�-� .r .fie► W F E;SJUAR+TIST . all 1Jug . 1 ' ! .1 •III 11 , N T ' m—aaar � y 4 y Ila aI IJOHNSON DR.- , tSP, RINGPARKCD - - F- it -11 III , r�_ � y a r LA tva 0111 IF Uj � J 00 - - ILLr���I a � i— -MIl_ rRUTGERS .AVE A Exhibit 2 = 1 : Study Area Boundary Map Prospect South Study Area 0 75 150 300 450 600 URS Feet Prospect South Urban Renewal Plan 5 Based on the evidence presented at a public hearing , and in the Prospect South Existing Conditions Study , dated September 29 , 2008 , a copy of which is attached hereto as Appendix " B " the City Council , by Resolution , 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 ; ■ predominance of defective or inadequate street layout ; ■ faulty lot layout in relation to size , adequacy , accessibility , or usefulness ; ■ unsanitary or unsafe conditions ; ■ deterioration of site or other improvements ; ■ unusual topography or inadequate public improvements or utilities . 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 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 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 ■ Drainage Basin Master Plan : Spring Creek Basin To do this , this Plan is intended to stimulate private sector development in and around the Renewal Area . A combination of private investment , Authority financing , and public investment 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 ■ To improve pedestrian , bicycle , and vehicular and transit- related circulation and safety Prospect South Urban Renewal Plan 6 ■ 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 Renewal 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 . 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 , street conditions and other 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 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 . Prospect South Urban Renewal Plan 7 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 . 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 . 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 commercial corridor well - integrated with surrounding development . The Renewal 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 Renewal Area as a commercial corridor with mixed - use residential improvements as well as create a connection to the Mason Corridor for improved transit circulation . Prospect South Urban Renewal Plan 8 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 GM -8 . 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 are parts of the city where general agreement exist 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 . Prospect South Urban Renewal Plan 9 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 . 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 . Prospect South 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 . 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 Authority with such entities for urban renewal activities and purposes . Tax incremental revenues may also Prospect South Urban Renewal Plan 11 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 . 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 . Prospect South Urban Renewal Plan 12 Appendix A - Legal Description DESCRIPTION OF THE PROSPECT SOUTH URBAN RENEWAL AREA The Prospect South Urban Renewal Area is located in Sections 23 and 24 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 intersection of the easterly extension of the southerly Right of Way of West Prospect Road with the east line of the Northeast Quarter of the said Section 23 , the said intersection is also the TRUE POINT OF BEGINNING OF THIS DESCRIPTION ; THENCE westerly along the said extended line and along the said southerly Right of Way of West Prospect Road , and its westerly extensions , to the easterly Right of Way of Tamasag Drive ; THENCE southerly along the said easterly Right of Way of Tamasag Drive to the southerly line of Lot 10 of the Plat of Griffin Plaza ; Thence easterly along the said southerly line of Lot 10 , to the westerly Right of Way of the Burlington Northern Railroad ; THENCE southerly along the said westerly Right of Way of the Burlington Northern Railroad to a point that is perpendicular with the said westerly Right of Way to the angle point in the westerly line of Lot 17 of Spring court Subdivision ; Thence easterly along the said perpendicular line to the easterly Right of Way of the said Burlington Northern Railroad , and the said angle point in the westerly line of Lot 17 ; THENCE leaving the said Railroad Right of Way , and proceeding southerly along the said westerly line of Lot 17 , to the southerly line of the said Lot 17 and to the southerly line of the said Plat of Spring Court Subdivision ; THENCE easterly along the said southerly line of the Plat of Spring Court Subdivision and its easterly extension , to the easterly Right of Way of South College Avenue ; THENCE northerly along the said easterly Right of Way of South College Avenue , and its northerly extensions , to the centerline of Parker Street ; THENCE easterly along the said centerline of Parker Street to the southerly extension of the easterly Right of Way of the north -south alley connecting East Prospect Road and Parker Street lying between South College Avenue and Remington Street ; 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 , and its westerly extension to the said east line of the Northeast Quarter of the said Section 23 THENCE along the said east line to the Point of Beginning . Prospect South Urban Renewal Plan 13