C.D. No ORDINANCENO.: 3217 INTRODUCEDBY: Vigil

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1 C.D. No ORDINANCENO.: 3217 INTRODUCEDBY: Vigil AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS REGARDING BLIGHT AND APPROVING THE SOUTH THORNTON URBAN RENEWAL PLAN. WHEREAS, an urban renewal plan for the South Thornton Urban Renewal Area has been submitted to the City Council of the City of Thornton for appropriate action pursuant to Part I of Article 25 of Title 31, of the Colorado Revised Statutes (the Act); and WHEREAS, it is desirable and in the public interest that the Thornton Development Authority, a Colorado urban renewal authority, undertake the redevelopment described in the South Thornton Urban Renewal Plan (the Plan), attached hereto and incorporated herein as Exhibit I ; and WHEREAS, the City staff recommends removing the following two parcels from Exhibit 1: City Open Space Parcel and North Star Elementary School as described in Exhibit2;and WHEREAS, the aforesaid Plan is a matter of public record in the custody of the Economic Development Department, and is available for public inspection during business hours of the City; and WHEREAS, on February 28, the City of Thornton provided written notice of a study to determine the existing conditions which were documented in the Conditions Survey by first class mail to each property owner, business, and resident of the area included in the Plan at their last known address in conformance with C.R.S. Section (1)(b). There was presented to the City Council for its review and consideration a document entitled the South Thornton Conditions Survey, dated April 2012, prepared by Ricker Cunningham, consisting of 38 pages and two appendices, (the Conditions Survey), which Conditions Survey shows that the area described in the Plan qualifies as a blighted area as such term is defined in the Act; and WHEREAS, the City Council of the City of Thornton adopted the Thornton Comprehensive Plan on September 11, 2012, which is the general plan for the development of the City of Thornton; and WHEREAS, the City of Thornton has provided written notice of the public hearing to consider the adoption of the Plan by first class mail to each property owner, business, and resident of the area included in the Plan at their last known address in conformance with C.R.S. Section (4)(c); and WHEREAS, the Adams County Commissioners have received notification of and copiesof the Plan as well as such additional information as is required by C.R.S. Section (3.5); and

2 C.D. No WHEREAS, Adams County School District #12 has received notification of and copies of the Plan and has been given an opportunity to participate in an advisory capacity; and WHEREAS, the public hearing was also noticed by publication on September 9, 2012 as required by C.R.S. Section (3) at least 30 days before the hearing;. and WHEREAS, the City does not have a planning commission and the City Council performs all the duties and functions of such a body pursuant to City Code, including zoning and rezoning of property, comprehensive plan and subsidiary plan approval and amendments, conceptual site plan review, and the review of vested property rights; and WHEREAS, on October 9, 2012, the City Council conducted a public hearing and reviewed said Plan pursuant to the procedural and notice requirements of the City Charter, and the Act, and have considered the evidence presented in support of and in opposition to the Plan, the Conditions Survey, the City s Comprehensive Plan, and staff recommendations and have considered the legislative record and given appropriate weight to the evidence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: Section 1. The Urban Renewal Area described in the Plan is found and declared to be a blighted area as defined by CR.S. Section (2) in the Act as documented by the Conditions Survey and based on evidence presented at the public hearing. The Urban Renewal Area, in its present condition and use, substantially impairs or arrests the sound growth of the City, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare. The following blight factors as defined by C.R.S. Section (2) in the Act are present in the Plan Area: (a) (b) (c) (d) (e) (f) (h) (i) (j) Slum, deteriorated, ordeteriorating structures; Predominance of defective or inadequate street layout; Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; Unsanitary or unsafe conditions; Deterioration of site or other improvements; Unusual topography or inadequate public improvements or utilities; The existence of conditions that endanger life or property by fire or other causes; Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; Environmental contamination of buildings or property; 2

3 CD. No (k5) Existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. This is a legislative finding by the City Council based upon the Conditions Survey and other evidence presented to City Council. Section 2. The principal purpose for the adoption of the Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted areas. Section 3. The boundaries of the Urban Renewal Area have been drawn as narrowly as the City Council determines feasible to accomplish the planning and development objectives of the Plan. Section 4. The Plan has been submitted to the Board of County Commissioners of Adams County, Colorado, together with the information required by C.R.S. Section (3.5) ofthe Act. Section5. Adams County School District #12 has been permitted to participate in an advisory capacity with respect to the inclusion in the Plan of the tax allocation provisions authorized by C.R.S. Section (9) ofthe Act. Section 6. It is not expected that any relocation of individuals and families will be required in connection with the Plan, but to the extent that any such relocation may be required, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. Section 7. It is not expected that any relocation of business concerns will be required in connection with the Plan, but to the extent that any such relocation may be required, a feasible method exists for the relocation of such business concerns in the urban renewal area or in other areas that are not generally less desirable with respect to public utilities and public and commercial facilities. Section 8. Reasonable efforts have been taken to provide written notice of the public hearing prescribed by C.R.S. Section (4)(c) of the Act to all property owners, residents and owners of business concerns in the proposed urban renewal area at their last known addresses at least thirty days prior to the public hearing on the Plan. Section 9. October 9, The only public hearing to consider the Plan was conducted on Section 10. Section C.R.S. Section (4)(e) of the Act does not apply because the City Council did not fail to previously approve this Plan. 3

4 CD. No Section 1 1. The Plan conforms with the Thornton Comprehensive Plan which is the general plan for the development of the City of Thornton as a whole. Section 12. The Plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area described in the Plan by private enterprise. Section 13. To the extent that the Urban Renewal Area described in the Plan may constitute open land within the meaning of C.R.S. Section (5) of the Act, it is found and determined that a shortage of housing of sound standards and design that is decent, safe, and sanitary exists in the City; the need for housing accommodations has been or will be increased as a result of the clearance of substandard and dilapidated housing in the City; the conditions of blight in the Urban Renewal Area described in the Plan and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and, if necessary to carry out the Plan, the acquisition of the area for residential uses is an integral part of and essential to the program of the City, and may require the exercise of governmental action, as provided in the Act, because of being a blighted area. Section 14. To the extent that the Urban Renewal Area described in the Plan may constitute open land within the meaning of C.R.S. Section (6) of the Act, it is found and determined that the nonresidential uses under the Plan are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives and, if necessary to carry out the Plan, the contemplated acquisition of the area may require the exercise of governmental action, as provided in the Act, because of being a blighted area. Section 15. No portion ofthe property within the Urban Renewal Area has been designated as agricultural land within the preceding five years. Section 16. All of the Urban Renewal Area is within the corporate limits of the City. Construction, modification, and maintenance of public improvements, infrastructure and services related to undertaking the Plan will be the responsibility of the City, the Authority, a metropolitan district, and public and private entities other than the County. Section 1 7. The acquisition, clearance, rehabilitation, conservation, development or redevelopment or any combination thereof of the Urban Renewal Area described in the Plan is necessary in the best interests of the public health, safety, morals, and welfare of the citizens of the City of Thornton. Section 18. It is the intention ofthe City Council that both propertytax and sales tax increment will be available to the Authority as a financing tool for urban renewal projects in the Urban Renewal Area, as more fully described in the Plan. Without 4

5 CD. No limiting any provision of the Plan, with respect to sales tax increment, it is the intention of the City Council that: (a) until the Authority issues any bonds, incurs any indebtedness, enters into any loans, or receives any advances, none of the City sales taxes in excess of the base amount as described in the Plan (the Excess Sales Taxes ) will be paid into the special fund of the Authority (the Special Fund ) and all of such Excess Sales Taxes shall be retained by the City; and (b) when the Authority issues any bonds, incurs any indebtedness, enters into any loans, or receives any advances, there shall be allocated to and when collected paid into the Special Fund, such amount of the Excess Sales Taxes as specified by the Authority in any loan agreement, bond indenture, resolution of the Authority or other agreement governing such bonds, indebtedness, loans or advances pursuant to which the Authority borrows money for the Urban Renewal Project. If the City Council is not acting as the Board of the Authority at such time, then the City Council shall also approve the amount of Excess Sales Taxes specified to be paid into the Special Fund. Section 19. The South Thornton Urban Renewal Plan dated October 2012 has been duly reviewed and considered and is hereby approved, excluding the City Open Space Parcel and North Star Elementary School as defined above. The Authority is hereby authorized to take any and all actions pursuant to the Act to carry out the Plan. Section 20. This ordinance shall take effect upon final passage. INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on October9, PASSED AND ADOPTED on second and final reading on October CITY OF THORNTON, COLORADO ATTEST: 40 Nanc/ A. Vifcent, City Clerk 5

6 C.D. No THIS ORDINANCE IS ON FILE IN THE CITY CLERK S OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM: MargaretEmerich, City Attorney PUBLICATION: Posted in six (6) public places afterfirst and second readings. Published in the Northqlenn-Thornton Sentinel after first reading on October 18, 2012, and after second and final reading on November 1,

7 South Thornton Area EXHIBIT 1 C.D. No Urban Renewal Plan Thornton, Colorado October 9, 2012 Prepared for: City of Thornton, Colorado CIt\! f (fl flflfl C:orad o Thornton Development Authority (TDA) lhnrntnn oicnnrnnnt t tf nrti 1 Prepared by: Ricker Cunningham RJcker cinnur:ighzn

8 South Thornton Area Urban Renewal Plan Thornton, Colorado Table of Contents Section 1.0 Introduction Preface 1.2 Blight Findings 1.3 Other Findings 1.4 Urban Renewal Boundaries Map of Urban Renewal Area Section 2.0 Definitions 4 Section 3.0 Purpose of the Plan Development and Design Objectives Section 4.0 Blight Conditions 8 Section 5.0 Plan s Relationship to Local Objectives and Appropriate Land Uses General Description 5.2 Relationship to Thornton Comprehensive Plan 5.3 Relationship to Other Community Plans Section 6.0 Authorized Urban Renewal Undertakings and Activities Public Improvements and Facilities 6.2 Other Improvements and Facilities 6.3 Development Opportunities Catalyst Projects 6.4 Development Standards 6.5 Variations in the Plan 6.6 Urban Renewal Plan Review Process 6.7 Property Acquisition and Land Assemblage 6.8 Relocation Assistance 1

9 South Thornton Area Urban Renewal Plan Thornton, Colorado Table of Contents (cont d) 6.9 Demolition, Clearance, Environmental Remediation, and Site Prep 6.10 Property Disposition 6.11 Redevelopment and Rehabilitation Actions 6.12 Redevelopment I/ Development Agreements 6.13 Cooperation Agreements Section 7.0 Project Financing Public Investment Objective 7.2 Authorization 7.3 Tax Increment Financing Special Fund Base Amount Increment Amount 7.4 Other Financing Mechanisms and Structures Section 8.0 Severability 23 Appendix I: Excerpts from South Thornton Revitalization Subarea Plan, August 2011 Appendix II: Urban Renewal Area Legal Description Attachment 1: Attachment 2: South Thornton Area Conditions Survey South Thornton Area Adams County Impact Report 2

10 South Thornton Area Urban Renewal Plan City of Thornton, Colorado 1.0 Introduction 1.1 Preface This South Thornton Area Urban Renewal Plan (the Plan or the Urban Renewal Plan ) has been prepared by the Thornton Development Authority (the Authority ) for the City of Thornton, Colorado ( 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, 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. All figures, appendices, and attachments hereto are incorporated in and made a part ofthis Plan. 1.2 Blight Findings Under the Act, an urban renewal area is a blighted area that 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 Council of the City (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. The South Thornton Area Conditions Survey, prepared by RickerΙCunningham, RickerCunningham, dated June, 2012, which is attached hereto as Attachment 1 (the Survey ), demonstrates that the South Thornton Area Conditions Survey Area ( Study Area ), as defined in the Survey, is a blighted area under the Act. 1.3 Other Findings The Area is appropriate for urban renewal activities and undertakings authorized by the Act to be performed by the Authority. 3

11 It is the intent of the City Council in adopting this Plan that the Authority exercise all powers authorized in the Act which are necessary, convenient or appropriate to accomplish the objectives stated herein. Further, it is the intent of this Plan that the Authority exercise all such powers as may now be possessed or hereafter granted for the elimination of blight in the Area. The powers conferred by the Act are for public uses and purposes for which public money may be expended and police powers exercised. 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 South Thornton Urban Renewal Area (the Urban Renewal Area or the Area ) includes over 290 separate parcels of real property, all of which are located within the City limits as delineated in Figure No. 1 and described in the legal description attached as Appendix II. Geographically, the Area is generally described as including properties on both the east and west sides of Interstate 25 (I 25), (1-25), bounded by 104th Avenue on the north, approximately 83rd Avenue on the south, approximately Huron Street on the west, and approximately Corona Street Street on the east and totals approximately 664 acres, including rights of way. rights-of-way. The legal description in Appendix II controls the map boundaries in case of any conflict Map of Urban Renewal Area (Figure 1) The Urban Renewal Area map is presented as Figure No. 1 on the following page. 2.0 Definitions Act means the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended. Unless otherwise stated, all capitalized terms herein shall have the same meaning as set forth in the Act. Area or Urban Renewal Area means the South Thornton Urban Renewal Area as depicted in Figure 1 and legally described in Appendix II. Authority means the Thornton Development Authority. 4

12 Figure 1: Urban Renewal Area Map _ lo4thavenue _ r f :, %. 2Ol2SurveyAreaParLes % *& t * i 1 Thotnto Boundary. _.. t4ø % : * a : wfl I I 4, t 4 I I + : I % H... *% Lr L %%%% I L, *% 4% % 4 : R, %i I I 4* %S U,J *%%q t % I ThorntonPkwy % N %* O : %4i : I %* L % u % q B8thAvenue s* t*% t _ Lr!!.. 2 L U,.... I *q r *. B4thAvenue ±r& \ * L!* ::::::::::::::::::::::::::i IIes! & \k *fl**4.:..... Pe.... r I. t I tt u... t 5

13 Base Amount means that portion of the property taxes and municipal sales taxes defined in Section ofthis Plan. Building and Zoning Code means the building and zoning codes of the City, including all rules, regulations, and policies implementing the building and zoning codes as set forth in the Thornton Municipal Code. Base Value means the total assessed value ofthe properties in the Urban Renewal Area last certified prior to approval of the Plan. City Council means the City Council of the City of Thornton. Comprehensive Plan Thornton Comprehensive Plan means the most recently updated version ofthe 2007 Thornton Comprehensive Plan, which is dated May 26, Cooperation Agreement means any agreement between the Authority and City, 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. C.R.S. means the Colorado Revised Statutes, as amended from time to time. Impact Report means the South Thornton Area Adams County Impact Report prepared by RickerΙCunningham, RickerCunningham, dated April 2012, attached hereto as Attachment 2 and incorporated herein by this reference. Plan or Urban Renewal Plan means this South Thornton Area Urban Renewal Plan. Property Tax Increment Revenue means the property tax increment revenue allocated to the Authority by the Act and Section of this Plan. Redevelopment / 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 Increment Revenue means the municipal sales tax increment revenue - allocated to the Authority by the Act and Section of this Plan. Study Area means the geographic territory defined for the Survey, the boundaries of - 6

14 which are coterminous with the Area boundaries. Survey means the South Thornton Area Conditions Survey, prepared by - RickerΙCunningham, RickerCunningham, dated April and June 2012, attached hereto as Attachment 1 and incorporated herein by this reference. Urban Renewal Project shall have the same meaning as in the Act. 3.0 Purpose of the Plan The purpose of this Plan is to reduce, eliminate and prevent the spread of blight within the Area and to stimulate growth and investment within its Area boundaries. To accomplish this purpose, the Plan promotes local objectives expressed in adopted community plans 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 advances the vision and priorities ofthe Comprehensive Plan. The development of properties within the Area will be accomplished through the improvement of existing and construction of new structures and infrastructure and attraction of new investment and reinvestment in the Area through the involvement of the Authority and City with participation and cooperation by the private sector. 3.1 Development and Design Objectives All development in the Area shall conform to the Building and Zoning Codes and any site specific site-specific zoning regulations or policies which might impact properties, all as in effect and as may be amended from time to time. 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 through existing municipal codes and ordinances. General development objectives for the Urban Renewal Area include investment and reinvestment of properties for the purpose of generating revenue sufficient to fund public improvements that address conditions of blight. Correspondingly, it is the intent of this Plan to provide a range of improvements that raise the standard of living for Area residents in established neighborhoods. Specific objectives include the following: 1. Eliminate and prevent blight 7

15 2. Implement elements ofthe Comprehensive Plan 3. Support and advance actions identified in existing and any future plans prepared by the City related to redevelopment in commercial corridors and infill locations that are consistent with the vision of this Plan 4. Improve and provide public improvements including streetscape amenities, trail connections, and parking 5. Stimulate development of under utilized under-utilized land in the Area 6. Increase property values and strengthen the City s economic base 7. Support local businesses 8. Advance cultural art programs and capital investment 9. Increase the capacity and quality of infrastructure in the Area 10. Encouragegrowthgrowth in primary jobs 11. Encourage and facilitate public private public-private partnerships 12. Provide a range of financing mechanisms for improvements 4.0 Blight 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 (2) (2) of the Act, which provides that, in its present condition and use, the presence of at least four of the following factors (see below) 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 deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Unusual topography or inadequate public improvements or utilities; (g) Defective or unusual conditions of title rendering the title nonmarketable; (h) The existence of conditions that endanger life or property by fire or other causes; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j) Environmental contamination of buildings or property; (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or (l) (I) If there is no objection by the property owner or owners and the tenant or 8

16 tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, blighted area also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of Section (2), (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. The general methodology for conducting the Survey is to: (i) define the Study Area; (ii) gather information about properties, infrastructure and other improvements within the Area; (iii) evaluate evidence of blight through field reconnaissance, review of aerial photography, discussions with representatives of various City departments and, (iv) record observed and documented conditions listed as blight factors in the Act. Among the 11 qualifying factors identified in the Act, the Survey identified the presence of the following 10 blight factors in the Study Area: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Unusual topography or inadequate public improvements or utilities; (h) The existence of conditions that endanger life or property by fire or other causes; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j) Environmental contamination of buildings or property; (k5) Existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. 5.0 Plan s Relationship to Local Objectives and Appropriate Land Uses 5.1 General Description Implementation of this Urban Renewal Plan supports the objectives and requirements of the Comprehensive Plan with respect to development and redevelopment. As development occurs in the Area, it shall conform to the Comprehensive Plan and any subsequent updates, the City Building and Zoning Codes and any rules, regulations, and policies promulgated pursuant thereto, 9

17 any site specific site-specific planning documents that might impact properties in the Area including, but not limited to, City approved City-approved site, drainage, and public improvement plans, and any applicable City design standards, all as in effect and as may be amended from time to time. Conditions of blight within the Area will be remedied by the proposed Plan and redevelopment by private enterprise. Public Improvements will be phased as the market allows and funded in part by tax increment revenues. 5.2 Relationship to Comprehensive Plan A general plan for the City, known as the City of Thornton Comprehensive Plan, was adopted in 2007 and is proposed to be updated in 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 Comprehensive Plan and any subsequent updates. Specific elements of the City of Thornton (2007) Comprehensive Plan which this Plan advances, include the following (taken) verbatim. City of Thornton Comprehensive Comr,rehensive Plan 2007 Plan and Goal The 2007 Thornton Comprehensive Plan established a vision for Thornton that can be expressed by what the City strives to be;. A City of Quality and Diverse Neighborhoods. A City of Plentiful Quality Jobs. A City of Great Amenities. A City of Active and Engage Partnerships Section 1: Introduction City Council Charge (page I.2) 1.2) To initiate the comprehensive planning process, the Thornton City Council set the tone and direction for the Comprehensive Plan with the creation and adoption often Value Statements offering overall guidance as a foundation for the Comprehensive Plan. These are: 1. We value families and children; the diversity of our residents. 10

18 2. We value the sense of pride in our community. 3. We value planned growth as part of a dynamic community. 4. We value safety and security in our homes, schools and neighborhood. 5. We value well planned roadways and trails that allow us to easily move about our daily lives. 6. We value open space, clean water, recreation, arts and culture, clean air and entertainment. 7. We value partnership with other governments, businesses and educational institutions. 8. We value economic development and a stable tax base. 9. We value jobs that meet the diversity of our population. 10. We value our location and wish to take advantage of major thoroughfares that provide unique development opportunities. A future land use map identifies numerous use designations for properties within the Area. Figure 2 on the following page illustrates the location of these designations with the Area. Definitions of use categories are presented below. Future Land Use Categories Residential Medium The Residential Medium category provides for a density range between 5 and15 units per gross acre. Typical residential types include single family residential lots smaller than 6,000 square feet, manufactured homes, attached single family homes, patio homes, duplexes, triplexes, townhomes/row houses, condominiums, apartments and loft style units. Residential High The Residential High category provides for dwelling units with an average density ranging from 15 units to 25 units per gross acre. Typical residential types include apartments, condominiums, townhomes/row houses and loft style units. Senior housing and other types of group homes are included in this category. Mixed Use Mixed-Use The mixed use category requires a mix of uses that can include commercial, office, institutional and residential (typically multifamily units). Mixed use areas will be subject to a more specific area plan that demonstrates the interconnectedness of uses. The intention of the mixed use category is not to 11

19 C.D. CD. No. No Figure 2: Future Land Use Map (Overlay of Area Boundaries) iri i e Land Use Reskienhal Estate Commerci& Reskiental Low Resident& Mechurn Resk1enta Hgh fl Urban Vdage, Mixed Use GatewayMxed Use Regiona Commerca Ernpoyment Center ndustnal nsdtuhona Parks and Open Space Urban Reserve C:! 2012 Survey Area Boundary CZThornton Boundary 2012 Survey Area Parceb 4,,.. 14,, 0 84th Avenue imiles 0 J 0 C a \S \S \\ \% \ 12

20 respond quickly to the marketplace, but rather to create integrated land use developments with common landscaping, architectural and design elements. Commercial The Commercial category includes both Neighborhood and Community Commercial land uses. Neighborhood Commercial includes a variety of small retailers and services, including convenience stores, and sit down sit-down restaurants. Neighborhood Commercial is either part of a Community Commercial development or a separate small cluster. Neighborhood Commercial would include neighborhood type commercial uses which do not generate a high volume of customer traffic or delivery traffic. The scale of the buildings is neighborhood in size and bulk. Community Commercial includes supermarkets, drugstores, financial services, offices and personal services. Regional Commercial Regional Commercial includes Traditional Regional, Power Center and Lifestyle Center retail uses. Traditional Regional is characterized by enclosed malls, with three or more large department store anchor tenants. Power Center uses are automotive oriented automotive oriented sites anchored by two or more stand alone stand-alone big box stores of generally more than 100,000 square feet each, offering a wide variety of goods under one roof. Lifestyle Center is distinguished from Traditional Regional and Power Center by an attractive destination oriented destination-oriented pedestrian environment, typified by superior architectural building treatments and extensive landscaping, with large retailers supported by restaurants, multi multiscreen cinema theaters, and amenities such as water features, public gathering spaces and sculptures. Employment Center The Employment Center category includes i Office Parks, Corporate Campuses and Industrial Parks. Office Parks include small office and service use enclaves which have similar but lower level intensity uses than Corporate Campus. These uses do not need the same high level of visibility and access as Corporate Campus. The Corporate Campus land use subcategory anticipates a mix of office types, including multi tenant multi-tenant mid rise mid-rise offices, single tenant single-tenant corporate offices, medical or post secondary post-secondary facilities, and support retail uses such as hotels, restaurants and other office support retail uses that are integrated into a master planned development. Suitable sites would be highly visible with excellent access. The Industrial Park subcategory provides for light manufacturing, research and development, office/warehouse and similar uses that make up the 13

21 business infrastructure for the corporate campus uses. Good access, in particular for heavy truck traffic, would be an important locational factor for this subcategory. Large distribution warehouses, truck terminals and exposed storage would not be appropriate in the Industrial Park subcategory. Institutional The Institutional category includes government, civic, and community facilities such as libraries, recreation, community centers, schools, places of worship, nursing homes, cemeteries and utilities. Parks and Open Space The Parks and Open Space category include both public and private open space, natural and improved parks and other recreational areas. These areas serve many functions including providing opportunities for outdoor recreation, preserving scenic values, providing a buffer between uses, and preserving the capacity and water quality ofthe storm drainage system. 5.3 Relationship to Other Community Plans Implementation of this Urban Renewal Plan will be consistent with development objectives expressed in all community adopted and accepted plans including the Comprehensive Plan and South Thornton Revitalization Subarea Plan, August Specific elements ofthe South Thornton Revitalization Subarea Plan which this Plan advances are presented in Appendix I of this Plan. 6.0 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 Plan, it is the Authority s intent to assist redevelopment through public investment to stimulate private investment in cooperation with property owners and other affected parties in order order to accomplish its objectives. Public private 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. 6.1 Public Improvements and Facilities The Authority may undertake certain actions to make the Area more attractive 14

22 for private investment. The Authority may, or cooperate with others to, install, construct, and reconstruct any public improvements. Additionally, the Authority may, or cooperate with others to, demolish and clear buildings and existing improvements for the purpose of promoting the objectives of the Plan and the Act. Public projects are intended to stimulate (directly and indirectly) private sector investment in and around the Area. It is the intent of this Plan that the combination of public and private investment that may be necessary to advance the objectives stated herein will assist in the investment and reinvestment of the Area and thereby contribute to the overall economic well being well-being of the community. As described in Section 4.0 of this Plan, 10 qualifying conditions of blight, as defined in Section (2) (2) of the Act, are evident in the Area. This Plan proposes to remedy those conditions by providing certain public improvements and facilities, including, but not limited to, the following: (a) Slum, deteriorated, or deteriorating structures: building rehabilitation and facade improvements; (b) Predominance of defective or inadequate street layout: complete sidewalks and roadways; fix curbs and gutters; and, construct public parking; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness: improve vehicular and pedestrian access to interior portions of properties within the Area; (d) Unsanitary or unsafe conditions: enhanced lighting on public rights of rights-ofway; assistance with flood mitigation and fire protection measures; completion of sidewalks; and new signage; (e) Deterioration of site or other improvements: parking surface repaving and landscaping; (f) Unusual topography or inadequate public improvements or utilities: complete street improvements; and underground utilities; (h) The existence of conditions that endanger life or property by fire or other causes: fire protection measures; and, items listed under (d) above; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidations, deterioration, defective design, physical construction, or faulty or inadequate facilities: (see (d) above); (j) Environmental contamination of buildings or property: environmental contamination remediation; and (k5) Existence of health, safety, or welfare factors requiring high levels of 15

23 municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements: construction of public improvements; and, assistance with the redevelopment and rehabilitation of private improvements. 6.2 Other Improvements and Facilities There could be other non public non-public improvements in the Area that may be required to accommodate development and redevelopment. The Authority may assist in the financing, design and constructing of these improvements to the extent authorized by the Act. 6.3 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 public improvements. 6.4 Development Standards All development in the Area shall conform to applicable rules, regulations, policies and other requirements and standards ofthe City and any other governmental entity which has jurisdiction over all or any portion of the Area. In addition, all developers in the Area will be required to submit to the Authority, for review and approval, design standards for buildings, facades, landscaping and any public art elements. In conformance with the Act 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. 6.5 Variations in the Plan The Authority may propose, and the City Council may make, modifications to this Urban Renewal Plan as may be necessary provided they are consistent with the Comprehensive Plan and any subsequent updates. Additionally, any such amendments made in accordance with this Plan and as otherwise contemplated by this Plan must also be compliant with the Act. The Authority may, in specific cases, allow non substantive non-substantive variations from the 16

24 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. 6.6 Urban 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) (b) The Authority may propose modifications, and the City Council may make such modifications as may be necessary provided they are consistent with the Comprehensive Plan and any subsequent updates, as well as the Act. 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. 6.7 Property Acquisition and Land Assemblage The Authority may acquire property by negotiation or any other method authorized by the Act, except that acquisition of property under the power of eminent domain must first be approved by the City Council and must comply with all other applicable legal requirements, including those required by the Act. The Authority may temporarily operate, manage and maintain property acquired in the Area. Such property shall be under the management and control ofthe Authority and may be rented or leased pending its disposition for redevelopment. 6.8 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. 6.9 Demolition, Clearance, Environmental Remediation, and Site Prep In carrying out this Plan, it is anticipated that the Authority may, on a case by case-by- 17

25 case basis, elect to demolish or to cooperate with others to clear buildings, structures and other improvements. Additionally, development activities consistent with this Plan, including but not limited to Redevelopment 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 this Plan, if in the judgment of the Authority, such buildings, structures and other improvements are not to 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 Property Disposition The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for uses 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 ofthis Plan and the Act Redevelopment and Rehabilitation Actions Development and redevelopment 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; 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 develop and redevelop the Area. 18

26 6.12 Redevelopment / Development Agreements The Authority is authorized to enter into Redevelopment/Development Agreements or other contracts with other public bodies and private parties to provide financial assistance in support of development projects consistent with this Plan as may be more fully set forth in the provisions of such agreements. Existing agreements between the City and private parties that are consistent with this Plan are intended to remain in full force and effect, unless all parties to such agreements agree otherwise 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 undertake 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. This paragraph shall not be construed to require any particular form of cooperation. 7.0 Project Financing 7.1 Public Investment Objective It is the intent of the Plan that the public sector plays a significant role in urban renewal efforts as a strategic partner. However, experience has proven that a key component to the success of any urban renewal strategy is participation by both the public and private sectors. Leveraging of resources will be critical as no one entity, either public or private, has sufficient resources alone to sustain a long term long-term improvement effort. Typical public infrastructure investments may include, but are not limited to: unifying streetscape elements (except specific modifications made on private property); improving access and circulation; improving streets and public spaces; providing for infrastructure improvements; completing roads and utilities; and creating creating various financing mechanisms. 19

27 7.2 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 ofthe following: issuance of notes, bonds and other obligations as defined in the Act in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; 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. 7.3 Tax Increment Financing Activities may be financed by the Authority under the tax increment financing provisions of the Act, Section (9), (9), C.R.S., CR5., which is by this reference incorporated herein as if set forth in its entirety. If there is any conflict between the Act as it exists as ofthe date ofthis Plan and this Urban Renewal Plan, the provisions ofthe Act shall control, and the language in this Plan shall be automatically deemed to conform with the Act as it exists as ofthe date of the Plan. Under the current provisions of the Act, such tax incremental revenues may be used for a period not to exceed the statutory requirement, which is presently 25 years after the effective date of adoption of this Plan. If the time period for collection of such tax increments is extended beyond the present 25 year 25-year limit, such extension shall be automatically applicable to this Plan without the need for modification of any of its terms Special Fund The Authority shall establish a special fund as required by the Act for the deposit of all funds generated pursuant to the division of ad valorem property and sales tax revenue described in this section Base Amount 20