HomeMy WebLinkAbout2020-013-01/21/2020-APPROVING THE COLLEGE AND DRAKE URBAN RENEWAL PLAN AND MAKING FINDINGS IN SUPPORT OF THAT APPROVALCollege and Drake
Urban Renewal Plan
Prepared for:
City of Fort Collins and
Fort Collins Urban Renewal Authority
Prepared by:
Economic & Planning Systems, Inc.
January 6, 2020
EPS #173061
EXHIBIT A
Table of Contents
1. INTRODUCTION .................................................................................................... 1
2. BLIGHT CONDITIONS ............................................................................................. 4
3. PLAN GOALS AND CONFORMANCE ............................................................................... 6
Plan Goals and Objectives ........................................................................................ 6
Plan Conformance ................................................................................................... 7
4. AUTHORIZED URBAN RENEWAL POWERS ..................................................................... 10
Public Improvements and Facilities .......................................................................... 10
Cooperative Agreements ........................................................................................ 10
Purchase of Property ............................................................................................. 10
Demolition, Clearance, Environmental Remediation, and Site Preparation ...................... 11
Property Disposition .............................................................................................. 11
Redevelopment Agreements ................................................................................... 11
Relocation Assistance ............................................................................................ 11
Hiring .................................................................................................................. 12
Legal Authority ..................................................................................................... 12
Catalyst and Enhancement Projects ......................................................................... 12
5. ANTICIPATED URBAN RENEWAL ACTIVITIES ................................................................. 13
Private Project Investments .................................................................................... 13
Public Improvement Priorities ................................................................................. 17
6. PROJECT FINANCING ............................................................................................ 18
Property Tax Increment Financing ........................................................................... 19
Sales Tax Increment Financing ............................................................................... 25
Tax Increment Reimbursements .............................................................................. 29
7. MODIFICATIONS TO THE PLAN ................................................................................. 30
8. SEVERABILITY AND REASONABLE VARIATIONS .............................................................. 31
9. EFFECTIVE DATE OF THE PLAN................................................................................. 32
List of Tables
Table 1 Proposed Grocery-Anchored Development Summary (August 2018) .................... 14
Table 2 Proposed Mixed-Use Development Summary (August 2018) ............................... 15
Table 3 Plan Area Existing and Estimated Property Tax Values ....................................... 21
Table 4 Property Tax Increment Revenues by Taxing District ......................................... 22
Table 5 Estimated Taxable Sales ................................................................................ 27
Table 6 Estimated Sales Tax Revenue ......................................................................... 28
List of Figures
Figure 1 College and Drake Urban Renewal Plan Area and TIF Area .................................... 3
Figure 2 Proposed Mixed-Use Development Concept Plan (August 2018) ........................... 16
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1. INTRODUCTION
The College and Drake Urban Renewal Plan (“Plan”) is an urban renewal plan prepared for the
Fort Collins Urban Renewal Authority (“Authority”) and the City of Fort Collins (“City”), pursuant
to the provisions of the Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq., as in effect on
the date of approval of this Plan (“Urban Renewal Law”). Unless otherwise stated, terms used in
this Plan have the same meaning as in the Urban Renewal Law.
The jurisdictional boundaries of the Authority are the same as the boundaries of the City. Within
the City boundaries there may be one or more urban renewal plan areas. This Plan describes the
framework for certain public undertakings and activities constituting an urban renewal project
(“Project”) under the Urban Renewal Law in the College and Drake Urban Renewal Plan Area as
legally described in Appendix A and depicted in Figure 1 of this Plan (“Plan Area”).
This Plan was prepared for adoption by the Fort Collins City Council (the “City Council”) in
recognition that the Plan Area requires a coordinated, cooperative strategy, with financing
possibilities, to eliminate unfavorable existing conditions and prevent further deterioration and
blight. This Plan intends to accomplish the City’s development objectives for improving the
overall condition of this area by creation of the Plan Area.
The principal goal in the establishment of this Plan is to enable the use of tax increment financing
(“TIF”) as a tool to stimulate and leverage both public and private sector development, including
redevelopment, to help remedy adverse conditions and prevent the spread of further
deterioration and blight. It is the intent of this Plan for any development projects and other
implementation actions to be done in a responsive manner, with full consideration for interests
and concerns of property owners in the Plan Area. This Plan effort originated in response to two
proposals for private development in the Plan Area. While these two projects are anticipated to
occur in the near term, additional development and redevelopment may occur incrementally over
a period of time, with the potential for the Authority to engage in additional redevelopment
activities at a faster pace than might occur otherwise.
The Plan has been made available to City of Fort Collins residents. Input was solicited from area
residents, property owners, 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 Plan Area stating the following: time, date, place, and
a description of the Plan and its general scope.
Meetings were held before the Planning and Zoning Board and the Authority’s Board in Fall 2018
to receive comments and input on this Plan. To the extent provided by the Colorado Open
Records Act and pursuant to policies adopted by the Authority, project plans and proposals will
be made available to the public.
Description of the Plan Area
The Plan Area is approximately 30 acres and contains 13 parcels, including right-of-way. The City
of Fort Collins Structure Plan identifies this area as a General Commercial District. The City of
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Fort Collins Zoning Map indicates this area is zoned as a General Commercial District and is also
in a Transit-Oriented Development Overlay Zone.
The boundary of the Plan Area to which this Plan applies generally includes those properties
located within the area bounded by:
South College Avenue to the east;
West Thunderbird Drive to the south;
McClelland Drive to the west; and
The north exterior wall of the vacant K-Mart property to the north.
The Plan Area is depicted on the Boundary Map in Figure 1 on the following page. A legal
description of the area is attached as Appendix A.
Description of the Tax Increment Financing Area
The College and Drake Tax TIF Area has the same boundaries as the Plan Area and is depicted
on the Boundary Map shown in Figure 1 on the following page. A legal description of the TIF
Area is attached as Appendix A.
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Figure 1
College and Drake Urban Renewal Plan Area and TIF Area
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2. BLIGHT CONDITIONS
Before an urban renewal plan can be adopted by the City Council, City Council must make a
determination that the area constitutes a blighted area. This determination depends upon the
presence of several physical, environmental, and social factors. Blight is attributable to a
multiplicity of conditions which, in combination, tend to accelerate the phenomenon of
deterioration of an area. The definition of a blighted area is premised upon the definition
articulated in the Urban Renewal Law (C.R.S. § 31-25-103) as follows:
“Blighted area” means an area that, in its present condition and use and, by reason of
the presence of at least four of the following factors, substantially impairs or arrests the
sound growth of the municipality, retards the provision of housing accommodations, or
constitutes an economic or social liability, and is a menace to the public health, safety,
morals, or welfare:
a. Slum, deteriorated, or deteriorating structures;
b. Predominance of defective or inadequate street layout;
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
d Unsanitary or unsafe conditions;
e Deterioration of site or other improvements;
f. Unusual topography or inadequate public improvements or utilities;
g. Defective or unusual conditions of title rendering the title nonmarketable;
h. The existence of conditions that endanger life or property by fire and other causes;
i. Buildings that are unsafe or unhealthy for persons to live or work in because of building
code violations, dilapidation, deterioration, defective design, physical construction, or
faulty or inadequate facilities;
j. Environmental contamination of buildings or property;
k.5 The existence of health, safety, or welfare factors requiring high levels of municipal
services or substantial physical underutilization or vacancy of sites, building, or other
improvements; or
l. If there is no objection by the property owner or owners and the tenant or tenants of
such owner or owners, if any, to the inclusion of such property in an urban renewal area,
"blighted area" also means an area that, in its present condition and use and, by reason
of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this
subsection (2), substantially impairs or arrests the sound growth of the municipality,
retards the provision of housing accommodations, or constitutes an economic or social
liability, and is a menace to the public health, safety, morals, or welfare. For purposes of
this paragraph (l), the fact that an owner of an interest in such property does not object
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to the inclusion of such property in the urban renewal area does not mean that the owner
has waived any rights of such owner in connection with laws governing condemnation.
If eminent domain is to be authorized, the definition of “blighted” requires that five of the eleven
blight factors must be present (C.R.S. § 31-25-105.5(5)(a)):
(a) “Blighted area” shall have the same meaning as set forth in section 31-25-103 (2);
except that, for the purposes of this section only, “blighted area” means an area that, in
its present condition and use and, by reason of the presence of at least five of the factors
specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound
growth of the municipality, retards the provision of housing accommodations, or
constitutes an economic or social liability, and is a menace to the public health, safety,
morals, or welfare.
The methodology used to prepare the College and Drake Existing Conditions Survey for the Plan
Area involved the following steps: (i) identify parcels to be included in the Plan Area; (ii) gather
information about the properties and infrastructure within the Plan Area boundaries; (iii)
evaluate evidence of blight through field reconnaissance; and, (iv) record observed and
documented conditions which qualify as blight factors under the Urban Renewal Law. The entire
College and Drake Existing Conditions Survey is included as Appendix B of this Plan.
Based on the evidence presented at a public hearing, and in the College and Drake Existing
Conditions Survey dated July 2018, and concurrently with the presentation and approval of this
Plan, the City Council made a finding that the Plan Area was “blighted” as defined by the Urban
Renewal Law, by the existence of the following six factors:
(a) Slum, deteriorated, or deteriorating structures.
(b) Predominance of defective or inadequate street layout.
(d) Unsanitary or unsafe conditions.
(e) Deterioration of site or other improvements.
(f) Unusual topography or inadequate public improvements or utilities.
(k.5) The existence of health, safety, or welfare factors requiring high levels of municipal
services or substantial physical underutilization or vacancy of sites, buildings, or other
improvements.
The City Council also found that these factors, taken together, substantially impair the sound
growth of the City, constitute an economic and social liability, and negatively affect the public
health, safety and welfare of the community. Based on evidence of these factors, the Plan Area is
appropriate for authorized undertakings and activities of the Authority pursuant to the Urban
Renewal Law.
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3. PLAN GOALS AND CONFORMANCE
Plan Goals and Objectives
The overall objective of this Plan is to remediate unfavorable existing conditions and blight and
prevent further deterioration by implementation of the relevant provisions contained in the
following documents:
City Plan (City of Fort Collins Comprehensive Plan), 2011
Midtown Plan, 2013
City of Fort Collins Master Street Plan, 2013
City of Fort Collins Transportation Master Plan, 2011
The Plan is intended to stimulate private sector development and redevelopment in and around
the Plan Area with a combination of private investment, Authority financing, and public
investment in order to remedy and prevent blight. The Plan will assist progress toward the
following additional objectives:
To facilitate redevelopment and new development by private enterprise through cooperation
among developers and public agencies to plan, design, and build needed improvements.
To address and remedy conditions in the area that impair or arrest the sound growth of the
City, including vacancy, underutilization, and underinvestment.
To implement the Comprehensive Plan and its related elements.
To leverage reinvestment and development outcomes to redevelop and rehabilitate the area
in a manner that is compatible with and complementary to community goals and objectives
for the Plan Area.
To more effectively utilize undeveloped and underdeveloped land.
To improve pedestrian, bicycle, vehicular and transit-related circulation and safety.
To encourage the rehabilitation and redevelopment of outmoded buildings, improvements,
and conditions.
To facilitate the enforcement of the laws and regulations applicable to the Plan Area.
To accommodate project opportunities to eliminate blight, and when such opportunities exist,
to take action within the financial, legal, and political limits of the Authority to acquire land,
demolish and remove structures, provide relocation benefits, and pursue redevelopment,
improvement, and rehabilitation projects.
To provide a range of financing mechanisms to incent investment, including utilizing
incremental taxes derived from within the Plan Area to enable enhanced development
outcomes, both public and private.
To ultimately contribute to increased revenues for all taxing entities.
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Plan 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.
The City of Fort Collins recently updated City Plan in April 2019. This Plan is intended to provide
the mechanisms to facilitate implementation of City Plan, and therefore it is in direct
conformance with the updated City Plan. The Planning and Zoning Board approved Resolution
No. 01-2018 on November 15, 2018, finding that this Plan is in conformity with the earlier
version of City Plan. Because the provisions cited below are consistent between the earlier City
Plan and updated City Plan approved in April 2019, the Planning and Zoning Board’s Resolution
remains applicable and consistent.
The following excerpts from City Plan highlight the linkage between City Plan and this Plan.
These are representative excerpts, and not an all-inclusive list of relevant statements:
City Plan. Policy EH 4.2 – Infill and Redevelopment Barriers in Mixed-Use Employment
Districts. Develop new and modify current policies, procedures and practices to reduce and
resolve barriers to infill development and redevelopment in mixed-use employment districts.
Utilize and support public funding and financing tools that facilitate redevelopment, reduce costs
associated with redevelopment, increase access to amenities and services and address feasibility
gaps.
City Plan. Policy LIV 2.1 – Revitalization of Underutilized Properties. Support the use of
creative strategies to revitalize vacant, blighted or otherwise underutilized structures and
buildings, including, but not limited to:
Adaptive reuse of existing buildings (especially those that have historic significance);
Infill of existing surface parking lots – particularly in areas that are currently, or will be,
served by bus rapid transit (BRT) and/or high-frequency transit in the future;
Public/private partnerships;
Infrastructure improvements / upgrades;
Streetscape enhancements; and
Voluntary consolidation and assemblage of properties to coordinate the redevelopment of
blocks or segments of corridors where individual property configurations would otherwise
limit redevelopment potential.
City Plan. Policy LIV 2.2 – Priority Locations for Infill and Redevelopment. Ensure
appropriate use of the City’s public investments in infrastructure / improvements in the following
areas to achieve the City’s strategic goals:
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Downtown District;
Urban Mixed-Use Districts;
Mixed- Employment Districts; and
Metro Districts.
Make regulatory and other incentives, within the City’s control, available only to projects that are
consistent with the long-term vision for these districts in terms of density, intensity, overall mix
of uses and affordability.
City Plan. Policy LIV 3.3 – Gateways. Enhance and accentuate the community’s gateways,
including Interstate 25 interchanges and College Avenue, to provide a coordinated and positive
community entrance. Gateway design elements may include streetscape design, supportive land
uses, building architecture, landscaping, signage, lighting and public art.
Other Notable City Plan Concepts
Policy CR 2.2 – Interconnected System. Support an interconnected regional and local
system of parks, trails and open lands that balances recreation needs with the need to
protect wildlife habitat and other environmentally sensitive areas. Where appropriate, place
trails along irrigation ditches and storm drainageways to connect to destinations such as
schools, open lands and neighborhood centers.
Policy LIV 2.3 – Transit-Oriented Development. Require higher-density housing and
mixed-use development in locations that are currently, or will be, served by BBRT and/or
high-frequency transit in the future as infill and redevelopment occurs. Promote a variety of
housing options for all income levels.
Policy EH 2.3 – Climate Economy. Support local and regional efforts to help attract
support and develop businesses that are adapting to and/ or developing profitable solutions
for a lower-carbon future economy.
Midtown Plan
City Council adopted the Midtown Plan on October 1, 2013, which establishes guidelines for
future redevelopment of the Midtown Area—a major economic engine in the City—in compliance
with the adopted City Plan. The Midtown Plan seeks to complement current and forthcoming
investment by developing a vision and associated land use tools to guide the design of future
redevelopment, and identify opportunities to further enhance streetscapes and multi-modal
connectivity. The Plan Area is located in the Upper Midtown Character Area in the Midtown Plan.
This Plan is in conformance with the following concepts from the Midtown Plan:
Improved Internal Circulation - Internal streets should be developed that provide access
between properties at a slower, calmer pace that is inviting to business and residential users.
Incent New Investment - “Incentivize new investment and enact policies” for implementation
that aligns with the Plan’s vision.
Vitality - Midtown will be a vital corridor with a mix of uses and activities.
Craft a parking strategy that supports increased densities.
Promote optimum use of the MAX Bus Rapid Transit system.
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Midtown in Motion
The Midtown in Motion transportation design plan for College Avenue was adopted by City
Council in October of 2014, encompassing College Avenue from Prospect Road to Harmony Road.
The design plan addresses College Avenue, the adjacent frontage roads, and connections to the
Mason Bus Rapid Transit (BRT) stations. Midtown in Motion is an implementation element
stemming from the City of Fort Collins Transportation Master Plan and the Midtown Plan. The
following concepts included in Midtown in Motion support this Plan:
Improving safety for all modes of travel.
Providing bicycle circulation options.
Enhancing pedestrian circulation across College Avenue and to MAX BRT.
Ensuring mobility and accessibility for people of all ages and abilities.
Utilizing frontage and circulation roads to provide business access.
Creating beautiful, identifiable, and unique design.
Identifying funding and building partnerships.
Development Standards and Procedures
All development within the Plan Area shall conform to the City’s Land Use Code and any site
specific City zoning regulations and policies which impact properties in the Plan Area, all as in
effect and as may be amended from time to time. However, as authorized by the Urban Renewal
Law, the Authority may arrange with the City for the planning, replanning, zoning or rezoning of
any part of the Plan Area as needed in connection with the undertakings and activities in
furtherance of this Plan.
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4. AUTHORIZED URBAN RENEWAL POWERS
To support progress toward the outlined objectives of this Plan, the Authority may pursue any of
the following undertakings and activities, as deemed appropriate for the elimination or
prevention of blight factors within the Plan Area, pursuant to the Urban Renewal Law:
Public Improvements and Facilities
The Authority may cause, finance or facilitate the design, installation, construction and
reconstruction of public improvements in the Plan Area. In order to promote the effective
utilization of undeveloped and underdeveloped land in the Plan Area, the Authority may, among
other things, enter into financial or other agreements with the City of Fort Collins to provide the
City with financial or other support in order to encourage or cause the City to invest funds for the
improvement of storm drainage; street, transit, and pedestrian access conditions; and other
infrastructure deficiencies in the Plan Area.
Cooperative Agreements
For the purposes of planning and implementing this Plan, the Authority may enter into one or
more cooperative agreements with the City, other public entities and private parties. Such
agreement may include provisions regarding project financing and implementation; design,
location, construction of public improvements; revenue sharing or other measures approved by
the Authority to offset urban renewal project impacts on improvements or services; and any
other matters required to implement this Plan. Potential entities include, but are not limited to:
Xcel Energy, CenturyLink, Comcast, Poudre Valley Fire Authority, and Fort Collins-Loveland
Water District.
Purchase of Property
In the event that the Authority finds it necessary to purchase any real property for an urban
renewal project to remedy blight factors pursuant to the Urban Renewal Law and this Plan, the
Authority may do so by any legal means available, including the exercise of the power of eminent
domain pursuant to and in accordance with the Urban Renewal Law, provided, however, that the
Authority shall not exercise the power of eminent domain without prior approval by the City
Council by ordinance. 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.
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Good faith negotiations by the Authority and/or the project developers have been rejected by
the property owner.
Reasonable efforts have been undertaken to: (a) understand and address the property
owner’s position and his or her desires for the property and for any existing business on the
site, and (b) work with the owner to either include the owner in project planning or purchase
the property and relocate the owner in accordance with the Urban Renewal Law on terms and
conditions acceptable to the owner.
Demolition, Clearance, Environmental Remediation,
and Site Preparation
The Authority may, on a case-by-case basis, elect to demolish or to cooperate with others to
clear buildings, structures, and other improvements. Development activities consistent with this
Plan may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe
conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise
remove and prevent the spread of deterioration.
Property Disposition
The Authority may sell, lease, or otherwise transfer real property or any interest in real property
subject to covenants, conditions and restrictions, including architectural and design controls,
time restrictions on development, and building requirements, as it deems necessary to develop
such property, all in accordance with the Urban Renewal Law.
Redevelopment Agreements
The Authority may enter into redevelopment agreements with property owners or developers in
the Plan Area to facilitate participation and assistance that the Authority may choose to provide
to such owners or developers. These may include provisions regarding project planning, public
improvements, financing, design, and any other matters allowed pursuant to the Urban Renewal
Law.
Relocation Assistance
It is not expected that the activities of the Authority will displace any person, family, or business.
However, to the extent that in the future the Authority may purchase property causing
displacement of any person, family, or business, it shall develop a relocation program to assist
any such party in finding another location pursuant to the Urban Renewal Law, and provide
relocation benefits consistent with the Urban Renewal Law. There shall be no displacement of
any person or business without there being in place a relocation program, which program shall
become a part of this Plan when adopted.
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Hiring
The Authority may employ consultants, agents, and employees, permanent and temporary, and
it shall determine their qualifications, duties, and compensation.
Legal Authority
In implementing and conducting the urban renewal project authorized in this Plan, the Authority
may also exercise all other powers given to it under the Urban Renewal Law and any other
applicable law.
Catalyst and Enhancement Projects
There may also be opportunity for rehabilitation and redevelopment of the properties
surrounding the Plan Area that will continue to foster cleanup, preservation and redevelopment
of nearby properties. Additional public infrastructure, not limited to pedestrian amenities,
enhanced landscaping, public transportation improvements, public utilities, or public art and
architectural features as well as access to services, meeting facilities and shopping options may
also further redevelopment of the Plan Area.
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5. ANTICIPATED URBAN RENEWAL ACTIVITIES
Anticipated undertakings and activities within the Urban Renewal Plan Area include, without limitation: (1) redevelopment of the
vacant K-Mart property north of Drake Road as a grocery superstore and (2) redevelopment of the Spradley Barr Mazda auto
dealership site south of Drake Road as an urban mixed-use development. The Plan also anticipates public infrastructure improvements
to support these redevelopment activities as well as to support the continued viability of existing commercial uses in the Plan Area as
further detailed below. Inclusion of these two proposed developments in the Plan does not constitute approval of either development
or indicate the Authority’s support for providing TIF assistance to either project. The details of both developments are subject to
change and a revision to either development shall not be considered a substantial modification of the Plan.
Private Project Investments
Proposed Grocery-Anchored Development
A grocery-anchored development is proposed for the parcels owned by Dillon Companies/ Kroger on the northwest corner of Drake
Road and College Avenue, currently containing the vacant K-Mart structure. As currently envisioned, this project would involve the
relocation of an existing King Soopers store, currently located 0.2 miles to the north of the parcel. The existing fuel station on the site
would remain and be rebranded. In this plan, the existing 5,500 square foot Jiffy Lube Auto Center at the southeast corner of the site
is anticipated to remain.
However, in the event that the plan of Dillon Companies/ Kroger change or the market changes prior to the execution of this specific
proposal, the Plan goals could be accomplished with other retail focused users in this location. In such event, the revised
redevelopment plan shall not be considered a substantial modification of the Plan.
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Table 1
Proposed Grocery-Anchored Development Summary (August 2018)
The current proposal includes approximately 373 parking spaces dedicated to the development (including 8 cart corrals), as well as 60
spaces of parking dedicated for MAX BRT located just west of the proposed supermarket under an existing easement. The site plan is
currently in the planning stages, however there is a desire for the development to “urbanize around the fringe” to enhance the public
spaces and urban elements in the area.
Proposed Mixed-Use Development
A mixed-use development is proposed for the Dracol owned parcels on the southwest corner of Drake Road and College Avenue,
currently containing the Spradley-Barr Mazda dealership and service center. The proposed development would include approximately
17,200 square feet of retail in three structures, a 110-room hotel, and two multifamily apartment buildings with a total of 190
residential units, as shown in Table 2. The design of the development is oriented towards the street, with landscaping around the
edge and parking internal to the site, as shown in
Description Size
Dillon Companies Property
Grocery (King Soopers) 92,000 sq. ft.
Ancillary Retail 8,100 sq. ft.
Existing Retail 5,500 sq. ft.
Parking 433 spaces
Source: Economic & Planning Systems
H:\ 173061-Fort Collins Urban Renewal Authority\Dat a\ [ 173061- Development Plan
Summary.xlsx]Dev Program Summary
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Figure 2.
However, in the event that the redevelopment plan or the market changes prior to the execution
of this specific proposal, the Plan goals could be accomplished with other mixed-use focused
users in this location. In such event, the revised redevelopment plan shall not be considered a
substantial modification of the Plan.
Table 2
Proposed Mixed-Use Development Summary (August 2018)
Description Size
Dracol Property
Residential
Building A 99 units
Building B 91 units
Retail 17,200 sq. ft.
Hotel 110 rooms
Source: Economic & Planning Systems
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Figure 2
Proposed Mixed-Use Development Concept Plan (August 2018)
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Public Improvement Priorities
The Authority may cooperate with others or may act unilaterally to, install, construct, and
reconstruct any public improvements for the purpose of promoting the objectives of the Plan and
in accordance with the Urban Renewal Law. Public projects are intended to stimulate (directly
and indirectly) investment in and around the Plan Area. It is the intent of this Plan that the
combination of public and private investment that may be necessary to advance the objectives
stated herein will assist in the investment and reinvestment of the Plan Area and thereby
contribute to the overall economic wellbeing of the community.
Eligible Public Improvements
Senior City Planning and Engineering staff have identified a preliminary list of eligible public
improvements for the Plan Area. These improvements are grouped in three categories, as
follows:
1. Development Related – These Category 1 improvements include improvements that
address blighted conditions and are required to be built to implement the two private
redevelopment projects proposed to be built in the near term. These improvements are
anticipated to be built and paid for by the private developer; however some TIF may be needed
to address project feasibility.
2. Plan Area Improvements – These Category 2 improvements include public improvements
that address blighted conditions and improve the overall Plan Area environment, but are not
specifically needed or required by the anticipated private development activity. These
improvements are expected to be paid for by TIF and/or other public funds.
3. Additional Opportunities – These Category 3 improvements include other Plan Area
improvements that are either more long term, lower priority, or require additional study
compared to those listed in Category 2. One or more of these projects could move up in priority
if future conditions and needs change.
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6. PROJECT FINANCING
Financing Powers
Except as hereafter specifically provided, the undertakings and activities of the urban renewal
project described in this Plan may be financed, in whole or in part, by the Authority to the full
extent authorized under the TIF provisions of CRS § 31-25-107(9)(a) in the Urban Renewal Law,
in effect on the date of approval of the Plan, and with any other available sources of revenues
and means of financing authorized to be undertaken by the Authority pursuant to the Urban
Renewal Law and under any other applicable law, which shall include, without limitation:
The collection and use of 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.
The issuance of bonds and other indebtedness, including, without limitation, notes or any
other financing instruments or documents in amounts sufficient to finance all or part of the
Plan. The borrowing of funds and creation of other indebtedness.
The use of any and all financing methods legally available to the City, the Authority, any
private developer, redeveloper, or owner to finance in whole or in part any and all costs,
including without limitation the cost of public improvements, described or anticipated in the
Plan or in any manner related or incidental to the development of the Plan Area. Such
methods may be combined to finance all or part of activities and undertakings throughout the
Plan Area.
The principal, interest, any premiums and any other amounts legally due on or in connection
with any indebtedness or obligation of the Authority may be paid from property tax
increments, sales tax increments or any other funds, revenues, assets or property legally
available to the Authority.
This Plan contemplates, however, that the primary method of assisting with financing eligible
expenses in the Plan Area will be through the use of revenues from Property Tax Increment and
Sales Tax Increment. It is the intent of the City Council in approving this Plan to authorize the use
of TIF by the Authority as part of its efforts to advance the vision, objectives, and activities
described herein.
Tax Increment Financing Area
Pursuant to the provisions of C.R.S. § 31-25-107(9) of the Urban Renewal Law, in approving this
Plan, the City Council hereby approves the Plan Area as a single tax increment financing area
with the same boundary as the Plan Area (the “TIF Area”). The boundaries of this TIF Area shall
therefore be as depicted in Figure 1 and legally described in Appendix A.
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Property Tax Increment Financing
The Authority is specifically authorized to collect and expend property tax increment revenue to
the full extent authorized by the Urban Renewal Law, this Plan, and the intergovernmental
agreements negotiated with the other taxing bodies, and to use that revenue for all purposes
authorized under this Plan.
Property Tax Increment Limitations
The Authority shall establish a fund for the financing authorized under this Plan that shall be
funded with the property tax allocation authorized to the Authority under the Urban Renewal Law
in C.R.S. Section 31-25-107(9), in effect on the date of approval of the Plan. Under this method,
the property taxes of specifically designated public bodies, if any, levied after the effective date
of the approval of this Plan upon taxable property in the Plan Area each year by or for the benefit
of the designated public body must be divided for a period not to exceed twenty-five (25) years
after the effective date of the adoption of the tax allocation provision, as follows:
Property Tax Base Amount – That portion of the taxes which are produced by the levy at the
rate fixed each year by or for such public body upon the valuation for assessment of taxable
property in the Plan Area last certified prior to the effective date of approval of the Plan or, as to
an area later added to the Plan Area, the effective date of the modification of the Plan, shall be
paid into the funds of each such public body as are all other taxes collected by or for said public
body.
Property Tax Increment Amount – That portion of said property taxes in excess of such base
amount must be allocated to and, when collected, paid into a special fund of the Authority to pay
the principal of, the interest on, and any premiums due in connection with the bonds of, loans or
advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the
Authority for financing or refinancing, in whole or in part, a specific project. Any excess property
tax collections not allocated in this way must be paid into the funds of the municipality or other
taxing entity, as applicable.
Unless and until the total valuation for assessment of the taxable property in the Plan Area
exceeds the base valuation for assessment of the taxable property in the Plan Area, all of the
taxes levied upon the taxable property in the Plan Area must be paid into the funds of the
respective public bodies.
When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any
premiums due in connection therewith, have been paid, all taxes upon the taxable property in
the Plan Area must be paid into the funds of the respective public bodies, and all moneys
remaining in the special fund that have not previously been rebated and that originated as
property tax increment generated based on the mill levy of a taxing body, other than the City,
within the boundaries of the Plan Area must be repaid to each taxing body based on the pro rata
share of the prior year’s property tax increment attributable to each taxing body’s current mill
levy in which property taxes were divided. Any moneys remaining in the special fund not
generated by property tax increment are excluded from any such repayment requirement.
In calculating and making these payments, the County Treasurer may offset the Authority’s pro
rata portion of any property taxes that are paid to the authority under these terms and that are
subsequently refunded to the taxpayer against any subsequent payments due to the authority
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for an urban renewal project. The Authority shall make adequate provision for the return of
overpayments in the event that there are not sufficient property taxes due to the Authority to
offset the Authority’s pro rata portion of the refunds. The Authority may establish a reserve fund
for this purpose or enter into an intergovernmental agreement with the municipal governing
body in which the municipality assumes responsibility for the return of the overpayments.
The portion of taxes collected may be irrevocably pledged by the Authority for the payment of
the principal of, the interest on, and any premiums due in connection with such bonds, loans,
advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are
placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers
or any reserve funds reserved by the Authority for such purposes in accordance with Section 31-
25-107(9)(a)(III) and (b), C.R.S. The Authority shall set aside and reserve a reasonable amount
as determined by the Authority of all incremental taxes paid to the Authority for payment of
expenses associated with administering the Plan.
At the time of general reassessment of taxable property valuations in Larimer County, including
all or part of the Plan Area subject to division of valuation for assessment between base and
increment, as provided above, the portions of valuations for assessment to be allocated as
provided above shall be proportionately adjusted in accordance with such reassessment or
change. Note that at the time of this Plan adoption, such a general reassessment occurs every
two years, in the odd-numbered years.
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Property Tax Increment Forecasts
The estimated property tax valuations and Plan Area tax increment associated with the two
proposed redevelopment projects are shown in Table 3 below. The estimated actual value of the
grocery-anchored component of the Project, including the existing retail that will remain onsite,
is $13.7 million and the estimated actual value of the Brinkman Development is $60.4 million,
resulting in a total of $74.2 million. Including the existing uses in the rest of the Plan Area, the
total estimated actual value of property tax increment for the Plan Area is $75.7 million. The
total estimated assessed value of the combined new developments (Real Property only) is $12.4
million, and for the entire Plan Area is $12.8 million, as shown.
Table 3
Plan Area Existing and Estimated Property Tax Values
Description Size Value Factor
Estimated
Actual Value1
Base (2019)
Assessed Value1
Estimated (2021)
Assessed Value1
Total Assessed
Value Increment
King Soopers Development
King Soopers 92,000 sq. ft. $110 /sq. ft. $10,120,000 $1,146,602 $2,934,800 $1,788,200
Ancillary Retail 8,100 sq. ft. $269 /sq. ft. $2,180,700 $342,200 $632,398 $290,200
Existing Retail 5,500 sq. ft. Tax Records $1,442,400 $418,296 $418,296 $0
Total $13,743,100 $1,907,100 $3,985,494 $2,078,400
Brinkman Development
Apartments 190 units $220,000 /unit $41,800,000 $3,009,600
Hotel 110 keys $127,288 /room $14,001,700 $4,060,487
Retail 17,200 sq. ft. $269 /sq. ft. $4,630,600 $1,342,869
Total $60,432,300 $1,199,600 $8,412,957 $7,213,400
Other URA Parcels
Retail 2,008 sq. ft.
Service 6,172 sq. ft.
Total $1,487,210 $431,291 $431,291 $0
GRAND TOTAL $75,662,610 $3,537,991 $12,829,741 $9,291,800
1 Real Property
Source: Larimer County Assessor; Economic & Planning Systems
Grocery-Anchored Development
Grocery-Anchored
Mixed-Use
Other Parcels in Plan Area
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The assessed value of all existing uses in the Plan Area represents the Base Amount, which totals
$3.5 million as also shown above. Subtracting the Base Amount from the new assessed value
provides an estimate of the net assessed value used in calculating the Plan Area Tax Increment
Amount. The total assessed value is expected to be approximately $12.8 million when these two
redevelopment components are complete in 2020, which represents a net increase of $9.3
million.
The associated property tax increment forecasts are shown in Table 4. The forecasts are shown
for each taxing district within the Plan Area and in total. The total annual Increment Amount is
forecast to be approximately $844,000 in the first year of stabilization in 2021, totaling $20.3
million over the 25-year period during which the Authority is entitled to receive property tax
increment.
The Poudre Valley School District, with a combined mill levy, comprises the largest component of
the total 25-year Increment Amount at $11.7 million, which is comprised of general fund mill
levy of 38.683 and a Bond Payment mill levy of 13.947. The next largest is Larimer County, with
22.092 mills at $4.9 million. The City of Fort Collins mill levy is 9.797 and would generate
approximately $2.2 million in property tax Increment Amount over the 25-years.
Table 4
Property Tax Increment Revenues by Taxing District
Taxing District Cooperative Agreements
Pursuant to the provisions of C.R.S. § 31-205-107(9.5)(a) of the Urban Renewal Law, in effect
on the date of approval of the Plan, the Authority has notified the Board of County
Commissioners of Larimer County and the governing boards of all other taxing entities whose
incremental property tax revenues would be allocated under this Plan. Representatives of the
Authority and the governing body of each taxing entity have met and attempted to negotiate an
agreement governing the sharing of incremental property tax revenue allocated to the special
Description Mill Levy Tax Liability
Annual Increment
2021-2044 Total
Total Assessed Value Increment $9,291,800 $843,956
Taxing District
Larimer County 22.092 $205,274 $205,274 $4,926,587
City of Fort Collins 9.797 $91,032 $91,032 $2,184,762
Poudre R-1 General Fund 38.683 $359,435 $359,435 $8,626,433
Poudre R-1 Bond Payment 13.947 $129,593 $129,593 $3,110,226
Poudre River Public Library District 3.000 $27,875 $27,875 $669,010
Health District of No. Larimer County 2.167 $20,135 $20,135 $483,248
N. Colorado Water Conservation District 1.000 $9,292 $9,292 $223,003
Larimer County Pest Control District 0.142 $1,319 $1,319 $31,666
Total 90.828 $843,956 $20,254,935
Source: Economic & Planning Systems
H:\ 173061-Fort Collins Urban Renewal Authority\Models\[ 173061- Order of Magnitude TIF 9-6-18.xlsx]Property Tax District Det ail
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fund of the Authority. The agreements address, without limitation, estimated impacts of the Plan
on county or district services associated solely with the Plan.
Any such shared incremental tax revenues governed by any agreement are limited to all or any
portion of the incremental revenue generated by the taxes levied upon taxable property by the
taxing entity within the area covered by the Plan in addition to any incremental sales tax
revenues generated within the Plan Area by the imposition of the sales tax of the City.
Copies of this Plan have been provided to all public entities having taxing authority within the
Plan Area for their review and comment. Larimer County received the Impact Report required by
C.R.S. § 31- 25-107(3.5) of the Urban Renewal Law, and all other taxing entities having taxing
authority within the Plan Area received a copy of an Impact Report similar to that required by
C.R.S. § 31-25-107(3.5) of the Urban Renewal Law for counties, which includes information
necessary to comply with HB 15-1348 and SB 16-177 and for the taxing entity to analyze the
proposed Plan. For each taxing entity the Impact Report indicates the current property tax
revenues being generated from the Plan Area, the current proposed development plan, and the
proposed capture of Increment Amount from the Plan Area as it relates to each taxing entity.
As required by the Urban Renewal Law, the Authority entered into an Intergovernmental
Agreement (“IGA”) with each taxing entity within the Plan Area to set out the terms and
conditions governing the sharing of incremental property tax revenue within the Plan Area.
IGAs authorizing the use of Property Tax Increment within the Plan Area have been negotiated
and approved with the following taxing bodies:
Larimer County (including Foothills Gateway and Larimer County Pest Control District) Tax
Increment Revenue Agreement
Poudre River Library District Tax Increment Revenue Agreement
Health District of Larimer County Tax Increment Revenue Agreement
City of Fort Collins Cooperation Agreement
The following taxing bodies have not agreed to share Property Tax Increment in support of the
Plan and the incremental property tax revenues generated by their mill levies will not be included
within the revenues the Authority is authorized to receive:
Northern Colorado Water Conservation District
The Authority and the Poudre School District were not able to agree upon an intergovernmental
agreement regarding the sharing of tax increment revenues. Therefore, the Authority and the
Poudre School District submitted to mediation, under Urban Renewal Law, the issue of
appropriate sharing of incremental property tax revenues and urban renewal project costs.
Pursuant to C.R.S. § 31-25-107(9.5)(d), the statutory mediation made Findings of Fact in an
Order dated October 21, 2019 that found the appropriate sharing of the Increment Amount
associated with the Poudre School District to be the following:
The Authority may retain and expend in furtherance of the Plan, 75% of the Increment
Amount from the general mill levy.
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If the Poudre School District’s eligible electors approve a new or increased mill levy for
any lawful purpose above the existing mill levy at the time of Plan approval any
Increment Amount derived therefrom shall be passed through to the Poudre School
District and not considered part of the Increment Amount.
For any voter-approved, mill-levy overrides or bond dedicated mill levy revenues
existing or approved by the Poudre School District’s eligible electors an Increment
Amount derived therefrom shall be passed through to the Poudre School District and not
considered part of the Increment Amount.
If the Authority and the Poudre School District choose to enter into an intergovernmental
agreement ratifying the mediators’ decision, it shall not be a substantial modification to the Plan.
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Sales Tax Increment Financing
The Project under the Plan may also be financed by the Authority under the sales tax allocation
financing provisions of the Urban Renewal Law in C.R.S. § 31-25-107(9). The Urban Renewal
Law allows that upon the adoption or amendment of an Urban Renewal Plan, sales taxes flowing
to the City may be “frozen” at their current level. The current level is established based on the
previous 12 months prior to the adoption of this Plan (the “Sales Tax Base Amount”). Thereafter,
the City continues to receive this fixed sales tax revenue. The Authority thereafter may receive
all, or an agreed upon portion of the additional sales taxes (the increment) that are generated
above the base (the “Sales Tax Increment Amount”). The Authority may use these incremental
sales tax revenues to finance the issuance of bonds, reimburse developers for public
improvement costs, reimburse the City for public improvement costs, and pay off financial
obligations and other debts incurred in the administration of the Plan and for any other purpose
authorized in the Urban Renewal Law. The Sales Tax Increment Amount is not an additional sales
tax, but rather is a portion of the established tax collected by the City, and the incremental sales
tax revenues resulting from redevelopment efforts and activities contemplated in this Plan.
Pursuant to the provisions of C.R.S. § 31-25-107(9) of the Urban Renewal Law, in approving this
Plan and pursuant to the Cooperation Agreement between the Authority and the City, the City
Council specifically authorizes the use of sales tax increment generated under this Plan to be
received by the Authority to further the goals of the Plan from the 2.25% City general purpose
sales tax, and agrees to sharing 50% of the Sales Tax Increment Amount, after deducting
$450,000 and subject to the total property tax Increment Amount and Sales Tax Increment
Amount associated with the City being $12,979,000.
City Sales Tax Increment Limitations
A fund for financing projects may be accrued and used by the Authority under the tax allocation
financing provisions of the Urban Renewal Law. Under this method, municipal sales taxes
collected within the Plan Area, by or for the benefit of the designated public body must be
divided for a period not to exceed twenty-five (25) years after the effective date of the adoption
of the tax allocation provision, as follows:
Sales Tax Base Amount – That portion of municipal sales taxes, not including any sales taxes
for remote sales as specified in § 39-26-104 (2), C.R.S., collected within the boundaries of the
Plan Area in the twelve-month period ending on the last day of the month prior to the effective
date of approval of the Plan, shall be paid into the funds of each such public body as are all other
taxes collected by or for said public body.
Sales Tax Increment Amount – All or any portion of said municipal sales taxes in excess of
such base amount, must be allocated to and, when collected, paid into a special fund of the
Authority to pay the principal of, the interest on, and any premiums due in connection with the
bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded,
assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, a specific
project. Any excess municipal sales tax collections not allocated in this way must be paid into the
funds of the municipality, as applicable.
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Unless and until the total municipal sales tax collections in the Plan Area exceed the base year
municipal sales tax collections in the Plan Area, all such sales tax collections must be paid into
the funds of the City.
The portion of taxes collected may be irrevocably pledged by the Authority for the payment of
the principal of, the interest on, and any premiums due in connection with such bonds, loans,
advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are
placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers
or any reserve funds reserved by the Authority for such purposes in accordance with C.R.S.
Section 31-25-107(9)(a)(III) and (b). The Authority shall set aside and reserve a reasonable
amount as determined by the Authority of all incremental taxes paid to the Authority for
payment of expenses associated with administering the Plan.
In the event there is a change in the sales tax percentage levied in the City including all or part
of the Plan Area subject to division of sales taxes between base and increment, as provided
above, the portions of valuations for sales taxes to be allocated as provided above shall be
proportionately adjusted in accordance with such change.
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Sales Tax Increment Forecasts
The City can commit all or a portion of the incremental sales tax revenues from the City’s
general fund sales tax generated by the proposed redevelopment as tax increment. The grocery-
anchored component of the development is forecast to generate $46.5 million in annual taxable
sales based on 92,000 square feet at an estimated rate of $505 per square foot, as shown in
Table 5. Based on estimates, this average sales rate represents a modest 5 percent increase
over the average of existing grocery stores in Fort Collins of $480 per square foot.
The new 8,100 square feet of ancillary retail space in the grocery-anchored component of the
development is projected to generate $1.8 million in annual taxable sales, based on an average
$225 per square foot for an unspecified mix of retailers. Similarly, the 17,200 square feet of
ancillary space in the mixed-use redevelopment is projected to generate $3.9 million in annual
taxable sales. The total new taxable sales within the Plan Area is estimated at $52.15 million as
shown.
Table 5
Estimated Taxable Sales
Description Size Sales/Sq.Ft Total Sales
Dillon Companies Site
King Soopers1 92,000 sq. ft. $505 $46,460,000
Ancillary Retail 2 8,100 sq. ft. $225 $1,822,500
Dillon Companies Site Total 100,100 sq. ft. $48,282,500
Dracol Site
New Retail 17,200 sq. ft. $225 $3,870,000
Dracol Site Total 17,200 sq. ft. $3,870,000
Total Plan Area Net New $52,152,500
Total Sales Tax @ 2.25% $1,173,431
1 Existing King Soopers S. College store; sales/sq.ft. based on average Fort Collins grocery sales
2 Existing 5,500 sq.ft. of retail on the site is not included
Source: Economic & Planning Systems
H:\ 173061-Fort Collins Urban Renewal Authority\Models\[ Table 6_9-7.xlsx]Table 6
Property
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Applying the City’s 2.25 percent sales tax rate to the projected new sales results in an estimated
$1.2 million in annual new sales taxes from the Plan Area. This excludes sales and sales taxes
from existing retail uses within the Plan Area that area expected to remain.
The portion of grocery-anchored taxable sales and sales taxes that can be considered net new to
the City and potentially eligible for tax increment is shown in Table 6. As currently envisioned,
this project would involve the relocation of an existing King Soopers store, currently located 0.2
miles to the north of the parcel. Taxable sales at the existing store are estimated at $24.0
million based on the 50,000 square foot store size and an average of $480 per square foot in
sales (this equates to the average 2017 annual sales of all Fort Collins grocery stores).
Table 6
Estimated Sales Tax Revenue
This results in annual net new sales of approximately $24.3 million for the Dillion site and $28.2
million for the Plan Area. At the 2.25 percent tax rate, the net new sales taxes would equal
$546,000 per year for the grocery-anchored site and $633,000 per year for the total Plan Area
as shown.
Description Size Sales/Sq.Ft Total Sales Tax Rate Tax Revenue
Dillon Companies Site
King Soopers 92,000 sq. ft. $505 $46,460,000 2.25% $1,045,350
Ancillary Retail
2 8,100 sq. ft. $225 $1,822,500 2.25% $41,000
Existing Store Sales
1 50,000 sq. ft. $480 $24,000,000 2.25% $540,000
Dillon Companies Site Net New $24,282,500 $546,350
Dracol Site
New Retail 17,200 sq. ft. $225 $3,870,000 2.25% $87,075
Dracol Site Total 17,200 sq. ft. $3,870,000 $87,075
Total Plan Area Net New $28,152,500 $633,425
1 Existing King Soopers S. College store; sales/sq.ft. based on average Fort Collins grocery sales
2 Existing 5,500 sq.ft. of retail on the site is not included
Source: Economic & Planning Systems
H:\ 173061-Fort Collins Urban Renewal Authority\Models\[ 173061- Order of Magnitude TIF 9-6-18.xlsx]Sales Tax V2
Property Sales Tax
Grocery-Anchored
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Tax Increment Reimbursements
Tax increment revenues (both property and sales) may be used to reimburse the City and/or a
developer for costs incurred for improvements related to a redevelopment within the Plan Area to
pay the debt incurred by the Authority with such entities for urban renewal activities and
purposes. Tax increment revenues may also be used to pay bonded indebtedness, financial
obligations, and debts of the Authority related to urban renewal activities under this Plan.
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7. MODIFICATIONS TO THE PLAN
This Plan may be modified pursuant to requirements and procedures set forth in CRS § 31-25-
107 of the Urban Renewal Law governing such modifications or amendments to the extent such
modifications or amendments do not conflict with the intergovernmental agreements entered
into between the Authority and other taxing entities.
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8. SEVERABILITY AND REASONABLE VARIATIONS
The Authority shall have the ability to approve reasonable variations (as determined by the
Board) from the strict application of these Plan provisions, so long as such variations reasonable
accommodate the intent and purpose of this Plan and the Urban Renewal Law. Plan provisions
may be altered by market conditions, redevelopment opportunities and/or the needs of the
community affected by the Plan.
If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the
remaining portions of the Plan.
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9. EFFECTIVE DATE OF THE PLAN
This Plan shall be effective upon its final approval by the City Council. Except as otherwise
permitted under the Urban Renewal Law, the term of collection of property tax increment is
twenty-five (25) years from the effective date of the Plan, unless the Authority deems, to the
extent consistent with the terms in the Agreements, that all activities to accomplish the Project
have been completed and all debts incurred to finance such activities and all expenses of the
Authority have been repaid. In that event, the Authority may declare the Plan fully implemented.
APPENDIX A
APPENDIX B
Draft Report
College and Drake URA
Existing Conditions Survey
Prepared for:
City of Fort Collins Urban Renewal Authority
Prepared by:
Economic & Planning Systems, Inc.
September 5, 2018
EPS #173061
Table of Contents
1. INTRODUCTION ...................................................................................................... 1
Purpose ................................................................................................................. 1
Colorado Urban Renewal Law .................................................................................... 1
Methodology .......................................................................................................... 3
2. STUDY AREA ANALYSIS ............................................................................................ 4
Study Area ............................................................................................................. 4
Field Survey Approach ............................................................................................. 7
Blight Factor Evaluation Criteria ................................................................................ 7
Results of Field Survey ............................................................................................ 9
Other Considerations ............................................................................................. 12
3. CONCLUSIONS ..................................................................................................... 16
List of Tables
Table 1 Parcels Contained in the URA Study Area ........................................................... 4
Table 2 Visual Conditions of Blight Observed ............................................................... 10
Table 3 Nuisance Violations, 2013-2018 ..................................................................... 12
Table 4 Police Incidents and Offenses, 2015-2018 ........................................................ 14
Table 5 Blight Conditions Image Reference, 1-30 ......................................................... 29
Table 6 Blight Conditions Image Reference, 31-60 ....................................................... 30
Table 7 Blight Conditions Image Reference, 61-90 ....................................................... 31
Table 8 Blight Conditions Image Reference, 91-113 ...................................................... 32
List of Figures
Figure 1 College and Drake Proposed URA Boundary and Parcels ....................................... 6
Figure 2 Study Area Nuisance Code Violations, January 2013 – August 2018 ..................... 13
Figure 3 Image Location Reference Map ....................................................................... 18
Economic & Planning Systems, Inc. 1 173061-DRAFT-Fort Collins URA Existing Conditions 9-5-18
1. INTRODUCTION
In July of 2018, Economic & Planning Systems (EPS), working with the City of Fort Collins Urban
Renewal Authority (URA), conducted the following existing conditions survey (Survey) of the
proposed College and Drake Urban Renewal Plan Area (Study Area). This proposed plan area is a
portion of the College Midtown Corridor and is bounded by South College Avenue to the east,
West Thunderbird Drive to the south, McClelland Drive to the west, and the north exterior wall of
the vacant K-Mart property to the north, as shown in Figure 1.
The Fort Collins Urban Renewal Authority (URA) anticipates creating a new plan area around
Drake Road and College Avenue to support redevelopment plans for two large sites - the vacant
former K-Mart located north of Drake, and the Spradley-Barr Mazda auto dealership located
south of Drake. The proposed Urban Renewal Area captures these redevelopment plans and, if
approved, will aide in the redevelopment and public improvement of the area.
Purpose
The primary purpose of this Survey is to determine whether the Study Area qualifies as a
“blighted area” within the meaning of Colorado Urban Renewal Law. Secondly, this Survey will
influence whether the Study Area should be recommended to be established as a URA Plan Area
for such urban renewal activities as the URA and City Council deem appropriate.
Colorado Urban Renewal Law
The requirements for the establishment of a URA plan are outlined in the Colorado Urban
Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. In order to establish an
area for urban renewal, there are an array of conditions that must be documented to establish a
condition of blight. The determination that constitutes a blighted area depends upon the
presence of several physical, environmental, and social factors. Blight is attributable to a
multiplicity of conditions which, in combination, tend to accelerate the phenomenon of
deterioration of an area.
The definition of a blighted area in the Urban Renewal Law is as follows:
College and Drake URA Existing Conditions Survey
September 5, 2018
Economic & Planning Systems, Inc. 2 Draft Report
Urban Renewal Law
Blight Factors (C.R.S. § 31-25-103)
“’Blighted area’ means an area that, in its present condition and use and, by reason of the presence of
at least four of the following factors, substantially impairs or arrests the sound growth of the
municipality, retards the provision of housing accommodations, or constitutes an economic or social
liability, and is a menace to the public health, safety, morals, or welfare:
(a) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective or inadequate street layout;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Unusual topography or inadequate public improvements or utilities;
(g) Defective or unusual conditions of title rendering the title nonmarketable;
(h) The existence of conditions that endanger life or property by fire or other causes;
(i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code
violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate
facilities;
(j) Environmental contamination of buildings or property;
(k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or
substantial physical underutilization or vacancy of sites, buildings, or other improvements; or
(l) If there is no objection by the property owner or owners and the tenant or tenants of such owner
or owners, if any, to the inclusion of such property in an urban renewal area, “blighted area” also
means an area that, in its present condition and use and, by reason of the presence of any one of the
factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the
sound growth of the municipality, retards the provision of housing accommodations, or constitutes an
economic or social liability, and is a menace to the public health, safety, morals, or welfare. For
purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to
the inclusion of such property in the urban renewal area does not mean that the owner has waived any
rights of such owner in connection with laws governing condemnation.”
Use of Eminent Domain
In order for an Urban Renewal Authority to use the powers of eminent domain to
acquire properties, 5 of the 11 blight factors must be present (C.R.S. § 31‐25‐
105.5(a)).
“’Blighted area’ shall have the same meaning as set forth in section 31‐25‐103 (2); except that, for the
purposes of this section only, “blighted area” means an area that, in its present condition and use and,
by reason of the presence of at least five of the factors specified in section 31‐25‐103 (2)(a) to (2)(l),
substantially impairs or arrests the sound growth of the municipality, retards the provision of housing
accommodations, or constitutes an economic or social liability, and is a menace to the public health,
safety, morals, or welfare.”
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Methodology
This Survey was completed by EPS to inventory and establish the existing conditions within the
Study Area through data gathering and field observations of physical conditions. The Study Area
was defined by the URA to encompass the proposed redevelopment on two large properties north
and south of Drake Street. The Study Area extends to include a number of adjacent commercial
properties within the two block Study Area, as well as the public streets to the east, west, and
south (College, McClelland, and West Thunderbird) and the Transport MAX station, along with
associated park and ride spaces. An inventory of parcels within the Study Area was compiled
using parcel data from the Larimer County Assessor documenting parcel ownership, use,
vacancy, and assessed value. A series of Study Area maps were then developed to facilitate the
field survey, which documented and photographed visual conditions of blight.
The field survey was conducted by EPS in July of 2018. The 11 factors of blight in the state
statute were broken down into “conditions” - existing situations or circumstances identified in the
Study Area that may qualify as blight under each of the 11 factors. The conditions documented
in this report are submitted as evidence to support a “finding of blight” according to Urban
Renewal Law. Under the Urban Renewal Law, the final determination of blight within the Study
Area is within the sole discretion of the Fort Collins City Council.
Urban Renewal Case Law
In addition to the State statute, several principles have been developed by Colorado
courts to guide the determination of whether an area constitutes a blighted area under
the Urban Renewal Law. The following parameters have been established through case
law for determining blight and the role of judiciary review.
Tracy v. City of Boulder (Colo. Ct. App. 1981)
• Upheld the definition of blight presented in the Urban Renewal Law as a broad
condition encompassing not only those areas containing properties so dilapidated
as to justify condemnation as nuisances, but also envisioning the prevention of
deterioration. Therefore, the existence of widespread nuisance violations and
building condemnation is not required to designate an area blighted.
• Additionally, the determination of blight is the responsibility of the legislative body
and a court’s role in review is to 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.
Interstate Trust Building Co. v. Denver Urban Renewal Authority (Colo. 1970)
• Determined that blight assessment is not on a building-to-building basis, but is
based on conditions observed throughout the plan area as a whole. The presence
of one well maintained building does not defeat a determination that an area
constitutes a blighted area.
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2. STUDY AREA ANALYSIS
S t udy Area
The proposed College and Drake Urban Renewal Plan Area is comprised of 13 parcels on
approximately 30 acres of land, as shown in Table 1.
Table 1
Parcels Contained in the URA Study Area
The 13 parcels are separated into the two major assemblages for redevelopment and six smaller
holdings summarized below and shown in Figure 1:
• Parcels 1 and 2: Dillon Companies, Inc. – Parcels 1 and 2 comprising 11.2 acres of land
are owned by Dillon Companies, a real estate subsidiary of King Soopers which is wholly
owned by the Kroger Company. Parcel 1 is the north portion of a vacant retail center
formerly occupied by Cricket, Advantage, and Radio Shack. Parcel 2 is the southern portion
of the vacant center formerly occupied by KMart as well as an occupied Loaf and Jug
convenience and gas outlet on the Drake Road frontage. It also contains 60 parking spaces
under an easement to Transport MAX for park and ride spaces.
• Parcel 3: City of Fort Collins – Parcel 3 is a 34,100 square foot parcel behind (west of) the
former KMart, owned by the City of Fort Collins for the MAX station and associated right-of-
way.
• Parcel 4: Dillon Companies, Inc. – This retail strip is owned by Dillon Companies and
contains a 4,800 square foot building leased to Larkburger, Cricket, and a Waxing Salon.
• Parcel 5: Round Top Investments, LLC. – This 24,700 square foot parcel contains a Jiffy
Lube auto service center on the northwest corner of the intersection of College and Drake.
• Parcels 6 and 7: Dracol, LLC. – These parcels, comprising 5.7 acres of land, contain the
existing Spradley-Barr Mazda dealership buildings and lots. The property is proposed to be
redeveloped as a mixed use project, including a hotel and multifamily apartments with
ground level retail space.
Reference
Number
Parcel
Number Address
Year
Built Owner Business Name
Sq. Ft.
Land Occupancy
Sq. Ft.
Building
Assessed
Value
1 9723410004 2505 S College Ave 1972 Dillon Companies Inc. Cricket, Advantage, Radio Shack 92,698 Vacant 9,911 $1,180,165
2 9723410002 2445 S College Ave 1977 Dillon Companies Inc. K-Mart, Texaco Convenience Store 395,708 Vacant 90,664 $3,953,874
3 9723400908 City of Fort Collins 34,057 Vacant 0 $500
4 9723410001 2539 S College Ave 2009 Dillon Companies Inc. Larkburger, Cricket, Waxing the City 19,000 Occupied 4,785 $818,790
5 9723412001 2549 S College Ave 1980 Round Top Investments, LLC. Jiffy Lube 24,706 Occupied 2,968 $623,790
6 9726114001 2601 S College Ave 1966 Dracol, LLC. Spradley-Barr Auto Dealership 173,504 Occupied 7,184 $1,855,072
7 9726100023 2601 S College Ave 1973 Dracol, LLC. Spradley-Barr Auto Dealership 73,486 Occupied 0 $413,809
8 9726100016 2627 S College Ave 1966 Dracol, LLC. Sherwin Williams Paints 21,698 Occupied 14,790 $1,153,769
9 9726120001 Dracol, LLC. Vacant Land 4,000 Vacant 0 $22,000
10 9726120002 132 W Thunderbird Dr 1969 Dracol, LLC. Tri City Paint 13,224 Vacant 2,160 $275,068
11 9726127003 2633 S College Ave 1995 Plutus Holdings, LLC. Critter Vet 12,815 Occupied 3,125 $410,050
12 9726127004 2631 S College Ave 1975 Enchante Enterprises, LLC. Enchante Salon 13,332 Occupied 3,047 $525,400
13 9726127001 2635 S College Ave 1976 Brien Buell (Trust) Tortilla Marissas 14,052 Occupied 2,008 $450,072
Source: Larimer County Assessor; Economic & Planning Systems
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• Parcels 8 and 9: Dracol, LLC. – Parcel 8 is 21,700 square feet and contains a Sherwin-
Williams paint store with frontage on College Avenue. Parcel 9 is a 4,000 square foot vacant,
interior lot. Both parcels are owned by Dracol.
• Parcel 10: Dracol, LLC. – This 13,200 square foot parcel contains a 2,200 square foot
vacant building formerly occupied by Tri City Paint.
• Parcel 11: Plutus Holdings, LLC. – This 12,800 square foot parcel is owned by Plutus
Holdings and is occupied by Critter Vet Clinic.
• Parcel 12: Enchante Enterprises, LLC. – This 13,300 square foot parcel is owned by
Enchante Enterprises, LLC, which is affiliated with the Enchante Salon occupying the 3,000
square foot building.
• Parcel 13: Brian Buell (Trust) – Tortilla Marissas operates a 2,000 square foot building on
this parcel owned by Brien Buell (Trust) on the northwest corner of College and West
Thunderbird Drive.
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Figure 1
College and Drake Proposed URA Boundary and Parcels
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F i e l d Survey Approach
The following assessment is based on a field survey conducted by EPS in July 2018. The survey
team walked the entire Study Area, taking notes and photographs to document existing
conditions corresponding to the blight factor evaluation criteria detailed in the following section.
The location of each documented condition of blight is identified in the Image Location Reference
Map in Appendix A of this report.
B l i ght Factor Evaluation Criteria
This section details the conditions used to evaluate blight during the field survey. The following
conditions correspond with 6 of the 11 blight factors in the Urban Renewal Law. Additional
information on a number of these factors for which data was available was also collected. The
remaining blight factors cannot be visually inspected and are dependent on other data sources.
Given the prevalence of physically observable conditions of blight, these remaining blight factors
were not investigated.
Buildings
The following conditions establish evidence of Urban Renewal Law blight factor “(a) slum,
deteriorated, or deteriorating structures,” based on an evaluation of the overall condition and
level of deterioration of structures within the plan area.
• Deteriorated External Walls / Visible Foundation
• Deteriorated Roof
• Deteriorated Fascia/Soffits
• Deteriorated Gutters/Downspouts
• Deteriorated Exterior Finishes
• Deteriorated Windows and Doors
• Deteriorated Stairways/Fire Escapes/Loading Docks
• Deteriorated Ancillary Structures
Street Layout
The following conditions evaluate the Urban Renewal Law blight factor ”(b) predominance of
defective or inadequate street layout,” through assessment of the safety, quality, and efficiency
of street layouts, site access, and internal circulation.
• Inadequate Street or Alley Width / Cross-section / Geometry
• Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic
• Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians
• Insufficient Roadway Capacity Leading to Unusual Congestion
• Inadequate Emergency Vehicle Access
• Poor Vehicular or Pedestrian Access to Buildings or Sites
• Excessive Curb Cuts / Driveways along Commercial Blocks
• Poor Internal Vehicular or Pedestrian Circulation
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Unsafe/Unsanitary
The following conditions establish evidence of Urban Renewal Law blight factor “(d) unsanitary or
unsafe conditions,” by evaluating visual conditions that indicate the occurrence of activities that
inhibit the safety and health of the area including, but not limited to, excessive litter, unenclosed
dumpsters, and vandalism.
• Floodplains or Flood Prone Areas
• Inadequate Storm Drainage Systems/Evidence of Standing Water
• Poor Fire Protection Facilities
• Above Average Incidences of Public Safety Responses
• Inadequate Sanitation or Water Systems
• Existence of Contaminants or Hazardous Conditions or Materials
• High or Unusual Crime Statistics
• Open/Unenclosed Trash Dumpsters
• Cracked or Uneven Surfaces for Pedestrians
• Illegal Dumping/Excessive Litter
• Vagrants/Vandalism/Graffiti/Gang Activity
• Open Ditches, Holes, or Trenches in Pedestrian Areas
• Poorly Lit or Unlit Areas
• Insufficient Grading/Steep Slopes
• Unsafe or Exposed Electrical Wire
Site Improvements
The following conditions evaluate the Urban Renewal Law blight factor “(e) deterioration of site
or other improvements,” by evidence of overall maintenance deficiencies within the plan area
including, deterioration, poorly maintained landscaping, and overall neglect.
• Neglected Properties or Evidence of Maintenance Deficiencies
• Deteriorated Signage or Lighting
• Deteriorated Fences, Walls, or Gates
• Deteriorated On-Site Parking Surfaces, Curb and Gutter, or Sidewalks
• Unpaved Parking Lot (Commercial Properties)
• Poor Parking Lot/Driveway Layout
• Poorly Maintained Landscaping/Overgrown Vegetation
Infrastructure
The observation of the following infrastructure insufficiencies is evidence of Urban Renewal Law
blight factor “(f) unusual topography or inadequate public improvements or utilities.”
• Deteriorated Pavement, Curb, Sidewalks, Lighting, or Drainage
• Lack of Pavement, Curb, Sidewalks, Lighting, or Drainage
• Presence of Overhead Utilities or Billboards
• Inadequate Fire Protection Facilities/Hydrants
• Inadequate Sanitation or Water Systems
• Unusual Topography
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Vacancy
The following conditions are evidence of Urban Renewal Law blight factor “(k) 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 primary
visual condition observed is building vacancy.
• An Undeveloped Parcel in a Generally Urbanized Area
• Disproportionately Underdeveloped Parcel
• Vacant Structures
• Vacant Units in Multi-Unit Structures
Other Considerations
The remaining five blight factors specified in the Urban Renewal Law were not investigated
further due to sufficient evidence from the visual field survey supporting a condition of blight in 6
of the 11 blight factors.
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.
(g) Defective or unusual conditions of title rendering the title nonmarketable.
(h) The existence of conditions that endanger life or property by fire or 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.
Results o f F i e l d Survey
This section summarizes the findings of the visual field survey of the Study Area conducted in
July 2018. Table 2 on the next page documents the blight conditions observed. These conditions
are then further detailed by category. Image documentation and the location of blight conditions
are presented in Appendix A of this report.
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Table 2
Visual Conditions of Blight Observed
1.01 Deteriorated External Walls / Visible Foundation X
1.02 Deteriorated Roof X
1.03 Deteriorated Fascia/Soffits X
1.04 Deteriorated Gutters/Downspouts X
1.05 Deteriorated Exterior Finishes X
1.06 Deteriorated Windows and Doors X
1.07 Deteriorated Stairways/Fire Escapes/Loading Docks X
1.08 Deteriorated Ancillary Structures X
2.01 Inadequate Street or Alley Width / Cross-section / Geometry
2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X
2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X
2.04 Insufficient Roadway Capacity Leading to Unusual Congestion
2.05 Inadequate Emergency Vehicle Access
2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X
2.07 Excessive Curb Cuts / Driveways along Commercial Blocks
2.08 Poor Internal Vehicular or Pedestrian Circulation X
4.01 Floodplains or Flood Prone Areas
4.02 Inadequate Storm Drainage Systems/Evidence of Standing Water X
4.03 Poor Fire Protection Facilities
4.04 Above Average Incidences of Public Safety Responses
4.05 Inadequate Sanitation or Water Systems
4.06 Existence of Contaminants or Hazardous Conditions or Materials
4.07 High or Unusual Crime Statistics
4.08 Open / Unenclosed Trash Dumpsters X
4.09 Cracked or Uneven Surfaces for Pedestrians X
4.10 Illegal Dumping / Excessive Litter X
4.11 Vagrants/Vandalism/Graffiti/Gang Activity X
4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas X
4.13 Poorly lit or unlit areas
4.14 Insufficient grading/steep slopes X
4.15 Unsafe or exposed electrical wire X
5.01 Neglected Properties or Evidence of Maintenance Deficiencies X
5.02 Deteriorated Signage or Lighting X
5.03 Deteriorated Fences, Walls, or Gates
5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X
5.05 Unpaved Parking Lot (Commercial Properties) X
5.06 Poor Parking Lot / Driveway Layout X
5.07 Poorly Maintained Landscaping / Overgrown Vegetation X
6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X
6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X
6.03 Presence of Overhead Utilities or Billboards
6.04 Inadequate Fire Protection Facilities / Hydrants
6.05 Inadequate Sanitation or Water Systems
6.06 Unusual Topography
11.04 An Undeveloped Parcel in a Generally Urbanized Area X
11.05 Disproportionately Underdeveloped Parcel X
11.06 Vacant Structures X
11.07 Vacant Units in Multi-Unit Structures X
VacancyInfrastructure
Conditions Observed
SiteUnsanitary Improvements UnsafeLayout / StreetBuildings
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1. Buildings: slum, deteriorated, or deteriorating structures
All of the structures in the Study Area are commercial buildings. The most prevalent
conditions observed were broken windows, cracks and deterioration in external walls, peeling
exterior paint, and damaged roofs. While broken windows and major exterior wall damage
were observed primarily in vacant structures, other deterioration conditions were observed
throughout the Study Area. The majority of the buildings in the Study Area were constructed
in the 1970s or earlier and a number of the original facades are deteriorating.
2. Street Layout: predominance of defective or inadequate street layout
South College Avenue and McClelland Drive are the major north/south routes for vehicular
traffic within the Study Area. Drake Road is a major arterial and provides the primary
east/west connection while West Thunderbird Drive provides local site access.
Throughout the Study Area, poor provisions of streets and walkways for both pedestrian and
vehicular traffic were observed in the form of deteriorated safety striping, poor internal
circulation, lack of sidewalks, and blocked or constrained site access. South of Drake Road,
the inefficient frontage roads along South College Avenue create a hazard for both
pedestrians and vehicular traffic. These frontage roads present a barrier to site access and
contribute to unsafe conditions for pedestrian traffic.
3. Unsafe/Unsanitary: unsanitary or unsafe conditions
Throughout the Study Area, unsafe and unsanitary conditions were documented, including
open/unenclosed trash dumpsters, cracked or uneven sidewalk surfaces, illegal dumping and
litter, graffiti and vandalism, exposed electrical wires, and steep slopes. The most prevalent
conditions were the presence of unenclosed/open dumpsters and excessive litter, primarily in
less trafficked areas.
In several areas attempts to cover graffiti were evident, while in other areas some graffiti
was left untreated. Vandalism in the form of broken windows was also documented in most
of the vacant structures, along with excessive litter and dumping.
4. Site Improvements: deterioration of site or other improvements
The deterioration and overall neglect of properties throughout the Study Area is well
documented. The main conditions of site deterioration include the deterioration of signage,
deteriorated parking surfaces and curbs, poorly maintained vegetation, and poor
parking/driveway layouts. Most of the onsite parking areas showed major deterioration, in
many cases creating a safety hazard. Overall, there was evidence that site improvements
throughout the area are not being maintained.
5. Infrastructure: unusual topography or inadequate public improvements or utilities
Inadequate infrastructure was observed throughout the Study Area, predominantly in the
form of deteriorated or missing curbs and sidewalks. Other inadequate utility systems could
not be observed visually. The majority of missing and deteriorated public improvements were
located in parking lot landscaping islands and sidewalks interior to the sites that were
unkempt. There are also several missing sidewalk connections.
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Along South College Avenue, tree roots underneath the sidewalk stonework has created
unstable walking surfaces. There is evidence that asphalt was placed over top of the
stonework to level the surface; however, this temporary fix is not effective and is showing
signs of deterioration.
6. Vacancy: 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
There is a total of 102,735 square feet of vacant buildings in the Study Area, including
spaces previously occupied by KMart, Cricket, and Tri City Paint, compared to 37,907 square
feet of occupied space - a 73 percent vacancy factor overall. In addition to vacant structures,
the Study Area can be characterized as underutilized with an average 0.16 floor area ratio
(FAR) overall (140,642 square feet of building / 892,280 square feet of land area), which is
well below the average of 0.25 FAR or greater found in other segments of the College Avenue
Corridor. Largely vacant or underutilized and undeveloped parcels were documented in the
Study Area including Parcels 6, 7, and 9. Parcel 7 and the portion of Parcel 6 at the corner of
McClelland Drive and Drake are underutilized by the existing Automobile Dealership. Parcel 9
is a small vacant parcel interior to the south block.
Other Considerations
The team collected and analyzed additional non‐visual information on the Study Area that
contributed to the documentation of blight factors.
Nuisance Violations
Nuisance violations cover multiple Urban Renewal Law blight factors including, “d) Unsanitary or
unsafe conditions” and “(e) Deterioration of site or other improvements.” The City of Fort Collins
Neighborhood Services Department issues notices for violations of the nuisance code related to
the misuse of property. From January 2013 to August 2018 the Study Area had a total of 22
nuisance violations, as shown in Table 3. Nuisance violations in the Study Area consisted of
twelve unmaintained weeds violations, six outdoor storage and rubbish violations, three un-
shoveled snow violations, and one noxious weeds violation, shown in Figure 2.
Table 3
Nuisance Violations, 2013-2018
2013-2018 [1]
Description 2013 2014 2015 2016 2017 2018 [1] Total
Study Area 3 7 6 0 3 3 22
City of Fort Collins 7,037 8,634 8,684 9,387 12,094 7,674 53,510
[1] 2018 count is year to date (August 1)
Source: City of Fort Collins; Economic & Planning Systems
H:\173061-Fort Collins Urban Renewal Authority\Data\[173061-Nuisance Violations and Crime.xlsx]T-Nuisance Violations
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Figure 2
Study Area Nuisance Code Violations, January 2013 – August 2018
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Crime
High or unusual crime is one determining criteria for the Urban Renewal Law blight factor “(d)
Unsanitary or unsafe conditions.” Fort Collins Police Services provided both incident related data
and offense related data for the Study Area. Incident related data includes any and all police
calls generated, regardless of whether or not a crime is committed. Offense related data pertains
to only criminal offenses. There were a total of 858 police incidents and criminal offenses in the
Study Area from 2015 to 2018, as shown in Table 4. Based on this data, there is no evidence of
high or unusual crime in the Study Area.
Table 4
Police Incidents and Offenses, 2015-2018
Transportation
Evaluation criteria for the Urban Renewal Law blight factor,”(b) predominance of defective or
inadequate street layout,” assess the safety, quality, and efficiency of street layouts, site access,
and internal circulation. The team reviewed traffic volumes, operations, and safety related
information for the intersection of College Avenue and Drake Road.
The intersection is the third busiest intersection in the City and sees about 73,500 entering
vehicles per day. Over the past 15 years the vehicle per day count has fluctuated between
72,000 and almost 76,000. City of Fort Collins Staff indicated that because the intersection is at
capacity, any area growth over the past 15 years has relied on alternate routes thus resulting in
static vehicle per day counts.
Levels of Service are calculated by determining an average delay in seconds per vehicle entering
the intersection, then assigning a letter grade. For College and Drake, the intersection is at a
Level of Service “D” in the evening rush hour. Every entering vehicle in the afternoon rush hour
has an average delay of 52 seconds in getting through the intersection. During the evening rush
hour there are 6,200 entering vehicles which collectively experience a total of 90 hours of delay,
which results in congestion, added emissions, and safety concerns.
The national Highway Safety Manual uses a statistical evaluation to determine whether an
intersection has more crashes than what would be expected given geometry and volumes. At
College and Drake this evaluation expects 47 crashes per year with nine that involve some level
2015-2018 YTD
Description 2015 2016 2017 2018 YTD Total
Police Incidents
Study Area 202 191 232 155 780
City of Fort Collins 104,202 111,149 110,590 69,499 395,440
Offenses
Study Area 19 24 20 15 78
City of Fort Collins 11,696 12,227 11,836 6,994 42,753
Source: Economic & Planning Systems
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of injury. The intersection has an average of about 55 crashes per year, 11 of which involve
some level of injury, and four of those are considered severe (non-incapacitating or
incapacitating injuries). This intersection has six extra non-injury crashes and two extra injury
crashes each year. The societal costs of the extra crashes is $344,000 per year. In terms of
ranking, this intersection is number seven in the City in terms extra crash costs.
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3. CONCLUSIONS
Based on the definition of a blighted area in the Colorado Urban Renewal Law, Colorado Revised
Statutes (C.R.S.) § 31‐25‐101 et seq., and based on the field survey results of the Study Area,
EPS concludes that the Study Area is a blighted area as defined in the Colorado Urban Renewal
Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq.
The visual field survey conducted in July 2018 documented 6 of the 11 factors of blight within
the Study Area. Therefore, this blighted area, as written in the Urban Renewal Law,
“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.”
Evidence of the following Urban Renewal Law blight factors are documented in this report:
(a) Slum, deteriorated, or deteriorating structures.
(b) Predominance of defective or inadequate street layout.
(d) Unsanitary or unsafe conditions.
(e) Deterioration of site or other improvements.
(f) Unusual topography or inadequate public improvements or utilities.
(k.5) The existence of health, safety, or welfare factors requiring high levels of municipal
services or substantial physical underutilization or vacancy of sites, buildings, or other
improvements.
Evidence of the following Urban Renewal Law blight factors were not visually observable, and
based on the presence of other, more significant physical conditions, these factors of blight did
not warrant further investigation.
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.
(g) Defective or unusual conditions of title rendering the title nonmarketable.
(h) The existence of conditions that endanger life or property by fire or 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.
As established by Urban Renewal case law in Colorado, this assessment is based on the condition
of the Study Area as a whole, and recognizes that there are properties within the Study Area in
standard condition. However, there is substantial evidence and documentation of 6 of the 11
blight factors in the Study Area as a whole, predominately in the vacant structures and
underutilized parcels.
Appendix A
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Figure 3
Image Location Reference Map
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1 2 3
4 5 6
7 8 9
10 11 12
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13 14 15
16 17 18
19 20 21
22 23 24
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25 26 27
28 29 30
31 32 33
34 35 36
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37 38 39
40 41 42
43 44 45
46 47 49
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50 51 52
53 54 55
56 57 58
59 60 61
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 24 Appendix A
62 63 64
65 66 67
68 69 70
71 72 73
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 25 Appendix A
74 75 76
77 78 79
80 81 82
83 84 85
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 26 Appendix A
86 87 88
89 90 91
92 93 94
95 96 97
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 27 Appendix A
98 99 100
101 102 103
104 105 106
107 108 109
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 28 Appendix A
110 111 112
113
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 29 Appendix A
Image Number
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 26 27 28 29 30
1.01 Deteriorated External Walls / Visible Foundation X X
1.02 Deteriorated Roof X X
1.03 Deteriorated Fascia/Soffits
1.04 Deteriorated Gutters/Downspouts X
1.05 Deteriorated Exterior Finishes X X X
1.06 Deteriorated Windows and Doors X X X X X
1.07 Deteriorated Stairways/Fire Escapes/Loading Docks
1.08 Deteriorated Ancillary Structures
2.01 Inadequate Street or Alley Width / Cross-section / Geometry
2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X X X
2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X
2.04 Insufficient Roadway Capacity Leading to Unusual Congestion
2.05 Inadequate Emergency Vehicle Access
2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X
2.07 Excessive Curb Cuts / Driveways along Commercial Blocks
2.08 Poor Internal Vehicular or Pedestrian Circulation X X
4.01 Floodplains or Flood Prone Areas
4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water
4.03 Poor Fire Protection Facilities
4.04 Above Average Incidences of Public Safety Responses
4.05 Inadequate Sanitation or Water Systems
4.06 Ex istence of Contaminants or Hazardous Conditions or Materials
4.07 High or Unusual Crime Statistics
4.08 Open / Unenclosed Trash Dumpsters X
4.09 Cracked or Uneven Surfaces for Pedestrians X X X
4.10 Illegal Dumping / Excessive Litter
4.11 Vagrants/Vandalism/Graffiti/Gang Activity X
4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas
4.13 Poorly lit or unlit areas
4.14 Insufficient grading/steep slopes
4.15 Unsafe or exposed electrical wire X X X X
5.01 Neglected Properties or Evidence of Maintenance Deficiencies X
5.02 Deteriorated Signage or Lighting X X X X
5.03 Deteriorated Fences, Walls, or Gates
5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X X X
5.05 Unpaved Parking Lot (Commercial Properties)
5.06 Poor Parking Lot / Driveway Layout X X ?
5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X
6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X
6.02 Lack of pavement, curb, sidewalks, lighting, or drainage
6.03 Presence of Overhead Utilities or Billboards
6.04 Inadequate Fire Protection Facilities / Hydrants
6.05 Inadequate Sanitation or Water Systems
6.06 Unusual Topography
11.04 An Undeveloped Parcel in a Generally Urbanized Area
11.05 Disproportionately Underdeveloped Parcel
11.06 Vacant Structures X
11.07 Vacant Units in Multi-Unit Structures X X X
Vacancy InfrastructureImprovements SiteLayout Unsafe / Unsanitary Street Buildings
Table 5
Blight Conditions Image Reference, 1-30
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 30 Appendix A
Image Number
31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60
1.01 Deteriorated External Walls / Visible Foundation X X X
1.02 Deteriorated Roof
1.03 Deteriorated Fascia/Soffits
1.04 Deteriorated Gutters/Downspouts
1.05 Deteriorated Exterior Finishes X X X X X
1.06 Deteriorated Windows and Doors
1.07 Deteriorated Stairways/Fire Escapes/Loading Docks X
1.08 Deteriorated Ancillary Structures X
2.01 Inadequate Street or Alley Width / Cross-section / Geometry
2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X
2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X
2.04 Insufficient Roadway Capacity Leading to Unusual Congestion
2.05 Inadequate Emergency Vehicle Access
2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites
2.07 Excessive Curb Cuts / Driveways along Commercial Blocks
2.08 Poor Internal Vehicular or Pedestrian Circulation X X
4.01 Floodplains or Flood Prone Areas
4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water
4.03 Poor Fire Protection Facilities
4.04 Above Average Incidences of Public Safety Responses
4.05 Inadequate Sanitation or Water Systems
4.06 Ex istence of Contaminants or Hazardous Conditions or Materials
4.07 High or Unusual Crime Statistics
4.08 Open / Unenclosed Trash Dumpsters X X
4.09 Cracked or Uneven Surfaces for Pedestrians X X X
4.10 Illegal Dumping / Excessive Litter X X X X X
4.11 Vagrants/Vandalism/Graffiti/Gang Activity
4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas
4.13 Poorly lit or unlit areas
4.14 Insufficient grading/steep slopes
4.15 Unsafe or exposed electrical wire X
5.01 Neglected Properties or Evidence of Maintenance Deficiencies X X
5.02 Deteriorated Signage or Lighting X
5.03 Deteriorated Fences, Walls, or Gates
5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X X
5.05 Unpaved Parking Lot (Commercial Properties)
5.06 Poor Parking Lot / Driveway Layout X
5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X X X X X X X
6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X X
6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X
6.03 Presence of Overhead Utilities or Billboards
6.04 Inadequate Fire Protection Facilities / Hydrants
6.05 Inadequate Sanitation or Water Systems
6.06 Unusual Topography
11.04 An Undeveloped Parcel in a Generally Urbanized Area
11.05 Disproportionately Underdeveloped Parcel
11.06 Vacant Structures
11.07 Vacant Units in Multi-Unit Structures
Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings
Table 6
Blight Conditions Image Reference, 31-60
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 31 Appendix A
Image Number
61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90
1.01 Deteriorated External Walls / Visible Foundation X
1.02 Deteriorated Roof X
1.03 Deteriorated Fascia/Soffits X
1.04 Deteriorated Gutters/Downspouts X
1.05 Deteriorated Exterior Finishes X X X X X X X X X
1.06 Deteriorated Windows and Doors X X
1.07 Deteriorated Stairways/Fire Escapes/Loading Docks
1.08 Deteriorated Ancillary Structures X
2.01 Inadequate Street or Alley Width / Cross-section / Geometry
2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X
2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X X X
2.04 Insufficient Roadway Capacity Leading to Unusual Congestion
2.05 Inadequate Emergency Vehicle Access
2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X X X
2.07 Excessive Curb Cuts / Driveways along Commercial Blocks
2.08 Poor Internal Vehicular or Pedestrian Circulation X
4.01 Floodplains or Flood Prone Areas
4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water X
4.03 Poor Fire Protection Facilities
4.04 Above Average Incidences of Public Safety Responses
4.05 Inadequate Sanitation or Water Systems
4.06 Ex istence of Contaminants or Hazardous Conditions or Materials
4.07 High or Unusual Crime Statistics
4.08 Open / Unenclosed Trash Dumpsters X
4.09 Cracked or Uneven Surfaces for Pedestrians X X
4.10 Illegal Dumping / Excessive Litter X
4.11 Vagrants/Vandalism/Graffiti/Gang Activity X X X
4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas
4.13 Poorly lit or unlit areas
4.14 Insufficient grading/steep slopes
4.15 Unsafe or exposed electrical wire X X
5.01 Neglected Properties or Evidence of Maintenance Deficiencies X
5.02 Deteriorated Signage or Lighting X X X
5.03 Deteriorated Fences, Walls, or Gates
5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks X
5.05 Unpaved Parking Lot (Commercial Properties) X X
5.06 Poor Parking Lot / Driveway Layout X
5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X
6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X
6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X X X
6.03 Presence of Overhead Utilities or Billboards
6.04 Inadequate Fire Protection Facilities / Hydrants
6.05 Inadequate Sanitation or Water Systems
6.06 Unusual Topography
11.04 An Undeveloped Parcel in a Generally Urbanized Area
11.05 Disproportionately Underdeveloped Parcel
11.06 Vacant Structures X X
11.07 Vacant Units in Multi-Unit Structures
Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings
Table 7
Blight Conditions Image Reference, 61-90
College and Drake URA Existing Conditions Survey
July 20, 2018
Economic & Planning Systems, Inc. 32 Appendix A
Image Number
91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113
1.01 Deteriorated External Walls / Visible Foundation
1.02 Deteriorated Roof
1.03 Deteriorated Fascia/Soffits
1.04 Deteriorated Gutters/Downspouts
1.05 Deteriorated Exterior Finishes
1.06 Deteriorated Windows and Doors
1.07 Deteriorated Stairways/Fire Escapes/Loading Docks
1.08 Deteriorated Ancillary Structures
2.01 Inadequate Street or Alley Width / Cross-section / Geometry
2.02 Poor Provision of Streets or Unsafe Conditions for Vehicular Traffic X X X X
2.03 Poor Provision of Sidewalks/Walkways or Unsafe Conditions for Pedestrians X X X X
2.04 Insufficient Roadway Capacity Leading to Unusual Congestion
2.05 Inadequate Emergency Vehicle Access
2.06 Poor Vehicular or Pedestrian Access to Buildings or Sites X
2.07 Excessive Curb Cuts / Driveways along Commercial Blocks
2.08 Poor Internal Vehicular or Pedestrian Circulation X
4.01 Floodplains or Flood Prone Areas
4.02 Inadequate Storm Drainage Systems/Ev idence of Standing Water
4.03 Poor Fire Protection Facilities
4.04 Above Average Incidences of Public Safety Responses
4.05 Inadequate Sanitation or Water Systems
4.06 Ex istence of Contaminants or Hazardous Conditions or Materials
4.07 High or Unusual Crime Statistics
4.08 Open / Unenclosed Trash Dumpsters X
4.09 Cracked or Uneven Surfaces for Pedestrians
4.10 Illegal Dumping / Excessive Litter X
4.11 Vagrants/Vandalism/Graffiti/Gang Activity
4.12 Open Ditches, Holes, or Trenches in Pedestrian Areas X
4.13 Poorly lit or unlit areas
4.14 Insufficient grading/steep slopes X X
4.15 Unsafe or exposed electrical wire X
5.01 Neglected Properties or Evidence of Maintenance Deficiencies X
5.02 Deteriorated Signage or Lighting
5.03 Deteriorated Fences, Walls, or Gates
5.04 Deteriorated On-Site Parking Surfaces, Curb & Gutter, or Sidewalks
5.05 Unpaved Parking Lot (Commercial Properties) X
5.06 Poor Parking Lot / Driveway Layout X X
5.07 Poorly Maintained Landscaping / Overgrown Vegetation X X X
6.01 Deteriorated pavement, curb, sidewalks, lighting, or drainage X X X X X X
6.02 Lack of pavement, curb, sidewalks, lighting, or drainage X X X X X
6.03 Presence of Overhead Utilities or Billboards
6.04 Inadequate Fire Protection Facilities / Hydrants
6.05 Inadequate Sanitation or Water Systems
6.06 Unusual Topography
11.04 An Undeveloped Parcel in a Generally Urbanized Area X X X
11.05 Disproportionately Underdeveloped Parcel X
11.06 Vacant Structures
11.07 Vacant Units in Multi-Unit Structures
Vacancy InfrastructureImprovements SiteUnsanitary UnsafeLayout / Street Buildings
Table 8
Blight Conditions Image Reference, 91-113
EXHIBIT B
Urban Renewal Authority
222 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.416.2231
970.224.6107 - fax
fcgov.com
December 20, 2019
Dear Property Owner:
The primary purpose of this letter is to inform you that the Fort Collins City Council will
conduct a public hearing Tuesday, January 21, 2020, at 6:00 p.m. in the Council Chambers,
City Hall West, 300 LaPorte Avenue to consider the following around the intersection of College
Avenue and Drake Road:
1. Adoption of an Urban Renewal Plan
2. Adoption of an existing conditions survey finding conditions of blight
3. Determine whether to authorize the use of eminent domain for the acquisition of private
property interests within the Urban Renewal Plan area for the purpose of undertaking an
urban renewal project
A map showing the area included in the proposed Urban Renewal Plan is on the back of this
letter.
An Urban Renewal Plan is intended to stimulate private sector development in and around a
designated area. A combination of private investment, URA financing, and public investment
will assist progress toward the following 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 conditions in the area that may hinder 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 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.
The City of Fort Collins considers your interest and input in this matter an extremely important
part of this process. If you are unable to attend the Council’s public hearing, but would like to
provide input, written comments are welcome. Please email comments or questions to
cfrickey@fcgov.com. The mailing list for this public meeting was derived from official records of
the Larimer County Assessor and City records. You may access a draft of the proposed plan at
https://www.renewfortcollins.com/img/site_specific/uploads/Draft_College_and_Drake_Urban_R
enewal_Plan.pdf.
Sincerely,
Clay Frickey, AICP
Redevelopment Program Manager | Fort Collins Urban Renewal Authority
970.416.2517 | cfrickey@fcgov.com
EXHIBIT C
Urban Renewal Authority
222 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.416.2231
970.224.6107 - fax
fcgov.com