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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 . 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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