City Council Agenda and Packet 2013 12 16

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transportation impacts on McCaslin Boulevard, 881h Street, Rock Creek Parkway, and Dillon Road. The Sales Tax Revenue Sharing Agreement I have attached copies of the 1997 original and the 2005 1st Amendment to the Property Disconnection and Revenue Sharing Intergovernmental Agreement (IGA) between the Town of Superior and the City of Louisville. The IGA applies to approximately 65 acres of combined land located in the Superior Town Center PD Amendment's North Parcel and the Town Center Core along with approximately 15 acres of land in the northeast portion of the South Parcel. Subparagraph b of Paragraph 3 in the 2005 1st Amendment to the IGA states in part that: "There shall be a minimum of 250,000 square feet of retail, sales-tax generating development on the South property. Superior shall require construction of a minimum of 250,000 square feet of retail, sales-tax generating development on the South Property as part of its approval of the Preliminary PD/Zone District Plan for development on the South Property, and Superior shall not permit or approve any development that does not contain such minimum amount of retail, sales-tax generating square footage." The City of Louisville believes the PD Amendment does not establish the regulatory framework needed to ensure development in the Superior Town Center will meet the requirements of the IGA. Page CS 1.1: The Land Use Summary Table illustrating the total square footage of development allowed in the Superior Town Center presents minimum and maximum square feet of development by land use category. The Plan's development allowances give the impression the Superior Town Center will meet the requirements of the IGA. Planning Area Retail Minimum Sq. Feet Maximum Sq. Feet North Parcel 197,250 236,700 Town Center 71,200 80,400 Total 268,450 317,100 However, the Allowed Uses table on the same page allows uses that would permit development to occur in a way that violates the IGA. Specifically, the use table defines Retail/Commercial Uses to include "non-sales tax generating"land uses such as: hotels, professional office, dental/medical clinics, and communication facilities. The City of Louisville is concerned these "non-sales tax generating" land uses included in the definition of retail will consume some of the required minimum