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Illegal URA Modification Puts High Plains Academy Funding In Jeopardy |
--------- Forwarded message ---------- From: Judy Schmidt To: Steve Miller Date: Fri, May 9, 2014 at 3:20 PM Subject: Non-substantial Modification of US 34/Crossroads Corridor Urban Renewal Plan (City of Loveland Resolution #R-28-2014) To: "millers@co.larimer.co.us" <millers@co.larimer. co.us> Cc: Bill Cahill <Bill.Cahill@cityofloveland.org> Mr. Miller, Bill Cahill forwarded to me your message regarding the referenced Resolution for review and response. You indicate that the County has two basic concerns – first, that the inclusion of the identified school parcel in the US 34/Crossroads Corridor Urban Renewal Plan is inconsistent with specified sections of the Urban Renewal Law (CRS Section 31-25-101, *et seq.*); and second that the County was not notified by the City of the change in the Plan. In response, please understand that the City Council made an express finding, as set forth in Resolution #R-28-2014, that the addition of the school parcel to the URA Plan Area “will not substantially change the URA Plan in land area, land use, design, building requirements, timing or procedure, as previously approved in the URA Plan.” Hence, the modification to the Plan was not a “substantial modification.” The statutory provisions cited regarding the inclusion of “agricultural land” were added to the Urban Renewal Law by HB 10-1107 in 2010. Section 7 of HB 10-1107 expressly provides that it only applies to urban renewal plans “approved or substantially modified” on or after June 1, 2010. A copy of HB 10-1107 is attached for your reference. Accordingly, the provisions of the Urban Renewal Law you cite are not applicable to the non- substantial (or minor) modification effectuated by the Resolution. In addition, the Urban Renewal Law requires notification of the County under CRS 31-25-107(3.5) (a) prior to the public hearing on an urban renewal plan or a substantial modification of an urban renewal plan. In this case, the changes made by the Resolution do not constitute a substantial modification,so no such notice was provided. Finally, on a more practical note, modification of the Plan to include the school parcel in the Plan Area should not have a negative impact on revenues to the taxing authorities in that it will be tax exempt and will not impact TIF revenues. It will, however, benefit the School District by permitting the use of dedicated “School Increment” revenues for construction of schools under the Master Finance Agreement. If you have questions or would like to discuss this further, please let us know. Regards, Judy Judith Yost Schmidt Acting City Attorney City of Loveland - Civic Center 500 East Third Street Loveland, Colorado 80537 Ph: 970/962-2545 Fax: 970/962-2900 Email: Judy.Schmidt@cityofloveland.org |
Emails Available On the Larimer County Website From: Steve Miller Sent: Thursday, May 08, 2014 10:09 AM To: Bill Cahill Subject Deliberative Dear Bill: We came across Loveland's resolution #R-28-2014 (attached). We have a few problems with the resolution. The following is research done by this office: Prior to the school district's 01/13/2014 purchase of Parcel # 85092-35-901, the land was owned by C R Development Inc (parent parcel # 85092-003) and was classified as agricultural property and had been since at least 2010. The parent parcel had recently been combined with parcel # 85092-36-002 owned by Centerra Investments LLC, which was also classified as agricultural property since 2010. As a result of a new plat map recorded on 1/15/2014, the new parcel # 85092-35-901 described as Tract A, Millennium Northwest Fourth Sub, LOV (20140002625) was created and the parent parcel was deleted. The inclusion of Parcel 85092-35-901 appears to violate at least 2 of the following provisions of C.R.S. 31-25-107(1)(c)(III) C.R.S. *From ARL Vol 2 Sec 12.5: In addition, agricultural land cannot be incorporated into an urban renewal area prior to June 1, 2020, unless each of the following conditions found in § 31-25-107(1)(c)(III), C.R.S., is also satisfied:* *a. The agricultural land is contiguous to the urban renewal area, and the urban renewal* *area existed on June 1, 2010; and* Subject parcel will connect to URA plan area by way of a road right of way inclusion (also a part of this resolution) *b. Since June 1, 2010, the current owner has owned both the agricultural land and other* *land located within the urban renewal area that is contiguous to the agricultural land;* *and* *Fails this test -- Subject parcel is owned by Thompson School District R2J. Contiguous parcel 85042-06-033 <85042-06-033>(connected by way of the road right of way) is owned by Centerra Properties West LLC. * *c. developed solely to create long-term jobs related to manufacturing.* *Fails this test - Subject property is the proposed location of a new school, not manufacturing.* Not related to the substance of the resolution is another problem: this office wasn't notified of this proposed change to the URA. I have copied others in the county who have roles in matters like this, and a few in the Division of Property Taxation with whom we have consulted. When it's convenient for you, please contact me and we can discuss how to proceed. A meeting might be good. Best regards, Steve Miller Larimer County Assessor Office: 970-498-7118 Mobile: 970-692-3504 |
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