City Council Agenda and Packet 2013 12 16

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250,000 square feet of sales tax generating uses in the Town Center That is the Plan does not reflect the IGA's absolute minimum requirement for construction of at least 205,000 square feet of sales-tax generating development. Page CS 1.2: The Plan's compliance with the IGA is further undermined by the table illustrating the "Key Amendments/Modifications to 30 November 2012 STC PD and Design Guidelines". Land use classifications included in the Pedestrian / Bicycle Circulation Subsection of the table clarify a range of allowed retail floor area. According to the text, the range of allowed retail floor area includes hospitality uses. Louisville does not believe hotels are a retail land use, nor does the City believe hotels will generate sales tax revenues as required by the IGA. The City of Louisville is concerned that the inclusion of hospitality uses in the retail floor area will allow a non-sales tax generating land use to consume some of the required minimum 250,000sf of retail, sales tax generating development. PAGE CS 1.3: The PD Amendment illustrates the land use concept for the entire Superior Town Center. Louisville is concerned with the land use concept proposed for the North Parcel of the Town Center. The map shows the North Parcel would contain office, hotel, civic, and recreational land uses along with detention facilities. No retail, sales tax generating, land uses are shown in the Town Center's North Parcel. The PD Amendment's definition of retail, which includes hospitality, on pages CS 1.1 and CS 1.2 and the land use concept shown on page CS 1.3 together allows the possibility that 197,259 square feet of retail, sales tax generating land uses could be removed from the proposed Town Center development shown on CS 1.1. The Plan provisions noted above lead the City of Louisville to believe the PD Amendment could result in the minimum required retail, sales tax generating, land uses for the 80 acres of land identified in the Sale Tax Revenue IGA being as low as 71,200 square feet. 178,800 square feet shy of the required minimum of 250,000 square feet. Conclusion The City of Louisville believes the proposed PD Amendment for the Superior Town Center violates the 1997 original and the 2005 1s1 Amendment to the Property Disconnection and Revenue Sharing IGA between the City of Louisville and Town Superior. For this reason, the City requests the Superior Town Board not approve the PD Amendment as written as doing so would be contrary to the IGA. Louisville's expectation is that the Town of Superior respect the requirements of the 1997 original and the 2005 1s` Amendment to the IGA and ensure they are