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AMENDMENTS: • Modified May 22, 2013 by Resolution No. 2013-25; • Amended March 5, 2012, by Ordinance No. 8, Series 2012; • South Boulder Road Revitalization Area established on June 4, 2002, by Ordinance No. 13 Series 2002; • Lafayette Old Town Urban Renewal Area established on October 5, 1999, by Ordinance No. 38 Series 1999. Urban Renewal Plan Lafayette Old Town & South Boulder Revitalization Area Modified May 22, 2013 I. Introduction The Urban Renewal Plan (the "Plan") for the City of Lafayette's Old Town Area and South Boulder Road Revitalization Area has been prepared pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, C.R.S., as amended (the "Urban Renewal Law"). The administration of the Plan, including the preparation and execution of any documents implementing it, shall be performed by the Lafayette Urban Renewal Authority (the "Authority"). The Plan, and any modifications thereto, shall control the land use, design, and building requirements within the Plan Area, as defined below. Any development within the Plan Area must be approved by the Authority as required herein and comply with all City of Lafayette ordinances and regulations. Any terms used in this Plan that are not defined herein are governed by definitions in the City of Lafayette Municipal Code. It is the intent of this Plan that the objectives will be achieved primarily through cooperation between the public and the private sector, and utilizing the incentives and tools available from all sources, including the Urban Renewal Authority. It is also the intent that implementation will be fair, sensitive to the concerns of businesses and residents, and with preference to locally based businesses. Acquisition of property through the use of eminent domain will only be used as a last resort. Historical Background Lafayette had its origins in farming and coal mining in the 1870's, and the townsite was platted in 1888 in the area now known as "Old Town." It was a thriving community, and early requirements for building permits and minimum costs of construction led to a town of substantial buildings. Land was donated for a church, a cemetery and a park, and early twentieth century prohibitions on "noxious" uses preserved the pleasant atmosphere of the downtown. In 1914, the Town boasted two banks, four hotels, three restaurants, three general merchandise stores, one bakery and confectionery, and many other retail services. It had churches, a fire station, and town hall, and was served by two railroads. Although coal mining has long since declined in the area, and farming is very limited in scale, Lafayette has seen significant residential and commercial growth in the last ten years. The transportation and cultural changes of the twentieth century have distributed most of the growth outside of the Old Town Area, and the downtown has declined significantly from its early years. In every recent study and report that addresses quality of life in Lafayette, residents have indicated an ---PAGE BREAK--- Page 2 of 16 interest in revitalizing the downtown area. In the late 1980’s significant commercial growth occurred at the intersection of Public Road (the U.S. Highway 287) and South Boulder Road. It included large (>40,000 sq. ft.) retail outlets including two grocery stores and a Wal*Mart. In a 1997 Citizen Survey, residents indicated that "small town atmosphere" is the single most admired quality of Lafayette. A Downtown Plan (1994) recognizes the importance of Lafayette's Old Town area, and makes several recommendations to enhance its attractiveness, including major public improvements, design guidelines, business promotions and an "image" program. The 1997 Comprehensive Plan identifies several specific goals for its downtown: Goal 3. To preserve Old Town Lafayette's character, allow for a growing market population, and develop a strong image for downtown. Goal 18. To promote a pedestrian-friendly and inviting downtown environment that will encourage shoppers and others to visit downtown more often and remain downtown for extended periods of time. Goal 35. To encourage businesses that complement Old Town shopping and enhance the of downtown. Goal 37. To provide resources in support of the revitalization of Old Town Lafayette. In 1998, a Strategic Business Development Plan was drafted for the City of Lafayette by the University of Colorado Business Research Division. A key theme, reiterated by local business leaders, regional economic development professionals, residents, and the authors of the study, was the need to revitalize downtown. During the late 1990’s, downtown Lafayette had an active Old Town Merchants Association, and has participated for sixteen years in the Lafayette/Louisville Downtown Revitalization Program, a revolving loan fund for small business. Considerable redevelopment has occurred already, but much work remains to be done. The City Council has identified downtown revitalization as a high priority, and in 1999, the City of Lafayette has undertaken a $3 million public improvement project to provide fiber optic lines connecting Old Town with the South Boulder Road Revitalization Area, improve storm sewer facilities, drainage, street lighting, and the streetscape on Public Road. This major investment is expected to serve as a catalyst to private investment in the Lafayette Old Town Area. In addition, on April 20, 1999, the City Council approved a resolution establishing the Lafayette Urban Renewal Authority. The Authority was created in response to a citizens' petition for the formation of an urban renewal authority, findings of blight in the Old Town Area, and following a public hearing on the matter. The purpose of the Authority is to serve as the public entity to effect revitalization and ---PAGE BREAK--- Page 3 of 16 redevelopment in the downtown area. The Authority will work in partnership with property owners to improve existing structures, bring new commercial and mixed use development to raw land within the blighted area, and prevent deterioration of properties within the area. A Conditions Survey for Old Town (Exhibit 3) was undertaken in March and April of 1999, with the following results: “It is the conclusion of Conditions Survey that the Survey Area does meet the criteria established in Section 31-25-103(2) C.R.S., and in House Bill 99-1326 and is a blighted area. While there are some properties in the Survey Area that are in sound condition, and exhibit none of the statutory factors of blight, there is a substantial degree of deterioration and substandard conditions that contribute to a finding that this area is blighted. It should be noted that this conclusion is made for the Survey Area as a whole, and is not based on separate, individual properties. Existence of the combination of factors in this blighted area "substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations or constitutes an economic or social liability..." (31-25-103(2) C.R.S.) The conclusion that this area is blighted is based on the following findings: 1. There is a substantial number of deteriorated or deteriorating structures in the Survey Area. 2. There is a presence of faulty lot layout within the Survey Area consisting of properties with inconvenient access, and lots of inadequate size for current development needs. 3. There is a presence of unsanitary and unsafe conditions in the Survey Area including lack of pedestrian facilities, inadequate lighting, hazardous play areas, junk and debris, and higher crime rates. 4. There is a strong presence of site problems in the Survey Area, consisting of parking problems, unpaved alleys, awkward building placement, and other site constraints. 5. There is a strong presence of substandard conditions in the Survey Area. 6. The conditions of blight that exist in Old Town Lafayette have inhibited business growth, and have led to the loss of several businesses and significant losses of sales tax revenue, which is the primary source of revenue for the City. 7. The conditions of blight that exist in Old Town Lafayette have hindered industrial recruitment efforts, thus constituting an economic and social liability, and arresting the sound growth of the municipality. Because the large commercial centers built in the late 1980’s had physically and economically deteriorated, a second Conditions Survey (Exhibit 4) on a second blighted area was undertaken in March and April of 2002, with the following results: ---PAGE BREAK--- Page 4 of 16 “..the survey area has significant examples of the conditions associated with the legal definition of blight as established in C.R.S. Section 31-25-103(2) as amended and is a “blighted area”. The conclusion that the South Boulder Road Revitalization area is blighted is based on the following findings: 1. Deteriorated and deteriorating structures exist within the survey area. 2. There is a predominance of defective or inadequate street layout within the survey area. 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness exists within the survey area. 4. Unsanitary or unsafe conditions exist within the survey area. 5. Deterioration of site or other improvements exists throughout the survey area. 6. A defective or unusual condition of title exists that could render a title unmarketable exists. 7. The existence of conditions that endanger life or property by fire and other causes exist within the survey area. 8. The survey area has been experiencing a business decline during a strong economic period, supporting the finding that it is a “blighted” area. II. Plan Objectives. The purpose of the Urban Renewal Plan is to implement the goals of the Lafayette Comprehensive Plan relating to the downtown and the South Boulder Road Revitalization. This revitalization and redevelopment will be accomplished through the improvement of existing structures, attraction of new commercial and mixed use development, and the prevention of deterioration of properties within the area. The effort will involve the participation of the Authority and the City of Lafayette, with the cooperation of the private sector. In downtown, the Authority recognizes the importance of parking impacts on both businesses and residents, and intends to make the consideration of parking improvements a high priority. The Urban Renewal effort is primarily an economic development catalyst for the areas. It is not intended to replace the efforts of [Lafayette Old Town, Inc. (LOTI), or the Chamber of Commerce] other business development, marketing or maintenance efforts. Other vehicles, such as Business Improvement Districts (BID’s) can be utilized for long term interests. Specific project goals include the following: 1. To implement the 1997 Lafayette Comprehensive Plan, particularly the goals relating to the revitalization of downtown (Goals 3, 18, 35 and 37) and economic development in general. 2. To eliminate and prevent conditions of blight which constitute economic and social ---PAGE BREAK--- Page 5 of 16 liabilities to the community. 3. To prevent physical and economic deterioration in the Urban Renewal Area. 4. To attract capital investment, and to assist in the retention and expansion of existing business, strengthening the City’s economic base. 5. To help preserve the unique “Old Town” character of downtown. 6. To create a stable tax base. 7. To facilitate the development of mixed use projects, and improve the standards for residential uses in the downtown area. III. Plan Area The Urban Renewal Area includes two areas: Old Town, generally the south side of Baseline Rd., from Shady Acres Mobile Home Park east to Harrison St.; Public Road from Baseline Road to Spaulding St.; and E. Simpson St. from Public Road to Michigan Ave., and The South Boulder Road Revitalization Area (SBRRA), generally west of Public Road, east of Hwy 287, both north and south of South Boulder Road. A map and detailed description are included in the Appendix as Exhibits 1 & 2. IV. Plan Activities Although Colorado’s Urban Renewal Law and this Plan permit a wide range of activities, preemptive powers such as condemnation are unlikely to be exercised widely. It is the intent of the Lafayette Urban Renewal Authority to use its legally permitted tools as incentives to stimulate the private sector, and in cooperation with property owners and other affected parties to accomplish the objectives of the plan. It is expected that there will be very limited use of property acquisition by the Authority itself. A. Owner Participation The Urban Renewal Authority may enter into ownership participation agreements with property owners or developers in the Urban Renewal Area for the development, redevelopment or rehabilitation of their property. These agreements would provide for participation and assistance that the Authority may choose to provide to such owners or developers. Owner participation and other agreements of this nature shall contain, at a minimum, provisions requiring: • Compliance with the Urban Renewal Plan and City ordinances and regulations. • Covenants to begin and complete development, construction or rehabilitation of both public and private improvements within a period of time considered to be appropriate by the Authority. • The financial commitments of each party. B. Property Acquisition In the event the Lafayette Urban Renewal Authority determines it is necessary to acquire any real ---PAGE BREAK--- Page 6 of 16 property to implement this plan, the Authority may do so by any means available by law, including, without limitation, by exercise of the power of eminent domain. The Authority may acquire property for the following reasons: to eliminate or prevent conditions of blight; to carry out one or more objectives of the Plan; to assemble property for redevelopment by private enterprise; for needed public improvements; and for any other lawful purpose authorized by the Urban Renewal Plan, subject to the provisions of the Urban Renewal Law, or any other applicable law. C. Property Management During such time as 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. D. Relocation Assistance and Payments If acquisition of property displaces any person, family, or business, the Authority may assist such party in finding another location, and may, but is not obligated to, make relocation payments to eligible residents and businesses in such amounts and under such terms and conditions as outlined in the Relocation Handbook. The Authority may update its handbook from time to time. E. Demolition, Clearance, and Site Preparation The Authority may demolish and clear buildings, structures, and other improvements from any property it acquires in accordance with this plan. The Authority may provide rough and finished site grading and other site preparation services as part of a specific redevelopment program. F. Public Improvements and Facilities Public improvements and cooperation by the public sector (Lafayette Urban Renewal Authority and the City) with the private sector will be considered insofar as such improvements and actions enhance the success of redevelopment of the Urban Renewal Area and respond to community needs. It is expected that community parking needs in the Old Town portion of the Urban Renewal Area will be met through the formation of a parking district or some similar mechanism, and will be funded by property owners and businesses. G. Property Disposition The Authority may dispose of property it acquires by means of a reasonable competitive bidding process it establishes in accordance with the Act and pursuant to redevelopment agreements between the Authority and such purchasers. H. Cooperation Agreements For the purposes of planning and carrying out this Plan, the Authority may enter into one or more cooperation agreements with the City or other public entities. Without limitation, such agreements may include project financing and implementation; design, location and construction of public improvements and any other matters required to carry out this Plan. ---PAGE BREAK--- Page 7 of 16 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. I. Other Plan Undertakings and Activities Other Plan undertakings and activities deemed necessary by the Authority to carry out the Plan may be undertaken and performed by the Authority or pursuant to agreements with other public or private entities in accordance with the provisions of the Urban Renewal Law and any other applicable laws. V. Plan Financing The Authority is authorized to finance implementation of the Plan by any method authorized by the Act or any other applicable law, including, without limitation, appropriations, loans or advances from the City; federal loans and grants; state loans and grants; interest income; agreements with public and private parties or entities; sale of securities and other assets; property and sales tax ---PAGE BREAK--- Page 8 of 16 increments; loans, advances and grants from any other available source. Such methods may be combined to finance all or any part of the Plan activities. Any financing method authorized by the Plan or by any applicable law, may be used to pay the principal of and interest on and to establish reserves for indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Authority or the City to finance any project contemplated by this Plan or undertaken pursuant to the Plan in whole or in part. The Authority is authorized to issue notes, bonds, or any other financing instruments or documents in amounts sufficient to finance all or part of the project. The Authority is authorized to borrow funds and to create indebtedness in carrying out this Plan. The principal, interest and any premiums due on, or in connection with, such indebtedness may be paid from tax increments or any other funds available to the Authority. Projects may be financed by the Authority under the tax increment financing provisions of the Act. Such tax incremental revenues may be used for a period not to exceed the statutory requirement, which is presently twenty-five years after the effective date of the initial adoption of this Plan, or as the Authority and City may otherwise agree. The Authority shall notify the Boulder County Assessor of the approval of the plan, the commencement of such tax increment financing, when outstanding obligations have been paid off, and when the purposes of the Authority have otherwise been achieved. A. Establishment of Fund The Authority shall establish a tax increment revenue fund for the deposit of all funds generated pursuant to the division of ad valorem property tax and municipal sales tax revenues described in this section. By approving this Urban Renewal Plan, the City Council hereby approves the inclusion of both property taxes and municipal sales taxes within the tax increment revenue fund. B. Base Amount That portion of the taxes which are produced by the levy at the rate fixed each year by or for such 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 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 Plan, or both such portions, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. C. Increment Amount That portion of said property taxes in excess of such base amount or, that portion of said municipal sales taxes in excess of such base amount, or both, shall be allocated to and, when collected paid into the tax increment revenue fund 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. ---PAGE BREAK--- Page 9 of 16 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 the Urban Renewal Area, all of the taxes levied upon taxable property in the Urban Renewal Area shall be paid into the funds of the respective public entities. Unless and until all or the relevant part of the municipal sales tax collections in the Urban Renewal Area exceed the base year municipal sales tax collections in the Urban Renewal Area, all such sales tax collections shall be paid into the funds of the City. VI. Land Use and Building Requirements The Lafayette Urban Renewal Area is the heart of the City of Lafayette. The Plan will provide a comprehensive and unified plan to promote and encourage high quality development. In addition to the land use and building requirements contained in City codes and regulations, and in the provisions of the Plan, the Authority will adopt Design Guidelines and Standards that will apply to the property included in the Urban Renewal Area. The Plan and Design Guidelines and Standards will implement the provisions of Sec. 31-25-107(8) of the Act, which provides that, upon approval of the Plan by the City Council, the provisions of the Plan shall be controlling with respect to land area, land use, design, building requirements, timing or procedure applicable to the property covered by the Plan. The Plan will recognize any properly designated historic landmark in the Urban Renewal Area. This plan will not supersede any conditions of properly designated historic landmarks. In the absence of Plan requirements governing site-specific projects, standard City codes and regulations will apply. In the event of a conflict involving the provisions of the City codes and regulations, the Plan, and Design Guidelines and Standards, the most restrictive provision shall govern. 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; Micro brew pub; Micro brewery; Motels/hotels/resorts Offices, except for bail bond brokers; Parks and playgrounds; Personal service outlets, (except tattoo parlors), such as barber and beauty ---PAGE BREAK--- Page 10 of 16 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 facilities*. * 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; Brew pub; 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; 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; ---PAGE BREAK--- Page 11 of 16 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; Brewery; 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; 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; ---PAGE BREAK--- Page 12 of 16 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; Micro brew pub; Micro brewery; 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 facilities*; ---PAGE BREAK--- Page 13 of 16 *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; Brew pub; 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; ---PAGE BREAK--- Page 14 of 16 Assisted living; Automobile storage yard; Automotive and recreational vehicle service and sales greater than two ton; Automotive paint, body, or repair shop; Bed and breakfast; Board and care facility; Brewery; 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). ---PAGE BREAK--- Page 15 of 16 B. Plan Review Process In order to eliminate and prevent blight in the Urban Renewal Area and to achieve high-quality development in the Urban Renewal Area, properties within the Urban Renewal Area will be required to meet the highest standards of site planning and architectural design. To assure that those purposes are accomplished, the Authority shall appoint an Architectural Review Committee (ARC) to review all development applications submitted for the Urban Renewal Area for conformance with the Plan. This includes any physical changes, including, but not limited to, new buildings, building additions or renovations, signs, exterior paint, paving, site plans, demolitions, changes in roof materials, or fencing. The Architectural Review Committee shall be appointed by the Mayor, and shall consist of the Executive Director of the Urban Renewal Authority, the Community Development Director of the City of Lafayette, an architect, a member of the Historic Preservation Board, a business owner, and a resident in the Urban Renewal Area. Decisions of the ARC or staff may be appealed to the entire Authority Board. The Architectural Review Committee will also oversee the future development of specific Design Standards for the Urban Renewal Area. The Authority will establish procedures for including public input into the process of development of the Design Standards. The Architectural Review Committee will dissolve when Design Standards for the Urban Renewal Area are adopted. All development applications in the Urban Renewal Area shall also meet all other City requirements. All development applications in the Urban Renewal Area will first be considered by the Urban Renewal Authority for compliance with this Plan, the Design Guidelines and Standards, and all applicable City codes and regulations. Following approval by the Urban Renewal Authority, all development applications will then follow the normal City review procedures as set forth in Section 26-16 of the Lafayette Code. Any development application that undergoes any substantive change in the City’s review procedures must be reconsidered by the Urban Renewal Authority. Notwithstanding the requirements of Lafayette Code Section 26-16-7, the Planning Commission shall have final approval authority for site plans and architectural reviews, provided that such site plan or architectural review was initially approved by the Urban Renewal Authority and remained substantially unchanged throughout the City review process through Planning Commission consideration. VII. Changes in Approved Plan This plan may be modified pursuant to the provisions of the Act governing such modifications, including Sec 31-25-107, C.R.S., as amended. The Urban Renewal Authority may allow minor variations from the Urban Renewal Plan if it determines that a literal enforcement of the provisions of the Plan would constitute an unreasonable limitation beyond the intent and purpose of the Plan. ---PAGE BREAK--- Page 16 of 16 VIII. Severability If any portion of the Urban Renewal Plan shall be held to be invalid or unenforceable, such invalidity shall not affect the remaining portions of this Urban Renewal Plan. IX. Term The Term of this plan is twenty-five years from its initial effective date, unless the Authority deems that all projects have been accomplished and all debts incurred to finance those projects and pay all expenses of the Authority have been repaid. In that event, the Authority may declare the plan implemented and the total tax collections derived from the Urban Renewal Area shall be paid into the funds of the appropriate taxing entity. Appendix Exhibit 1: Map of Urban Renewal Area Exhibit 2: Legal Description Exhibit 3: 1999 Blight Study Exhibit 4: 2002 Blight Study