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HomeMy WebLinkAbout20131290.tiffRESOLUTION RE: APPROVE AMENDMENT TO TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF FIRESTONE / FIRESTONE URBAN RENEWAL AUTHORITY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Amendment to the Tax Increment Expenditure and Revenue Sharing Agreement among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the Town of Firestone, and the Firestone Urban Renewal Authority, commencing upon full execution, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment to the Tax Increment Agreement among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the Town of Firestone, and the Firestone Urban Renewal Authority be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May A.D., 2013. ATTEST: \And Weld County Clerk to the Bo BY: Deputy CI Date of signature: JUN 1 2 2013 a 6r 9c -� R'f-t S4-en're iy BOARD OF WELD C Barbara Kirkmeyer c Sean P. Conway OUNTY COMMISSIONERS Y, COLORADO _) CC . P , C� . 0-114 2013-1290 BC0044 FIRESTONE A COMMUNITY IN MOTION May 10, 2013 VIA: USPS, Email and Fax Monica Daniels -Mika Clerk to the Board of County Commissioners 1150 0 Street P.O. Box 758 Greeley, CO 80632 RE: Northern Firestone Urban Renewal Plan Dear Monica: REC WELL C; UN rY COMMISSIONERS Attached for your reference is the legal description for agricultural properties in the proposed Northern Firestone Urban Renewal Plan. It was inadvertently left out of the copy of the Plan that was sent to the Board of County Commissioners yesterday via UPS. We will send you an updated copy of the entire Urban Renewal Plan early next week that includes this legal description as an exhibit. Please contact me if you have any questions. Sincerely, Bruce Nickerson Firestone Town Planner 0: 303-833-3291 M: 303-506-3828 Attachment 2013-1290 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 FIRESTONE A COMMUNITY IN MOTION MEMORANDUM DATE May 23, 2013 TO Bruce T. Barker, Esq., Weld County Attorney FROM Carissa Medina, Town Clerk Pro -tern RE Amendment to Tax Increment Expenditure and Revenue Sharing Agreement CC Town Staff Enclosed are three (3) executed originals of the Amendment to the Tax Increment Expenditure and Revenue Sharing Agreement. Once the Weld County Commissioners have acted on it, please return two (2) originals to the Town of Firestone, 151 Grant Ave., P.O. Box 100, Firestone, CO 80520 to my attention. Also included for your file is a copy of Town Board Resolution No. 13-25 and FURA Resolution No. 13-02. Please let me know if you have any questions or concerns. 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 ' AMENDMENT TO TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT *THIS AMENDMENT (hereinafter "Amendment") is made and executed effective the O29 day of Afar" , 2013, by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Weld County" or "County"), the TOWN OF FIRESTONE, COLORADO (hereinafter referred to as "Firestone"), and the FIRESTONE URBAN RENEWAL AUTHORITY (hereinafter referred to as "FURA"). RECITALS A. Weld County, Firestone and FURA previously entered into that certain TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT made and executed effective the 28th day of January, 2010 (hereinafter the "Agreement"). B. The Agreement provides for the sharing of the County Tax Levy Allocation for the Urban Renewal Area described in the Urban Renewal Plan for the Southern Firestone Urban Renewal Area, which Plan was approved by Resolution 10-04 adopted by the Firestone Board of Trustees on January 28, 2010. C. By cover letter dated May tb , 2013, and pursuant to C.R.S. § 31-25-107(3.5), Firestone provided Weld County with the proposed Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("Northern Firestone Plan"), with an associated Weld County Impact Report, all of which detail FURA's and Firestone's intended inclusion of the parcels described in the Northern Firestone Plan for the purposes authorized in the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq., including utilizing tax increment financing ("TIF Financing"), as contemplated by C.R.S. § 31-25-107(9)(a), for the purposes authorized by the Urban Renewal Law. D. TIF Financing provides that taxes, if any, levied after the effective date of the approval of the Northern Firestone Plan upon taxable property in the area described in the Northern Firestone Plan ("the Northern Firestone Urban Renewal Area") each year shall be divided for a period not to exceed twenty-five (25) years from the effective date of the Northern Firestone Plan and that a portion of said property tax revenues (the "TIF Revenue") shall be allocated to and paid into a special fund of FURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans or advances, to, or indebtedness incurred by FURA for financing an urban renewal project or to make payments pursuant to an agreement executed pursuant to C.R.S. § 31-25-107(11). E. Weld County, Firestone and FURA are authorized to enter into an agreement pursuant to C.R.S. § 31-25-107(11) for the payment of property tax revenue that results from the County levy on taxable property in the Northern Firestone Urban Renewal Area, to be allocated pursuant to C.R.S. § 31-25-107(9)(a)(II) (the " NFURA County Tax Levy Allocation") for the payment of the costs of any additional county infrastructure or services necessary to offset the impacts of the urban renewal project (the "Urban Renewal Project") described in the Northern Firestone Plan, as it may be amended, and revenue sharing. 020/3-'a 90 F. Weld County, Firestone and FURA by this Amendment desire to amend their existing Agreement to subject to the terms and conditions of said Agreement revenue produced by the NFURA County Tax Levy Allocation. G. Weld County, Firestone and FURA desire to enter into this Amendment for the purposes set forth in C.R.S. § 31-25-107(11). H. In consideration of the parties entering into this Amendment, Weld County waives any right it has to file an objection and ask for arbitration, pursuant to C.R.S. § 31-25- 107(12), and further consents to the inclusion within the Northern Firestone Urban Renewal Area of all agricultural lands contained within such Area as described in the Northern Firestone Plan, pursuant to C.R.S. § 3l-25-107(1)(c)(II)(D). NOW THEREFORE, in consideration of the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into and made a part of this Amendment. 2. Inclusion of Northern Firestone Urban Renewal Area. Sections 1, 4, 5, 6 and 7 of the Agreement are hereby amended to insert the phrase "and NFURA County Tax Levy Allocation" after the phrase "County Tax Levy Allocation" in each any every location where the later phrase appears. 3. Intent. The parties hereby confirm that it is their intent in entering into this Amendment to make subject to the Agreement revenue produced by the NFURA County Tax Levy Allocation in addition to revenue produced by the County Tax Levy Allocation. As a result, FURA shall calculate and pay to Weld County fifty percent (50%) of the revenue produced by the County Tax Levy Allocation and NFURA County Tax Allocation each year as provided in the Agreement, and the remaining fifty percent (50%) of the revenue produced by the County Tax Levy Allocation and NFURA County Tax Levy Allocation may be used by FURA for payment of any amounts authorized by the Urban Renewal Plan for the Southern Firestone Urban Renewal Area and the Northern Firestone Plan and the Urban Renewal Law as provided in the Agreement. 4. Construction. The parties hereby further agree that wherever the Agreement refers to "Plan" and "Urban Renewal Area," said terms shall be construed to mean the Northern Firestone Plan and the Northern Firestone Urban Renewal Area with respect to the NFURA County Tax Levy Allocation. The parties hereby further agree that all terms and conditions of the Agreement shall be construed to apply severally and not jointly; therefore, for example, in the event FURA and Firestone terminate only the Northern Firestone Plan, including its TIF Financing component, the Agreement shall remain in effect with respect to the County Tax Levy Allocation for properties in the Southern Firestone Urban Renewal Area. 5. Effective Date. This Amendment shall take effect as of the effective date of 2 approval of the Northern Firestone Plan, provided the same has been executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Amendment. COUNTY: ATTEST: --1\tvua-a.;°'^w'" ` O NTY OF WELD, a political Weld County o the Boar(' subdivision of the STATE OF COLORADO: ATTEST: By Cle r to t By: v , e Board rlliam F. arcia, Chairman Board of County Commissioners, County of Weld Rebecca Toberman Acting Town Clerk ATTEST: Rebecca Toberman Recording Secretary TOWN: MAY 2 9 2013 OF FIRESTONE, a municipal corporation STATE OF COLORADO Chad Auer, ayor TONE URBAN RENEWAL AUTHORITY had Auer, Chai . er on a1/45)/3 -/?90 FIRESTONE URBAN RENEWAL AUTHORITY RESOLUTION NO. (3--b2. A RESOLUTION APPROVING AN AMENDMENT TO TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT BETWEEN WELD COUNTY, TFIE TOWN OF FIRESTONE, AND THE FIRESTONE URBAN RENEWAL AUTHORITY WHEREAS, the Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Pail 1 of Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, the Town of Firestone ("Town") is a statutory town of the State of Colorado authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, the County of Weld ("County") is a home rule county authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, Weld County, Firestone and FURA previously entered into that certain TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT made and executed effective the 281h day of January, 2010 (hereinafter the "AGREEMENT"); and WHEREAS, the AGREEMENT provides for the sharing of the County Tax Levy Allocation for the Urban Renewal Area described in the Urban Renewal Plan for the Southern Firestone Urban Renewal Area, which Plan was approved by Resolution 10-04 adopted by the Firestone Board of Trustees on January 28, 2010; and WHEREAS, pursuant to the Act, the Board of Trustees of the Town will be considering the Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("the Plan") to carry out urban renewal projects ("Urban Renewal Projects") described in the Plan for the area described therein ("Urban Renewal Area"); and WHEREAS, the Act includes and the Plan contains a provision authorizing the financing of the Urban Renewal Projects utilizing property tax increment financing as further provided in the Plan and as authorized by Section 31-25-107(9) of the Act; and WHEREAS, Section 31-25-107(11) of the Act permits and authorizes FURA, the Town and the County to enter into agreements for allocation of responsibility among the parties for payment of the costs of any additional County infrastructure or services necessary to offset the impacts of an urban renewal project and for the sharing of revenues; and WHEREAS, pursuant to Section 31-25-107(3.5) of the Act, FURA and the Town submitted an urban renewal impact report for the Plan to the County and the County submitted its response thereto, and an amendment to the AGREEMENT has been proposed among FURA, the t Town and the County to address issues raised in discussion of the urban renewal impact report; and WHEREAS, FURA desires to enter into such amendment to the AGREEMENT as authorized under Section 31-25-107O1); NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FIRESTONE URBAN RENEWAL AUTHORITY: Section 1. The proposed Amendment to Tax Increment Expenditure and Revenue Sharing Agreement ("Agreement") among FURA, the Town and the County, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Chairperson and Recording Secretary are hereby authorized to execute the Agreement effective as of the date of approval of the Plan, and the Chairperson is further authorized to negotiate and approve on behalf of FURA such revisions to the Agreement are determined necessary or desirable for the protection of FURA, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this , day of f rk , 2013. ATTEST: ording Secretary _ C04A S? )lwkTha iht3 Cto-dL ta/20 Iev'1 ad Auer airperson 2 RESOLUTION NO. (2j- -S A RESOLUTION APPROVING AN AMENDMENT TO TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT BETWEEN WELD COUNTY, THE TOWN OF FIRESTONE, AND THE FIRESTONE URBAN RENEWAL AUTHORITY WHEREAS, the Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part I of Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, the Town of Firestone ("Town") is a statutory town of the State of Colorado authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, the County of Weld ("County") is a home rule county authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, Weld County, Firestone and FURA previously entered into that certain TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT made and executed effective the 28th day of January, 2010 (hereinafter the "AGREEMENT"); and WHEREAS, the AGREEMENT provides for the sharing of the County Tax Levy Allocation for the Urban Renewal Area described in the Urban Renewal Plan for the Southern Firestone Urban Renewal Area, which Plan was approved by Resolution 10-04 adopted by the Board of Trustees on January 28, 2010; and WHEREAS, pursuant to the Act, the Board of Trustees will be considering the Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("the Plan") to carry out urban renewal projects ("Urban Renewal Projects") described in the Plan for the area described therein ("Urban Renewal Area"); and WHEREAS, the Act includes and the Plan contains a provision authorizing the financing of the Urban Renewal Projects utilizing property tax increment financing as further provided in the Plan and as authorized by Section 31-25-107(9) of the Act; and WHEREAS, Section 31-25-107O1) of the Act permits and authorizes FURA, the Town and the County to enter into agreements for allocation of responsibility among the parties for payment of the costs of any additional County infrastructure or services necessary to offset the impacts of an urban renewal project and for the sharing of revenues; and WHEREAS, pursuant to Section 31-25-107(3.5) of the Act, FURA and the Town submitted an urban renewal impact report for the Plan to the County and the County submitted its response thereto, and an amendment to the AGREEMENT has been proposed among FURA, the 1 the Town and the County to address issues raised in discussion of the urban renewal impact report; and WHEREAS, the Town desires to enter into such amendment to the AGREEMENT as authorized under Section 31-25-107(11); NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Amendment to Tax Increment Expenditure and Revenue Sharing Agreement ("Agreement") among the Town, FURA, and the County, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement effective as of the date of approval of the Plan, and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement are determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this fl day of Aia..-` , 2013. TOWN OF FIRESTONE, COLORADO ATTEST: /0L,,„ Td'Lwu__ Rebecca Tobennan Town Clerk 2 C\ ) Chad Auer Mayor EXHIBIT LEGAL DESCRIPTION NORTHERN FIRESTONE URBAN RENEWAL PLAN AREA Parcels Assessed as Agricultural in the Past 5 Years Prepared: April 25, 2013 Being those portions of Sections 32 and 33 of Township 3 North, Range 68 West of the 6th Principle Meridian, and those portions of Sections 1, 2, 3, 4, 5, 11, 12 and 14 of Township 2 North, Range 68 West of the 6t° Principle Meridian, and those portions of Sections 5, 7 and 8 of Township 2 North, Range 67 West, all in the Town of Firestone, Weld County, Colorado, more particularly described as follows: ALMO All of the real property described on the annexation map titled ALMO Annexation to the Town of Firestone, recorded on May 2, 2003 at Reception No. 3058582, with the Clerk and Recorder of Weld County, Colorado. Together with; DEL CAMINO CENTRAL All of the real property described on the annexation map titled Del Camino Central Annexation No. Two to the Town of Firestone, recorded on January 29, 1998 at Reception No. 2591391, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom all of Parcels 131302000059, 131302300072, and 131302000072 as identified by the Weld County Assessor's Parcel Numbers, and those portions of said annexation being a part of the public right-of-way of Weld County Road 24, Weld County Road 24'/2, and the real property lying north of the Weld County Road 24'A public right-of-way. Together with; ADAM FARM All of the real property described on the annexation map titled Adam Farm Annexation, recorded on March 14, 2011 at Reception No. 3755770, with the Clerk and Recorder of Weld County, Colorado. Together with; UNION All of the real property described on the annexation map titled Union Annexation Number One recorded on January 21, 2011 at Reception No. 3746256, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Weld County Road 7 and Weld County Road 26. 1 Together with; All of the real property described on the annexation map titled Union Annexation Number Two recorded on January 21, 2011 at Reception No. 3746258, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Fairview Street/Weld County Road 3, Weld County Road 3' 'A, and Weld County Road 26. Together with; FIRELIGHT PARK All of the real property described on the annexation map titled Firelight Park Annexation Number One recorded on August 13, 2009 at Reception No. 3642348, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of State Highway 119. Together with; All of the real property described on the annexation map titled Firelight Park Annexation Number Two recorded on August 13, 2009 at Reception No. 3642350, with the Clerk and Recorder of Weld County, Colorado. Together with; All of the real property described on the annexation map titled Firelight Park Annexation Number Three recorded on August 13, 2009 at Reception No. 3642352, with the Clerk and Recorder of Weld County, Colorado. Together with; FIRESTONE CITY CENTRE All of Lot 4 as more particularly described on the final plat titled The First Replat of the American Furniture Warehouse Subdivision recorded on August 2, 2006 at Reception No. 3408227, with the Clerk and Recorder of Weld County, Colorado. Together with; COTTONWOOD COMMERCE CENTER All of Tract A as more particularly described on the minor plat titled Cottonwood Hollow, Filing 2, recorded on January 31, 2008 at Reception No. 3532463, and as further revised with affidavits of correction recorded on February 22, 2008 at Reception No. 3536929 and on March 27, 2008 at Reception No. 3543999, with the Clerk and Recorder of Weld County, Colorado. Together with; COTTTONWOOD HOLLOW (NORTH OF SABLE) All of Tract B as more particularly described on the minor plat titled Cottonwood Hollow, Filing 2, recorded on January 31, 2008 at Reception No. 3532463, with the Clerk and Recorder of Weld County, Colorado. 2 Together with; COTTTONWOOD HOLLOW (SOUTH OF SABLE) All of Parcel B as more particularly described on the amended outline development plan titled First Amendment to Outline Development Plan for Cottonwood Hollow, recorded on April 10, 2009 at Reception No. 3616053, with the Clerk and Recorder of Weld County, Colorado. Together with; JAKE JABS BOULEVARD All of Tract B as more particularly described on the plat titled American Furniture Warehouse Subdivision, recorded on March 24, 2006 at Reception No. 3373270, with the Clerk and Recorder of Weld County, Colorado. Together with; TURNER COMMONS All of Lot 1 as more particularly described on the recorded exemption titled Recorded Exemption No. 1313-3-4 RE -626, recorded at Reception No. 01940086, with the Clerk and Recorder of Weld County, Colorado. Together with; VOGL All of the real property described on the annexation map titled Vogl Annexation No. Four recorded on June 14, 2002 at Reception No. 2961340, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Weld County Road 15 and Weld County Road 24. Together with; FIRESTONE COMMUNITY All of Tract A and Tract B as more particularly described on the final plat titled Firestone Community Minor Subdivision, recorded at Reception No. 3372263, with the Clerk and Recorder of Weld County, Colorado. Together with; THE SHORES A parcel of land situate in Section 1, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89°47'54" West and with all bearings contained herein relative thereto: Commencing at the South quarter corner of said Section 1; thence North along the East line of the Southeast quarter of the Southwest quarter of said Section 1, North 00°31'07" East 30.00 feet to the North right-of-way of said WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence along said North right-of-way, North 89°47'54" West 2741.95 feet to the West line of the Southwest quarter said Section 1; thence along said West line, North 3 01°31'48" East 2626.35 feet; thence along the West line of the Northwest quarter of said Section 1, North 01°34'53" East 1319.17 to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section1; thence continuing North 01°34'53" East 20.60 feet to the North right-of-way of Weld County Road (WCR) 24 %; thence South 89°31'06" East 1334.49 feet to a point on the West line of Lot A of the Recorded Exemption 1313-1-2-RE2024, records of said County; thence along the West line of said Lot A and the East line of the West half of the Northwest quarter of said Section 1, South 01°01'29" West 600.71 feet; thence along the South line of said Recorded Exemption 1313-1-2-RE2024 the following eleven (11) courses and distances; (1) North 57°27'44" East 528.67 feet; (2) North 61°56'41" East 259.69 feet; (3) South 01°17'30" East 65.63 feet; (4) North 74°46'22" East 225.12 feet; (5) North 72°55'39" East 116.39 feet; (6) North 85°14'02" East 132.54 feet; (7) South 89°34'18" East 55.00 feet; (8) South 53°49'04" 30.81 feet; (9) South 82°26'48" East 48.37 feet; (10) South 83°13'53" East 27.17 feet; (11) South 70°51'49" East 56.62 feet to a point on the West line of the Northeast quarter of said Section 1; thence along said West line North 00°31'08" East 243.84 feet; thence North 88°51'38" East 1968.70 feet to a point that is South 88°51'38" West 660.00 feet from the East line of the Northeast quarter of said Section 1; thence South 00°24'41" West, parallel to the East line of the Northeast quarter of said Section 1, 1338.49 feet to a point to the South line of the Northeast quarter of said Section 1; thence along said South line, South 89°06'24" West 1970.98 feet to the Center quarter corner; thence along the West line of the Southeast quarter of said Section 1, South 00°31'41" West 1352.35 feet to the Northwest corner of the Southwest quarter of the Southeast Quarter of said Section 1; thence along the North line of the Southwest quarter of the Southeast quarter of said Section 1, North 89°40'24" East 1317.24 feet (previously recorded as 1316.96 feet) to the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 1; thence along the East line of the Southwest quarter of the Southeast quarter of said Section 1, South 00°27'27" West 1334.26 feet to the said North right-of-way of WCR 24; thence along said North right-of-way, North 89°48'53" West 1318.32 feet to the point of beginning. Excepting therefrom Tracts A, B, C, and F and Lot 1, Block 1 of said parcel as more particularly described on the final plat titled The Shores Filing No. 1 recorded July 23, 2008 at Reception No. 3567930, with the Clerk and Recorder of Weld County, Colorado. And excepting therefrom all of Parcels 131301112003, 131301112004, 131301000063, and 131301300001 as identified by the Weld County Assessor's Parcel Numbers. Together with; A parcel of land situate in the East half of Section 2, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 4 North, Range 68 West, of the 6th P.M., as bearing North 89°47'54" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2, thence along the East line of the Southeast quarter of Section 2, North 01°31'48" East 30.00 feet to the North right-of-way of WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence continuing along said East line, North 01°31'48" East 2626.35 feet to the East quarter corner of said Section 2; thence along the East line of the Northeast quarter of said Section 2, North 01°34'53" East 1319.17 to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 2; thence continuing North 01°34'53" East 20.60 feet to the North right- of-way of Weld County Road (WCR) 24 %; thence along said North right-of-way, North 89°31'06" West 1334.26 feet to a point 30.00 feet West of and 20.82 feet North of the Northwest corner of the Southeast quarter of the Northeast quarter of Section 2; thence along a line parallel with and 30.00 feet West of the West line of the Southeast quarter of the Northeast quarter, also being the West right-of-way of Weld County Road (WCR) 9 %, South 01°24'54" West 1335.73 feet; thence along a line parallel with and 30.00 feet West of the West line of the East half of the Southeast quarter of said Section 2, also being the West line of said right-of-way, South 01°23'42" West 2627.90 feet to the North right-of-way of said WCR 24; thence along said North right-of-way, South 89°25'07" East 907.02 feet to Westerly line of Lot A, of the Recorded Exemption 1313-2-4-RE405, records of said County; thence along said Lot A the following four (4) courses and distances; (1) North 17°03'42" East 200.12 feet; (2) North 30°27'35" East 207.93 feet; (3) North 62°58'03" East 295.78 feet; (4) South 01°31'48" West 509.33 feet to said North right-of-way of WCR 24; thence along said North right-of-way, South 89°25'07" East 3.00 feet to the point of beginning. Excepting therefrom all of Parcel 131302400001 as identified by the Weld County Assessor's Parcel Numbers. Together with; All of the real property described on the annexation map titled The Shores Second Annexation to the Town of Firestone recorded on July 23, 2008 at Reception No. 3567926, with the Clerk and Recorder of Weld County, Colorado. Together with; NEIGHBORS All of the real property described on the annexation map titled Neighbors Annexation recorded on February 1, 2001 at Reception No. 2823013, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right- of-way of Weld County Road 11. 5 Excepting therefrom all of Tracts A, C, D, E, F, G, H, I, N, O, P, and T and Lots 1-39, 56-61, 104-109, and 122-131 as more particularly described on the final plat titled Neighbors Point Filing No. 1, recorded December 5, 2005 at Reception No. 3344643, with the Clerk and Recorder of Weld County, Colorado. And excepting therefrom all of Tract Q as more particularly described on the final plat titled Neighbors Point Filing No. 2 recorded April 30, 2007 at Reception No. 3472263, with the Clerk and Recorder of Weld County, Colorado. And excepting therefrom all of Tract B as more particularly described on the final plat titled Neighbors Point Filing No. 5, recorded May 22, 2006 at Reception No. 3389930, with the Clerk and Recorder of Weld County, Colorado. Together with; LEXINGTON VILLAGE All of the real property described on the annexation map titled Lexington Village Annexation recorded on December 7, 2007 at Reception No. 3522370, with the Clerk and Recorder of Weld County, Colorado. Together with; SABLE GLEN All of the real property described on the annexation map titled Sable Glen Annexation recorded on January 14, 2005 at Reception No. 3253237, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right- of-way of Sable Avenue. 6 FIRESTONE A COANIUNITY M Y0lOM May 8, 2013 Weld County Commissioners 1150 O Street PO Box 758 Greeley, CO 80632 Dear Commissioners: RECEIVED MAY c 9 Ls 3 WELD COUNTY COMMISSIONERS As we have previously discussed, the Firestone Urban Renewal Authority ("FURA"), has been working on an expansion of the Southern Firestone Urban Renewal Area ("Southern Plan") to include similarly impacted properties in the northern portions of Firestone. Attached for your reference, is a copy of the Northern Firestone Urban Renewal Plan ("Northern Plan"). This document also includes the updated Conditions Survey and the Weld County Impact Report for the Northern Plan. Also attached is an amended Intergovernmental Agreement ("IGA") of the agreement that currently exists between Weld County and Firestone for the Southern Plan. No changes to the terms or conditions of the existing IGA are being proposed other than to expand the IGA to include the Northern Plan. For your reference, to facilitate this expansion to the Northern Plan, FURA has executed revenue sharing intergovernmental agreements with the St Vrain Valley School District RE -1J and the Weld County School District RE -1. FURA also has agreements with the following additional taxing authorities in the Northern Plan area; Aims Junior College, Carbon Valley Recreation District, Frederick -Firestone Fire Protection District, High Plains Library District, St Vrain Sanitation District, Northern Colorado Water District and St Vrain Left Hand Water District. Thank you for your support and please contact us if you have any questions or comments. Sincerely, Wes/LaVanchy Town Manager 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 FIRESTONE A COMMUNITY IN MOTION May 10, 2013 VIA: USPS, Email and Fax Monica Daniels -Mika Clerk to the Board of County Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80632 RE: Northern Firestone Urban Renewal Plan Dear Monica: Attached for your reference is the legal description for agricultural properties in the proposed Northern Firestone Urban Renewal Plan. It was inadvertently left out of the copy of the Plan that was sent to the Board of County Commissioners yesterday via UPS. We will send you an updated copy of the entire Urban Renewal Plan early next week that includes this legal description as an exhibit. Please contact me if you have any questions. Sincerely, Bruce Nickerson Firestone Town Planner O: 303-833-3291 M: 303-506-3828 Attachment 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833.3291 • fax (303) 833-4863 •FURA NORTHERN FIRESTONE 20i:1 _ URBAN RENEWAL PLAN Table of Contents A. Introduction 1 B. Summary of Eligibility Criteria 1 1. Conditions Survey 1 2. Summary of Conditions Survey 1 C. Findings 2 D. Urban Renewal Plan Goals and Plan's Relationship to Local and Regional Objectives 4 1. Goals 4 2. Relationship to Local and Regional Objectives 5 3. Relationship to Master Plan 5 E. Land Use Regulations and Building Requirements 7 1. Land Uses 7 2. Development Processing 7 F. Project Activities 7 1. Land Acquisition 7 2. Relocation 8 3. Demolition, Clearance and Site Preparation 8 4. Property Management 9 5. Land Disposition, Redevelopment and Rehabilitation 9 6. Cooperation Agreements 10 7. Other Project Undertakings and Activities 10 G. Project Financing 10 H. Changes in Approved Plan 12 Exhibits A. Legal Description (Including Description of Agricultural Land) B. Northern Firestone Urban Renewal Area Map C. Conditions Survey D. Northern Firestone Urban Renewal Area Weld County Impact Report E. Areas Assessed As Agricultural Within The Last Five Years A. Introduction The Firestone Town Board of Trustees established the Firestone Urban Renewal Authority (Authority) on July 9, 2009 by Resolution No. 09-22. The Authority has previously prepared an Urban Renewal Plan for the Southern Firestone Urban Renewal Area ("Southern Plan") and now has prepared this Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("Northern Plan"). The Northern Plan has also been referred to as the "Northwest Firestone Conditions Survey Area". Like the Southern Plan, the Northern Plan has been prepared to guide in the elimination and prevention of conditions of blight in the Northern Firestone Urban Renewal Plan Area ("Northern Plan Area") and to facilitate redevelopment in the Northern Plan Area in accordance with the Firestone Master Plan. This Northern Plan 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 ("Act"). The legal description of the Northern Plan Area within the Town is set forth in Exhibit A. The general location of the Northern Plan Area is shown in Exhibit B. The administration and the implementation of the Northern Plan shall be the responsibility of the Authority. B. Summary of Eligibility Criteria 1. Conditions Survey The Authority directed the preparation of a conditions survey covering the Northern Plan Area (titled the Northwest Firestone Conditions Survey and hereafter referred to as the "Northern Survey"). The Northern Survey was completed in June 2012. The Northern Survey was updated in May, 2013. The update confirmed the findings of the June 2012 survey. The purpose of the Northern Survey was to establish if conditions of blight, as defined in the Act, exist in the Northern Plan Area. The Northern Survey is attached as Exhibit C. 2. Summary of Conditions Survey The Northern Survey shows there is a presence of adverse physical conditions sufficient to meet criteria established in the Act. Although some portions of the Northern Plan Area are in adequate or sound condition, there exist deteriorated and substandard conditions throughout the study area as a whole, which supports a finding that the Northern Plan area is a blighted area as defined in the Act. The conclusion of this study is based on the following summary of conditions found in the Northern Survey: (a) Slum, deteriorated, or deteriorating structures. 1 (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. C. Findings 1. The Northern Survey identifies conditions that constitute a blighted area as defined in the Act. Based on the Northern Survey as updated on April 22, 2013, and evidence presented at the public hearing, the City Council finds that there exists blight, as defined by § 31-25-103(2), C.R.S., in the Northern Plan Area. 2. The Board of Trustees finds that the Northern Plan Area is appropriate for one or more projects and other undertakings by the Firestone Urban Renewal Authority as authorized by the Act. 3. The Board of Trustees held a public hearing to consider this Plan after public notice thereof in compliance with the Act in the Longmont Times -Call newspaper, describing the time, date, and purpose of the public hearing, identifying the Northern Plan Area and outlining the general scope of the projects being considered for implementation pursuant to this Plan. Notice of the public hearing has been mailed to all property owners, residents, and owners of business concerns in the proposed Northern Plan Area at their last known address of record at least 30 days prior to the public hearing. 4. The boundaries of the Northern Plan Area are set forth in Exhibit A attached hereto. The Northern Plan Area is designated as an urban renewal area by this Plan. The Northern Plan Area is drawn as narrowly as feasible to accomplish the planning and development objectives of the Plan for the Northern Plan Area. 5. The Northern Plan includes parcels of agricultural land, as defined by C.R.S. § 31-25-103(a). These parcels are included pursuant to the consent of each public body that levies ad valorem property tax in conformance with C.R.S. § 31-25-107(c)(lll)(D). A map of these areas is shown as Exhibit E. 2 6. One or more of the projects undertaken pursuant to this Plan may require the demolition and clearance, subject to other restrictions, of certain property within the Northern Plan Area as provided in this Plan. Such actions may be necessary 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. 7. Other portions of the Northern Plan Area may be conserved or rehabilitated through appropriate public action, as authorized or contemplated by the Act, and through the cooperation and voluntary action of the owners and tenants of such property. 8. In order to eliminate or reduce the qualifying conditions currently existing within the Northern Plan Area, it is the intent of the Board of Trustees in adopting this Plan that the Firestone Urban Renewal Authority exercise all powers authorized to be exercised under the Act and which are necessary, convenient, or appropriate to accomplish the objectives of this Plan. It is the intent of this Plan that except as otherwise provided herein, the Firestone Urban Renewal Authority shall exercise all such powers as may now be possessed or hereafter granted to the Authority for the elimination of qualifying conditions within the Northern Plan Area. 9. A feasible method exists for the relocation of individuals, families, and business concerns that may be displaced by an urban renewal project through the adoption of a relocation policy by the Firestone Urban Renewal Authority insuring that adequate substitute business locations can be made available and that adequate relocation assistance is available. 10. The powers conferred by the Act are for public uses and purposes for which public money may be expended and the police powers exercised, and this Plan is in the public interest and necessity, such finding being a matter of legislative determination by the Board of Trustees. 11. The uses contemplated under this Plan are necessary and appropriate to facilitate the sound growth and development of the Town of Firestone in accordance with sound planning standards and local community objectives, and any acquisitions within the Northern Plan Area which may require the exercise of governmental action are necessary because of the presence of blight in the Northern Plan Area. 12.The Northern Plan Area does not contain property that was included in a previously submitted urban renewal plan that the Board of Trustees failed to approve in past twenty-four months. 3 D. Urban Renewal Plan Goals and Plan's Relationship to Local and Regional Objectives 1. Goals a. Implementation of the Northern Plan will help eliminate and prevent conditions of blight in the Northern Plan Area. b. The Northern Plan will implement the Master Plan and contribute to the orderly growth and development of the Town. c. Through the maximum possible participation of private enterprise and the cooperative efforts of the public sector, implementation of the Northern Plan will eliminate and prevent economic deterioration in the Northern Plan Area. d. The Northern Plan will upgrade traffic, pedestrian, and bicycle circulation and access, public utilities, recreation and drainage in the Northern Plan Area, while ensuring that existing and proposed development is sensitive to the surrounding residential neighborhoods. e. The Northern Plan will eliminate and prevent blight by helping to attract capital investment and new businesses, retention and expansion of existing businesses, and development of regional markets for retail, office, and housing uses, thereby providing employment and strengthening the economic base and physical condition of the Northern Plan Area. f. The Northern Plan will create a high quality image of the Town and the Northern Plan Area by creating an attractive visual image through the implementation of landscaping, design and streetscape improvements. g. Implementation of the Northern Plan will provide for the redevelopment of the area and promote improvements of properties in the Northern Plan Area. h. Success of the Northern Plan will provide a catalyst for further improvements and potential redevelopment of residential areas adjacent to the Northern Plan Area. 4 i. The Northern Plan will promote a wide array of housing choices, from affordable housing to luxury housing within the Northern Plan Area. 2. Relationship to Local and Regional Objectives a. The Northern Plan will promote and encourage private enterprise to upgrade and invest in commercial, retail and housing developments in the Northern Plan Area, an objective of the Master Plan and the Act. b. The Northern Plan will implement the provisions of the Town's master drainage and flood improvement program, which is part of regional efforts to control flooding and promote a comprehensive drainage program to serve the entire region. c. Implementation of the Northern Plan is consistent with regional and local efforts to create public/private partnerships to comply with the Act. d. The Northern Plan will provide a means of mitigating land use conflicts with adjoining areas through the implementation of adopted planning and design standards for public and private improvements. e. The Northern Plan promotes the development and expansion of safe and adequate pedestrian access, public transportation, and enhances the access to the Firestone Trail and connecting regional trail systems. f. The Northern Plan encourages additional transportation alternatives to increase safety, access, and alternatives for residents and visitors. Specific project improvements towards this end may include, without limitation, installation or upgrading of traffic, pedestrian, and bicycle circulation and access improvements. 3. Relationship to Master Plan The Town adopted and continually updates a Master Plan to guide development and redevelopment of the Town, including the Northern Plan Area. The Firestone Planning Commission reviewed this Northern Firestone Urban Renewal Plan at a regular meeting on May 15, 2013. The Firestone Planning Commission found the Northern Firestone Urban Renewal Plan to be consistent with the Master Plan and recommended adoption of the Northern Firestone Urban Renewal Plan by the Board of 5 Trustees. The Northern Plan advances the goals and objectives of the community, including, without limitation, the following specific goals and objectives of the Master Plan: • A transportation system that is properly designed and constructed to meet the current needs of the existing traffic volumes. • A comprehensive and unified parks and trails system. Firestone is a pedestrian and non -motorized connected community, where one can walk to work, home or service centers on a comfortable and convenient trail system. Effective and efficient public safety and security. Without public safety, Firestone citizens and employees cannot be free to enjoy their benefits of their community. • "Four-sided" architecture along major streets and visual corridors. • A "world class" Central Park campus that inspires national and international recognition as a Civic, Cultural and Community Center. • Superior recreational facilities, including the Firestone Sports Complex. A balanced approach to a blend of housing and commercial opportunities. • An equal number of available jobs to employable citizens. • A focus on a comprehensive "cradle" to "grave" land use and community system where all components of the life cycle are considered and accommodated. A community where the freedom to worship is fully embraced. A specific focus on the senior segments of the Firestone community to assure that they are appropriately considered in land use and community decisions. If optimized, the senior population can bestow valuable leadership and wisdom that comes from experience of time. Proper transition and integration between different types of land uses. • Convenient access to a wide variety of retail goods and services. • Down cast lighting and strategies to effectively preserve the "night sky". 6 Low, but appropriate taxes. Stable political leadership. • A tangible and inspired sense of community. E. Land Use Regulations and Building Requirements 1. Land Uses Excluding public rights -of -way, all the property in the area is zoned as Planned Unit Development District (PUD) under Title 17 of the Firestone Municipal Code. Permitted land use categories and associated development standards are described in the Firestone Development Regulations. The Authority may in conformance with the Act, adopt additional design standards and development requirements applicable to properties in the Northern Plan Area. 2. Development Processing Applications for development will comply with applicable Town requirements and will be subject to public hearings before the Planning and Zoning Commission and Town Board for approval of Outline Development Plans, Preliminary Development Plans, Preliminary Plats, Final Development Plans and Final Plats. The Northern Plan encourages a comprehensive and unified plan to promote and encourage high quality development of the area by private enterprise. F. Project Activities 1. Land Acquisition In order to carry out this Northern Plan, the Authority may exercise any and all of its powers under the Act. The Authority may acquire any interest in property by voluntary sale or acquisition or by the exercise of the power of eminent domain pursuant to procedures set forth in C.R.S. 38-1-101 et seq. and C.R.S. 38-7-101 et seq., including: a. Any action to acquire property through the exercise of the power of eminent domain shall be commenced no later than seven years from the date the Northern Plan is approved by the Town Board. b. Not later than the commencement of the negotiation of an agreement for redevelopment or rehabilitation of property acquired or to be acquired by eminent domain, the Authority 7 must provide notice and invite proposals for redevelopment or rehabilitation from all property owners, residents, and owners of business concerns located on the property acquired or to be acquired by eminent domain in the Northern Plan Area by mailing notice to their last known address of record. The Authority may also at the same time invite proposals for redevelopment or rehabilitation from other interested persons who may not be property owners, owners of business concerns, or residents within the Northern Plan Area, and may provide public notice thereof by publication in a newspaper having a general circulation within the Town. c. In the case of a set of parcels to be acquired by the Authority in connection with a project, at least one of which is owned by an owner refusing or rejecting an agreement for the acquisition of the entire set of parcels, the Authority must make a determination that the redevelopment or rehabilitation of the remaining parcels is not viable under the Northern Plan without the parcel at issue. d. Acquisition of any property by eminent domain shall be for the purpose of preventing or eliminating conditions of blight without regard to the economic performance of the property to be acquired. 2. Relocation 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 shall adopt a relocation plan in conformance with the Act and consistent with specific objectives which will be identified in that plan. The Authority shall adopt its relocation plan(s) before any individuals, families or business concerns are relocated. 3. Demolition, Clearance and Site Preparation The Authority may demolish and clear those structures and other improvements from property it acquires pursuant to the Northern Plan. The Authority may provide rough and finished site grading and other site preparation services as part of a comprehensive redevelopment program. 8 4. Property Management During such time as any property is owned by the Authority, such property shall be under the management and control of the Authority and may be rented or leased by it, pending disposition for redevelopment or rehabilitation. 5. Land Disposition, Redevelopment, and Rehabilitation Purchasers or owners of property within the Northern Plan Area will be obligated to develop, redevelop, or rehabilitate such property in accordance with the provisions of this Northern Plan. The Authority may dispose of property it acquires by means of a reasonable competitive bidding procedure it establishes in accordance with the Act and pursuant to redevelopment agreements between the Authority and such purchaser. Disposition of property by the Authority shall conform with the requirements of the Act. The Authority may also enter into owner participation agreements with property owners in the Northern Plan Area for the development, redevelopment or rehabilitation of their property. Such agreements will provide for the participation and assistance that the Authority may provide to such owners. All such redevelopment, owner participation and other agreement shall contain, at a minimum, provisions requiring: a. Compliance with the Act, the Northern Plan and applicable provisions of the Firestone Municipal Code and Firestone Development Regulations; b. Covenants to begin and complete development, construction or rehabilitation of both public and private improvements within a period of time deemed to be reasonable by the Authority; c. The legal and financial ability of the owner or redeveloper to redevelop or rehabilitate the property; d. The financial commitments of each party (but nothing herein shall obligate the Authority to make any financial or other commitment to any party or transaction). 9 6. Cooperation Agreements For the purposes of planning and implementing this Northern Plan and projects in the Northern Plan Area, the Authority may enter into one or more cooperation agreements with the Town or other public bodies. Without limitation, such agreements may include provisions for project financing and implementation; administrative assistance; personnel matters and services; design, location and construction of public improvements; allocation or revenues, and any other matters required to carry out the Northern Plan and projects in the Northern Plan Area. It is recognized that cooperation with the Town, other municipalities and other public and private bodies may be required to coordinate such issues as the design, construction and timing of public and private improvements within and outside of the Northern Plan Area to properly and efficiently carry out the goals and objectives of this Northern Plan. Cooperation agreements addressing such issues are deemed necessary and incidental to the planning and execution of projects in the Northern Plan Area. 7. Other Project Undertakings and Activities Other project undertakings and activities as authorized by the Act and deemed necessary by the Authority to implement this Northern Plan may be undertaken and performed by the Authority directly or pursuant to agreements with other parties or public bodies in accordance with the authorization of the Act and any and all applicable laws. G. Project Financing The Authority is authorized to finance projects undertaken pursuant to this Northern Plan by any method authorized by the Act or any other applicable law, including without limitation, appropriations, loans or advances from the Town; federal loans and grants; state loans and grants; interest income; pay as you go arrangements; annual appropriation agreements; agreements with public and private parties or entities; sale of securities; property and sales tax increments; loans, advances and grants from any other available source, any which method may be utilized either independently or in combination with any one or more other methods. Any and all financing methods legally available to the Town, the Authority, any private developer, redeveloper or owner may be used to refinance in whole or in part any and all costs, including without limitation, the cost of public improvements, described or anticipated in the Northern Plan or in any manner related or incidental to redevelopment of the Northern Plan Area. Such methods may be combined to finance all or any part of a project. Any financing method authorized by the Northern Plan, the Act, or 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 Town to refinance a project in whole or in part. 10 The Authority is authorized to issue notes, bonds or any other financing instruments or documents in amounts sufficient to finance all or part of a project. The Authority is authorized to borrow funds and to create indebtedness in carrying out this Northern 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. The Northern Plan may be financed by the Authority under the tax increment financing provisions of the Act. Under the tax increment method of financing a project, property taxes levied after the effective date of the approval of this Northern Plan upon taxable property in the Northern Plan Area each year by or for the benefit of any public body or all or a portion of municipal taxes collected within the Northern Plan Area, or both such taxes, shall be divided for a period not to exceed twenty-five (25) years after the effective date of the adoption of this tax allocation provision, as follows: 1. Base Amount That portion of the taxes which are produced by the levy at the rate fixed each year by or for each such public body upon the valuation for assessment of taxable property in the Northern Plan Area last certified prior to the effective date of approval of the Northern Plan or, as to an area later added to the Northern Plan, the effective date of the modification of the Northern Plan, or that portion of municipal sales taxes collected within the boundaries of the Northern Plan Area in the twelve-month period ending on the last day of the month prior to the effective date of the approval of the Northern 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. 2. 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 a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by (whether funded, refunded, assumed or otherwise) the Authority for financing or refinancing, in whole or in part, an urban renewal project or, if approved, to make payments under an agreement executed pursuant to section 31-25-107(11) of the Act. Unless and until the total valuation for assessment of the taxable property in the Northern Plan Area exceeds the base valuation for assessment of the taxable property in the Northern Plan Area, all of the taxes levied upon taxable property in the Northern Plan Area shall be paid into the funds of the 11 respective public bodies. Unless and until all or the relevant part of the municipal sales tax collections in the Northern Plan Area exceed the base year municipal sales tax collections in the Northern Plan Area, all such sales tax collections shall be paid into the funds of the Town. When such bonds, loans, advances and indebtedness, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in the Northern Plan Area shall be paid into the funds of the respective public bodies and all such municipal sales tax collections in the Northern Plan Area shall be paid into the funds of the Town. The increment portion of the taxes, as described in subparagraph (II), may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances and indebtedness incurred by the Authority to finance urban renewal projects, or to make payments under an agreement executed pursuant to C.R.S. 31-25-107(11). The report to the Board of County Commissioners of Weld County required by C.R.S. 31-25-107 (3.5) of the Act is attached as Exhibit D. H. Changes in Approved Plan This Northern Plan may be modified pursuant to the provisions of the Act governing such modifications, including 31-25-107, C.R.S. 12 EXHIBIT A LEGAL DESCRIPTION NORTHERN FIRESTONE URBAN RENEWAL AREA Prepared: April 17, 2013 Being those portions of Sections 32 and 33 of Township 3 North, Range 68 West of the 6th Principle Meridian, and those portions of Sections 1, 2, 3, 4, 5, 11, 12 and 14 of Township 2 North, Range 68 West of the 6t° Principle Meridian, and those portions of Sections 7 and 18 of Township 2 North, Range 67 West, all in the Town of Firestone, Weld County, Colorado, more particularly described as follows: ALMO All of the real property described on the annexation map titled ALMO Annexation to the Town of Firestone, recorded on May 2, 2003 at Reception No. 3058582, with the Clerk and Recorder of Weld County, Colorado. Together with; DEL CAMINO CENTRAL All of the real property described on the annexation map titled Del Camino Central Annexation No. Two to the Town of Firestone, recorded on January 29, 1998 at Reception No. 2591391, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of- way of Weld County Road 24, Weld County Road 24'A, and the real property lying north of the Weld County Road 24 % public right-of-way. Together with; ADAM FARM All of the real property described on the annexation map titled Adam Farm Annexation, recorded on March 14, 2011 at Reception No. 3755770, with the Clerk and Recorder of Weld County, Colorado. Together with; UNION All of the real property described on the annexation map titled Union Annexation Number One, recorded on January 21, 2011 at Reception No. 3746256, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Weld County Road 7 and Weld County Road 26. Together with; All of the real property described on the annexation map titled Union Annexation Number Two, recorded on January 21, 2011 at Reception No. 3746258, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Fairview StreeUWeld County Road 3, Weld County Road 3' 'A, and Weld County Road 26. Together with; FIRELIGHT PARK 13 All of the real property described on the annexation map titled Firelight Park Annexation Number One, recorded on August 13, 2009 at Reception No. 3642348, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of State Highway 119. Together with; All of the real property described on the annexation map titled Firelight Park Annexation Number Two, recorded on August 13, 2009 at Reception No. 3642350, with the Clerk and Recorder of Weld County, Colorado. Together with; All of the real property described on the annexation map titled Firelight Park Annexation Number Three, recorded on August 13, 2009 at Reception No. 3642352, with the Clerk and Recorder of Weld County, Colorado. Together with; FIRESTONE CITY CENTRE All of Lots 1, 2, and 4 and Tracts A, B, C, D, E, F, and H as more particularly described on the final plat titled Firestone City Centre Subdivision Filing No. 3, recorded on October 1, 2010 at Reception No. 3722597, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Lot 4 as more particularly described on the final plat titled The First Replat of the American Furniture Warehouse Subdivision, recorded on August 2, 2006 at Reception No. 3408227, with the Clerk and Recorder of Weld County, Colorado. Together with; LAMBERTSON All of the real property described on the annexation map titled Lambertson Annexation, recorded on September 7, 2007 at Reception No. 3502678, with the Clerk and Recorder of Weld County, Colorado. Together with; COTTONWOOD COMMERCE CENTER All of Tract A as more particularly described on the minor plat titled Cottonwood Hollow, Filing 2, recorded on January 31, 2008 at Reception No. 3532463, and as further revised with affidavits of correction recorded on February 22, 2008 at Reception No. 3536929 and on March 27, 2008 at Reception No. 3543999, with the Clerk and Recorder of Weld County, Colorado. Together with; COTTTONWOOD HOLLOW (NORTH OF SABLE) All of Tract B as more particularly described on the minor plat titled Cottonwood Hollow, Filing 2, recorded on January 31, 2008 at Reception No. 3532463, with the Clerk and Recorder of Weld County, Colorado. Together with; COTTTONWOOD HOLLOW (SOUTH OF SABLE) All of Parcel B as more particularly described on the amended outline development plan titled First Amendment to Outline Development Plan for Cottonwood Hollow, recorded on 14 April 10, 2009 at Reception No. 3616053, with the Clerk and Recorder of Weld County, Colorado. Together with; ZINNIA AVENUE A strip of land 60 feet in width located in Sections 3, 4 and 5 Township 2 North, Range 68 West and Sections 32, 33 and 34 Township 3 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, Weld County, Colorado, said strip of land being 30.00 feet on each side of the following described centerline, being more particularly described as follows: Beginning at the Northeast Corner of said Section 4, from which the North 1/4 corner of said Section 4 bears South 89°31'14" West, 2654.75 feet (Basis of Bearing), South 89°31'14" West, 2654.75 feet along the North line of the Northeast'/ of said Section 4 to the North'/ corner of said Section 4; Thence South 89°30'56" West, 2634.63 feet along the North line of the Northwest'/ of said Section 4 to the Northwest Corner of said Section 4; Thence South 89°31'00" West, 199.91 feet along the North line of the Southeast''/ of said Section 5 to a point on the easterly Right -of -Way of the Great Western Railway being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; WCR 3.5 A strip of land located in Section 5 Township 2 North, Range 68 West and Section 32 Township 3 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, Weld County, Colorado, said strip of land being more particularly described as follows: Beginning at the North'/ corner of said Section 5, from which the North Y corner of said Section 5 bears South 00°43'36" West, 2550.52 feet (Basis of Bearing), the right-of-way being 30 feet west and 30' east of the following line; South 00°43'36" West, 2550.52 feet along the West line of the Northeast'/ of said Section 5 to the Center'/. corner of said Section 5; Thence, the right-of-way being 50 feet west and 30 feet east of the following line; South 00°43'55" West, 2416.69 feet along the West line of the Southeast'/ of said Section 5 to a point on the northerly Right -of -Way of State Highway 119 being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; FIRESTONE BOULEVARD A strip of land 120 feet in width located in Sections 1, 2, 11, and 12 Township 2 North, Range 68 West of the 6th Principle Meridian, Town of Firestone, Weld County, Colorado, said strip being 60.00 feet on each side of the following described centerline, more particularly described as follows: Beginning at the Northeast Corner of the Northwest Y of the Northwest'/ of said Section 11, from which the North '/ Corner of said Section 11 bears North 89°52'51" East, 1,298.27 feet (Basis of Bearing), North 89°52'51" East, 1,298.27 feet to the North 15 / Corner of Said Section 11; thence North 89°55'55" East, 2,587.97 feet to the Northeast Corner said Section 11; thence North 89°52'51" East, 50.00 feet to a point being on the east right-of-way line extended of Birch Street, said point also being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; JAKE JABS BOULEVARD All of Tract B as more particularly described on the plat titled American Furniture Warehouse Subdivision, recorded on March 24, 2006 at Reception No. 3373270, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Tract I as more particularly described on the plat titled Firestone City Centre Subdivision, Filing No. 1, recorded on December 7, 2007 at Reception No. 3522365, with the Clerk and Recorder of Weld County, Colorado and the Special Warranty Deed recorded on February 5, 2008 at Reception No. 3533494, with the Clerk and Recorder of Weld County, Colorado. Together with; BAILEY STREET A strip of land 60 feet in width located in Section 2 Township 2 North, Range 68 West of the 6'h Principal Meridian, Town of Firestone, Weld County, Colorado, said strip of land being 30.00 feet on each side of the following described centerline, being more particularly described as follows: Beginning at the Northeast Corner of the West Y of the Southeast'/ of said Section 2, from which the Northeast Corner of the West'/ of the Southeast'/ of said Section 2 bears South 01°23'42" West, 2659.20 feet (Basis of Bearing), South 01°23'42" West, 2659.20 feet along the East line of the West Y of the Southeast Y of said Section 2 to the Southeast corner of the West'/ of the Southeast'/ of said Section 2 being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; SABLE AVENUE A strip of land 60 feet in width located in Sections 11, 12, 13 and 14 Township 2 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, Weld County, Colorado, said strip of land being 30.00 feet on each side of the following described centerline, being more particularly described as follows: Beginning at the Southeast Corner of said Section 11, from which the Southeast corner of said Section 11 bears South 89°34'33" West, 1308.99 feet (Basis of Bearing), South 89°34'33" West, 1308.99 feet along the South line of a portion of said Section 11 to the Southeast 1/16 corner of said Section 11; Thence South 89°34'14" West, 1309.03 feet along the South line of a portion of said Section 11 to the South Y Corner of said Section 11; Thence South 89°39'06" West, 1310.48 feet along the South line of a portion of said Section 11 to the Southwest 1/16 corner of said Section 11; Thence 16 South 89°38'55" West, 1260.51 feet along the South line of a portion of said Section 11 to a point on the easterly Right -of -Way of the 1-25 Frontage Road being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; TURNER COMMONS All of Lot 1 as more particularly described on the recorded exemption titled Recorded Exemption No. 1313-3-4 RE -626, recorded at Reception No. 01940086, with the Clerk and Recorder of Weld County, Colorado. Together with; All of the parcel as more particularly described on the subdivision exemption titled SE - 1156, recorded at Reception No. 3665635, with the Clerk and Recorder of Weld County, Colorado. Together with; CENTRAL PARK All of Outlot 1, Outlot 2, and Tract A as more particularly described on the final plat titled Firestone Central Park First Filing Minor Subdivision, recorded at Reception No. 3427733, with the Clerk and Recorder of Weld County, Colorado. Together with; FIRESTONE COMMUNITY All of Tract A and Tract B as more particularly described on the final plat titled Firestone Community Minor Subdivision, recorded at Reception No. 3372263, with the Clerk and Recorder of Weld County, Colorado. Together with; THE SHORES A parcel of land situate in Section 1, Township 2 North, Range 68 West, of the 6t P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89°47'54" West and with all bearings contained herein relative thereto: Commencing at the South quarter corner of said Section 1; thence North along the East line of the Southeast quarter of the Southwest quarter of said Section 1, North 00°31'07" East 30.00 feet to the North right-of-way of said WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence along said North right-of-way, North 89°47'54" West 2741.95 feet to the West line of the Southwest quarter said Section 1; thence along said West line, North 01°31'48" East 2626.35 feet; thence along the West line of the Northwest quarter of said Section 1, North 01°34'53" East 1319.17 to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section1; thence continuing North 01°34'53" East 20.60 feet to the North right-of-way of Weld County Road (WCR) 24 %; thence South 89°31'06" East 1334.49 feet to a point on the West line of Lot A of the Recorded Exemption 1313-1-2- RE2024, records of said County; thence along the West line of said Lot A and the East line of the West half of the Northwest quarter of said Section 1, South 01°01'29" West 600.71 feet; thence along the South line of said Recorded Exemption 1313-1-2-RE2024 the following eleven (11) courses and distances; (1) North 57°27'44" East 528.67 feet; 17 (2) North 61°56'41" East 259.69 feet; (3) South 01°17'30" East 65.63 feet; (4) North 74°46'22" East 225.12 feet; (5) North 72°55'39" East 116.39 feet; (6) North 85°14'02" East 132.54 feet; (7) South 89°34'18" East 55.00 feet; (8) South 53°49'04" 30.81 feet; (9) South 82°26'48" East 48.37 feet; (10) South 83°13'53" East 27.17 feet; (11) South 70°51'49" East 56.62 feet to a point on the West line of the Northeast quarter of said Section 1; thence along said West line North 00°31'08" East 243.84 feet; thence North 88°51'38" East 1968.70 feet to a point that is South 88°51'38" West 660.00 feet from the East line of the Northeast quarter of said Section 1; thence South 00°24'41" West, parallel to the East line of the Northeast quarter of said Section 1, 1338.49 feet to a point to the South line of the Northeast quarter of said Section 1; thence along said South line, South 89°06'24" West 1970.98 feet to the Center quarter corner; thence along the West line of the Southeast quarter of said Section 1, South 00°31'41" West 1352.35 feet to the Northwest corner of the Southwest quarter of the Southeast Quarter of said Section 1; thence along the North line of the Southwest quarter of the Southeast quarter of said Section 1, North 89°40'24" East 1317.24 feet (previously recorded as 1316.96 feet) to the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 1; thence along the East line of the Southwest quarter of the Southeast quarter of said Section 1, South 00°27'27" West 1334.26 feet to the said North right-of-way of WCR 24; thence along said North right-of-way, North 89°48'53" West 1318.32 feet to the point of beginning and containing 337.735 acres more or less gross. Together with; A parcel of land situate in the East half of Section 2, Township 2 North, Range 68 West, of the 61h P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 61h P.M., as bearing North 89°47'54" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2, thence along the East line of the Southeast quarter of Section 2, North 01°31'48" East 30.00 feet to the North right-of-way of WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence continuing along said East line, North 01°31'48" East 2626.35 feet to the East quarter corner of said Section 2; thence along the East line of the Northeast quarter of said Section 2, North 01°34'53" East 1319.17 to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 2; thence continuing North 01°34'53" East 20.60 feet to the North right- of-way of Weld County Road (WCR) 24 %; thence along said North right-of-way, North 89°31'06" West 1334.26 feet to a point 30.00 feet West of and 20.82 feet North of the Northwest corner of the Southeast quarter of the Northeast quarter of Section 2; thence along a line parallel with and 30.00 feet West of the West line of the Southeast quarter of the Northeast quarter, also being the West right-of-way of Weld County Road (WCR) 9 %, South 01°24'54" West 1335.73 feet; thence along a line parallel with and 30.00 feet West of the West line of the East half of the Southeast quarter of said Section 2, also being the West line of said right-of-way, South 01°23'42" West 2627.90 feet to the North right-of-way of said WCR 24; thence along said North right-of-way, South 89°25'07" East 907.02 feet to Westerly line of Lot A, of the Recorded Exemption 1313-2-4-RE405, records of said County; thence along said Lot A the following four (4) courses and distances; (1) North 17°03'42" East 200.12 feet; (2) North 30°27'35" East 207.93 feet; (3) North 62°58'03" East 295.78 feet; (4) South 01°31'48" West 509.33 feet to said North right-of-way of WCR 24; thence along said North right-of-way, South 89°25'07" East 3.00 feet to the point of beginning, containing 117.548 acres more or less gross. Together with; 18 All of the real property described on the annexation map titled The Shores Second Annexation to the Town of Firestone, recorded on July 23, 2008 at Reception No. 3567926, with the Clerk and Recorder of Weld County, Colorado. Together with; DEL CAMINO JUNCTION BUSINESS PARK All of Tracts A, B, and C, and Lots 1-2, Block 1 and Lots 1 and 5, Block 2, as more particularly described on the plat titled Final Plat Del Camino Junction Business Park P.U.D., recorded on December 17, 1999 at Reception No. 2739037, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Lot 8, Block 1 as more particularly described on the replat titled Del Camino Junction Business Park Minor Plat a Replat of Lots 8 and 9, Block 1, Del Camino Junction Business Park P.U.D., recorded on April 4, 2001 at Reception No. 2837826, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Lots 3 and 5, Block 1 as more particularly described on the replat titled Del Camino Junction Business Park Fourth Minor Plat a Replat of Lots 3 and 4, Block 1, Del Camino Junction Business Park P.U.D., and Lot 5, Block 1, Del Camino Junction Business Park Third Minor Plat, recorded on June 20, 2007 at Reception No. 3484774, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Lot 1-B, Block 3 as more particularly described on the amended final plat titled Del Camino Junction Business Park PUD a Replat of Lot 1, Block 3, Del Camino Junction Business Park PUD, recorded on January 10, 2005 at Reception No. 3251663, with the Clerk and Recorder of Weld County, Colorado. Together with; NEIGHBORS All of the real property described on the annexation map titled Neighbors Annexation, recorded on February 1, 2001 at Reception No. 2823013, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Weld County Road 11. Together with; LEXINGTON VILLAGE All of the real property described on the annexation map titled Lexington Village Annexation, recorded on December 7, 2007 at Reception No. 3522370, with the Clerk and Recorder of Weld County, Colorado. Together with; SABLE GLEN All of the real property described on the annexation map titled Sable Glen Annexation, recorded on January 14, 2005 at Reception No. 3253237, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Sable Avenue. END OF EXHIBIT A 19 ""EXHIBIT C Northwest Firestone Conditions Survey • • rrirlati Town of Firestone, Colorado June 2012 Northwest Firestone Conditions Survey I June 2012 Table of Contents Section 1: Survey Overview 1 Section 2: Colorado Urban Renewal Statutes and Blighted Areas 3 Section 3: Conditions Indicative of the Presence of Blight 7 Section 4: Survey Area Location, Definition, and Description 13 Section 5: Survey Findings 17 Section 6: Survey Summary and Recommendation 35 Exhibit 1: Survey Area Context 14 Exhibit 2: Survey Area Map 15 Northwest Firestone Conditions Survey I June 2012 No document content on this page ii Northwest Firestone Conditions Survey I June 2012 Section 1: Survey Overview Purpose The Northwest Firestone Conditions Survey ("Survey") is an examination and analysis of various conditions found within a defined geographic area to determine if the area qualifies as"blighted"within the meaning of the Colorado Urban Renewal Law. The Survey is a necessary step if urban renewal, as defined and authorized by Colorado statutes, (see Section 2 and Section 3), is to be used as a tool by the Town of Firestone to remedy and prevent conditions of blight. The findings and conclusions presented in this report are intended to assist the Firestone Town Board in making a final determination as to whether the Survey Area qualifies as blighted and, consequently, the feasibility and appropriateness of using urban renewal as a reinvestment tool. To conduct the Survey and prepare the Survey report, theTown of Firestone retained the services of Denver -based consulting firm Matrix Design Group. Matrix has experience in conducting blight studies for municipalities and agencies across Colorado, and has the ability to efficiently handle multiple aspects of the process, including the study itself, environmental assessments, and legal descriptions. Methodology The defined geographic area ("Survey Area") examined in this Conditions Survey was determined by the Town of Firestone, and lies mostly within Firestone's municipal boundaries. Portions of the Survey Area that were outside of the Town limits at the time of the Conditions Survey were planned for annexation. A map depicting the boundaries of the Survey Area is presented in Section 4 of this report as Exhibit 2: Survey Area Map. Data collection for conditions of blight (see Sections 2 and 3 for what constitutes conditions of blight) was accomplished through several means. For those blight conditions that could be identified by visual observation and Survey Overview 1 Northwest Firestone Conditions Survey I June 2012 by the use of maps and aerial photography, the consultant team conducted a field survey of the Survey Area in April 2012. For those blight conditions that are not observable in the field (such as traffic data, crime statistics, etc.), blight condition data was obtained from specific Town of Firestone departments and officials during the same time period. The Survey Area's individual real property parcels were used as the primary units of observation during the data collection and field survey, in order to organize the blight data and prepare graphic illustrations of the findings. 2 Survey Overview Northwest Firestone Conditions Survey I June 2012 Section 2: Colorado Urban Renewal Statutes and Blighted Areas In the Colorado Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (the "Urban Renewal Law"), the legislature has declared that an area of blight "constitutes a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general and municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and statewide concern...:' Under the Urban Renewal Law, the term "blighted area"describes an area with an array of urban problems, including health and social deficiencies, and physical deterioration. See Colo. Rev. Stat. § 31-25-103(2). Before remedial action can be taken, however, the Urban Renewal Law requires a finding by the appropriate governing body that an area such as the Survey Area constitutes a blighted area. Colo. Rev. Stat. §31-25-107(1). The blight finding is a legislative determination by the municipality's governing body that, as a result of the presence of factors enumerated in the definition of"blighted area"the area is a detriment to the health and vitality of the community requiring the use of the municipality's urban renewal powers to correct those conditions or prevent their spread. In some cases, the factors enumerated in the definition are symptoms of decay, and in some instances, these factors are the cause of the problems. The definition requires the governing body to examine the factors and determine whether these factors indicate a deterioration that threatens the community as a whole. For purposes of the Survey, the definition of a blighted area is articulated in the Colorado Urban Renewal statute as follows: Colorado Urban Renewal Statutes and Blighted Areas 3 Northwest Firestone Conditions Survey I June 2012 "'Blighted area"'means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, 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 non -marketable; 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; or 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." In addition, paragraph (I.) states, "if there is no objection by the property owner or owners and the tenant or 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 subsection...." The statute also states a separate requirement for the number of blight factors that must be present if private property is to be acquired by eminent domain. At § 31-25-105.5(5), paragraph (a.) states, 'Blighted area' shall have the same meaning as set forth in section 31-25-103 (2); except that, for purposes of this section only, 'blighted area'means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31- 25-103 (2)(a) to (2)(I)...." 4 Colorado Urban Renewal Statutes and Blighted Areas Northwest Firestone Conditions Survey I June 2012 Thus, the state statutes require, depending on the circumstances, that a minimum of either one, four, or five blight factors be present for an area to be considered a "blighted area:' A couple principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. According to the courts, "the definition of'blighted area'contained in [the Urban Renewal Law] is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration" Second, the presence of one well -maintained building does not defeat a determination that an area constitutes a blighted area. Normally, a determination of blight is based upon an area "taken as a whole,"and not on a building -by -building, parcel -by -parcel, or block -by -block basis. Based upon the conditions identified in the Survey Area, this report makes a recommendation as to whether the Survey Area qualifies as a blighted area. The actual determination itself remains the responsibility of the FirestoneTown Board. Colorado Urban Renewal Statutes and Blighted Areas 5 Northwest Firestone Conditions Survey I June 2012 No document content on this page 6 Colorado Urban Renewal Statutes and Blighted Areas Northwest Firestone Conditions Survey I June 2012 Section 3: Conditions Indicative of the Presence of Blight As discussed in Section 2, Colorado Urban Renewal law provides a list of 11 factors that, through their presence, may allow an area to be declared as blighted. This section elaborates on those 11 factors by describing some of the conditions that might be found within a Survey Area that would indicate the presence of those factors. Slum, Deteriorated, or Deteriorating Structures: During the field reconnaissance of the Survey Area, the general condition and level of deterioration of a building is evaluated. This examination is limited to a visual inspection of the building's exterior condition and is not a detailed engineering or architectural analysis, nor does it include the building's interior. The intent is to document obvious indications of disrepair and deterioration to the exterior of a structure found within the Survey Area. Some of the exterior elements observed for signs of deterioration include: Primary elements (exterior walls, visible foundation, roof) Secondary elements (fascia/soffits, gutters/downspouts, windows/ doors, facade finishes, loading docks, etc.) Ancillary structures (detached garages, storage buildings, etc.) Predominance of Defective or Inadequate Street Layout: The presence of this factor is determined through a combination of both field observation as well as an analysis of the existing transportation network and vehicular and pedestrian circulation patterns in the Survey Area by persons with expertise in transportation planning and/or traffic engineering. These conditions include: Inadequate street or alley widths, cross -sections, or geometries Poor provisions or unsafe conditions for the flow of vehicular traffic Poor provisions or unsafe conditions for the flow of pedestrians Insufficient roadway capacity leading to unusual congestion of traffic Inadequate emergency vehicle access Poor vehicular/pedestrian access to buildings or sites Conditions Indicative of the Presence of Blight 7 Northwest Firestone Conditions Survey I June 2012 Poor internal vehicular/pedestrian circulation Excessive curb cuts/driveways in commercial areas These conditions can affect the adequacy or performance of the transportation system within the Survey Area, creating a street layout that is defective or inadequate. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: This factor requires an analysis of the parcels within the Survey Area as to their potential and usefulness as developable sites. Conditions indicative of the presence of this factor include: Lots that are long, narrow, or irregularly shaped Lots that are inadequate in size Lots with configurations that result in stagnant, misused, or unused land This analysis considers the shape, orientation, and size of undeveloped parcels within the Survey Area and if these attributes would negatively impact the potential for development of the parcel. This evaluation is performed both through observation in the field and through an analysis of parcel boundary maps of the Survey Area. Unsanitary or Unsafe Conditions: Conditions observed within the Survey Area that qualify under this blight factor include: • Floodplains or flood prone areas • Inadequate storm drainage systems/evidence of standing water • Poor fire protection facilities • Above average incidences of public safety responses • Inadequate sanitation or water systems • Existence of contaminants or hazardous conditions or materials • High or unusual crime statistics 8 Conditions Indicative of the Presence of Blight Northwest Firestone Conditions Survey j June 2012 Open trash dumpsters Severely cracked, sloped, or uneven surfaces for pedestrians Illegal dumping Vagrants/vandalism/graffiti/gang activity Open ditches, holes, or trenches in pedestrian areas These represent situations in which the safety of individuals, especially pedestrians and children, may be compromised due to environmental and physical conditions considered to be unsanitary or unsafe. Deterioration of Site or Other Improvements: The conditions that apply to this blight factor reflect the deterioration of various improvements made on a site other than building structures. These conditions may represent a lack of general maintenance at a site, the physical degradation of specific improvements, or an improvement that was poorly planned or constructed. Overall, the presence of these conditions can reduce a site's usefulness and desirability and negatively affect nearby properties. Neglected properties or evidence of general site maintenance problems Deteriorated signage or lighting Deteriorated fences, walls, or gates Deterioration of on -site parking surfaces, curb & gutter, or sidewalks Poorly maintained landscaping or overgrown vegetation • Poor parking lot/driveway layout • Unpaved parking lot on commercial properties Unusual Topography or Inadequate Public Improvements or Utilities: The focus of this factor is on the presence of unusual topographical conditions that could make development prohibitive, such as steep slopes or poor load - bearing soils, as well as deficiencies in the public infrastructure system within the Survey Area that could include: • Steep slopes / rock outcroppings / poor load -bearing soils Conditions Indicative of the Presence of Blight 9 Northwest Firestone Conditions Survey I June 2012 Deteriorated public infrastructure (street/alley pavement, curb, gutter, sidewalks, street lighting, storm drainage systems) Lack of public infrastructure (same as above) Presence of overhead utilities or billboards Inadequate fire protection facilities/hydrants Inadequate sanitation or water systems Defective or Unusual Conditions of Title Rendering the Title Non -Marketable: Certain properties can be difficult to market or redevelop if they have overly restrictive or prohibitive clauses in their deeds or titles, or if they involve an unusually complex or highly divided ownership arrangement. Examples include: Properties with covenants or other limiting clauses that significantly impair their ability to redevelop Properties with disputed or defective title Multiplicity of ownership making assemblages of land difficult or impossible Lots with billboards that have active leases, making redevelopment more difficult Lots with oil & gas leases or easements that restrict or inhibit development Existence of Conditions that Endanger Life or Property by Fire and Other Causes: A finding of blight within this factor can result from the presence of the following conditions, which include both the deterioration of physical improvements that can lead to dangerous situations as well as the inability for emergency personnel or equipment to provide services to a site: Buildings or sites inaccessible to fire and emergency vehicles • Blocked/poorly maintained fire and emergency access routes/ frontages • Insufficient fire and emergency vehicle turning radii 10 Conditions Indicative of the Presence of Blight Northwest Firestone Conditions Survey I June 2012 Buildings or properties not in compliance with fire codes, building codes, or environmental regulations Buildings that are Unsafe or Unhealthy for Persons to Live or Work In: Some of the conditions that can contribute to this blight factor include: Buildings or properties not in compliance with fire codes, building codes, or environmental regulations Buildings with deteriorated elements that create unsafe conditions Buildings with inadequate or improperly installed utility components Environmental Contamination of Buildings or Property: This factor represents the presence of contamination in the soils, structures, water sources, or other locations within the Survey Area. Presence of hazardous substances, liquids, or gasses Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements: The physical conditions that would contribute to this blight factor include: Sites with a high incidence of fire, police, or emergency responses Sites adjacent to streets/alleys with a high incidence of traffic accidents Sites with a high incidence of code enforcement responses An undeveloped parcel in a generally urbanized area A parcel with a disproportionately small percentage of its total land area developed Vacant structures or vacant units in multi -unit structures Conditions Indicative of the Presence of Blight 11 Northwest Firestone Conditions Survey I June 2012 No document content on this page 12 Conditions Indicative of the Presence of Blight Northwest Firestone Conditions Survey I June 2012 Section 4: Survey Area Location, Definition, and Description The Northwest Firestone Conditions Survey Area is located in northwest Firestone, generally centered on the Interstate 25 / SH 119 (Firestone Blvd) Interchange. Most of the property included in the Survey Area is east of I-25, but not all of it; there is a concentration of property included north of SH 119 to the west of I-25 near Union Reservoir. Land uses in the area are predominately commercial near the interchange itself, residential, and agricultural. Additionally, sand and gravel mining operations along with oil and gas development exist in the Survey Area. The Survey Area is composed of many large agricultural parcels (20-40 acres), and the rest are midsize commercial parcels (1-3 acres), and small subdivided residential parcels (<1 acre).There are more than 75 parcels total, not including recently subdivided residential lots. Exhibit 1: Survey Area Context, shows the location of the Survey Area within the context of the Northern Colorado and the surrounding area. Exhibit 2: Survey Area Map visually depicts the layout and configuration of the Survey Area parcels and the area surrounding the I-25/SH 119 interchange. Survey Area Location, Definition, and Description 13 Northwest Firestone Conditions Survey I June 2012 No document content on this page 16 Survey Area Location, Definition, and Description Northwest Firestone Conditions Survey I June 2012 Section 5: Survey Findings The overall findings of the Northwest Firestone Conditions Survey are presented below in a format that mirrors the list of factors and conditions of blight discussed in Section 3. Slum, Deteriorated, or Deteriorating Structures While many of the commercial structures in the Survey Area were in good condition due to their relatively recent construction, some older residential structures and ancillary structures were found in poor condition. Common problems in this category included deteriorated exterior finishes, and deteriorated/broken doors and windows. An ancillary structure with deteriorated exterior finishes Survey Findings 17 Northwest Firestone Conditions Survey I June 2012 This vacant structure has deteriorated finishes A broken, boarded window 18 Survey Findings .y=..ss»7. 3 Northwest Firestone Conditions Survey I June 2012 This vacant structure has a deteriorated roof and fascia/soffits Slum, Deteriorated, or Deteriorating Structures is considered to be present in the Survey Area 20 Survey Findings Northwest Firestone Conditions Survey I June 2012 Predominance of Defective or Inadequate Street Layout Issues with the underdeveloped road network in the Survey Area were widespread. In numerous places within the Survey Area, roads were either unpaved and in moderate or poor condition, or missing entirely. The agricultural uses in portions of the Survey Area do not necessarily require a highly developed road system, but recent construction of commercial areas and the planing of numerous subdivisions has resulted in higher levels of traffic in many areas, including unpaved roads. Gravel roadways adjacent to many parcels in the Survey Area need to be upgraded to have the capacity to support development adjacent to many parcels, including Firelight Park, Union, Del Camino Central, The Shores, Cottonwood Commerce Center, Cottonwood Hollow, Lexington Village, and the Vogl North Parcel. Unpaved Roads ansamea Some unpaved roads near the commercial area surrounding the 1-25/119 interchange experience increased traffic due to development in the area, resulting in dust being generated despite the efforts of trucks in the area to keep the unpaved roadways wet. Survey Findings 21 Northwest Firestone Conditions Survey I June 2012 Topography in the vicinity of Adams Farm limits road access to certain parcels and funnels traffic onto only a few roads. Data received from the Town shows that Firestone Boulevard does not have adequate capacity in between 1-25 and Birch Street. Additionally, various signals along the Boulevard are in need of improvements and upgrades, including at Jake Jabs Boulevard, Birch Street, and Turner Boulevard.The memo also stated that the 90 degree bend at Zinnia Avenue and WCR 7 is inadequate given the volume of traffic and traffic speeds. The roadway alignment needs to be corrected to provide an acceptable and conforming radius curve. A final major issue with street layout was the lack of internal access roads in many large parcels. In most cases, further development will require additional internal roads, which could be an impediment to the redevelopment of certain parcels. Because of these issues, the Survey Area exhibits the Inadequate Street Layout blight factor. 22 Survey Findings Northwest Firestone Conditions Survey I June 2012 Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness This factor is assessed by considering issues with physical lot configurations that restrict or hamper redevelopment. Lots were analyzed to determine if any were too small or awkwardly shaped to be developed given zoning and other regulations . Since most of the parcels in the Survey Area are either large parcels (>20 acres)or have been subdivided relatively recently, no parcels were found that were too small to allow redevelopment. Lot layout problems in the Survey Area were instead related to access. In some cases, such as with the Union and Adams Farm properties, access was limited by railroad tracks and the St. Vrain River, respectively. The Union Property has a railroad dividing it, causing difficulties in accessing certain parcels. Survey Findings 23 Northwest Firestone Conditions Survey I June 2012 The western parcel in the Adams Farm property has extremely poor access; a road only currently exists in its far southeastern corner. Other small undevelopable parcels in the middle of reservoirs and detention areas exist, and are likely the result of oil and gas development. Additionally, many lots have surface use agreements due to oil and gas development in the area suggesting the possibility of various easements, surface damage, erosion, exhaust emission, and noise. Gas development can adversely impact the usefulness of property when being considered for redevelopment. Because of these issues, a finding of Faulty Lot Layout was made within the Survey Area. 24 Survey Findings Northwest Firestone Conditions Survey I June 2012 Unsanitary or Unsafe Conditions Data from the Firestone Police Department did not reveal any crime statistics or reports that suggest the Survey Area is unsafe. However, there were issues found with stormwater drainage, open ditches, and illegal dumping which contributed to this blight factor. FEMA regulated floodplains cover a significant portion of the Survey Area, including all or parts of Adams Farm, Del Camino Central, The Shores, ALMO, Cottonwood Hollow, and Lexington Village. Major drainageways, ditches, and irrigation canals are common throughout the area, including Last Chance, Rural, Godding, and Oligarchy Canals. The floodplains are not a significant danger by themselves, but the issue is compounded by the drainageways and irrigation ditches in the area, which have the potential to overflow, including near public rights of way and potential pedestrian areas. Erosion is also an issue along the unstablized banks of the canals and ditches. Survey Findings 25 Northwest Firestone Conditions Survey I June 2012 Finally, a significant amount of illegal dumping was found in the vicinity of Road 7 and Zinnia Avenue. Information received from Town officials reveals that this problem has been ongoing. Unsanitary conditions as a result of illegal dumping Because of these issues, the Unsanitary and Unsafe Conditions factor is considered present in the area. Survey Findings 27 Northwest Firestone Conditions Survey I June 2012 Deterioration of Site or Other Improvements The most common occurrence of blight in this category were lots with overgrown weeds and trash that had blown from nearby retail establishments or from cars passing by on the Interstate. Overall, however, these issues were not severe enough to consider the Survey Area as exhibiting this blight factor. A fueling station that once existed here is now gone; all that remains is weeds and broken pavement. Debris on a feedlot, visible from the public right of way 28 Survey Findings Northwest Firestone Conditions Survey I June 2012 Unusual Topography or Inadequate Public Improvements or Utilities Findings of this blight category were related to the lack of public improvements such as sidewalks along the public rights -of -way or utility systems in the area. In certain areas, sidewalks were deteriorated or missing, despite the reasonable expectation of pedestrian foot traffic. Some of the retail developments in the vicinity of the interchange lack perimeter sidewalk infrastructure Data received from the Town detailing infrastructure systems in the Area show numerous issues with stormwater infrastructure in the Survey Area. The capacity of culverts underneath Firestone Boulevard between 1-25 and Colorado Boulevard and between the Vogl parcels in the far eastern portion of the Survey Area is inadequate according to recent storm drainage studies. A similar situation exists along certain portions of Sable Avenue. Survey Findings 29 Northwest Firestone Conditions Survey I June 2012 Natural drainageways and ditches drain water to the St. Vrain River and other detention areas in the Survey Area, but not all drainageways are adequate. An engineered drainage channel is needed to convey stormwater from the confluence of two major drainage basins on the Shores Property to the St. Vrain River, as the current ditch is inadequate. Storm runoff from more than 275 acres is handled by a natural sump in the far eastern portion of the Survey Area, and is prone to flooding, due in part to a shallow water table. Additional detention is also recommended in the area. Other infrastructure necessary to support development is also lacking; there is no potable water service supporting numerous large parcels in the Survey Area, and no sanitary sewer service is currently available for the Vogl North and South parcels at the Survey Area's eastern boundary. There was no unusual topography found in the Survey Area that would substantially impair investment and redevelopment, although numerous drainage ditches with easements are located in major parcels throughout the Survey Area, possibly limiting development or redevelopment.These properties include Turner Commons, Union, Adams Farm, Del Camino Junction Business Park, Del Camino Central, The Shores, Cottonwood Hollow, and Cambria Crossing. 30 Survey Findings Northwest Firestone Conditions Survey I June 2012 Defective or Unusual Conditions of Title Rendering the Title Non -marketable Conversations with Firestone town planning staff revealed a number of issues in this blight category. Surface use agreements and oil/gas leases and easements exist on almost all of the larger parcels, which have the potential to greatly hinder each parcel's redevelopment potential. These properties include: Cottonwood Hollow Property • Union Property • Firelight Property • The Shores Property • Vogl Property • Firestone Central Park Neighbors Point Property There have been past examples of developers putting properties under contract for development that never came to fruition due to oil and gas issues. One example of this is the Firestone Central Park property, which may never be developed to its full potential due to these issues. Additionally, the Turner Commons property at the northwest corner of the 1-25/119 interchange has restrictions in its title that limit the development of certain types of commercial uses. The ditch easement on this property further inhibits redevelopment, and has caused a previous contract to develop this property to be abandoned. Existence of Conditions that Endanger Life or Property by Fire or Other Causes Data from the Frederick -Firestone Fire Protection District revealed a few fire - related incidents in the past, including a gas line rupture and the burning down of a fueling station near the interchange, but there are no current issues with fire safety in the Survey Area that cause concern. Fire code inspections are completed annually with few or no violations. This factor is considered not present. Survey Findings 31 Northwest Firestone Conditions Survey I June 2012 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 No buildings in the area were found upon visual inspection to be deteriorated enough to present a danger to occupants, nor was any data received from the Town to suggest any danger. The factor is therefore considered to not be present. 32 Survey Findings Northwest Firestone Conditions Survey I June 2012 Environmental Contamination of Buildings or Property As part of this Survey, an Environmental Conditions Analysis (ECA) was conducted by an Environmental Professional. Various environmental records databases were searched for known environmental issues that may exist in the Survey Area. A few areas of concern have been identified: • A cattle feedlot operation • Agricultural uses A leaking underground storage tank that had a confirmed release in 1997, but received a No Further Action letter from the Colorado Department of Labor and Environment, Division of Oil and Public Safety in March 1998 • Other fueling stations that are possibly upgradient to the Survey Area, including King Soopers and a former 7 -Eleven • Numerous oil and gas wells throughout the Survey Area Based on the historic uses in the area, the presence of pesticides, herbicides, metals, organic acids, and or nitrates is likely. Soil and or groundwater contamination is therefore a concern, although it has not been confirmed through testing. The presence of this factor is likely but unconfirmed.Therefore, it is considered not present for the purposes of this survey. Survey Findings 33 Northwest Firestone Conditions Survey I June 2012 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 Vacant land was found in a few locations throughout the Survey Area. In the Del Camino Junction Business Park, a few lots had yet to be developed, and on the west side of the interchange, the Turner Commons property lies empty except for weeds and broken pavement. However, most of the agricultural properties were being actively used; the examples of vacancy found are not substantial relative to the size of the Survey Area. A review of municipal service calls from the Police Department and the Frederick -Firestone Fire Protection District did not reveal a significantly elevated incidence of service calls in the Survey Area. This factor is considered not to be present. A few lots in the business park were vacant despite surrounding development 34 Survey Findings Northwest Firestone Conditions Survey I June 2012 Section 6: Survey Summary and Recommendation Within the entire Survey Area, six of the 11 blight factors were identified as being present. The blight factors identified within the Survey Area are: • Slum / Deteriorated Structures • Defective or Inadequate Street Layout • Faulty Lot Layout • Unsanitary or Unsafe Conditions • Unusual Topography or Inadequate Public Improvements or Utilities • Defective or Unusual Conditions of Title Blight Survey Recommendation As discussed in Section 2, in order for an area to be declared blighted, a certain number of the 11 blight factors must be found within the Survey Area. Four of the 11 factors is the required minimum, unless none of the property owners or tenants object to being included within an urban renewal area; then, the required minimum is only one of the 11 factors. In the event however, that eminent domain is to be used to acquire property within the urban renewal area, the required minimum is five of the 11 factors. Since six blight factors were identified within the Survey Area, a sufficient number of blight factors exist under any of the above scenarios. It is the recommendation of this blight Survey report to the Town of Firestone and the Firestone Town Board that the Survey Area, in its present condition, contains a sufficient number of blight factors as required by the Colorado urban renewal laws for the Survey Area to be declared a "blighted area:' Survey Summary and Recommendation 35 Matrix DESIGN GROUT DESIGN GROUP April 22, 2013 Ms. Rebecca Tobennan Planning Director & Town Clerk Firestone, CO Dear Ms. Tobennan, 1601 Blake Street Suite 200 Denver, Colorado 80202 303-572-0200 matrixdesigngroup.com The area studied under the Northwest Firestone Conditions Survey remains materially unchanged in its character and still reflects the results described in the Conditions Survey report. The report, as written in June 2012, accurately describes the current condition of the Study Area. Sincerely, Austin Patten fi Project Manager Northwest Firestone Conditions Survey Denver Colorado Springs Phoenix Anniston Atlanta Omaha Parsuin Pueblo 5acrurnento Washington, D.C. Exhibit D Northern Firestone Urban Renewal Area Weld County Impact Report ■FU RA Urban Renewal Plan for the Northern Firestone Area Weld County Impact Report Town of Firestone, Colorado May 2, 2013 Table of Contents 1.0 Introduction 1 1.1. Report Requirements 1 2.0 Summary of the Northern Plan 1 3.0 Development Program 2 4.0 Development Timing 2 5.0 Development Assumptions and Calculations 2 6.0 Property Tax Revenue 4 7.0 Use of Revenue 4 8.0 Sales Tax Revenue 4 9.0 County Services and Infrastructure 4 Exhibits A. Map of the Northern Plan Area B. Single Family Residential Tax Revenue Rates and Values C. Multi -Family Residential Tax Revenue Rates and Values D. Employment and Commercial Growth E. Employment and Commercial Tax Revenue Rates and Values F. Summary of Tax Revenue Rates and Values 1.0 Introduction This report outlines the anticipated fiscal impacts of the Northern Firestone Urban Renewal Plan ("Northern Plan") on Weld County ("County"). A map of the Northern Plan Area is shown as Exhibit A. 1.1 Report Requirements This report responds to the requirements outlined in C.R.S. 31-25-107 (3.5): C.R.S. 31-25-107: APPROVAL OF URBAN RENEWAL PLANS BY THE LOCAL GOVERNING BODY (3.5) "[P]rior to the hearing on an urban renewal plan...the governing body or the authority shall also submit an urban renewal impact report, which shall include, at a minimum, the following information concerning the impact of such plan: I. The estimated duration of time to complete the urban renewal project; II. The estimated annual property tax increment to be generated by the urban renewal project and the portion of such property tax increment to be allocated during this period to fund the urban renewal project; III. An estimate of the impact of the urban renewal project on county revenues and on the cost and extent of additional county infrastructure and services required to serve development within the proposed urban renewal area, and the benefit of improvements within the urban renewal area to existing county infrastructure; IV. A statement setting forth the method under which the authority or the municipality will finance, or that agreements are in place to finance, any additional county infrastructure and services required to serve development in the urban renewal area for the period in which all or any portion of the property taxes described in subparagraph (ii) of paragraph (a) of subsection (9) of this section and levied by a county are paid to the authority; and V. Any other estimated impacts of the urban renewal project on county services or revenues. 2.0 Summary of the Northern Plan The following information provides a summary of the Northern Plan and its potential financial impacts to the County. The calculations noted herein include the assumption that the current Intergovernmental Agreement ("IGA") between the Firestone Urban Renewal Authority ("FURA") and the County for the Southern Firestone Urban Renewal Plan will be amended to include the Northern Plan. 1 3.0 Development Program The proposed development program for the Northern Plan is consistent with current policy documents and plans adopted or utilized by the Town of Firestone. The anticipated redevelopment and development program over the next 25 years is summarized in Table 1. Table 1: Northern Firestone Urban Renewal Plan Proposed Development Program Dwelling Units Sq. Feet Residential, Single Family 950 Residential, Multi -Family 750 Employment (Industrial/Office) 600,000 Commercial (Retail/Office) 500,000 Total 1,700 1,100,000 4.0 Development Timing The development timetable for the proposed program presented above will ultimately be determined by prevailing market conditions. A key component of the analysis presented in this report is the assumption that key parcels within the Northern Plan Area will be redeveloped or developed into a mix of residential, employment and commercial land uses. For the purposes of this analysis, it is assumed that redevelopment and new development in the area would be substantially completed during the 25 -year term of the Northern Plan. No significant growth in the Northern Plan Area is anticipated until 2014. 5.0 Development Assumptions and Calculations In order to assess the fiscal impacts to Weld County, a variety of land use and development assumptions have been made. These assumptions and related calculations are shown in Exhibits B through F. All the various properties in the Northern Plan Area were analyzed for development and redevelopment potential, including zoning, physical characteristics, proximity to infrastructure and the amount of necessary blight mitigation. The percentage of open space, residential densities and floor area ratios for non-residential development are consistent with typical development that has occurred in Firestone. For all land use categories reviewed in the area, the ultimate development potential is generally consistent with the growth totals shown in Table 1. All calculations shown are in 2013 dollar values. The values shown are the estimated incremental values of vertical construction. The incremental value of land, especially land that is currently assessed as agricultural, was not included in these calculations, as such lands are assumed to be currently valued at market rates. In order to make the analysis as straight forward as possible, assumed changes in the base valuation or any potential tax rate changes were not considered. 2 Exhibit B identifies growth and revenue projections for the development of single-family residential land uses in the Northern Plan Area. Past growth trends of this product type were reviewed and a 2.5 percent annual growth rate was projected for the Town through the year 2037. As this total growth is on a Town wide basis, the percentage of this growth assumed to be developed in the Northern Plan Area is 30 percent. The total annual projected single-family residential dwelling unit amount is shown on Exhibit B. The average market value for each single-family residential dwelling unit was projected to be $250,000. At the County's current mill levy of 16.804 mills and an assessed value rate of 7.96%, each home will yield the County $334 annually in property tax revenue. Exhibit B shows the annual and cumulative values of the County's property tax relative to the projected number of single-family homes. Exhibit C identifies growth and revenue projections for the development of multi -family residential land uses in the Northern Plan Area. This type of land use appears to be gaining momentum in Firestone; therefore a two percent annual growth rate was projected for the Town through the year 2037. This rate was based on historical single- family growth data. As this total growth is on a Town wide basis, the percentage of this growth assumed to be developed in the Northern Plan Area was 30 percent. The total annual projected multi -family residential dwelling units are shown on Exhibit C. The market value for each multi -family residential dwelling unit was projected to be $175,000. At the County's current mill levy of 16.804 mills and an assessed value rate of 7.96% each home would yield the County $234 annually in property tax revenues. Exhibit C shows the annual and cumulative values of the County's property tax relative to the projected number of multi -family homes. Exhibit D shows the calculations for the anticipated private sector employment/office and private sector commercial/office land uses in the Northern Plan Area. Historic data on the ratio of Firestone population to square feet of employment/office and commercial/office lands uses was calculated. There are 53 square feet of employment/office and 68 square feet of commercial/office per resident. These values were multiplied by the population projections from new residential development in the Northern Plan Area to create an annual absorption rate for both employment/office and commercial/office land uses in the Northern Plan Area. Exhibit E identifies revenue projections for the development of employment/office and commercial/office land uses in the Northern Plan Area. Using a building value of $100 per square foot for employment/office land uses, the County's current mill levy of 16.804 mills and an assessed value rate of 29%, each square foot of employment/office development would yield the County $0.49 per square foot annually. Using a building value of $130 per square foot for commercial/office land uses, the County's current mill levy of 16.804 mills and an assessed value rate of 29% each square foot of commercial/office development would yield the County $0.63 per square foot annually. Exhibit E shows the annual and cumulative County tax revenue for employment and commercial land uses in the Northern Plan Area. Exhibit F provides a summary of all the land uses and associated County and total property tax revenues on an annual and cumulative basis. As with all the exhibits, 3 Exhibit F also assumes an amendment of the current IGA between the County and FURA using the same revenue allocation rate of 50 percent. 6.0 Property Tax Revenue Based on assumptions and calculations shown in Exhibits B through F, the incremental County tax revenue that would be deferred during the 25 -year term of the Plan would be a net $575,000. The "net" amount assumes the 50 percent revenue allocation rate as noted in the IGA. After the 25 -year term, the County would receive approximately $70,000 annually from the Northern Plan Area. 7.0 Use of Revenue All revenues received by FURA from the Northern Plan will be utilized to mitigate blight in the Northern Plan Area. 8.0 Sales Tax Revenue Weld County does not have a sales tax and thus no sales tax revenue would be allocated to the FURA under the Northern Plan. 9.0 County Services / Infrastructure Because the entire Northern Plan is located within the Town of Firestone's municipal boundaries, there is anticipated to be a minimal impact on County services. Infrastructure impacts associated with the proposed development program are assumed to be financed by the Town of Firestone with increment revenues or some combination of increment dollars, grants, general fund dollars, special district dollars or other sources. Impacts to the County's general government services could increase in the general area due to an increase in non-residential and residential development, but such impacts should also be relatively insignificant and more than offset by the increase in value realized by properties contiguous to the Northern Plan Area. Additionally, impacts to County social services and jail services are addressed by the 50 percent revenue allocation identified in the IGA. 4 Exhibit B Single Family Residential Tax Revenue Rates and Values For the Northern Plan Year Total DUs Annual Growth Rate Annual FS DUs Percent DUs in FURA Annual FURA DUs County Tax Per DU Annual County Tax Annual County Tax At 50% 2013 2014 3,300 2.5% 83 30.0% 25 334 8,267 4,133 2015 3,422 2.5% 86 30.0% 26 334 8,572 4,286 2016 3,549 2.5% 89 30.0% 27 334 8,890 4,445 2017 3,680 2.5% 92 30.0% 28 334 9,218 4,609 2018 3,816 2.5% 95 30.0% 29 334 9,560 4,780 2019 3,957 2.5% 99 30.0% 30 334 9,913 4,957 2020 4,104 2.5% 103 30.0% 31 334 10,280 5,140 2021 4,256 2.5% 106 30.0% 32 334 10,660 5,330 2022 4,413 2.5% 110 30.0% 33 334 11,055 5,527 2023 4,576 2.5% 114 30.0% 34 334 11,464 5,732 2024 4,746 2.5% 119 30.0% 36 334 11,888 5,944 2025 4,921 2.5% 123 30.0% 37 334 12,328 6,164 2026 5,103 2.5% 128 30.0% 38 334 12,784 6,392 2027 5,292 2.5% 132 30.0% 40 334 13,257 6,629 2028 5,488 2.5% 137 30.0% 41 334 13,748 6,874 2029 5,691 2.5% 142 30.0% 43 334 14,256 7,128 2030 5,902 2.5% 148 30.0% 44 334 14,784 7,392 2031 6,120 2.5% 153 30.0% 46 334 15,331 7,665 2032 6,346 2.5% 159 30.0% 48 334 15,898 7,949 2033 6,581 2.5% 165 30.0% 49 334 16,486 8,243 2034 6,825 2.5% 171 30.0% 51 334 17,096 8,548 2035 7,077 2.5% 177 30.0% 53 334 17,729 8,864 2036 7,339 2.5% 183 30.0% 55 334 18,385 9,192 2037 7,611 2.5% 190 30.0% 57 334 19,065 9,532 Total Notes 1 FS stands for Firestone. 2 DU stands for dwelling unit. 3 NP stands for the Northern Plan. 4 Projections are estimates only. 5 Tax revenue is shown in dollars. 931 310,912 155,456 Exhibit C Multi -Family Residential Tax Revenue Rates and Values For the Northern Plan Year Total DUs Annual Growth Rate Annual FS DUs Percent DUs in FURA Annual FURA DUs County Tax Per DU Annual County Tax Annual County Tax At 50% 2013 2014 3,773 2.5% 94 30.0% 28 234 6,622 3,311 2015 3,913 2.5% 98 30.0% 29 234 6,867 3,433 2016 4,057 2.5% 101 30.0% 30 234 7,121 3,560 2017 4,207 2.5% 105 30.0% 32 234 7,384 3,692 2018 4,363 2.5% 109 30.0% 33 234 7,657 3,829 2019 4,525 2.5% 113 30.0% 34 234 7,941 3,970 2020 4,692 2.5% 117 30.0% 35 234 8,234 4,117 2021 4,866 2.5% 122 30.0% 36 234 8,539 4,270 2022 5,046 2.5% 126 30.0% 38 234 8,855 4,428 2023 5,232 2.5% 131 30.0% 39 234 9,183 4,591 2024 5,426 2.5% 136 30.0% 41 234 9,523 4,761 2025 5,627 2.5% 141 30.0% 42 234 9,875 4,937 2026 5,835 2.5% 146 30.0% 44 234 10,240 5,120 2027 6,051 2.5% 151 30.0% 45 234 10,619 5,310 2028 6,275 2.5% 157 30.0% 47 234 11,012 5,506 2029 6,507 2.5% 163 30.0% 49 234 11,419 5,710 2030 6,748 2.5% 169 30.0% 51 234 11,842 5,921 2031 6,997 2.5% 175 30.0% 52 234 12,280 6,140 2032 7,256 2.5% 181 30.0% 54 234 12,734 6,367 2033 7,525 2.5% 188 30.0% 56 234 13,206 6,603 2034 7,803 2.5% 195 30.0% 59 234 13,694 6,847 2035 8,092 2.5% 202 30.0% 61 234 14,201 7,100 2036 8,391 2.5% 210 30.0% 63 234 14,726 7,363 2037 8,702 2.5% 218 30.0% 65 234 15,271 7,636 Total Notes 1 FS stands for Firestone. 2 DU stands for dwelling unit. 3 NP stands for the Northern Plan. 4 Projections are estimates only. 5 Tax revenue is shown in dollars. 3,453 1,064 249,046 124,523 Exhibit D Employment and Commercial Growth Year Annual FURA SF DUs Pop. Per SF DU SF Annual Pop. Annual FURA MF DUs Pop. Per MF DU MF Annual Pop. Comb. Annual Pop. Emp. SF Per Pop. Annual Emp. Absop. Corn. SF Per Pop. Annual Corn. Absop. 2013 2014 28 2.75 77 7 1.8 13 90 88 7,885 79 7,078 2015 29 2.75 80 8 1.8 14 94 88 8,285 79 7,438 2016 30 2.75 83 8 1.8 14 97 88 8,527 79 7,655 2017 31 2.75 85 8 1.8 14 100 88 8,769 79 7,872 2018 32 2.75 88 62 1.8 112 200 88 17,565 79 15,768 2019 34 2.75 94 64 1.8 115 209 88 18,366 79 16,487 2020 35 2.75 96 67 1.8 121 217 88 19,083 79 17,131 2021 36 2.75 99 69 1.8 124 223 88 19,642 79 17,633 2022 37 2.75 102 72 1.8 130 231 88 20,359 79 18,277 2023 39 2.75 107 74 1.8 133 240 88 21,160 79 18,996 2024 40 2.75 110 77 1.8 139 249 88 21,877 79 19,639 2025 42 2.75 116 80 1.8 144 260 88 22,836 79 20,501 2026 43 2.75 118 83 1.8 149 268 88 23,553 79 21,144 2027 45 2.75 124 86 1.8 155 279 88 24,512 79 22,005 2028 47 2.75 129 89 1.8 160 289 88 25,472 79 22,867 2029 48 2.75 132 93 1.8 167 299 88 26,347 79 23,653 2030 50 2.75 138 96 1.8 173 310 88 27,306 79 24,514 2031 52 2.75 143 100 1.8 180 323 88 28,424 79 25,517 2032 54 2.75 149 103 1.8 185 334 88 29,383 79 26,378 2033 56 2.75 154 107 1.8 193 347 88 30,501 79 27,381 2034 58 2.75 160 111 1.8 200 359 88 31,618 79 28,385 2035 60 2.75 165 115 1.8 207 372 88 32,736 79 29,388 2036 62 2.75 171 119 1.8 214 385 88 33,854 79 30,391 2037 65 2.75 179 124 1.8 223 402 88 35,372 79 31,754 Total Notes 1 FS stands for Firestone. 2 DU stands for dwelling unit. 3 NP stands for the Northern Plan. 4 Projections are estimates only. 5 Tax revenue is shown in dollars. 543,431 487,853 Exhibit E Employment and Commercial Tax Revenue Rates and Values For the Northern Plan Year Annual Emp. Sq. Ft. County Emp. Tax Per Sq. Ft. Annual County Emp.Tax Annual Corn. Sq. Ft. County Tax Per Sq. Ft. Annual County Com. Tax Annual Combined Cty Tax Annual County Tax At 50% 2013 2014 15,814 0.49 7,749 14,196 0.63 8,943 16,692 8,346 2015 16,372 0.49 8,022 14,698 0.63 9,260 17,282 8,641 2016 16,931 0.49 8,296 15,200 0.63 9,576 17,872 8,936 2017 17,490 0.49 8,570 15,701 0.63 9,892 18,462 9,231 2018 18,049 0.49 8,844 16,203 0.63 10,208 19,052 9,526 2019 18,608 0.49 9,118 16,705 0.63 10,524 19,642 9,821 2020 19,325 0.49 9,469 17,348 0.63 10,929 20,398 10,199 2021 19,884 0.49 9,743 17,850 0.63 11,246 20,989 10,494 2022 20,601 0.49 10,094 18,494 0.63 11,651 21,746 10,873 2023 21,402 0.49 10,487 19,213 0.63 12,104 22,591 11,296 2024 22,119 0.49 10,838 19,857 0.63 12,510 23,348 11,674 2025 23,078 0.49 11,308 20,718 0.63 13,052 24,360 12,180 2026 23,795 0.49 11,660 21,362 0.63 13,458 25,117 12,559 2027 24,754 0.49 12,129 22,223 0.63 14,000 26,130 13,065 2028 25,714 0.49 12,600 23,084 0.63 14,543 27,142 13,571 2029 26,589 0.49 13,029 23,870 0.63 15,038 28,067 14,033 2030 27,548 0.49 13,499 24,731 0.63 15,580 29,079 14,540 2031 28,666 0.49 14,046 25,734 0.63 16,213 30,259 15,129 2032 29,625 0.49 14,516 25,734 0.63 16,213 30,729 15,364 2033 30,743 0.49 15,064 25,734 0.63 16,213 31,277 15,638 2034 31,860 0.49 15,611 25,734 0.63 16,213 31,824 15,912 2035 32,987 0.49 16,164 25,734 0.63 16,213 32,376 16,188 2036 34,338 0.49 16,826 25,734 0.63 16,213 33,038 16,519 2037 35,614 0.49 17,451 25,734 0.63 16,213 33,663 16,832 Total Notes 1 FS stands for Firestone. 2 DU stands for dwelling unit. 3 NP stands for the Northern Plan. 4 Projections are estimates only. 5 Tax revenue is shown in dollars. 601,136 300,568 Exhibit F Summary of Tax Revenue Rates and Values For the Northern Plan Year Annual County SF Tax Annual County MF Tax Annual County Emp. Tax Annual County Corn. Tax Total Annual Cty. Tax Annual County Tax At 50% 2013 2014 8,267 4,633 7,749 8,943 29,592 14,796 2015 8,572 4,805 8,841 9,260 31,478 15,739 2016 8,890 4,982 9,143 9,576 32,591 16,295 2017 9,218 5,167 9,445 9,892 33,721 16,861 2018 9,560 5,358 9,746 10,208 34,872 17,436 2019 9,913 5,556 10,048 10,524 36,042 18,021 2020 10,280 5,762 10,436 10,929 37,407 18,703 2021 10,660 5,975 10,737 11,246 38,618 19,309 2022 11,055 6,196 11,125 11,651 40,027 20,013 2023 11,464 6,425 11,557 12,104 41,550 20,775 2024 11,888 6,663 11,944 12,510 43,005 21,502 2025 12,328 6,910 12,462 13,052 44,752 22,376 2026 12,784 7,165 12,849 13,458 46,256 23,128 2027 13,257 7,430 13,367 14,000 48,055 24,027 2028 13,748 7,705 13,885 14,543 49,881 24,940 2029 14,256 7,990 14,358 15,038 51,643 25,821 2030 14,784 8,286 14,876 15,580 53,526 26,763 2031 15,331 8,593 15,480 16,213 55,615 27,808 2032 15,898 8,910 15,998 16,213 57,018 28,509 2033 16,486 9,240 16,601 16,213 58,540 29,270 2034 17,096 9,582 17,204 16,213 60,095 30,048 2035 17,729 9,937 17,813 16,213 61,691 30,845 2036 18,385 10,304 18,543 16,213 63,444 31,722 2037 19,065 10,685 19,232 16,213 65,194 32,597 Total Notes 1 FS stands for Firestone. 2 DU stands for dwelling unit. 3 NP stands for the Northern Plan. 4 Projections are estimates only. 5 Tax revenue is shown in dollars. 1,114,612 557,306 Hello