HomeMy WebLinkAboutResolution 2014-0009CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 09
Series of 2014
TITLE: A RESOLUTION APPROVING A FIRST AMENDMENT
TO THE 1-70/KIPLING CORRIDORS URBAN
RENEWAL PLAN TO ALLOW FOR THE UTILIZATION
OFT AX INCREMENT FINANCING
WHEREAS , in May 2009 , the Wheat Ridge City Council approved an urban
renewal plan , known as the 1-70/Kipling Corridors Urban Renewal Plan (the Urban
Renewal Plan ) Exhibit A for the elimination of blight and redevelopment of certain
portions of the City ; and
WHEREAS , such Urban Renewal Plan includes the area described in Exhibit B
hereto , which is the location of the MVG Development property ; and
WHEREAS, Section 7.7 of the Urban Renewal Plan provided for the utilization of
sales and property tax incremental revenue sources within the redevelopment area ; and
WHEREAS , in compliance with the Urban Renewal Law of Colorado , C.R.S . §
31-25-101 et seq., the Wheat Ridge Urban Renewal Authority desires to implement the
use of tax increment financing for the project area described in Exhibit B ;
WHEREAS , this first amendment to the Urban Renewal Plan is considered a
substantial modification and therefore requires a 30 -day notice to all property and
business owners and the County Commissioners in the Urban Renewal Plan project
area and requires the City's Planning Commission to review the modification and its
conformity to the City's general plan for development as a whole ; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
Section 1. The City Council hereby adopts this resolution amending Section 8 of
the Urban Renewal Plan for the utilization of property and sales tax increment for the
MVG Development project.
ATIEST:
Exhibit A
1-70/ Kip ling Corridors
Urban Renewal Plan
Wheat Ridge , Colorado
May 2009
Prepared for:
Wheat Ridge Urban Renewal A uthority
Wheat Ridge, Colorado City Council
Prepared by:
LeLand Consulting Group (LCG)
LELAND CONSUl.li NG GROUP (20 j u ly 2009)
1
1-70 I Kipling Corridors
Urban Renewal Plan
Wheat Ridge, Colorado
Table of Contents
Section 1.(}.
1.1
1.2
1.3
1.4
Section 2.0
Section 3.0
3 .1
Section 4.0
Section 5.0
Section 6.0
6.1
6.2
6.3
Section 7.0
7.1
7.2
7.3
7.4
7.5
7 .6
7.7
7.8
7.9
7.10
7 .11
7.12
7.13
7.14
Introduction
Preface
Blight Findings
Other Findings
Urban Renewal Area Boundaries
1 .4 .1 Boundary Map of Urban Renewal Area
Definitions
Purpose of the Plan
Public Partidpation
Qualifying Conditions
Relationship to Comprehensive Plan
Plan Objectives
General Descriptions
Development and Design Objectives
Public Investment Objectives
Authorized Urban Renewal Undertakings and Activities
Public lmprovements and Facilities
Other Improvements and Facilities
Development Opportunities -Catalyst Projects
Development Standards
Variations in the Plan
Urban Renewal Plan Review Pr ocess
Project Financing and Creation of Tax Increment Areas
Property Acquisition and Land Assemblage
Relocation Assistance
Demolition, Oearance, Environmental Remediation, and Site Prep
Property Disposition
Redevelopment and Rehabilitation Actions
Redevelopment I Development Agreements
Cooperation Agreements
L ELAND CONSULTI NG GROUP (20 July 2009)
4
6
10
11
13
14
18
2
1-70 I Kipling Conidors
Urban Renewal Plan
Wheat Ridge, Colorado
Table of Contents
Section 8.0
8.1
8.2
8.3
8.4
Section 9.0
Appendix
Appendix A;
Appendix B:
AppendixC:
Attacllment 1:
AttAchment 2:
Project Finmdng
Public Investment Objective
Authorization
Project Revenues
8.3.1 Tax Increment Financing
8.3.2 Distribution ofT ax Revenues
Other Financing Mechanisms / Structures
Severability
Urban Renewal Area Lepl Description
Urban Renewal PIAn Concept Map
City of Wheat Ridge Comprehensive Plan, Upated 2000 References
1-70 I Kipling Conidora Conditions Survey
1-70 I Kipling Conidom Jefferson County Impact Report
LELAND CONSULTING GROUP (20 July 2009)
26
28
3
1-70 I Kipling Corridors
Urban Renewal Plan
V\lheot Ridge, Colorado
1.0 Preface and Background
1.1 Preface
This 1-70 I Kipling Corridors Urban Renewal Plim (the "Plan" or the "Urban
Renewal Plan") has been prepared by the Wheat Ridge Urban Renewal
Authority (the "AuthoritY') for the City of Wheat Ridge ("'City"). It will be
carried o ut by the Authority, pursuant to the provisions of the Urban Renewal
Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised
Statutes, 1973, as amended (the "Act"). The administration and implementation
of this Plan, including the preparation and execution of any documents
implementing it shall be performed by the Authority.
1.2 Blight Findings
Under the Act. an urban renewal area is a blighted area, which has been
designated as appropriate for an urban renewal project In each urban renewal
area, conditions of blight as defined by the Act must be present and in order for
the Authority to exercise its powers, the City Com1cil must find that the presence
of those conditions of blight. "substantially impairs or arrests the sound growth
of the municipality or constitutes an economic or social liability, and is a menace
to the public health, safety, morals or welfare."
LELAND CONSULTING GROUP (20 July 2009)
The I-70 I Kipling Corridors Conditions Survey, prepared by Matrix DesigJt Group,
submitted June 2009, which is attached hereto as Attachment 1 (the USIJght
Study''·), demonstrates that the I-70 I Kipling Corridors Area (uStudy Area"), as
defined in the Blight Study, is a blighted area under the Act
L3 Other Findings
The Area is appropriate for one or more urban renewal projects and other
underta.lcings authorized by the Act to be advanced by the Authority. Projects
could require the demolition and clearance of certain public and private
improvements within the Area as provided in this Plan. If this is the case, such
actions will be determined to be necessary in order to eliminate unsafe
conditio118, obsolete and other uses detrimental to the public welfare, and
otherwise remove and prevent the spread of deterioration.
The Authority has the d.i.scretion to create a single or several tax increment areas
within a single urban renewal planning area. In addition, it is at the Authority's
discretion whether or not to initiate creation of one or several tax increment areas
at the time the Plan is adopted by City Council Factors that could support
creation of a tax increment district include announcem~t of a specific project or
prevailing or impending market and I or economic conditions.
Further, the Authority is entitled to aU powers authorized in the Acl It is the
intent of the City Council in adopting this Plan that the Authority exercise aU
powers which are necessary, convenient or appropriate to accomplish the
objectives of the Plan. In addition, it is the intent of the Plan that the Authority
exercise aU such powers as may now be possessed or hereafter granted for the
elimination of qualifying conditiol18 in the Area.
LELAND CONSULTING GROUP (20 July 2009)
5
The powers conferred by the Act are for public uses and purposes for which
public money may be expended and police powers exercised; and, this Plan is in
the public interest and necessity -such finding being a matter of legislative
determination by the City Council.
1.4 Urban Renewal Area Boundaries
The proposed I -70 I Kipling Corridors Urban Renewal Area (referred to herein
as Nthe Urban Renewal Area" or "the Area•) is located within the City of Wheat
Ridge and Jefferson County, Colorado as delineated in Figure No. 1 and
described in the legal description presented in the Appendix. The boWldaries of
the Area generally include properties roughly following a U-shaped corridor that
runs north along Interstate 70 beginning at 32nd Avenue, then east along the
Interstate Wltil Kipling Street, and 6nally south along Kipling Street until 26 th
Avenue. The survey area contains 649 real property parcels. In terms of land
area, the Area consists of approx:t:mately 1,189 total acres (including any streets or
rights-of-way) of which approximately 8U acres lie within real property parcels.
1.4..1 Figure 1, 1-70 I Kipling Corridon Area
The Plan Concept Map is presented in Appendix B.
2.0 Definitions
In addition to terms previously defined in the text, the following terms are used
in this Plan:
LELAND CONSULTING GROUP (20 July 2009)
6
Figure No.1
LELAI\.0 COI'\SULTII'-IG GROUP (20 July 2009)
7
Act-means the Urban Renewal Law of the Sta te of Colorado, Part 1 of Article 25
of Title 31, Colorado Revised Statutes, as amended.
Area or Urban Renewal Area-means the 1-70 f Kipling Corridors Urban
Renewal Area as depicted in Figure 1 and legally described in the Appendix.
Authority-means the Wheat Ridge Urban Renewal Authority.
Blight Study-means the 1-70 I Kipling Co rridors Conditions Suroey, prepared by
Matrix Design Group, submitted June 2009 , incorporated herein by this
reference.
City -means the City of Wheat Ridge, a home-rule municipal corporation of the
State of Colorado.
City Council -means the City Council of the City of Wheat Ridge .
City Tax or City Taxes -means, collectively, taxes imposed by the City on
certain transactions.
Comprehensive Plan-the City of Wheat Ridge Area Comprehensive Plnn, Updated
2000 (the "Comprehensive Plan").
Cooperation Agreement-means any agreement between the Authority and
City, one or more Metropolitan Districts, or any public body (the term "public
body" being used in this Plan as defined by the Act) respecting action to be taken
pursuant to any of the powers set forth in the Act or in any other provision of
Colorado la w, for the purpose of facilitating public undertakings deemed
necessary or appropriate by the Authority under this Plan .
L E I A'\ D C0NC.,U1 111\.C.. GROUP (20 f u ly 2009)
8
C.R.S. -means the Colorado Revised Statutes, as amended from time to time.
Impact Report-means the 1-70 I Kipling Corridors, ltfferson Counly Impact Report
prepared by Leland Consulting Group, dated July, 2009, attached hereto as
Attaclunent 2 and incorporated herein by this reference.
Improvement District -means a special dis1rict created to make improvements,
typically to public space infrastructure, in a given area.
Wheat Ridge Comprehensive Plan -means City of'Wheilt Ridge Area
Comprehensive Plan, Updated 2000, as such plan has been or may be amended
from time to time.
Plan or Urban Renewal Plan -means this I -70 I Kipling Corridors Urban Renewal
Plan.
Property Tax lnaement Area -means that portion of the Area designated as a
property tax increment area
Redevelopment I Development Agreement -means one or more agreements
between the Authority and developer(s) and I or property owners or such other
individuals or entities as may be determined by the Authority to be necessary or
desirable to carry out the purposes of this Plan.
Sales Tax -means the municipal sales tax imposed by the City on certain
transactions.
Sales Tax 1naement Area -means any portion of the Area designated as a sales
tax increment area.
LELAND CONSULTING GROUP (20 July 2009)
9
Tax Increment Area-means a portion of the Area designated as a Property Tax
and/ or Sales Tax Increment Area.
3.0 Purpose of the Plan
The purpose of the 1-70 I Kipling Corridors Urban Renewal Plan is to reduce,
eliminate and prevent the spread of blight within the Area and to stimulate
growth and investment within the Area boundaries. To accomplish this purpose,
the Plan promotes local objectives with respect to appropriate land uses, private
investment and public improvements, provided that the delineation of such
objectives shall not be construed to require that any particular project necessarily
promote all such objectives. Specifically, the Plan promotes an environment
which allows for a range of uses and product types, as supported by the aty of
Wheat Ridge Area Comprehensive Plan, Updated 2000 and any subsequent updates,
as well as any other relevant policy documents whici1leverage the community's
investment in public improvement projects in the Area.
While the principal goal of this urban renewal effort, as required by the Act. is to
afford maximum opportunity consistent with the sound needs of the City of
Wheat Ridge as a whole, and to develop and rehabilitate the Area by private
enterprise; it is not intended to replace the efforts of area business development
entities.
3.1 Public Partidpation
The Plan has been made available to business and property owners located
within and adjacent to the Plan boundaries, as well as Wheat Ridge residents at-
large. All stakeholders and residents were also invited to participate in several
LELAND CONSULTING GROUP (20 July 2009)
10
venues: workshops held between April and May 2009 designed to solicit input
on the vision for the Area. In all, more than 100 individuals participated . In
addition, City staff received written comments via e-mail and phone calls.
Notification of the public hearing was provided to property owners and owners
of business concerns at their last known address of record within the Area as
required by the Act Notice of the public hearing to consider the Plan was
published in the Wheat Ridge Tra.nsaipt Presentations were also made at public
meetings of the City Council and Planning Commission during the summer of
2009 to receive comments and input on the process and Plan documents. As
required by the Act, a report outlining the potential impact of the Plan on
Jefferson County was prepared and submitted along with the Plan document to
the County Commissioners of Jefferson County not le.ss than 30 days before
consideration of its approval.
4.0 Qualifying Conditions
Before an urban renewal plan can be adopted by the City, the area must be
determined to be a "blighted area" as defined in Section 31-25-103(2) of the Act,
which provides that, in its present condition and use, the presence of at least four
of the following factors in the Area, substantially impairs or arrests the sound
growth o f the municipality, retards the provision of housing accommodations, or
constib.ltes 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 rehltion to size, adequacy, acassibility, or usefulness;
(d) Unsanitary or unsafe conditions;
L ELAN D CONSU L T I NG GROUP (20 July 20 09 )
11
(e) Deterioration of site or other improwments;
(f) Unusual topography or in.adequate public improvements or utilities;
(g) Defectire or unusual conditions of title rendering the title mmmarketable;
(h) The existence of conditions that endanger life or property by fire or other causes;
(i) Bur1dings thRt 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 .foa'lities;
(j) Environmental contamination of buildings or property;
(k.S) The existence ofheallh. safety, or welfare factors requiring high ~Is of
munidpal seruices or substantial physical underutilization or TJaCJ:mcy of sites,
buildmgs, or other imprCTVmJrnts; or
(l) If there is no objection by the property owner or owners and the tenant or tenants
of such owner or oumers, if any, to the inclusion of such property in an urban
renewal area_ "'blighted artll" also muns an areA that, in its present conditions
and use and, by reason of the presences of any~ of the factors sped fled in
paragraphs (a) tc (k5) of Section 31-25-103(2), substantially impairs or arrests
the sound growth of the municipality, retards the provision ofhcusing
accommodations, or constitutes an economic or soda I liability, and is a menace to
the public h£alth, safety, morals, or welfare.
The Act also provides that. if private property is to be acquired by the Authority
by eminent domain, at least five of the factors specified in Section 31-~103(2)(a)
to (2)(1) must be present
The general methodology for conducting the Blight Study is to: (i) define the
Study Area; (ii) gather information about the Study Area, such as right-of-way
and parcel boundaries, aerial photography, etc.; (iii) evaluate evidence of blight
through field reconnaissance of the Study Area to document observed physical
conditions of blight and, (iv) collect data about blight factors that are not
visually observable.
LELAND CONSULTING GROUP (20 July 2009)
12
Among the 11 qualifying factors identified in the Act. the Blight Study identified
the presence of the following ten blight factors in the Study Area:
(a) Slum, Deteriorated and Deteriorating Structures
(b) Predominance of Defective or Inadequate Street Lllyout
(c) Faulty Lot Layout in Relation to Size, A.deqwlcy, or Usefulness
(d) Unsmzitary or Unsafe Conditions
(e) Deterioration of Site or Other Impromnents
(/) Unuswll Topography or Inll.deqwlte Public Improvements or Utilities
(h) Existence of conditions that endanger lift or property l1y fire and other causes
(i) Buildings that are Unsafe or Unhealthy for Persons to Live or Work
(j) Environmental Contamination ofBw1dings or Property
(k.S) High Levels of Municipal Services or Underutt1ization or Vaazncy of Sites,
Buildings, or Other Improvements
The condition, (g) of Section 31-25-103(2), defective or unusual conditions of title
rendering the title non-marketable, was not investigated.
5.0 Relationship to Comprehensive Plan
A general plan for the City, known as the City of Wheat Ridge Arta ComprehensilJe
Plan, was updated in 2000. The Authority, with the cooperation of the City,
private enterprise and other public bodies, will undertake projects and activities
described in this Plan in order tx> eliminate the conditions of blight identified
herein while implementing the goals and objectives of the City ofWheilt Ridge
Area Comprehensive Plan, Updated 2000 and all subsequent updates. Specific
elements of the City of Wheat Ridge Ar&~ ComprehensirJe Plan, Updated 2000 which
this Plan advances, are presented in Appendix C of this Plan (and taken
verbatim). References &om other adopted and accepted docwnents
LELAND CONSULTING GROUP (20 July 2009)
13
(Repositioning Wheat Ridge, Neighborlwod Revitalization Strategyi and Wheat Ridge
Northwest Sub-Area Plan} that speak to issues within the Urban Renewal Area are
also provided.
Pursuant to Stat2 Statutes, the 1·70 I Kipling Corridors Urban Rmewa1 Plan was
reviewed by the Planning and Zoning Commission on August 6, 2009 and a
Resolution was passed indicating that the Plan was consistent with certain Goals,
Policies and Strategies contained in the t-Vheat Ridge Area Comprehensive Pum,
Updated 2000 and other Oty adopted and accept2d plans.
6.0 Plan O b jectives
6.1 General Description
The vision for the Area as defined by stakeholders involved in the process is:
Redevelopment oft& Urban Renewal Art4 ~sents a unique opportunity to create a sems of
destinations tJud are both region--snuing tmd Wazlly supportivt. T1Us Urlxm Renewal Plan, while
not a rtguUlting document, envisions qwUity materials; notable llTdritecture; &trong internal and
exW"nal connections; and, host environments for public events and cultural vtnues.
New uses IDIIi redevelopment of existing uses may be developtd in mixed-use IDIIi multi-
use Jurm.ats where fo4sible, and in 1111 archilutural style thllt is regionally-releoJtnt.
WltertaS existing neighborlwods will be stllbili.ud, new neighborhoods will be co-located
wilh commerciJU, empluymmt and institutional usts. Improvtmmts in the physical
ru1m will be consistmt and communicate a unified identity tmd brtmd. Connections for
vmidu, pedestrians, bicycks tmd other rrwda of transportJnion wiU be imp1'CIMI and
stmrg~d in ll mtmner tJuzt is rtgiorullly-releoant tmd in accortlizna with the
Architectural tmd Site Design Mtmual.
LELAND CONSULTING GROUP (20 July 2009)
6.2 Development and Design Objectives
All development in the Plan Area shall conform to the zoning and development
codes of the Wheat Ridge Municipal Code, as well as any site-specific zoning
regulations or policies which might impact properties in the Area, all as in effect
and as may be amended from time to time. Codes and regulations present at the
time of any project application and development will apply. No project within
the Urban Renewal Area is vested to previous codes or regulations.
While the Act authorizes the Authority to undertake zoning and planning
activities to regulate land use, maximum densities, and building requirements in
the Area, the City will regulate land use and building requirements.
The primary development objective of this Urban Renewal Plan is strategic
investment in the public realm that will leverage private sector projects.
Potential land uses within the Urban Renewal Area include a range of
commercial, employment (industrial and office), residential, institutionaL
lodging, dvic, cultural and parking. Other, more general development objectives
include flexibility given changing market conditions; adaptability to a range of
uses and product types; and, consistency in building material and development
quality. Specific project goals and objectives identified by the stakeholders, in
collaboration with impacted property owners, that investment within the Urban
Renewal Area should aspire to, include the following:
1. Eliminate and prevent blight
2 Implement elements of the Oty o[Whellt Ridge Compreholsive PIJm, Update
2000 related to urban renewal and the vision of this Plan
3 . Ensure orderly growth throughout the community
4 . Stimulate development of under-utilized land in the Urban Renewal Area
LELAND CONSULTING GROUP (20 July 2 009)
15
5 . Increase property values and strengthen the City's economic base
6. Participate in the long-term economic vitality of the City through quality
(re) development
7. Enhance Wheat Ridge's identity
8 . Preserve existing neighborhoods
9 . Expand the City's commercial activities
10. Maintain a fiscally-prudent base of industrial uses
11 . Encourage growth in primary jobs
12 . Promote Wheat Ridge's cultural heritage
13. Reduce sub-standard uses
14. Support stronger code enforcement
15. Improv e relationships between uses in the Urban Renewal Area and
surrounding areas
16. Provide uses supportive of and complementary to planned improvements
1 7. Promote a variety of h o using product types to address multiple segments
of the populous
18. Advance cultural art programs and capital investments
19. Unify uses and plan components (signage, street furniture, landscaping)
20. Support preservation of historic structures
21 . Expand service facilities (police, fire, library, recreation and/ or senior)
Economic Development
22. Encourage the continued presence of existing viable businesses
23. Attract regional and n a tional businesses
LEL AN D CONSULTI NG GR OUP (20 July 2 009)
16
Financial
24.. Provide a range of financing mechanisms for private property (re)
investment
25. Encourage public~private partnerships
26. Promote economic incentives in order to attract (re) investment
Political
27. Facilitate cooperation among government agencies (taxing entities)
Architecture
28 . Promote "green" development (environmentally sensitive)
29. Raise the quality of building standards in the Urban Renewal Area
30. Encourage higher design standards
Physical
31. Improve the public realm
32. Increase the capacity and quality of infrastructure in the Urban Renewal
Area
33. Develop and enhance community gateways
34. Maintain I develop public gathering spaces (soft and hard)
35. Preserve the area's natural (and man-made) resources
36. Grow the Oty's multi-modal options (bike routes, trails, pedestrian access,
transit)
LELAND CONSULTING GROUP (20 July 2009)
17
6.3 Public Investment Objectives
Existing conditions present within the Aiea will be remedied by the proposed
Plan, but will first need to be identified as a priority public investment item by
the Authority, in consultation with the stakeholders. As it is the intent of this
Plan that improvements will only be partially funded by tax inaement revenues,
creation of special districts and/or other financing disb:icts to serve as
supplemental funding sources will not only be considered, but encouraged.
Experience has proven that a critical component to the success of any urban
renewal effort is participation by both the public and private sectors. nus said,
leveraging of resources will be key as no one entity, either public or private, has
sufficient resources alone to sustain a long-term improvement effort.
7.0 Authorized Urban Renewal Undertakings and Activities
The Act allows for a wide range of activities to be used in the implementation of
an urban renewal plan. In the case of this P~ it is the Authority's intent to
provide incentives to stimulate private investment in cooperation with property
owners and other affected parties in order to accomplish its objectives. Public-
private partnerships and other forms of cooperative development will be key to
the Authority's strategy for preventing the spread of blight and eliminating
existing blight conditions. Reliance on powers such as eminent domain will only
be considered as a final option, as determined by the Oty Council, to achieve the
objectives of this Plan.
7.1 Public Improvements and Facilities
The Authority may undertake certain actions to make the Area more attractive
for private investment 'The Authority may, or cause others to, install, construct,
and reconstruct any public improvements. Additionally, the Authority may, or
LELAND CONSULTI NG GROUP (20 July 2009)
18
cause others to, demolish and clear buildings and existing improvements for the
purpose of promoting the objectives of the Plan and the Act Finally, the
Authority may, or may cause others to, instaD~ construct and reconstruct any
other authorized improvements in the Area, including, without limitation, other
authorized undertakings or improvements for the purpose of promoting the
objectives of this Plan and the Act
Public projects are intended to stimulate (directly and indirectly) private sector
investment in and around the Area. The combination of public and private
investment will assist in the investment and reinvestment of the Area with a
greater intensity and quality of viable commercial, employment, residential and
mixed-use sub-areas supported by multiple forms of transportation and public
spaces contributing to the overall economic well-being of the community.
As described in Section f.O of this Plan, ten qualifying conditions of blight, as
defined in Section 31-25-103(2) of the Act, are evident in the Area. This Plan
proposes addressing each of these conditions through potential completion of the
following public improvements and facilities:
(a) Slum, Deteriorated and Deteriorating Structures: building improvements
including facades, fencing, roof repairs; and, graffiti clean-up;
(b) Predominance of Defective or Inadequate Street Layout completion of
incomplete streets and sidewalks; increased road and intersection
capacity; roadway repairs; and, stronger connections;
(c) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or
Usefulness: (see Predominance of Defective or Inadequate Street Layout);
and, assemblage of small, narrow and awkwardly shaped parcels;
(d) Unsanitary or Unsafe Conditions: pedestrian improvements; ADA
improvements; lighting; bike paths; deferred mainteNnce items
LELAND CONSULTING GROUP (20 July 2009)
19
including cracked and buckled sidewalks; and, roadway improvements
designed to arrest congestion;
(e) Deterioration of Site or Other Improvements: improvements to parking
surfaces; curbs and gutters; and, signs and advertisements;
(f) Unusual Topography or Inadequate Public Improvements or Utilities:
undergrounding of overhead utilities; increasing infrastructure capacity
where necessary; and, completion of curbs, gutters and sidewalks;
(h) Existence of Conditions that Endanger Life or Property by Fire and Other
Causes: sprinklering of commercial buildings; and, improved access for
emergency vehicles;
(i) Buildings That Axe Unsafe or Unhealthy for Persons to Live or Work:
demolition of substandard structures;
(J) Environmental Contamination of Buildings or Property: assistance with
site and building environmental clean-up;
(k.S) Existence of Factors Requiring High Levels of Municipal Services or
Substantial Physical Underutilization or Vacancy of Sites, Buildings or
Other Improvements: stronger code enforcement; site assemblage; site
prep; and, assistance with post-development leasing strategies.
7.2 Other Improvements and Fadlities
There could be other non-public improvements in the Area that may be required
to accommodate development and redevelopment The Authority may assist in
the financing or construction of these improvements.
1.3 Development Opportunities-Catalyst Projects
A key concept associated with implementation of the Plan is targeted investment
that will serve to catalyze development throughout the Area and fund future
LELAND CONSULTING GROUP (20 July 2009)
20
public improvements. The aggregate impact of potential investment within the
Area is reflected in the Impact Report in Attachment 2.
7 .4 Development Standards
All development in the Mea shall conform to applicable rules, regulations,
policies and other requirements and standards of the City and any other
governmental entity which has jurisdiction over all or any portion of the Area.
In conformance with the Act and the Plan, the Authority may adopt design
standards and other requirements applicable to projects undertaken by the
Authority in the Area. Unless otherwise approved by City Council, any such
standards and requirements adopted by the Authority shall be consistent with all
other City zoning and development policies and regulations.
7.5 V ariation.s in the Plan
The Authority may propose, and the City Council may make, such modifications
to this Urban Renewal Plan as may be necessary provided they are consistent
with the City of'Whellt Ridge Comprehensive Plan, Updated 2000 and any subsequent
updates, as well as the Act, or such amendments made in accordance with this
Plan and as otherwise contemplated by this Plan.
The Authority may, in specific cases, allow llOIHUbstantive variations from the
provisions of this Plan if it determines that a literal enforcement of the provision
would constitute an unreasonable limitation beyond the intent and purpose
stated herein.
LELAND CONSULTING GROUP (20 July 2009)
21
7.6 Urb.ut Renewal Plan Review Process
'The review process for the Plan is intended to provide a mechanism to allow
those parties responsible for implementing key projects to periodically evaluate
its effectiveness and make adjustments to ensure efficiency in implementing the
recommended activities .
The following steps are intended to serve as a guide for future Plan review:
(a) The Authority may propose modifications (including expansion of the Plan
boundaries), and the City Council may make such modifications as may be
necessary provided they are consistent with the Oty o[Wheal Ridge
Comprehensive Plan, Updated 2000 and any subsequent updates, as well as
the Act
(b) Modifications may be developed from suggestions by the Authority,
property and business owners, and City staff operating in support of the
Authority and advancement of this Plan.
(c) A series of joint workshops may be held by and between the Authority and
property and business owners to direct and review the development of
Plan modifications.
7.7 Project Financing and Creation of Tax Increment Areas
While projects within the Mea are planned to be primarily privately financed, it
is the intent of the City Council in approving this Urban Renewal Plan to
authorize the use of tax increment financing by the Authority to assist with the
development of these projects. Urban renewal authorities in Colorado are
authorized by statute (C.R.S 31-25-105) to borrow money and accept advances,
LELAND CONSU LTING GRO U P (20 July 2009)
22
loans, grants and contributions from public or private sources, and to issue
bonds to finance their activities or o perations. In practice, an accepted method
for financing urban renewal projects is to utilize incremental property tax and I
or municipal sales tax revenues attributable to redevelopment in the project area
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 the Authority.
The boundaries of the Urban Renewal Area shall be a.s set forth in Appendix A
AS more fully set forth herein this Section 7.7, it is the intent of City Council in
approving this Plan to authorize the use of tax increment financing by the
Authority as part of its efforts to undertake and advance the Plan.
7.8 Property Acquisition and Land Assem.bl1.ge
The Authority may acquire property by negotiation or any other method
authorized by the Act, except that any proposal to acquire property under the
power of eminent domain must be approved by the City Council in accordance
with the Act The Authority may temporarily operate, manage and maintain
property in the Area with the consent of the owner of the property. Such
property shall be under the management and control of the Authority and may
be rented or leased pending its disposition for redevelopment
7.9 Relocation Assistance
It is not anticipated that acquisition of real property by the Authority will result
in the relocation of any individuals, families, or business concerns. However, if
such relocation becomes necessary, the Authority will adopt a relocation plan in
conformance with the Act
L ELAN D C ONSULT I NG G ROU P (20 July 2 009 )
2.3
7.10 Demolition. Oearance, EnvironmenW Remediation. and Site Prep
In carrying out this Plan, it is anticipated that the Authority may, on a case-by-
case basis, elect to demolish and clear buildings, structures and other
improvements. Additionally, development activities consistent with this Plan,
including but not limited to Development or Cooperation Agreements, may
require such demolition and cle arance to eliminate unhealthy, unsanitary, and
unsafe conditions, eliminate obsolete and other uses detrimental to the public
welfar-e, and otherwise remove and prevent the spread of deterioration.
With respect to property acquired by the Authority, it may demolish and clear,
o r contract to demolish and clear, tho se buildings, structures and other
improvements pursuant to this Plan. if in the judgment of the Authority, such
buildings, structures and other improvements canno t be rehabilitated in
accordance with this Plan. The Authority may also undertake such additional
site preparation activities as it deems necessary to facilitate the disposition and
development of such property.
7.11 Property Disposition
The Authority may acquire, 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. Real
property or interests in real p r operty may be sold, leased or otherwise
transferred for use in accordance with the Act and this Plan. All property and
inte.rest in real estate acquired by the Authority in the Area that is not dedicated
or transferred to public entities, shall be sold or otherwise disposed of for
redevelopment in accordance with the provision of this Plan and the Act
LEL AN D CO NSUL TING GROUP (2 0 Jul y 20 0 9)
21
7.U Redevelopment and Rehabilitation Actions
Redevelopment and rehabilitation actions within the Area may include such
undertakings and activities as are in accordance with this Plan and the Act
including without limitation: demolition and removal of buildings and
improvements as set forth herein; installation, construction and reconstruction of
public improvements; elimination of unhealthful, unsanitary or unsafe
conditions; elimination of obsolete or other uses detrimental to the public
welfare; prevention of the spread of deterioration; and, provision of land for
needed public facilities. The Authority may enter into Cooperation Agreements
and Redevelopment/Development Agreements to provide assistance or
undertake all other actions authorized by the Act or other applicable law to
redevelop and rehabilitate the Area.
7.13 Redevelopment I Development Agreements
The Authority is authorized to enter into Redevelopment/Development
Agreements or other contracts with developer(s) or property owners or such
other individuals or entities as are determined by the Authority to be necessary
or desirable to carry out the purposes of this Plan. S uch Redevelopment/
Development Agreements, or other contracts, may contain terms and provisions
as shall be deemed neoessary or appropriate by the Authority for the purpose of
undertaking the activities contemplated by this Plan and the Act and may
further provide for such undertakings by the Authority, including financial
assistance, as may be necessary for the achievement of the objectives of this Plan
or as may otherwise be authorized by the Act These Agreements will be
separate from this Plan, yet in support of ils goals and objectives. Existing
agreements between the City and private parties that are consistent with this
Plan are intended to remain in full force and effect
LE LAND CONSULTING G ROUP (2 0 Ju l y 2 0 09)
25
7.14 Cooperation Agreements
For the purpose of this Plan, the Authority may enter into one or more
Cooperation Agreements pursuant to the Act. The City and the Authority
recognize the need to cooperate in the implementation of this Plan and, as such,
Cooperation Agreements may include, without limitation, agreements regarding
the planning or implementation of this Plan and its projects, as well as programs,
public works operations, or activities which the Authority, the City or such other
public body is otherwise empowered to Wldertake and including without
limitation, agreements respecting the financing, installation, construction and
reconstruction of public improvements, utility line relocation, storm water
detention, environmental remediation, landscaping and/ or other eligible
improvements. nus paragraph shall not be construed to require any particular
form of cooperation
8.0 Project Financing
8.1 Public Investment Objective
It is the intent of the Plan that the public sector will play a significant role in
urban renewal efforts as a strategic partner. Typical infrastructure investments
the public would anticipate making include, but are not limited to: unifying
streetscape elements (but for specific modifications made on private property);
improving access and circulation; improving streets and parks; providing for
infrastructure improvements; completing utilities; and, creating special districts
or other financing mechanisms.
LELAND CONSULTING GROUP (20 July 2009)
26
8.2 Authorization
The Authority may finance undertakings pursuant to this Plan by any method
authorized under the Act or any other applicable law, including without
limitation: issuance of notes, bonds and other obligations in an amoW\t sufficient
to finance all or part of this Plan; borrowing of funds and creation of
indebtedness; advancement of reimbursement agreements; and I or utilization of
the following: federal or state loans or grants; interest income; annual
appropriation agreements; agreements with public or private entities; and loans,
advances and grants from any other available sources. The principal. interest,
costs and fees on any indebtedness are to be paid for with any lawfully available
funds of the Authority.
Debt may include bonds, refunding bonds, notes, interim certificates or receipts,
temporary bonds, certificates of indebtedness, or any other obligation lawfully
created
8.3 Project Revenues
8.3.1 Tax lnaement Financing
The Plan contemplates that a primary method of financing projects within
the Area will be through the use of property tax and City Sales Tax
increments. The Authority shaD be authorized to pledge all or any
portion of such property tax and City Sales Tax increment revenues for
financing public infrastructure that benefits the Area pursuant to one or
more Cooperation Agreements.
LEL AN D C ONSULT ING GRO U P (20 july 2009)
2'7
8.3.2 Distribution of Tax Revenues
As specified in any amendment to this Plan which creates a new Tax
Increment Area as set forth herein, property taxes and/ or City Taxes
levied after the effective date of the approval of such amendment shall be
divided for a period commencing on the date of City Council approval of
such amendment and continuing for a period not-to-exceed twenty-five
years in accordance with Section 31-25-107(9) of the Act and the terms of
any applicable Cooperation Agreement
8.4 Other Financing Mechanisms I Structures
The Plan is designed to provide for the use of tax increment financing as one tool
to facilitate investment and reinvestment within the Area . However, in addition
to tax increment financing, the Authority shall be authorized to finance
implementation of the Plan by any method authorized by the Act The Authority
is committed to making a variety of strategies and mechanisms available which
are financial, physical, market and organizational in nature. It is the intent of this
Plan to use the tools either independently or in various combinations. Given the
obstacles associated with development. the Authority recognizes that it is
imperative that solutions and resources be put in place which are
comprehensive, flexible and creative.
9.0 Severability
If any portion of this Plan is held to be invalid or unenforceable, such invalidity
will not affect the remaining portions of the Plan.
L ELAN D CONSULTING GR OU P (20 July 2 009 )
28
EXHIBIT B
flRSTAMENDMENTTOTHE
J-70/KIPLING CORRIDORS URBAN RENEWAL PLAN
Section 8 of the I -70/Kipling Corridors Urban Renewal Plan ("Plan") is hereby amended
to read as follows:
8.0 Project Financing
8.1 Public Investment Objective
It is the intent of the Plan that the public sector will play a significant role in
urban renewal efforts as a strategic partner. Typical infrastructure investments
the public would anticipate making include, but are not limited to : unifying
streetscape elements (but for specific modifications made on private property);
improving access and circulation; improving streets and parks; providing for
infrastructure improvements; completing utilities; and, creating special
districts or other financing mechanisms.
8.2 Authorization
The Authority may finance undertakings pursuant to this Plan by any method
authorized under the Act or any other applicable law, including without
limitation: issuance of notes , bonds and other obligations in an amount sufficient
to finance all or part of this Plan ; borrowing of funds and creation of
indebtedness ; advancement of reimbursement agreements; and I or utilization of
the following: federal or state loans or grants ; interest income; annual
appropriation agreements; agreements with public or private entities; and loans,
advances and grants from any other available sources . The principal, interest,
costs and fees on any indebtedness are to be paid for with any lawfully available
funds of the Authority.
Debt may include bonds, refunding bonds, notes, interim certificates or
receipts, temporary bonds, certificates of indebtedness, or any other obligation
lawfully created.
8.3 Project Revenues
8.3.1 Tax Increment Financing
The Plan contemplates that a primary method of financing projects
within the Area will be through the use of property tax and City Sales
Tax increments. The Authority shall be authorized to pledge all or any
portion of such property tax and City Sales Tax increment revenues for
financing public infrastructure that benefits the Area pursuant to one or
more Cooperation Agreements.
8.3.2 Distribution ofTax Revenues
As specified in any amendment to this Plan which creates a new Tax
Increment Area as set forth herein, property taxes and/or City Taxes
levied after the effective date of the approval of such amendment shall
be divided for a period commencing on the date of City Council
approval of such amendment and continuing for a period not-to-exceed
twenty-five years in accordance with Section 3 I -25-1 07(9) of the Act
and the terms of any applicable Cooperation Agreement.
8.4 Other Financing Mechanisms I Structures
The Plan is designed to provide for the u se of tax increment fmancing as one
tool to facilitate investment and reinvestment within the Area. However, in
addition to tax increment financing, the Authority shall be authorized to finance
implementation of the Plan by any method authorized by the Act. The
Authority is committed to making a variety of strategies and mechanisms
available which are financial, physical, market and organizational in nature. It
is the intent of this Plan to use the tools either independently or in various
combinations. Given the obstacles associated with development, the Authority
recognizes that it is imperative that so lutions and resources be put in place
which are comprehensive, flexible and creative.
8.5 UTILIZATION OF PROPERTY AND SALES TIF
CONSISTENT WITH THE FOREGOING PROVISIONS OF THIS SECTION
8.0 REGARDING TIF, THERE IS HEREBY ADOPTED THE UTILIZATION
OF PROPERTY AND SALES TAX INCREMENT FOR THE PROPERTIES
DESCRIBED IN THE A IT ACHED APPENDIX A. THE PROPERTIES AND
PROJECTS, FOR WHICH A TAX INCREMENT SHALL BE UTILIZED,
ALONG WITH A LEGAL DESCRIPTION FOR THE PROPERTIES , THE
DATE UPON WHICH THE UTILIZATION OF THE TAX INCREMENT
SHALL TAKE EFFECT, AND THE TERMS OF THE TAX INCREMENT
APPLICABLE TO EACH PROPERTY, SHALL BE AS SET FORTH IN
APPENDIX A.
APPENDlXA
1. MVG Development Property
a. Date TIF implemented: ---------
b. Council Resolution : No._, Series 2014 L__,2014)
c. Legal Descriptions :
I
--r:w-"':·--------· -~ ---------·--·-··1r~
: ·I~ .
I I
: ~ :
I ' h ~ ,d ---. ~
li 0).)) ~
II ¢' ' ---..:.;; ";(' . . •· J ~ li
I ' ~ .~ !il ._--~------·---~--l -----------------~ ~
IU~ -swrr
'rl
-I!:. J -f ..,
10101 W. 37tb P lace
Our Ordtr No : ABB70393418
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST ONE -QUARTER OF TH E NO RTHEAST ONE -QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 28 , TOWNSHJP 3 SOUTH . RANGE 69 WEST OF THE 6TH
P.M .. DESCRIBED AS FOLLOWS :
BEGlNNlNG AT THE NORTHEAST CORNER OF SAlD SECTI ON 28:
THE NCE SOUTHERLY . ALONG THE EAST UNE OF SAJD SECTION , Z30 FEET:
THENCE WESTERLY . PARALLEL WITH THE NORTii LI NE OF SAID SECTION , 200 FEET TO THE
TRUE PO INT OF BEGINNING ;
THENCE CONTINUING WESTE RLY. PARALLEL WITH THE NORTH LINE OF SAID SECTION.
109 .99 FEET. MORE OR LESS . TO A POINT 20 FEET EAST OF THE WEST LINE OF THE EAST
ONE -HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 28 ;
THENCE SOUTHERLY PARALLEL WITH THE WEST UNE OF TiiE EAST ONE -HALF OF THE
NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER
OF SAID SECTION . 124 .86 FEET . MORE OR LESS , TO A POINT 355 FEET SOUTH OF THE
NORTH U NE OF SAID SECTION 28:
THENCE WESTERLY . PARALLEL WITH THE NORTH UNE OF SAID SECTION . 40 FEET:
THENCE SOUTHERLY . PARALLEL WITH AND 20 FEET WEST OF TiiE WEST LINE OF TiiE EAST
ONE -HALF OF THE NO RTHEAST ONE-QUARTER OF TH E NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE-QUARTER . 75 FEET ;
THENCE WESTERLY, PARALLEL WITH THE NORTH liNE OF SAID SECTION , 290 .19 FEET .
MORE OR LESS. TO THE EAST LINE OF LEE STREET:
THEN CE NORTHERLY ALONG SAlD EAST LINE . PARALLEL WITH AN D 20 FEET EAST OF THE
WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORllfEAST ONE-QUARTER OF THE
NORTHEAS T ONE-QUARTER. 400 FEET . MORE OR LESS . TO THE SOUTH LI NE OF 38TH
AVENUE;
THENCE EASTERLY ALONG SAID SOUTH UNE. PARALLEL WITH AND 30 FEET SOUTH OF THE
NORTH UNE OF SAID SECTION 28 , A DISTA NCE OF 440 .53 FEET . MORE OR LESS, TO A
POINT 200 FEET WEST OF THE EAST LINE OF SAlD SECTION :
THENCE SOUTHERLY , PARALLEL WITH THE EAST LINE OF SAID SECTION. 200 FEET TO THE
TRUE POINT OF BEGINNING . COUNTY OF JEFFERSON . STATE OF COLORADO .
EXCEPTING THEREFROM THE PORTIONS DESCRIBED rN BOOK 1579 AT PAGE 296 AND lN BOOK
1969 AT PAGE 800 AND IN BOOK 1970 AT PAGE I OFTHE J EFFERSON COUNTY RECORDS .
10050 W. 371b Place
lliAll'l\JU 0~ Til~ '\Omlh~l Ol'o\IUt:ROt riO \OinlU.ASl OUARTHIOI nu "'OTIII \Sl
QOARrTROi !if COOl\ Zl T0\\''11~11!1' H0\1111 R.\\CHS \\1-Sl 01 Till lillii'RI'Iiflr.\1
\II JUDIA 'I Df.5l R!IIUl AS •ou OW!>
IH;&~JM; \T Till \ORlllt/IST (!lll'I~R Of. ~\III SICTJa\ lt
111F\U SD\1Tl1Dtl\ A1 0\C nu f.A orr u~r 01 '1.\anu: 110\ 21 A IJIST \ "'n 01 l)ll ruT
ntFSCl \\l_IDRJ Y PARIIUJ'I "'ml lliFSORniiJIIf 01 ~\IJSfrTI~ 11 A IJI!iHM'J Ill' lD
I UT to TilT fRUio I'Oili.T Of IU QNP.,-.M;
ntfSO: SOL"lllllU.Y,AJIAU.U 111m1 Tilli,.\ST U\lot 5A!IH£C110e>ZIA CIST\.\U 01
4)C. F£lT TO A POI\T 0\ llll 50Ulll ~( Ot llU IIORlllrAST QUUTUI Of n•
'«lli111MSTOUARnJIOf 01£ ~II.ASTQUUT .. <» UID§HTIO\ 21
llli\0. WLIDRI Y AlD.'<t;S.\lDSOL"TIIUIIF .\ DISTA•KHll 119 Gl HU lOA 1'01~ Q\1
111J. lAST U"C£ or Kl~ STRUT
111l.SU 'IORlllf:RI Y Al.Or-;G SAliHASlll\~ OH..IJI\ol• STREJ 1 ~\D A.ILII.L'If Um·\J)JD
NOll OJ A \D I'AR.\J l H Wmi iiND 21 HiT bAST Ul lllf \\'EST IJ\1 01 nu h\SliiAIJ. 01
1111 'OtlliF.UT Ql)Ul£11 01' 111f \ORTIIf.AST ()l..um:R Ul tm 'llt)lllli£A.Sl Ol'AIITU A
015TA~~t:f OF n:; u rm MOlt OR uss m A 1'01\1 ne soum cw na 'KlRlllll\1
<» SAlD SJ:CTlO\' 21
Tll£SO: FAST Mn rA.RAlfl '1\TIHn• Mllll'HUST IJ\[CW S.WSJI'OO\ 21.1\lm'IA\ll 01-
ltUtFErT WORF OllltSS TO.\ POI\'T 211 FflT V. .. STOI-lllf r.\ST IJ:IIT Of~
Sf'CTD'I21
lliiSCf "«l<t11URl Y A.'IDPAR.\IHI 1111l11 Till' T AST II!'.~ OJ. \.\ltHICOO\ Zl .\DI'ifl\..,11
OJ. 201 H:TT TO A POIST 0\ lllf 'iOUTIII.I.'il (J lllt~l ltTII .\\'l.'IL-f
lllfSO: I.ASTriU Y \LO'iC WD !iDU'Illll\T I'AJtAJJ ll 111m1 \.'41> J1 fll T SOL Til<» nlf
\011111 U\l CW WDSEcm!'. 21 . \ DIST·\1\0 or HflH TDA POI'IiT ISHUTWFSl
OJ. TUU.ASTI N 01 'lAID 5I CR>\ lS
lllf\U SOt.rniFJU.Y I'ARAIJ n Willi A.\D ISHHTW.STOI nn IA.q~[ Of s.\11)
!ifCTIO.'I 21 A lliSTAI'iO. 0. ZOO H}l10,\f01!\1ll0 HJT )>OIJ111 01 1111 NORTliiJ"'t
ot MJUSJ'cmillu
nu:.'«'l' t.A.m 111 Y r.\a.\IJ.FI Y.ml mr IIOII'TH U"'l· a. SAltlSH"nO'IIH A DISTA\O 01
IZ$ f'l.IT TO 111f lliUl POIST W. IU:l\'tjf'\C
TXCfrm.t; 111DIIJ.ll0\t 1111\T tlllTAIS P,UIO I 1'0!'\\IYIDlO nil DL7Aat\UV1 Ul" IIX.JMAY\
A. 'ID D£SC1RIID AS
A TllACTOR I'AII('fl Of i .Al•;D Ill) 14' Of nu: STATJ UIIAJITM'I"fl 01 IIICII\YA'\'5 DI\'ISIOl'
01-IIIC11WA YS Sl A TJ. 01' COI.DRADO, MIOJI£1 1\'0 ti DC I IC~ !II! lllllll IN m r
NUIIOn:ASl QUARTlJHlFSlrllO\ ll ltM"'ISUIPHOtiTll R.\SCf liWI:STOf nlfml
PRI'«lPAJ MllliJIA.'II l'UEJTE.R50''4COINIY rOIOR.\00. SA.I) TAACIOl I'AIICfl ' .. C:O.'C
'1401tf l'urr1(UI \IllY Df:SCIIIIIDAHQUOWS
UUS\IM: AlA POM "'11CIIIS !iOUTII,\1 G\G Till r .. uT tn."f 01 111r MIRTIIUST OU\llrr.R
()1. SiCllO:II H A DIST.\ \'Cf Of llll 01 HT AJiol) '1\l'ST rAJWJH WTnllllf Sllllllii!Sf
OJ. ntr SORlllfA!.TQUAJIITR 01-Slcmill H A OISl.\''CT Ql 15 OIH r FROM lllf
'1011111U.Sl C'ORll.'fR QFSFt'llOS ll TtM'"'SiliP Jsot.'Tll RA.'ICHI 'I\1Sl
I lliF.Ncr SOUTII I'AR.\.IJ.U Wml Tllf f.ASI ll!'.f Of ntr NOilllh\ST ()tJAJ!'l'9 <» SHTIOS
ll.\ Dm".\.11;( I OH~ M fTIT101111liOt1Tllnort.Rn U'\1.
l OlfNCfEAST .\lQI\o'Clllt SDUTIII'ROf'niTYIJ\1 AlliSTA....C£(1 I~UUT10nll
SO\IlliF.AST J'ROI't-]{1') COR.'IIll
l TIII'Nt'E:..ORnl ,\ lllf UST PIIOI'J:Jrn IJ.'Ii. \VISTMt:t OHKQUUT
4 TllrNCF WEST, PAR.\IIJJ \\ml 11£1 \URTIIIJ\1 OJ. 110 SOROIIMT ()UAJlTIJI 01· \I(TJO'II
21 ' om" 'Kl' Of 1 a rr n ro 1111 f'OCIIT Of au;r. ''1\G
Cot.\IYOi JHfl~ STAnU. lOlDR.\DO
3785 Kipling
Our Orela-No ABJ 70397564
lfGAl DESCRIPTION
A PARCEL OF LAND IN TifE EAST Il l OF TifE NORTHEAST 1 /~ OF THE NORTHEAST 1/4 OF
THE NORTHEAST J/4 OF SECTION 28 . TOWNSHIP 3 SOUTH . RANCE 69 WEST. COUNTY OF
JEFFERSON . STATE OF COLORADO . DESCRJBED AS FOLLOWS
BEGINNING AT A POINT WHICH IS 30 FEET SOUTH ~D 30 FEET WEST OF TifE ~ORTifEAST
CORNER OF SAID SECTION lS.
THENCE SOlJfH 100 FEET ALONG Tit£ WEST UNE OF KIPLING STREET TO TilE TRUE POL'JT OF
BEGINNING :
THENCE SOUTH ALONG llfE WEST LINE OF KIPLING STREET A DISTANCE OF 100
FEET:
THENCE WEST AND PARALLEL TO THE SOllTII LINE OF WEST 38TII A \'ENUE A DISTANCE OF
125 FEET .
THENCE NORTH AND PARALLEL TO THE WEST LINE OF KIPUNG STREET A DISTANCE OF 100
FEET:
THENCE EAST AND PARALLEL TO THE SOUTli UNE OF OF WEST 38TH AVENUE . A DISTANCE Of
ll5 FEET TO THE TRUE POINT OF BFGINNING .
EXCEPT THAT PORTION CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY OEED RECORDED
AUGUST l7. 1969 IN BOOK 2128 AT PAGE 357 . COUNTY OF JEFFERSON . STATE OF
COLORADO .
d. TIF tenns:
1-70 I Kipl i ng Corridors
Urban Renewal Plan
Wheat Ridge, Col orado
May 2009
Prepared for:
Wheat Ridge Urban Renewal Authority
Wheat Ridge, Colorado Gty Council
Prepared by:
Leland Consulting Group (LCG)
LELAND CONSULT I NG GROUP (20 July 2009)
1
1-70/ Kipling Corridors
Urban Renewal Plan
Whea t Ridge, Colorado
Tabl e of Contents
Section 1.0:
1.1
1.2
1.3
1.4
Section 2.0
Section 3.0
3 .1
Section 4.0
Section 5.0
Section 6.0
6.1
6.2
6.3
Section 7.0
7 .1
7.2
7 .3
7.4
7.5
7.6
7 .7
7.8
7 .9
7.10
7 .11
7 .12
7.13
7.14
Introduction
Preface
Blight Findings
Other Findings
Urban Renewal Area Bo undaries
1 .4 .1 Boundary Map of Urban Renewal Area
Definitions
Purpose of the Plan
Public Participation
Qualifying Conditions
Re lationship to Comprehensive Plan
Plan Objectives
General Descriptions
Development and Design Objectives
Public Investment Objechves
Authorized Urban Renewal Und ertakings and Activities
Public Improvements and Facilities
Other Improvements and Facibties
Development Opportunities-Catalyst Projects
Development Standards
Variations in the Plan
Urban RenewaJ Plan Review Process
Project Financing and Creation of Tax Increment Areas
Property Acquisition and Land Assemblage
Relocation Assistance
Demolition, Oearance, Environmental Remediation, and Site Prep
Property Disposition
Redevelopment and Rehabilitation Actions
Redevelopment I Development Agreements
Cooperation Agreements
LELAND CONSULTING GROUP (20 July 2009)
4
6
10
11
13
14
18
2
1-70 I Kipling Corridors
Urban Ren ewal Plan
Whea t Ridge, Colorado
Ta ble of Co n tents
Section 8.0 Project Financing
8.1 P ublic Inves tme nt O bjective
8.2 Autho rization
8.3 Project Revenues
8.3.1 Ta x in creme nt Financ ing
8.3.2 Distrib u tion o f Tax Re ve nues
8.4 O th er Financing Mechanisms I Structures
Section 9.0
A ppe11dix
Appendix A:
Appendix 8 :
Appendix C:
Attadunent 1:
Attadunent 2:
S everability
Urban Renewal Area Legal Description
Urban Renewal Plan Concept Map
Ci ty of Wheat Ridge Comprehen sive Plan, Updated 2000 References
1-70 I Kipling Corridors Conditions Survey
1-70 I Kipling Corridors Jefferson County Impact Report
LELAND CONSULTING GROUP (20 July 2009)
26
28
3
1-70/ Kipling Corridors
Urban Renewal Plan
Wheat Ridge, Colorado
1.0 Preface and Background
1.1 Preface
This 1-70 I Kipling Corridors Urban Renewal Plan (the "Plan" or the "Urban
Renewal Plan") has been prepared by the Wheat Ridge Urban Renewal
Authority (the" Authority") for the City of Wheat Ridge ("City"). It will be
carried out by the Authority, pursuant to the provisions of the Urban Renewal
Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised
Statutes, 1973, as amended (the "Act'1· The administration and implementation
of this P lan, including the preparation and execution o f any documents
implementing it, shall be performed by the Authority.
1.2 Blight Findings
Under the Act, an urban renewal area is a blighted area, which has been
designated as appropr iate for an urban renewal project. In each urban renewal
area, conditions of blight, as defined by the Act, must be present, and in o rder for
the Authority to exercise its powers, the City Council must find that the presence
of those conditions of blight, "substantially impairs or arrests the sound growth
of the municipality or constitutes an economic or social liability, and is a menace
to the public health, safety, morals or welfare."
LELAND CONSULTING GROuP (20 July 2009)
4
The J-70 I Kipling Corridors Condition s Suroey, prepared by Matrix Design Group,
submitted June 2009, which is attached hereto as Attachment 1 (the "Blight
Study"), demonstrates that the I-70 1 Kipling Corridors Area ("Study Area"), as
defined in the Blight Study, is a blighted area under the Act
1.3 Other Findings
The Area is appropriate for one or more urban renewal projects and other
undertakings authorized by the Act to be advanced by the Authority. Projects
could require the demolition and clearance of certain public and private
improvements within the Area as provided in this Plan. If this is the case, such
actions will be determined to be necessary in order to eliminate unsafe
conditions, obsolete and other uses detrimental to the public welfare, and
otherwise remove and prevent the spread of deterioration.
The Authority has the discretion to create a single or several tax increment areas
within a single urban renewal planning area. ln addition, it is at the Authority's
discretion whether or not to initiate creation of one or several tax increment areas
at the time the Plan is adopted by City Council. Factors that could support
creation of a tax increment district include announcement of a specific project or
prevailing or impending market and I or economic conditions .
Further, the Authority is entitled to all powers authorized in the Act It is the
intent of the City Council in adopting this Plan that the Authority exercise all
powers which are necessary, convenient or appropriate to a ccomplish the
objectives of the Plan. ln addition, it is the intent of the Plan that the Authority
exercise all such powers as may now be possessed or hereafter granted for the
elimination of qualifying conditions in the Area .
LELAND CONSULTING GROUP (20 July 2009)
5
The powers conferred by the Act are for public uses and purposes for which
public money may be expended and police powers exercised; and, this P lan is in
the public interest and necessity -such finding being a matter of legislative
determination by the City Council.
1.4 Urban Renewal Area Boundaries
The proposed 1-70/ Kipling Corridors Ur ban Renewal A rea (referred to herein
as "the Urban Renewal Area" or "the Area") is located w ithin the City of Wheat
Ridge and Jefferson County, Colorado as delineated in Figure No.1 and
described in the legal description presented in the App endix. The boundaries of
the Area generally include properties roughly following aU-shaped corrid or that
runs n orth along Interstate 70 beginning at 32nd Avenue, then east a lo n g the
Interstate until Kipling Street, and finally south along Kipling Street until 26th
A venu e . The survey area contains 649 real property parcels. ln terms of land
area, the Area consists of approximately 1,189 total acres (including any streets or
rights-of-way) of which approximately BU acres lie within real property parcels.
1.4.1 Figure 1, 1-70 I Kipling Corridors Area
The Plan Concept Map is presented in Appendix B.
2.0 Definitions
In addition to terms previously defined in the text, the following terms are used
in this Plan:
LELAND CONSULTING GROUP (20 July 2009)
6
Figure No.1
LELAND CONSULTING GROUP (20 July 2009)
7
Ac t -means the Urban Renewal Law of the Sta te of Colorado, Part 1 of Article 25
of Title 31, Colorado Revised Statutes, as amended.
Area or Urb an Ren ewal Area-means the 1-70 / Kipling Corridors Urban
Renewal Area as depicted in Figure 1 and legally described in the Ap pendix.
Auth ority-means the Wheat Ridge Urban Renewal Authority.
Bligh t Study-means the l-70/ Kipling Comdors Conditions Sun1ey, prepared by
Matrix Design Group, submitted June 2009, incorporated herein by this
reference.
City-means the City of Wheat Ridge, a home-rule municipal corporation of the
State of Colorado.
City Cou ncil -means the City Council of the City of Wheat Ridge.
City Tax or City Taxes-means, collectively, taxes imposed by the City on
certain transactions .
Comprehensive Plan-the Czty of Wheat Rzdge Area Comprehensive Plan, Updated
2000 (the "Com prehensive Plan").
Cooperation Agreement -means any agreement between the Authority and
City, one or more Metropolitan Districts, or any public body (the term "public
body" being used in this Plan as defined by the Act) respecting action to be taken
pursuant to any of the powers set forth in the Act or in any other provision of
Colorado law, for the purpose of facilitating public undertakings deemed
necessary or appropriate by the Authority under this Plan.
LELAND CONSULTING GROUP (20 j11ly 2009)
8
C.R.S. -means the Colorado Revised Statutes, as amended from time to time.
Impact Report - m eans the J-70 I Kipling Co rndors, Jeffer son County Tmpa ct Report
prepared by Leland Consulting Group, dated July, 2009 , attached hereto as
Attachment 2 and incorporated herein by this reference.
Improvement District -means a special djstrict created to make improvements,
typically to public space infrastructure., in a given area.
Wheat Ridge Comprehensive Plan-means City of Wheat Ridg e Area
Comprehensive Plan , Updated 2000, as such plan has been or may be amended
from time to time.
Plan or Urban Renewal Plan -means this 1-70/ Kipling Corndors Urban Renewal
Plan .
Property Tax Increment Area -means that portion of the Area designated as a
property tax increment area
Redevelopment I Development Agreement -means one or more agreements
between the Authority and developer(s) and I or p roperty owners or such other
individuals or entities as may be determined by the Authority to be necessary or
desirable to carry out the purposes of this P lan.
Sales Tax -means the municipal sales tax imposed by the Gty on certain
transac tions.
Sales Tax Increment Area -means any portion of the Area designated as a sales
tax increment area.
LELAND CONSULTING GROUP (20 July 2009)
9
Tax Incre m e nt Area-means a portion of the Area designated as a Property Tax
and/ or Sales Tax Increment Area.
3.0 Purpose o f the Plan
The purpose of the /-70 I Kiplmg Com'dors Urban Renewal Plan is to reduce,
eliminate and prevent the spread of blight within the Area and to stimulate
growth and invesbnen t within the Area boundaries. To accomplish this purpose,
the Plan promotes local objectives with respect to appropriate land uses, private
invesbnent and public improvements, provided that the delineation of such
objectives shall not be construed to require that any particular project necessarily
promote all such objectives. Specifically, the Plan promotes an environment
which a llows for a range of uses and product types, as supported by the City of
Wheat R1dge Area Comprehensive Plan, Updated 2000 and any subsequent updates,
as well as any other relevant policy documents wh.ich leverage the community's
invesbnent in public improvement projects in the Ar ea.
While the principal goal of this urban ren ewal effort, as required by the Act, is to
affor d maximum opportunity consistent with the sound needs of the City of
Wheat Ridge as a w ho le, and to develop and rehabilitate the Area by private
enterprise; it is not intended to replace the efforts of area business d evelopment
entities.
3.1 Public Participation
The Plan has been made available to business and proper ty owners located
within and adjacent to the P lan boundaries, as well as Wheat Ri d ge residents at-
large. All stakeholders and residents were also invited to pa r tici pa te in several
LELAND CONSULT I NG GROUP (20 July 2009)
10
venues: workshops held between April and May 2009 designed to solicit input
on the vision for the Area. 1n all, more than 100 individuals participated. In
addition, City staff received written comments via e-mail and phone calls.
Notification of the public hearing was provided to property owners and owners
of business concerns at their last known address of record within the Area as
required by the Act. Notice of the public hearing to consider the Plan was
published in the Wheat Ridge Transcript. Presentations were also made at public
meetings of the City Council and Planning Commission during the summer of
2009 to receive comments and input on the process and Plan documents. As
required by the Act, a report outlining the potential impact of the Plan on
Jefferson County was prepared and submitted along with the Plan document to
the County Commissioners of Jefferson County not less than 30 days before
consideration of its approval.
4.0 Q u alifyin g Con di t ions
Before an urban renewal plan can be adopted by the City, the area must be
determined to be a "blighted area" as defined in Section 31-25-103(2) of the Act,
which provides that, in its present condition and use, the presence of at least four
of the following factors in the Area, 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 detenorating stnlctures;
(b) Predominance of defective or madequate street layout;
(c) Faulty lot layout in relahon to size, adequacy, accessibilzty, or usefulness;
(d) Unsanitary or unsafe conditions;
LELAND CONSULTING GROUP (20 July 2009)
11
(e) Deteriorahon of si te or othe r improvements;
(j) Unusual topography or Inadequat e public improvements or uhlzttes;
(g) Defechve or unu sual condihons of htle rendenng the title nonma1·ketable;
(h) Tire ex1stence of condihons that endanger life or property by fire or other causes;
(i) Buildings that are un safe or unhealthy fo1· persons to live or work in because of
buildrng code Vlolahons, dilapidation , deterioratwn, defechve des1gn, phys1cal
construchon, or faulty or inadequate facilities;
(j) Enmronmental contamination ofbuildmgs or property;
(1<.5) Tire ex1stence oflrealth, safety, or welfare factors requiring higl1 levels of
mumapal semces or su bstantial physrcal underuhlzzahon or vacanClJ of si tes,
buildings, or other rmprovements; or
(l) lf there is no ob;ection by the property owner or owners and the tenant or tenants
of such owner or owners, if any, to the rnclusion of such property in an urban
renewal area, "bl ighted area" also means an area that, in zt s present conditions
and use and, by reason of tire presences of any Q!1£ of tire fac tors specified in
paragraphs (a) to (1<.5) of Sec h on 31-25-1 03(2), subs tantially impair s or arrests
the sound grow tit of the mumczpali ty, retards the provzs10n of housmg
accommodations, or co 11 shtu tes an economic or soda/liability , and is a menace to
tire publzc health, safety, morals, or welfare.
The Act also provides that, if private property is to be acquired by the Authority
by eminent domain, at least five of th e factors specified in Section 31-25-103(2}(a)
to (2}(1) must be present.
The general methodology for conducting the Blight Study is to: (i) define the
Study Area; (ii) gather information about th e Study Area, such as right-of-way
and parcel boundaries, aerial photography, etc.; (iii) evaluate evidence of blight
through field reconnaissance of the Study Area to document observed physical
conditions of blight; and, (iv) collect data about blight factors that are not
visually observable.
LELA ND CONSULTING GROUP (20 July 2009)
12
Among the 11 qualifying factors identified in the Act, the Blight Study identified
the presence of the following ten blight factors in the Study Area:
(a) Slum, Detenorated and Detenorahng Structures
(b) Predominance of Defechve or Inadequate Street Layout
(c) Faulty Lot Layout in Relation to Size, Adequacy, or Usefulness
(d) Unsanitary or Unsafe Ccndzh"ons
(e) Deterioration of Site or Other Impruvements
(j) Unusual Topography or Inadequate Public Impruvements or Utilities
(h) Exzstence of condttions that endanger ltfe or property by fire and other causes
(i) Bulidmgs that are Unsafe or Unhealthy for Persons to Lzve or Work
(j) Environmental Contaminatton of Buildings or Property
(k.S) Hzgh Levels of Municipal Servtces or Underutilization or Vacancy of Sites,
Buildmgs, or Other Improvements
The condition, (g) of Section 31-25-103(2), defective or unusual conditions of title
rendering the title non-marketable, was not investigated.
5.0 Relationship to Compreh ensive Plan
A general plan for the City, known as the City of Wheat Ridge Area Comprehensive
P/Jm, was updated in 2000. The Authority, with the cooperation of the City,
private enterprise and other public bodies, will undertake projects and activities
described in this Plan in order to eliminate the conditions of blight identified
herein while implementing the goals and objectives of the City ofWheat Ridge
Area Comprehensive Plan, Updated 2000 and all subsequent updates. Specific
elements of the Czty of Wheat Ridge Area Comprehensive Plan, Updated 2000 which
this Plan advances, are presented in Appendix C of this Plan (and taken
verbatim). References from other adopted and accepted documents
LELAND CONS U LTfNG GROUP (20 July 2009 )
13
(RepoSthonzng Wlteat Ridge, Netghborlwod Revitalization Strategy; and Wheat Ridge
Nortfnvest Sub-Area Plan) that speak to issues within the Urban Renewal Area are
also provided.
P ursuant to State Statutes, the 1-70 I Kipling Comdors Urban Renewal Plan was
reviewed by the Planning and Zoning Co mmiss ion o n August 6, 2009 and a
Resolution was passed indicating that the Plan was cons is tent with ce rtain Goals,
Policies and Strategies contained in the Wheat Ridge Area Comprehensive Plan,
Updated 2000 and other City adopted and accepted plans .
6.0 P lan Objectives
6.1 Gen eral Descrip tion
The vision for the Area as d efined by stakeholders involved in the process is:
Redevelopment of the Urban Renewal Area represen ts a unique opporhmity to create a series of
destinations tltat are bo tl1 region-serving and locally Sllpportive. Tius Urban Renewal Plan , while
not a regulating doc um ent, env1sions quality matennls; notable architecture; strong mtemal and
ex lemnl connections; and , host environments for public eveuts and cultural venues .
New uses aud redevelopment of ex1shng uses may be developed m mixed-use and mulh -
use fonnats where feasible , and man ardtitechlral style tha t is regionally -relevant.
Whereas existing neighborhoods will be stabilized, new neigltborltoods will be co-located
with commercial , employment and mstituhonal uses . Improvements 111 the physical
realm will be consis tent and com munica te a unified 1dentity and brand. Connections for
vehicles , pedestrians, bicycles and other modes of transportation will be improved an d
strengthened in a mmmer thnt is reg tonally-relevant and in accordance witlt the
Arclti techmll and Site Destgn Manual .
LELAND CONSULTING GROUP (20 July 2009)
14
6.2 Development and Design Objectives
All development in the Plan Area shall conform to the zoning and development
codes of the Wheat Ridge Municipal Code, as well as any site-specific zoning
regulations or policies which might impact properties in the Area, all as in effect
and as may be amended from time to time. Codes and regulations present at the
time of any project application and development will apply. No project within
the Urban Renewal Area is vested to previous codes or regulations.
While the Act authorizes the Authority to undertake zoning and planning
activities to regulate land use, maximum densities, and building requirements in
the Area, the City will regulate land use and building requirements.
The primary development objective of this Urban Renewal Plan is strategic
investment in the public realm that will leverage private sector projects.
Potential land uses within the Urban Renewal Area include a range of
commercial, employment (industrial and office), residential, institutional,
lodging, civic, cultural and parking. Other, more general development objectives
include flexibility given changing market conditions; adaptability to a range of
uses and product types; and, consistency in building material and development
quality . Specific project goals and objectives identified by the stakeholders, in
collaboration with impacted property owners, that investment within the Urban
Renewal Area should aspire to, include the following:
1. Eliminate and prevent blight
2. Implement elements of the City ofWizeat Ridge Comprehensive Plan , Update
2000 related to urban renewal and the vision of this Plan
3. Ensure orderly growth throughout the community
4. Stimulate development of under-utilized land in the Urban Renewal Area
LELAND CONS U LTING GROUP (20 july 2009 )
15
5. Increase property values and strengthen the City's economic base
6. Participate in the long-term economic vitality of the City through quality
(re) development
7. Enhance Wheat Ridge's identity
8. Preserve existing neighborhoods
9. Expand the City's commercial activities
10. Maintain a fiscally-pruden t base of industrial uses
11 . Encourage growth in primary jobs
12. Promote Wheat Ridge's cultural heritage
13. Reduce sub-standard uses
14. Support stronger code enforcement
lAnd Use
15. Improve re lationships between uses in the Urban Renewal Area and
s urrounding areas
16. Provide uses supportive of and complementary to planned improvements
17. Promote a variety of housing product types to address multiple segments
of the populo us
18. Advance cultural art programs and capital investments
19. Unify uses and plan components (signage, street furniture, landscaping)
20. Support preservation of histor ic structures
21 . Expand service facilities (police, fire, library, recreation and I or senior)
Econonnc Development
22. Encourage the continued presence of existing viable businesses
23. Attract regional and national businesses
LELAND CONSULTI NG GROUP (20 july 2009)
16
Finnn cz al
24. Provide a range of financing mechanisms for private property (re)
investment
25 . Encourage public-private partnerships
26. Promote e conomic incentives in order to attract (re) investment
Politica l
27. Facilitate cooperation among government agencies (taxing entities)
Architec ture
28 . Promote " green" development (environmentally sensitive)
29 . Raise the quality of building standards in the Urban Rene wal Area
30 . Encourage higher d esign standard s
Physical
31 . Improve the public r ealm
32. Inc rease the c apacity and quality of infrastructure in the Urban Renewal
Area
33. Develop and e nhance community gateways
34. Maintain / develop public gathering space s (soft and hard)
35. Preserve the area's natural (and man-made) resources
36. Grow the City's multi-modal options (bike routes, trails, pedestrian access,
transit)
LELAND CONSULTING GROUP (20 July 2009)
17
6.3 Public Investment Objectives
Existing conditions present within the Area will be remedied by the proposed
Plan, but will first need to be identified as a priority public investment item by
the Authority, in consultation with the stakeholders. As it is the intent of this
Plan that improvements will only be partially funded by tax increment revenues,
creation of special districts and/ or other financing districts to serve as
supplemental funding sources will not only be considered, but encouraged.
Experience has proven that a critical component to the success of any urban
renewal effort is participation by both the public and private sectors. This said,
leveraging of resources will be key as no one entity, either public or private, has
sufficient resources alone to sustain a long-term improvement effort.
7.0 Authorized Urban Renewal Undertakings and Activities
The Act allows for a wide range of activities to be used in the implementation of
an urban renewal plan. ln the case of this Plan, it is the Authority's intent to
provide incentives to stimulate private investment in cooperation with property
owners and other affected parties in order to accomplish its objectives . Public-
private partnerships and other forms of cooperative development will be key to
the Authority's strategy for preventing the spread of blight and eliminating
existing blight conditions. Reliance on powers such as eminent domain will only
be considered as a final option, as determined by the Gty Council, to achieve the
objectives of this Plan.
7.1 Public Improvements and Facilities
The Authority may undertake certain actions to make the Area more attractive
for private investment. The Authority may, or cause others to, install, construct,
and reconstruct any public improvements. Additionally, the Authority may, or
LELAND CONSULTING GROUP (20 July 2009)
18
cause others to, demolish and clear buildings and existing improvements for the
purpose of promoting the objectives of the Plan and the Act. Finally, the
Authority may, or may cause others to, install, construct and reconstruct any
other authorized improvements in the Area, including, without limitation, other
authorized undertakings or improvements for the purpose of promoting the
objectives of this Plan and the Act.
Public projects are intended to stimulate (directly and indirectly) private sector
investment in and around the Area. The combination of public and private
investment will assist in the investment and reinvestment of the Area with a
greater intensity and quality of viable commercial, employment, residential and
mixed-use sub-areas supported by multiple forms of transportation and public
spaces contributing to the overall economic well-being of the community.
As described in Section 4.0 of this Plan, ten qualifying conditions of blight, as
defined in Section 31-25-103(2) of the Act, are evident in the Area. This Plan
proposes addressing each of these conditions through potential completion of the
following public improvements and facilities :
(a) Slum, Deteriorated and Deteriorating Structures: building improvements
including facades, fencing, roof repairs; and, graffiti dean-up;
(b) Predominance of Defective or Inadequate Street Layout completion of
incomplete streets and sidewalks; increased road and intersection
capacity; roadway repairs; and, stronger connections;
(c) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or
Usefulness: (see Predominance of Defective or Inadequate Street Layout);
and, assemblage of small, narrow and awkwardly shaped parcels;
(d) Unsanitary or Unsafe Conditions: pedestrian improvements; ADA
improvements; lighting; bike paths; deferred maintenance items
LELAND CONSULTING GROUP (20 Ju ly 2009)
19
including cra cked and buckled sidewalks; and , roadway improvements
designed to arrest congestion;
(e) Deterioration of Site o r Other Improvements: improvements to parking
surfaces; curbs and gutters; and, signs and advertisements;
(f) Unusual Topography or Inadequate Public Improvements or Utilities:
undergrounding of overhead utilities; increasing infrastructure capacity
where necessary; and, completion of curbs, gutters and sidewalks;
(h) Existence of Conditions that Endanger Life or Property by Fire and Other
Causes: sprinklering of commercial buildings; and, improved access for
emergency vehicles;
(i) Buildings That Are Unsafe or Unhealthy for Persons to Live or Work:
demolition of substandard structures;
G) EnvironmentaJ Contamination of Buildings or Property: assistance with
site and building environmentaJ clean-up;
(k.S) Existence of Factors Requiring High Levels of Municipal Services or
SubstantiaJ Physical Underutilization or Vacancy of Sites, Buildings or
Other Improvements: stronger code enforcement; site assemblage; site
prep; and, assistance with post-development leasing strategies.
7.2 Other Improvements and Facilities
There could be other non-public improvements in the Area that may be required
to accommodate development and redevelopment. The Authority may assist in
the financing or construction of these improvements .
7.3 Development Opportunities-Catalyst Projects
A key concep t associated with implementation of the Plan is targeted investment
that will serve to cataJyze development throughout the Area and fund future
LELAND CONSULTING GROUP (20 July 2009)
20
public improvements. The aggregate impact of potential investment within the
Area is reflected in the Impact Report in Attachment 2 .
7.4 Development Standards
All development in the Area shall conform to applicable rules, regulations,
policies and other requirements and standards of the City and any other
governmental entity which has jurisdiction over all or any portion of the Area.
In conformance with the Act a nd the Plan, the A uthori ty may adopt design
standards and other requirements applicable to projects undertaken by the
Authority in the Area. Unless otherwise approved by City Council, any such
standards and requirements adopted by the Authority s hall be consistent with all
other City zoning and development policies and regulations.
7.5 Variations in the Plan
The Authority may propose, and the City Council may make, such modifications
to this Urban Renewal Plan as may be n ecessary provided they are consistent
with the City oJWheat Ridge Comprehensive Plan , Updated 2000 and any subsequent
updates, as well as the Act, or such amendments made in accordance with this
Plan and as otherwise contemplated by this Plan.
The Authority may, in specific cases, allow non-substantive variations from the
p rovis ions of this Plan if it determines that a literal enforcement of the provision
would constitute an unreasonable limitation beyond the intent and purpose
stated herein.
LELAND CONSULTING GROUP (20 July 2 009)
21
7.6 Urban Re n e wal Pla n Review Process
The review process for the Plan is intended to provide a mechanism to allow
those parties responsible for implementing key projects to periodically evaluate
its effectiveness and make adjustments to ensure efficiency in implementing the
recommended activities.
The following steps are intended to serve as a guide for future Plan review:
(a) The Authority may propose modifications {including expansion of the Plan
boundaries), and the City Council may make such modifications as may be
necessary provided they are consistent with the City ofWheat Rrdge
Comprehen sive Plan, Updated 2000 and any subsequent updates, as well as
the Act.
(b) Modifications may be developed from suggestions by the Authority,
property and business owners, and City staff operating in support of the
Authority and advancement of this Plan.
(c) A series of joint workshops may be held by and between the Authority and
property and business owners to direct and review the development of
Plan modifications.
7.7 Project Fi nancin g and Crea tion of Tax Incre m e nt Areas
While projects within the Area are planned to be primarily privately financed, it
is the intent of the City Council in approving this Urban RenewaJ Plan to
authorize the use of tax increment financing by the Author ity to assist with the
development of these projects. Urban renewal authorities in Colorado are
authorized by statute (C.R.S 31-25-105) to borrow money and accept advances,
L ELAND CONSULT I NG G ROUP (20 july 2009)
22
loans, grants and contributions from public or private sources, and to issue
bonds to finance the ir activities or operations. In practice, an accepted method
for financing urban renewal projects is to utilize inc remental property tax and I
or municipal sales tax revenues attributable to redevelopment in the project area
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 the Authority.
The boundaries of the Urban Rene wal Area shall be as set forth in Appendix A .
As more fully set forth herein this Section 7.7, it is the intent of City Counc il in
approving this Plan to authorize the use of tax inc rement financing by the
Authority as part of its efforts to undertake and advance the Plan.
7.8 Property Acquisition and Land Assemblage
The Authority may acquire property by negotiation or any other method
authorized by the Act, except that any proposal to acquire property under the
power of eminent domain must be approved by the City Council in a ccordance
with the Ac t. The Authority may temporarily operate, manage and maintain
property in the Area with the consent of the owner of the property. Suc h
property shall be under the management and control of the Authority and may
be rented or leased pending its disposition for redevelopment
7.9 Relocation Assistance
It is not anticipated that acquisition of real property by the Authority will result
in the relocation of any individuals, families, or business concerns . However, if
such relocation becomes necessary, the Authority will adopt a relocation plan in
conformance with the Act.
LELAND CONSULTING GROUP (20 july 2009)
23
7.10 Dem ol ition , Oearance, En vironmental Remediation, and Site Prep
In carrying out t:JUs Plan, it is anticipated that the Authority may, on a case-by-
case basis, elect to demolish and clear buildings, structures and other
improvements . Additionally, development activities consistent with t:JUs Plan,
including but not limited to Development or Cooperation Agreements, 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 .
With respect to property acquired by the Authority, it may demolish and clear,
or contract to demolish and clear, those buildings, structures and other
improvements pursuant to t:JUs Plan, if in the judgment of the Authority, such
buildings, structures and other improvements cannot be rehabilitated in
accordance with this Plan. The Authority may also undertake such additional
site preparation activities as it deems necessary to facilitate the disposition and
development of such property.
7.11 Property Dis pos i tion
The Authority may acquire, 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. Real
property or interests in real p roperty may be sold, leased or otherwise
transferred for use in accordance with the Act and this Plan. All property and
interest in real estate acquired by the Authority in the Area that is not dedicated
or transferred to public entities, shall be sold or otherwise disposed of for
redevelopment in accordance with the provision of this Plan and the Act
LELAND CONSULTING GROUP (20 July 2009)
24
7.12 Redevelo pme n t and Rehabilitation Actions
Redevelopment and rehabilitation actions within the Area may include such
undertakings and activities as are in accordance with this Plan and the Act,
including without limitation: demolition and removal of buildings and
improvements as set forth herein; installation, construction and r econstruc tion of
public improvements; elimination of unhealthful, unsanitary or unsafe
conditions; elimination of obsolete or other uses detrimental to the public
welfare; p r evention of the spread of deterioration; and, provision of land for
needed public facili ti es. The Authority may enter into Cooperation Agreements
and Redevelopment/Development Agreements to provide assistance or
undertake all other actions authorized by the Act or other a p plicable law to
redevelop and r ehabilitate the Area.
7.13 Re devel o p ment / Development Agreements
The Authority is authorized to enter into Redevelopment/Development
Agreements or other contracts with developer(s) or property owners or such
other individuals or enti ties as are determined by the Authority to be necessary
or desirable to carry out the purposes of this Plan. Such Redevelopment/
Development Agreements, or other contracts, may contain terms and provisions
as shall be deemed necessary or appropriate by the Authority for the purpose of
undertaking the activities contemplated by this Plan and the Act, and may
further provide for such undertakings by the A u thority, including financial
assistance, as may be necessary for the achievement of the objectives of this Plan
or as may otherwise be authorized by the Ac t These Agreements will be
separate from this Plan, yet in suppor t of its goals and objectives. Existing
agreemen ts between the C ity and private parties that are consistent with this
Plan are intended to remain in full fo rce and effect
LELAND CONSULTING GROUP (20 July 2009)
25
7.14 Cooperation Agreements
For the purpose of this Plan, the Authority may enter into one or more
Cooperation Agyeements pursuant to the Act. The City and the Authority
recognize the need to cooperate in the implementation of this Plan and, as such,
Cooperation Agreements may include, without limitation, agreements regarding
the planning or implementation of this Plan and its projects, as well as progyams,
public works operations, or activities which the Authority, the City or such other
public body is otherwise empowered to undertake and including without
limitation, agreements respecting the financing, installation, construction and
reconstruction of public improvements, utility line relocation, storm water
detention, environmental remediation, landsca ping and/ or other eligible
improvements. This paragraph shall not be construed to require any particular
form of cooperation.
8.0 Project Financing
8.1 Public Investment Objective
It is the intent of the Plan that the public sector will play a significant role in
urban renewal efforts as a strategic partner. Typical infrastructure investments
the public would anticipate making include, but are not limited to: unifying
streetscape elements (but for specific modifications made on private property);
improving access and circulation; improving streets and parks; providing for
infrastructure improvements; completing utilities; and, creating special districts
or other financing mechanisms .
LELAND CONSUL TfNG GROUP (20 july 2009)
26
8.2 Authorization
The Authority may finance undertakings pursuant to this Plan by any method
authorized under the Act or any other applicable law, including without
limitation: issuance of notes, bonds and other obligations in an amount sufficient
to finance a U or part of this Plan; borrowing of funds and creation of
indebtedness; advancement of reimbursement agreements; and I or utilization of
the following: federal or state loans or grants; interest income; annual
appropriation agreements; agreements w ith public o r private entities; and loans,
advances and grants from any other available sources. The principal, interest,
costs and fees on any indebtedness are to be paid for with any lawfully available
funds of the Authority.
Debt ma y include bonds, refunding bonds, notes, interim certificates or receipts,
temporary bonds, certificates of indebtedness, o r any other obligation lawfully
created .
8.3 Project Revenues
8.3.1 Tax Increment Financing
The Plan contemplates that a primary method of financing projects within
the Area will be through the use of property tax and City Sales Tax
increments. The Authority shall be authorized to pledge all or any
portion of s uch property tax and City Sales Tax increment revenues for
financing public infrastructure that benefits the Area pursuant to one or
more Cooperation Agreements.
LELAND CONSULTI NG GROU P (20 Ju ly 2009)
27
8.3.2 Distribution of Tax Revenues
As specified in. any amendment to this Plan which creates a new Tax
Increment Area as set forth herein, property taxes and/or City Taxes
levied after the effective date of the approval of such amendment shall be
divided for a period commencing on the date of City Council approval of
such amendment and continuing for a period not-to-exceed twenty-five
years in accordance with Section 31-25-107(9) of the Act and the terms of
any applicable Cooperation Agreement.
8.4 Other Financing Mechanisms/ Structures
TI1e Plan is designed to provide for the use of tax increment financing as one tool
to facilitate investment and reinvestment within the Area. However, in addition
to tax increment financing, the Authori ty shall be authorized to finance
implementation of the Plan by any method authorized by the Act. The Authority
is committed to making a variety of strategies and mechanisms available which
are financial, physical, market and organizational in nature. It is the intent of this
Plan to use the tools either independently o r in various combinations. Given the
obstacles associated with development, the Authority recognizes that it is
imperative that solutions and resources be put in place which are
comprehensive, flexible and creative.
9.0 Severability
If any portion of this Plan is held to be invalid or unenforceable, such invalidity
will nol affect the remaining portions of the Plan.
LELAND CONSULTING GROUP (20 July 2009)
28