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POLICY REPORT
2005-5
To: Mayor and City Council
From: Rebecca P. Clark, Director, Community Planning & Development
Director, Lakewood Reinvestment Authority
Date: November 28, 2005
Study Session Date: December 7, 2005
Re: Adoption of West Colfax Avenue Corridor Reinvestment Plan
RECOMMENDATION
Staff recommends that City Council:
A. Adopt the West Colfax Avenue Corridor Reinvestment Plan and designate the West Colfax Avenue Corridor Reinvestment Area.
B. Direct Staff to prepare a resolution to be brought forward at City Council's regular meeting on December 12, 2005, to accept the Colfax Reinvestment Conditions Survey, find that the conditions detailed therein do cause the area to impede the sound economic growth of the municipality, and further to adopt the West Colfax Avenue Corridor Reinvestment Plan and designate the West Colfax Avenue Corridor Reinvestment Area.
BACKGROUND
The Mayor's Colfax Corridor Advisory Committee has developed an Action Plan for West Colfax Avenue. The West Colfax Avenue Action Plan will be presented at a Joint Study Session of City Council and the Planning Commission on December 12, 2005, heard by the Planning Commission on December 7, 2005 and is being presented to City Council on December 12, 2005. The plan identifies exploring designating an urban renewal ("reinvestment") area within some portion(s) of the West Colfax corridor as an action step.
Reinvestment is an implementation tool that can support the goals of the Lakewood Comprehensive Plan and its amendments. Specifically, the West Colfax Avenue Corridor Reinvestment Plan would support Lakewood Comprehensive Plan goals including: "Strengthen Lakewood's image and identity with emphasis on Livability and Vitality", "Promote high quality design in new development and redevelopment", "Plan, build and maintain Lakewood streets, bikeways, and pedestrian pathways as attractive, accessible, safe public spaces and encourage connections with and usage if public mass transit systems", "Promote infill development that interacts well with the character of adjoining neighborhoods", "Encourage high quality infill and redevelopment projects", "Concentrate activities that serve the entire city and the region in major urban centers", "Create and implement revitalization strategies", "Promote an integrated land use and transportation system", "Integrate usable parks, open space, trail systems, and recreational opportunities into development and redevelopment projects".
The City Council directed the Lakewood Reinvestment Authority (LRA) to undertake a Colfax Reinvestment Conditions Survey in August 2005. The conditions survey catalogues conditions that meet the definition of "blight factors" found in Colorado Urban Renewal Law. A minimum of 4 factors must be found in an area to declare it an urban renewal area, and a minimum of 5 must be found to use eminent domain for the purpose of urban renewal within the area. Ten (10) of the eleven (11) possible factors were found within the Colfax Reinvestment Conditions Survey area. Conditions are found scattered throughout the area, with some areas of more intense concentration. In order to designate the West Colfax Avenue Corridor Reinvestment Area, Council must determine that, due to the conditions found, the area "substantially impairs or arrests the sounds growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare".
The LRA convened the Colfax Conditions Task Force, a group of 16 citizens including business owners, residents, and neighborhood representatives to review the Colfax Revitalization Conditions Survey and make recommendations on the use of reinvestment in the Colfax corridor. The task force recommends that a reinvestment area be designated. The group developed objectives for what future projects should accomplish in the area, guidelines for the use of eminent domain in a project with in the area, and recommends a citizen advisory group convene to consider future projects and make project-specific recommendations.
The recommendations of the Colfax Conditions Task Force have been incorporated in the West Colfax Avenue Corridor Reinvestment Plan. The West Colfax Avenue Corridor Reinvestment Plan defines the West Colfax Avenue Corridor Reinvestment Area. The West Colfax Avenue Corridor Reinvestment Area is significantly smaller than the Colfax Reinvestment Conditions Survey area, and excludes the vast majority of the residential properties that were included within the conditions survey area. The West Colfax Avenue Corridor Reinvestment Area is drawn as narrowly as possible to accomplish the goals of the West Colfax Avenue Corridor Reinvestment Plan.
Reinvestment uses property and sales tax increment to help pay for revitalization projects. Even where a Reinvestment area is designated, tax increment is collected by the LRA only when it is allocated to a project. Tax increment from the reinvestment area can be spent only in that area. The Council must authorize the LRA to enter into any redevelopment agreement that allocates increment to a private party. The LRA and West Metro Fire District are working together to address how to allocate tax increment to address needs for both fire protection & redevelopment in the West Colfax Avenue Corridor Reinvestment Area in the event that tax increment financing is used.
Eminent domain cannot be used for urban renewal in the West Colfax Avenue Corridor Reinvestment Area unless City Council approves it for a specific redevelopment project at a future public hearing. The reinvestment plan includes guidelines for the use of eminent domain within the West Colfax Avenue Corridor Reinvestment Area. These guidelines restrict the use of eminent domain, and represent a higher standard of scrutiny than required by Colorado Urban Renewal Statute.
Planning Commission will hold a public hearing on December 7, 2005, to determine whether the West Colfax Avenue Corridor Reinvestment Plan is in conformance with the Lakewood Comprehensive Plan and its amendments, including the pending West Colfax Avenue Action Plan. City Council will consider a resolution to approve the West Colfax Avenue Corridor Reinvestment Plan and designate the area on December 12, 2005.
No City general funds are anticipated to be allocated for the West Colfax Corridor Reinvestment Plan implementation. Tax increment funds collected in the area may be used to pay obligations incurred by the LRA in the course of implementing the reinvestment plan objectives. If the area is designated, the estimated tax increment will be adequate to cover project development costs incurred by the LRA. The City of Lakewood authorized $40,000 for the Colfax Reinvestment Conditions Survey in 2005, which to date is at 85% payout. Tax increment from the area, if designated, can be used to reimburse the City for that cost as early as 2006.
PUBLIC COMMENT
The Colfax Conditions Task Force hosted two open house events to share information and receive public comment. The first, held on October 27, 2005 at the Eiber Elementary School, presented the results and findings of the Colfax Reinvestment Conditions Survey. The open house information was mailed to all property owners in the conditions survey area. Approximately 100 persons attended the meeting. Written comments were received from 10 individuals, which were reviewed by the task force members in the course of developing recommendations. The comments, with written responses, were available at the second open house, which was held November 17, 2005 at the Jefferson County Open School. The mailing list included all property owners, tenants and business owners in the conditions survey area. At least 150 persons attended the meeting. Four written public comments were received, from 3 individuals. These comments were also considered by the task force before finalizing the recommendations document. In addition, some members of the public attended task force meetings and gave input as the group was engaged in working sessions to develop recommendations.
SUMMARY
It is requested that Council direct staff to prepare a resolution accepting the Colfax Reinvestment Conditions Survey, finding that the conditions detailed therein do cause the area to impede the sound economic growth of the municipality, and adopting the West Colfax Avenue Corridor Reinvestment Plan and designating the West Colfax Avenue Corridor Reinvestment Area.
ATTACHMENTS
Colfax Conditions Task Force Recommendations document
West Colfax Avenue Corridor Reinvestment Plan
Colfax Reinvestment Conditions Survey
Public Comment Summary 10-27-05 Open House
Public Comment Summary 11-17-05 Open House
Submitted by:
Rebecca P. Clark, Director Community Planning and Development, Director, Lakewood
Reinvestment Authority
William Marino, Chair Colfax Conditions Task Force
Reviewed by:
Joni Inman, Director Mayor and City Manager's Offices
Michael J. Rock, City Manager, Executive Director, Lakewood Reinvestment Authority
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