HomeMy WebLinkAbout2007-014-02/20/2007-SUBMITTING THE AMENDED NORTH COLLEGE AVENUE URBAN RENEWAL PLAN TO THE PLANNING AND ZONING BOARD, THE RESOLUTION 2007-014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING THE AMENDED NORTH COLLEGE AVENUE
URBAN RENEWAL PLAN 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, by Resolution 2004- 152, made findings and approved the Urban Renewal
Plan for the North College Avenue Corridor; and
WHEREAS , the eastern edge of the North College Avenue Urban Renewal Plan is presently
established at Redwood Street but, following additional public discussion among interested citizens
and City staff, it has become apparent to the Council that the expansion of the North College Avenue
Urban Renewal Plan area eastward to the realignment of Lemay Avenue may be in the best interest
of the City because the expansion would include undeveloped property generally centered on the
proposed realignment of Vine Drive between Conifer Street and existing Vine Drive ; and
WHEREAS , the City Council has determined that this proposed expansion should be
submitted to the Planning and Zoning Board for its advice and recommendation regarding the
propriety thereof and should also be submitted to the Larimer County Board of Commissions and
the Poudre School District Board of Education in accordance with the requirements of the provisions
of Colorado Revised Statute Section 31 -25 - 107 .
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 proposed amended North College Avenue Urban Renewal Plan (the "Plan") , in substantially
the form attached hereto as Exhibit "A", shall be promptly submitted by the City Manager to the
City ' s Planning and Zoning Board, the Poudre School District Board of Education and the Larimer
County Board of Commissioners with specific instructions to the Planning and Zoning Board to
review the proposed amended Plan and give written recommendations to the Council within thirty
days after receipt of the proposed amended Plan, specifically and solely as to whether or not the
proposed Plan complies 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 updates of, the proposed
amended Plan, so as to ensure compliance with the requirements of the Colorado Urban Renewal
Law.
Passed and adopted at a regular meeting of the Co ci of the City of Fort Coilingthis 20th
day of February, A.D. 2007.
i
Mayor
ATTEST:
e
City Clerk
EXHIBIT "A"
DRAFT AMENDED
North College Avenue
Urban Renewal Plan
City of Fort Collins
Prepared for:
City of Fort Collins and
Fort Collins Urban Renewal Authority
Amended February 14 2007
North College Avenue Urban Renewal Plan
Table of Contents
1. Preface and Intent ......................................................................................... 3
2. Finding of "Blight" ........................................................................................ 5
3. Plan Objectives.............................................................................................. 6
4. Renewal Activities......................................................................................... 6
5. Development Standards and Procedures.................................................... 8
6. Conformance .................................................................................................. 8
UrbanRenewal Law...........................................................................................................8
CityPlan.............................................................................................................................8
7. Project Financing .......................................................................................... 9
PropertyTax Increment...................................................................................................10
Sales Tax Increment..........................................................................
Tax Increment Reimbursement..........................................................................10
8. Plan Advisory Group................................................................................... 11
9. Modifications to the Plan ............................................................................ 11
10. Reasonable Variations .............................................................................. 11
North College Avenue Urban Renewal Plan 2
1 . Preface and Intent
The North College Avenue Corridor Renewal Plan (Plan) is an Urban Renewal Plan prepared for the
Fort Collins Urban Renewal Authority (Authority) and the City of Foil: 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 North College Corridor area, located in the City of Fort Collins, Larimer
County, Colorado.
The boundary of the area to which this Plan applies generally includes properties along North College
Avenue and along the planned realignment of Vine Drive extending east to Lemay Avenue. The area is
generally bounded by:
The Cache La Poudre River on the south,
the Larimer-Weld Canal on the north,
an irregular line generally about a quarter mile from North College Avenue on the west,
and irregular line generally extending to Redwood Street about a half one-quarter to one mile from
North College Avenue on the east.
The plan area is depicted on the Boundary Map on the following page. A legal description of the area is
attached hereto as Appendix A.
North College Avenue Urban Renewal Plan S
2. Finding of "Blight"
Based on the evidence presented at a public hearing, and in the North College Avenue Existing
Conditions Study, dated September 29, 2004, a copy of which is attached hereto as Appendix "B" the
City Council, by Resolution 2004-118, made a finding that the Renewal Area was "blighted" as defined
by the Urban Renewal Law, by the existence of the following ten factors:
• slum, deteriorated, or deteriorating structures;
' predominance of defective or inadequate street layout;
' faulty lot layout in relation to size, adequacy, accessibility, or use
■ unsanitary or unsafe conditions;
■ deterioration of site or other improvements;
■ unusual topography or inadequate public improvements or utilities
■ the existence of conditions that endanger life or property by fire or other causes;
• 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;
' environmental contamination of buildings or property;
■ the existence of health, safety, or welfare factors requiring high levels of municipal services or
substantial physical underutilization or vacancy of sites, buildings, or other improvements
The City Council also found that these factors, taken together, substantially impair the sound growth of
the City, constitute an economic and social liability, and are a menace to the public heath, safety and
welfare of the community. Based on evidence of the"blighted" factors, the Renewal Area is appropriate
for authorized activities of the Authority pursuant to the Urban Renewal Law.
Colorado's Urban Renewal Law requires that City Council find the presence of certain factors in an area
proposed for designation as an Urban Renewal Plan area, prior to adoption of a Plan. Initial
reconnaissance of the Downtown area has been conducted, and discussions have been held with City
Departments that have extensive experience with conditions in the area. Based on this preliminary
investigation, a number of factors are evident in the proposed Plan area:
' slum, deteriorated, or deteriorating structures;
' unsanitary or unsafe conditions;
• deterioration of site or other improvements;
• unusual topography or inadequate public improvements or utilities;
• Defective or unusual conditions of title rendering the title nonmarketable;
• 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;
■ 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
This Plan reflects a finding by City Council that these factors, taken together, substantially impair the
sound growth of the City, constitute an economic and social liability, and are a menace to the public
heath, safety and welfare of the community. Based on evidence of the "blight" factors, the Downtown
Urban Renewal Plan Area is appropriate for authorized activities of the Authority pursuant to the Urban
Renewal Law.
North College Avenue Urban Renewal Plan 5
3. Plan Objectives
The overall objective of this Plan is to remedy blight and prevent the spread of blight by assisting
implementation of the relevant provisions contained in the following documents:
• North College Avenue Corridor Plan
• North College Avenue Access Management Plan
• City of Fort Collins Master Street Plan
• Fort Collins Inf:ll Infrastructure Report
• City Plan (The City of Fort Collins Comprehensive Plan)
• City of Fort Collins Master Transportation Plan
• Dry Creek Drainage Basin Master Plan
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 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 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
North College Avenue Urban Renewal Plan 6
City to invest funds for the improvement of storm drainage and street conditions and deficiencies
in the Renewal Area.
b. Purchase of Property. In the event that the Authority finds it necessary to purchase any real
property for an urban renewal project to remedy blight factors pursuant to the Urban Renewal
Law and this Plan, the Authority may do so by any legal means available, including the exercise
of the power of eminent domain, pursuant to the Urban Renewal Law. If the power of eminent
domain is to be exercised for the purpose of transfer of property to another private person or
entity, the Authority's decision whether to acquire the property through eminent domain shall be
guided by the following criteria, with the understanding that these guidelines shall not be
construed to constrain the Authority's legal ability to exercise the power of eminent domain:
■ all requirements of the Urban Renewal Law, including eminent domain
procedures, have been met;
■ other possible alternatives have been thoroughly considered by the Authority;
■ good faith negotiations by the Authority and/or the project developer have been
rejected by the property owner;
■ reasonable efforts have been undertaken to: (a) understand and address the
property owner's position and his or her desires for the property and for any
existing business on the site, and (b) work with the owner to either include the
owner in project planning or purchase the property and relocate the owner in
accordance with the Urban Renewal Law on terms and conditions acceptable to
the owner.
c. Demolition. The Authority may provide for the demolition of existing development and
clearance of sites as part of specific projects.
d. Participation Agreements. The Authority may enter into participation agreements with property
owners or developers in the renewal area to facilitate participation and assistance that the
Authority may choose to provide to such owners or developers. These may include provisions
regarding project planning, public improvements, financing, design, and any other matters
allowed pursuant to the Urban Renewal Law.
e. Relocation Assistance. It is not expected that the activities of the Authority will displace any
person, family, or business. However, to the extent that in the future the Authority may purchase
property causing displacement of any person, family, or business, it shall develop a relocation
program to assist any such party in finding another location pursuant to the Urban Renewal Law,
and provide relocation benefits consistent with the Urban Renewal Law. There shall be no
displacement of any person or business without there being in place a relocation program, which
program shall become a part of this Plan when adopted.
f. Hiring. The Authority may employ consultants, agents, and employees, permanent and
temporary, and it shall determine their qualifications, duties, and compensation.
g. Legal Authority. The Authority may also exercise all other powers given to it under the Urban
Renewal Law.
North College Avenue urban Renewal Plan 7
5. Development Standards and Procedures
Development within the Renewal Area shall be designed and processed. in accordance with the City of
Fort Collins Land Use Code and other applicable standards, in the City's standard development review
procedures.
6. Conformance
URBAN RENEWAL LAW
This Plan is in conformity with and subject to the applicable statutory requirements of the Urban
Renewal Law.
CITY PLAN
The City's adopted Comprehensive Plan, known as City Plan, describes desirable land use and
transportation patterns, with goals and policies for those topics along with community appearance and
design, the environment, open lands, housing, the economy, and growth management. In addition, the
adopted North College Avenue Corridor Plan is a related Element of City Plan.
Briefly summarized, the land use pattern envisioned by these plans for the Renewal Area is a
commercial corridor well-integrated with surrounding mixed-use and residential 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 evolving to be safer, more attractive, and
economically healthy with new mixed-use residential areas nearby tied directly to the heart of the
corridor along a proposed realignment of Vine Drive.
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. SEE FIGURE GM-8.
■ Policy GM-8.1 Targeted RedevelopmenUInfdl. 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 exists that development or
redevelopment is beneficial. A major goal is to increase economic activity in the area to benefit existing
residents and businesses and, where necessary, provide the stimulus to redevelop. These areas should be
defined from City Plan, Subarea Plans, Zoning and locational criteria such as:
a. Underutilized land
North College Avenue Urban Renewal Plan 8
b. Areas already undergoing positive change, which :is expected to continue
C. Areas where infrastructure capacity exists
d. Areas where public investment is warranted from a policy perspective
e. Areas with special opportunities, such as where major public or private
investment is already planned
f. Transportation opportunities:
• Along travel corridors
• Along enhanced travel corridors
■ Policy GM-8.4 Remedy Infrastructure Deficiencies. The City will consider opportunities to
selectively correct infrastructure deficiencies in targeted areas, such as storm drainage and streets, so
that infill development or redevelopment does not pay an infrastructure "penalty" to remedy past
problems in existing developed areas.
■ Policy GM-8.5 Public Investment.
The City will consider opportunities, and the costs and benefits for targeted public investment in order to
encourage redevelopment and infill development in appropriate locations.
■ Policy ECON-1.5 Maintain and Expand City Revenue Base. The City will ensure that
commercial uses that generate the sales and use tax revenues which support the City's financial base are
maintained and expanded. The City will also explore other options to expand and diversify its revenue
base, including targeted annexations of existing commercial corridors, such as the Mulberry Corridor, as
well as revenue sharing agreements with other communities.
a. The City will assist in identifying and preserving key undeveloped parcels in
appropriate locations for additional commercial activity.
b. The City will seek to strengthen existing commercial districts, such as the
Downtown, North College, Campus West, and the Foothills Mall.
C. The City will seek to maintain and enhance its attractiveness as a place to do
business in order to maintain its share of the region's sales and use tax base.
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
North College Avenue Urban Renewal Plan 9
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 ACTIVITIESPROPERTY 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.
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 ma use these incremental revenues to finance the issuance of bonds,
North College Avenue Urban Renewal Plan 10
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 be used to pay bonded
indebtedness, financial obligations and debts of the Authority related to urban renewal activities under
this Plan.
8. Plan Advisory Group
To help tailor implementation of this Plan to unique circumstances in the area, a citizen advisory group
shall be formed with strong representation of owners in the North College: Corridor area to render advice
to the URA Board of Commissioners (Board). Furthermore, to ensure effective communication, this
Plan recommends that the group include one or two members from City Council and a member from the
Planning and Zoning Board. The intent of this Plan is for URA Board of Commissioners to consult with
the Advisory Group on all significant actions and decisions of the Authority regarding this Plan.
9. Modifications to the Plan
This Plan may be modified pursuant to requirements and procedures set faith in CRS §31-25-107 of the
Urban Renewal Law governing such modifications.
10. 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.
North College Avenue Urban Renewal Plan ��
Appendix A - Legal Description
DESCRIPTION OF THE BOUNDARY OF THE NORTH COLLEGE URBAN RENEWAL PLAN
AREA
North College Avenue urban Renewal Plan 12