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HomeMy WebLinkAboutResolution-1985-0940 RESOLUTION NO. 940 Series of 1985 TITLE: RESOLUTION APPROVING THE REVISION OF THE KIPLING ACTIVITY CENTER URBAN RENEWAL PLAN AND AREA. WHEREAS, public notice has been given and the City Council has held a public hearing on April 8, 1985 on the Kipling Activity Center Urban Renewal Plan Rev; s; on. WHEREAS, the City Council has established an Urban Renewal Authority, and that Authority has recommended to the City Council that the Kipling Activity Center Urban Renewal Plan Revision be approved. WHEREAS, the Planning Commission has found that the Urban Renewal Plan Revision conforms to the Comprehensive Development Plan of the City of Wheat Ridge. 1. NOW, THEREFORE, BE IT RESOLVED that the Council finds that there is blight in the Kipling Activity Center Urban Plan Area, as hereby revised. 2. BE IT FURTHER RESOLVED that the Council finds that the Urban Renewal Plan Revision conforms to the Wheat Ridge Comprehensive Development Plan. 3. BE IT FURTHER RESOLVED that the Plan, as revised, affords maximum opportunity for the rehabilitation or redevelopment of the Urban Renewal Area by private enterprise. 4. BE IT FURTHER RESOLVED that the Kipling Activity Center Urban Renewal Plan Revision is hereby approved. 5. BE IT FURTHER RESOLVED that the Urban Renewal Authority under this revised Plan can have responsibili ty for requesting proposals for development within the designated acquisition area. DONE AND RESOLVED THIS 8th day of Apr; 1 , 1985. ~- '~(2''',~ -' FRANK STITES, MAYOR ATTEST: '~ 1 E X PAN D E D KIPLING ACTIVITY CENTER URBAN RENEWAL PLAN CITY OF WHEAT RIDGE APRIL 8, 1985 I. URBAN RENEWAL PLAN A. STATUTORY AUTHORITY This Plan has been approved by the Wheat Ridge City Council to provide direction for the Wheat Ridge Urban Renewal Authority, hereinafter referred to as "Authority", pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part I of Article 25 of Title 31, CRS 1973, as amended. The administration of this project and the enforcement of any documents implementing it, shall be performed by the Authority in conjunction with the City Council as needed with Staff support as assigned by the City Administrator. B. THE URBAN RENEWAL AREA AND THE PROJECT BY THE ADOPTION OF THIS PLAN, the Urban Renewal Plan is established. The Project Area boundaries are shown in the Kipling Activity Center Project, Attachment 1, Page 4. The Urban Renewal Area is described as follows: The area boundary begins at the intersection of the east right-of-way line of Independence Street and the south right-of-way line of the South 1-70 Service Road; extends west along the south right-os-way line of the South 1-70 Service Road to the east lot line of D & M Subdivision, Lot 1; extends south along the eastern property line of D & M Subdivision, Lot 1; extends west to James Chado's northeast property corner; extends south to the northern lot line of Juchem's Garden Subdivision, Tract A; follows the Juchem's Garden Subdivision's northern boundary east to the northeast corner of Juchem's Garden Subdivision, Tract C; extends south along the eastern property line of Juchem's Garden Subdivision,Tract C; follows east along the northern property line of the Caldwell property; extends south along the east right-of-way line of Independence Street to the south right-of-way line of West 44th Avenue; extends west on West 44th Avenue to the west right-of-way line of Miller Street (extended); extends north along the west line of Miller Street (extended) to the north right-of-way line of West 44th Avenue; extends east along West 44th Avenue to the east right-of-way line of Lee Street; extends north along Lee Street to the northwest corner of the Tofflemoyer property; follows the northern lot lines of the Tofflemoyer and Larson properties to the west right-of-way line of Kipling Street; extends north along Kipling Street to the southeast corner of the Morris property; extends west along the Morris and LaMeres property; extends north along the west property line of the LaMeres property, a distance of 200 feet; extends west 100 feet; extends north to the south property line of the Koch property; extends west along the Koch property to the west right-of-way line of Miller Street; extends north along Miller Street, across I-70 to the north right-of-way line of I-70; extends easterly along the north right-of-way line of 1-70 to the east right-of- way line of Independence Street; extends south along the east right-of-way line of Independence Street (extended) across I-70 to the south right-of-way line of the South I-70 Service Road, which is also the point of beginning; all in the records of the Jefferson County Clerk and Recorder in the City of Wheat Ridge, Jefferson County, State of Colo- rado. The Project Area and Plan is hereby amended and the Project Area boundaries are hereby expanded to include the following described real property: Beginning at the intersection of the northerly R.O.W. line of Interstate 70 and the easterly R.O.W. line of Kipling Street, thence northerly along the easterly Kipling R.O.W. line to its intersection with the northerly Public Service R.O.W. line north of West 50th Avenue, thence southwesterly across Kipling Street and along the northern Wheat Ridge -1- 4/8/85 City limit line between Kipling and Miller Streets and the southwesterly extension of that line to the intersection of that extension with the westerly R.O.W. line of Miller Street, thence southerly along the westerly R.O.W. line of Miller Street to its intersection with the northerly R.O.W. line of Interstate Highway 70, thence easterly along the northern R.O.W. line of Interstate Highway 70 to its intersection with the easterly R.O.W. line of Kipling Street, that being the Point of Beginning, all in the records of the Jefferson County Clerk and Recorder in the City of Wheat Ridge, Jefferson County, State of Colorado. Also included in the Urban Renewal Area are the street right-of-way and street intersections of the above described area. The properties included in the Urban Renewal Area are listed in Attachment 5, an Inventory of Properties. The "Urban Renewal Area" is also designated as the capture area for tax increment financing purposes. The Authority and Staff may discuss further projects with property owners and merchants in the adjacent areas. Minor deviations from the above Urban Renewal Area may be approved by the Wheat Ridge Urban Renewal Authority without City Council approval. The Kipling Activity Center Urban Renewal Area has of approximately 104.6 acres. The following chart total acreages for each of the development units. see the Kipling Activity Center Project. a total shows the Please Unit II 27.6 acres Unit III 24.051 acres Unit IV 17.000 acres Unit V 24.920 acres Unit VI 11.073 acres When appropriate, the Urban Renewal Authority may advise the City Council on any of the elements of the total project. Once the Urban Renewal Plan has been adopted, the Council gives authority to the Urban Renewal Authority to carry out project elements by passing a resolution(s) that approves one or more of the elements of the Urban Renewal Plan. Once an element is approved by Council, the Authority shall have reasonable latitude to carry out the element under power stated in the ordinance that created the Authority and the activities stated in this plan. -2- 4/8/85 C. PROJECT ELEMENTS PROPOSED The fOllowing projects are proposed to encourage private development in the area, subject to funding and approval by City Council and Urban Renewal Authority. Please see the Kipling Activity Center Project, Attachment 1, Page 8. 1. Relocate South I-10/Kipling Frontage Road. 2. Upgrade 44th Avenue (from Miller to Independence) and Kipling Intersection. 3. Add northbound left turn lane to Kipling Street at West 50th Avenue. 4. Add a second (i.e., double) northbound left turn lane to Kipling Street at West 49th Avenue. 5. Relocate the south Interstate 10/Kipling access ramps and add a second (i.e., double) southbound left turn lane to Kipling Street at the relocated ramps. 6. Add a second (i.e., double) left turn lane to Kipling Street at West 50th Avenue. 1. Extend West 50th Avenue from Kipling Street to Miller Street. 8. The properties shown on Exhibit 1 attached may be acquired for the purpose of redevelopment as a significant, major retail sales tax generating facility for the City of Wheat Ridge, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Section 31-25-105ff,. CRS 1913, as amended. PROJECT ELEMENTS APPROVED BY THE CITY COUNCIL 1. The relocation of the South I-70/Kipling Frontage Road was approved by City Council on January 24, 1983. D. PROJECT PURPOSES 1. Improvement or elimination of conditions constituting blight which are detrimental to the Project Area, adjacent neighborhoods and facilities, and to the City as a whole. 2. Redevelopment of the Project Area in a manner compatible with and complimentary to existing development and uses in the general area, including adjacent and nearby residential neighborhoods, office, commercial and recreational development. 3. Encouragement of increased patronage of businesses within the Urban Renewal Area and adjacent areas by improving traffic circulation, access, attractiveness, and recognition of the commercial center. 4. Provision of a stronger, more balanced tax base through new development and increased commercial activity. 5. Encourage of rehabilitation of properties that have a potential to function more compatibly with new development. E. LAND USE REGULATIONS AND BUILDING REQUIREMENTS The land use, design and construction for new development in the Urban Renewal Area, shall comply with City of Wheat Ridge regulations and ordinances. However, the Authority may impose such additional land use and design controls as it considers necessary and appropriate to assure development which is visually and functionally compatible with the location of adjacent development. -3- 4/8/85 F. PROJECT ACTIVITIES 1. Property acquisition. The Authority may acquire property within the Project Area pursuant to the provisions in the Urban Renewal Law of the State of Colorado, Section 31-25-105(1)(e), C.R.S. 1973, as amended. Properties identified for acquisition may be exempted from acquisition if implementation of that part of the Plan can be achieved in the same manner as by acquisition through an agreement whereby the developer and/or owner participate with the Authority. The Authority may sell, lease, or otherwise transfer real property or any interest therein acquired by it as a part of an urban renewal project for residential, recreational, commercial, industrial, or other uses for public use in accordance with the Urban Renewal Plan pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Section 31-25-106(1), C.R.S. 1973, as amended 2. Property Management. During the time that acquired property is owned by the Authority, such property shall be under the management and control of the Authority and may be rented or leased, pending its disposition for redevelopment. 3. Relocation. If, as a result of acquisition of real property by the Authority or as a result of an agreement between the Authority and a designated developer for redevelopment of property designed for acquisition by the Plan, but considered exempt from acquisition under 1. above, businesses, families or individuals are displaced, the Authority may, but is not obligated to, provide relocation benefits in such form and amounts and subject to such terms and conditions it may establish, depending upon, among other things, the availability of funds. 4. Demolition, Clearance and Site Preparation. Buildings, structures, pavement and other improvements may be demolished and cleared from property which the Authority acquires, or as a result of an agreement between the Authority and a designated developer for redevelopment of property designed for acquisition by the Plan, but considered exempt from acquisition under 1. above, and the property may be prepared for new improvements in accordance with this Plan. 5. Public Improvements and Facilities. The Authority will install and construct or cooperate as appropriate with other public or private agencies, in the installation and construction of such public improvements, public facilities and utilities as are necessary to carry out this Plan. Such improvements, facilities and utilities include, but are not limited to, street widening, curbs and gutters, drives, sidewalks, signs, and landscaped areas. 6. Property Disposition. All property acquired by the Authority in the Project Area will be developed for public use in accordance with the provisions of this Plan and the Colorado Urban Renewal Law. Property may be conveyed to the City or other Public Body without charge. G. PROJECT FINANCING 1. Financing Method. The Authority is authorized to finance projects for the implementation of this Plan with property tax _4_ 4/~/A~ increments, sales tax increments, interest income, or any other available source. The Authority is authorized to issue bonds in an amount sufficient to finance all or any part of the project. The Authority is authorized to borrow funds and create indebtedness in carrying out this Plan. The principal and interest in such indebtedness will be paid from tax increments or any other funds available to the Authority. 2. Tax Increment. The projects initiated to implement the Plan are to be financed by the Authority under the tax allocation financing provisions of the Urban Renewal Law of the State of Colorado. The general provisions of the financing method are set forth below. In accordance with the requirements of this Section 31-25-107(9)(a), C.R.S. 1973, as amended. Jefferson County School District R-l has been requested and permitted to participate in an advisory capacity concerning the project financing included in this Urban Renewal Plan. 3. Tax Allocation. Pursuant to Section 31-25-107(9)(a) C.R.S. 1973, as amended, all taxes levied upon taxable property within the area of this Plan each year and those municipal sales taxes collected within said area, by and for the benefit of any public body, hereinafter referred to as "Public Body", shall be divided for a period not to exceed twenty-five years after the effective date of the ordinance approving this Plan. a. Present Tax. That portion of the taxes which are produced by the levy at the rate fixed each year by or for each Public Body upon the valuation for assessment of taxable property in the Urban Renewal Area last certified prior to the effective date of approval of the Urban Renewal Plan and that portion of municipal sales taxes collected within the boundaries of the Urban Renewal Area in the twelve-month period ending on the last day of the month prior to the effective date of the approval of the Urban Renewal Plan shall be paid into the funds of each Public Body as are all other taxes collected by or for such Public Body. b. Tax Increment. That portion of such property taxes, real and personal, and all or any portion of such sales taxes in excess of the amounts described in subparagraph 3a., above, shall be allocated to and, when collected, paid into a special fund of the Wheat Ridge Urban Renewal Authority to pay the principal of, the interest on,. and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred, whether funded, refunded, assumed, or otherwise, by the Wheat Ridge Urban Renewal Authority for financing or refinancing, in whole or in part, the Urban Renewal Project within the described Urban Renewal Area. Any excess municipal sales tax collections not allocated pursuant to this subparagraph 3b. shall be paid into the funds of the City of Wheat Ridge. Unless and until the total valuation for assessment of the taxable property in the Urban Renewal Area exceeds the base valuation for assessment of the taxable property in such Urban Renewal Area, as provided in subparagraph 3a., all of the taxes levied upon the taxable property in the Urban Renewal Area shall be paid into the funds of the respective Public Bodies. Unless and until the total municipal sales tax collections in the Urban Renewal Area exceed the base year municipal sales tax collections in the Urban -5- 4/5/85 Renewal Area, as provided in subparagraph 3a., above, all such sales tax collections shall be paid into the funds of the City of Wheat Ridge. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property or the total municipal sales tax collections, in the Urban Renewal Area shall be paid into the funds of the respective Public Bodies. A maximum percentage of the total sales tax increment to be so reserved shall be established by resolution of the City Council c. Pledge of Tax Increment. The portion taxes described in subparagraph 3b., above, are hereby irrevocably pledged for the payment of the principal of and interest on the incurring of any indebtedness (whether funded, refunded, assumed, or otherwise) by the Authority to finance or refinance the Urban Renewal Project in whole or in part. 4. Termination of Liability. When such bonds, loans, advances, and indebtedness, if any, including interest thereon, and any premiums due in connection therewith, have been paid, all taxes upon the taxable property or the total municipal sales tax collections, or both, ;in the Urban Renewal Area, shall be paid into the funds of the Public Body. H. CHANGES IN THE APPROVED PLAN This Plan may be modified pursuant to the provisions of the Colorado Urban Renewal Law governing such modifications including Section 31-25-107 C.R.S. 1973, as amended. I. MINOR VARIATIONS Where a literal enforcement of the provlslons contained in this Plan would constitute an unreasonable limitation beyond the intent and purpose of these provisions, the Authority may in specific cases allow minor variations from these provisions. J. CONTROL OF USES AND SITE PLAN APPROVAL To achieve the goals of this plan, the City Council and Staff may limit uses either through zoning or at the point of building permit. The City may require site plan approval to achieve the urban design and circulation goals of the Plan and Project. This site plan approval may be through zoning or at the time of issuing a building permit. -6- 4/5/85 EXHIBIT 1 AS PER PAGE 3 - C 8 I I I.'" .. I I I I .', " ""i~'.. -~. ) .~. .\,""~ ~1' ,.:.<r' "', ;)~:";~F-~~ ,,"~17.' '::"""".ii:i,' :. '.;.":t :'~~f!'~,,.-~,,~, '. '/'..~.~"'. "" ~'" . "'. '\t.......)""f! "/"," :1~:--"t.:.*f:".':F .;?~"" l~ .~' n, , " .~ -:' ", 3 r--S;:'~'E I- .lto 11I0 .~~,. ."1:. ? !,' ...."-. 23 >>t.I' '0 37 ;;; a:: 50 w ...J PO' "r. ...J ~ I I ,), 26 ': '. ,- ! 19 a3 ..' ..11188-1108 25 ~ .~ .. STA TE HWY. .____._ ._35-____.__ __ IIO'-Ifo\. ~///////////-<< PROPERTIES SUBJECT TO ACQUISITION