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ORDINANCE NO. 08, Series 2012 INTRODUCED BY: COUNCILOR ALEXANDRA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AMENDING THE “URBAN RENEWAL PLAN – LAFAYETTE OLD TOWN & SOUTH BOULDER ROAD REVITALIZATION AREA” WHEREAS, in April of 1999 the Lafayette City Council approved a resolution establishing the Lafayette Urban Renewal Authority (“LURA”), pursuant to the provisions of “The Colorado Urban Renewal Law” (Part 1 of Article 25, Title 31 of the Colorado Revised Statutes). Since the inception of the Lafayette Urban Renewal Authority in 1999, Lafayette City Council has served as the Authority, pursuant to the provisions of Section 31-25-115, C.R.S.; and WHEREAS, in October of 1999, the Lafayette City Council adopted Ordinance No. 38 Series 1999 designating the “Lafayette Old Town Urban Renewal Area,” and, pursuant to the Colorado Urban Renewal Law approved the “Urban Renewal Plan for Old Town Lafayette”; and WHEREAS, in June of 2002, the Lafayette City Council adopted Ordinance No. 13 Series 2002 designating a second urban renewal area, known as the “South Boulder Road Revitalization Area,” which area was adjacent to the Old Town Urban Renewal Area. The Lafayette City Council amended the 1999 Urban Renewal Plan to include both the Lafayette Old Town Urban Renewal Area and the South Boulder Road Revitalization Urban Renewal Area, within the parameters of the Urban Renewal Plan. Said Urban Renewal Plan, as amended, is known as the “Urban Renewal Plan – Lafayette Old Town & South Boulder Road Revitalization Area” (the “Plan”); and WHEREAS, at the time of the adoption of this ordinance, the “Urban Renewal Plan – Lafayette Old Town & South Boulder Road Revitalization Area” is the only adopted urban renewal plan governing the activities of the Lafayette Urban Renewal Authority. There has been no major substantive modification to the Plan since the 2002 amendment; and WHEREAS, the Plan provides for tax increment financing (“TIF”) as one of the means to finance the activities of LURA; and WHEREAS, as a result of a national and regional economic downturn occurring largely since the inception of LURA, a general downturn in the value of real estate in the nation and the ---PAGE BREAK--- 2 region, and the conversion of much of the commercial land in the South Boulder Road Revitalization Area to tax exempt status, the tax increment financing mechanism has resulted in only modest revenues for LURA. Neither the City, nor LURA, anticipate that there will be substantial increases in TIF revenues during the life of the TIF associated with the Plan; and WHEREAS, given the modest level of TIF revenues, and associated financing, that has been and will be available to LURA with respect to the Plan, both City Council and LURA believe that it is important for LURA to minimize administrative costs, such that LURA’s limited revenues will be more widely available for urban renewal projects initiated pursuant to the Plan; and WHEREAS, as a means of efficiently allocating the cost to administer the Plan, and urban renewal projects initiated under the Plan, the City has, and is willing to continue to make available to LURA, reasonable administrative support through its existing employees and facilities; and WHEREAS, City Council anticipates designating a citizen board to sit as the Lafayette Urban Renewal Authority, with the conversion anticipated occur in calendar year 2012. In order to facilitate the conversion and to memorialize the relationship between the City Council and LURA with respect to administration of the Plan, both LURA and City Council wish to modify the Plan to address details of administration of the Plan as provided below; and WHEREAS, various land uses and land use categories have evolved since the initial adoption of the Plan, which requires further clarification and modification of the allowed, general land use classifications as they pertain to the affected urban renewal areas; and WHEREAS, LURA has considered the modifications to the Plan as proposed herein, and has recommended the Plan be modified to incorporate such changes; and WHEREAS, pursuant to the provisions of Section 31-25-107 C.R.S., City Council has considered the proposed modifications set forth in this ordinance, and finds and determines that such modifications do not constitute modifications that will substantially change the urban renewal plan in land area, land use, design, building requirements, timing or procedure, as previously approved. Accordingly, such modifications to the Plan may be approved and incorporated into the Plan by adoption of this ordinance by City Council.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: ---PAGE BREAK--- 3 Section 1. The “Urban Renewal Plan – Lafayette Old Town & South Boulder Road Revitalization Area” (the “Plan”), is hereby amended to add the following subparagraphs to paragraph H (“Cooperation Agreements”) of section IV. (“Plan Activities”): 1. Recognizing the limited resources that are available to the Authority and that those resources should, to the extend reasonable possible, be expended directly on projects and improvements in the Urban Renewal Areas, it is intended that the Authority utilize existing City administrative services (such as staff, offices and facilities, and insurance policies), so as to avoid duplication of those general administrative expenses. 2. As a means to effectively and efficiently finance the administration of the Authority in the implementation of this Plan, the City of Lafayette will, subject to annual appropriations by City Council, provide reasonable “General Administrative Support” to the Authority by the assignment of one or more City employees, as determined by the City Administrator, to act and carry out the functions of the executive director of the Authority and provide other general administrative services. (Neither the City nor the Authority anticipate that the assigned employee(s) will be exclusively devoted to the Authority’s activities); providing reasonable administrative support through the various offices and departments of the City; providing general legal services through the offices of the City Attorney; providing reasonable use of City facilities as are necessary to carry out the general business of the Authority; and including the Authority as an “insured” on various of the City’s insurance policies when such inclusion is cost effective. Such General Administrative Support shall not extend to securing employment of outside consultants and experts, or payment of significant expenses that are directly related to any urban renewal projects that are undertaken by the Authority. As compensation for the General Administrative Support provided by the City to the Authority, the Authority shall pay to the City, on an annual basis, 10% of the gross revenues of the Authority. 3. Prior to undertaking any urban renewal project pursuant to this Plan for which the cost is reasonably anticipated to exceed 40% of the budgeted amount of tax increment revenues of the Authority for that year, the Authority will present such proposed project to the Lafayette City Council and obtain City Council’s consent to proceed with the project. 4. As a part of the annual budgeting process of the Authority, the Authority will present its annual budget to City Council for the purpose of securing any comments or suggestions from the City Council, prior to the adoption of the budget by the authority. Section 2. Subsection VI.A of the Plan is hereby amended to read as follows: ---PAGE BREAK--- 4 A. Uses 1. For the portion of the District currently zoned B1, notwithstanding the provisions of the underlying B-1 zoning, the following use restrictions apply in the Urban Renewal Area. Permitted: Accessory uses; Accessory Building/Structure; Arts gallery or studio; Household pets; Medical/dental offices; Motels/hotels/resorts Offices, except for bail bond brokers; Parks and playgrounds; Personal service outlets, (except tattoo parlors), such as barber and beauty shops, self-self laundries, shoe repair, tailors, dry cleaners and travel agencies; Recreational club or facility (indoor or outdoor); Restaurants; Retail sales including but not limited to the sale of food, beverages, dry goods, furniture, appliances, hardware, and clothing with floor areas of less than 20,000 sq. ft., except pawn shops; Telecommunications Facility*. * May be permitted or require a telecommunications review in accordance with Development & Zoning Code Section 26-22.5-8. Permitted with Special Use Review: Assisted living; Bed and Breakfast; Churches (30’ setback to all residentially zoned lots); Commercial parking/parking lots and structures; Commercial Recreational Establishment (such as bowling alley, skating rink); Daycare centers; Drive-up facilities; Drive-up restaurants; Extractions of oil and gaseous materials; Home Occupations; Hospitals; Indoor amusement, entertainment, arcades; Library; Lumber, plumbing, electrical and building supplies; Mini-banks detached from principal building; Mortuary; ---PAGE BREAK--- 5 Municipal or public utility facilities and buildings excluding offices, repair and storage yards; Nurseries and greenhouses (commercial); Printing/publishing; Private/public membership clubs; Residential: Single family dwelling in a mixed use building complex; Duplex two-family dwellings in a mixed use building complex; Multi-family dwellings in a mixed use building complex; Multi-family dwellings; Retail with 20,000 square feet or greater, except pawn shops; School, public School, private Tailoring, millinery, electronic part assembly, woodwork, and other similar limited manufacturing activity that does not generate high noise levels and that meets the provisions of the International Building Code Factory Group F requirements Theaters, auditorium; Veterinary hospital/clinic; Telecommunications Facilities*. * May be permitted or require a telecommunications review in accordance with Development & Zoning Code Section 26-22.5-8. Prohibited: Agricultural use (crop production only); Animals; Asphalt plant; Automotive paint and body shop; Automotive and recreational vehicle service and sales greater than two ton; Automotive and recreational vehicle service and sales less than two ton; Bailbond broker office; Board and care facility; Camper park or campground; Carwash; Enclosed screened and fenced) storage yard; Extraction of minerals; Feedmill; Gas station (fuel facility); Golf course (public or private); Halfway houses; Kennel and similar uses such as dog daycare; Machine shops; Mineral extraction; Mobile home park or subdivision; ---PAGE BREAK--- 6 Mobile home sales and service; Mobile homes on individual lots; Nursing home/convalescent home; Parking lots/structures, except as accessory use to permitted or special use; Pawn shop; Refineries; Research facility, testing, laboratory, and facilities for manufacturing, fabricating, processing, and storage of products; Residential: Accessory dwelling; Single family dwelling; Duplex two-family dwelling; Sexually oriented business; Slaughter and processing of animals; Storage yard; Tattoo parlor; Transportation Center; Vehicle storage, sales, service or repair (Motorized); Wholesale establishments; Warehouse (mini-storage or other). 2. For the portion of the District zoned C1, notwithstanding the provisions of the underlying C-1 zoning, the following use restrictions apply in the Urban Renewal Area. Permitted: Accessory building/structure; Accessory uses; Art gallery or studio; Home occupations; Household pets; Lumber, plumbing, electrical, and building supplies; Medical/dental offices; Motels, hotels, or resorts; Offices, as part of a mixed-use (office/retail) building, except for bail bond brokers; Personal service outlets such as barber shop, beauty shop, self-service laundries, shoe repair, tailors, dry cleaners, travel agencies; Parking lot or structure as accessory to a permitted or special use; Restaurants; Retail sales, except pawn shops, including but not limited to the sale of food, beverages, dry goods, furniture, appliances, hardware, and clothing with floor areas of less than 20,000 square feet; Retail sales, except pawn shops, with floor areas in excess of 20,000 square feet; Telecommunications Facility*; ---PAGE BREAK--- 7 *May be permitted or require a telecommunications review in accordance with Development & Zoning Code Section 26-22.5-8. Permitted with Special Use Review Automotive and recreational vehicle service and sales, less than two ton; Churches (30 foot setback to all residentially/zoned lots); Commercial recreational establishment (such as a bowling alley, skating rink); Daycare center; Drive-up facility; Drive-up restaurant; Extractions of oil and gaseous materials; Gas station (fuel facility) Hospitals; Indoor amusement, entertainment, arcades; Library; Mini-banks detached from principal building; Mortuary; Municipal or public utility facility and building, excluding offices, repair and storage yards; Nurseries or greenhouses (commercial); Printing, publishing; Private or public membership clubs; Recreational club or facility (indoor or outdoor); Residential: Single family dwelling in a mixed use building complex; Duplex two-family dwellings in a mixed use building complex; Multi-family dwellings in a mixed use building complex; Telecommunications Facilities*; Theaters, auditoriums, or places of assembly; Transportation Center, except trucking terminal; Wholesale establishments. *May be permitted or require a telecommunications review in accordance with Development & Zoning Code Section 26-22.5-8. Prohibited: Agriculture use (crop production only); Animals; Asphalt plant; Assisted living; Automobile storage yard; Automotive and recreational vehicle service and sales greater than two ton; Automotive paint, body, or repair shop; ---PAGE BREAK--- 8 Bed and breakfast; Board and care facility; Camper park or campground; Commercial parking lot; Enclosed (screened and fenced) storage yard, except as an accessory use to a permitted or special use; Extraction of minerals; Feedmill; Golf course (public or private); Halfway house; Kennel and similar uses such as dog daycare; Machine shops; Mobile homes on individual lots; Mobile home park or subdivision; Mobile home sales and service; Nursing home/convalescent home; Park or playground; Refinement of hydro-carbons, mineral or gaseous materials; Research facility: testing, laboratory, and facility for manufacturing, fabricating, processing, or storing products; Residential: Single-family dwelling; Two-family dwelling; Multi-family dwelling; School, public or private; Sexually oriented business; Slaughter and processing of animals; Tailoring, millinery, electronic part assembly, woodwork, and other similar limited manufacturing activity that does not generate high noise levels and that meets the provisions of the International Building Code Factory Group F requirements; Veterinarian hospital or clinic; Warehouse (mini-storage or other). Section 3. All other provisions of the Plan, as previously adopted, that are not inconsistent with the provisions of this Amendment shall remain in full force and effect. Section 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. ---PAGE BREAK--- 9 Section 6. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 8. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE 21ST DAY OF FEBRUARY, 2012. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE 5TH DAY OF MARCH 2012. CITY OF LAFAYETTE, COLORADO Carolyn D. Cutler, Mayor ATTEST: APPROVED AS TO FORM: Susan Koster, CMC David S. Williamson City Clerk City Attorney