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HomeMy WebLinkAbout08886ORDINANCE NO. 8886 AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE LOWER WESTSIDE PROJECT AREA WHEREAS, City Planning and Community Development Department staff (the “City Staff”) has been retained by the Pueblo Urban Renewal Authority of Pueblo (the “Authority”) to conduct studies and surveys of the area (the “Area”) described in Exhibit A, attached hereto and incorporated herein, to determine if the Area contains factors included in the definition of “blighted area” in the Colorado Urban Renewal Law Sections 31-25-101, et seq., C.R.S., (the “Act”); and WHEREAS, City Staff prepared, submitted, and presented to the City Council a document entitled “Lower Westside Conditions Survey” (the “Survey”) dated March 25, 2015, which describes in detail the conditions in the Area and is incorporated herein by this reference; and WHEREAS, by Resolution Number 13259, the Pueblo City Council found and determined that the Area is a “blighted area” as defined in Section 31-25-103(2) of the Act; and WHEREAS, the Authority has prepared and approved the Urban Renewal Plan for the Lower Westside Project Area (the “Plan”), a copy of which has been approved as to form by the City Attorney and is attached hereto and incorporated herein; and WHEREAS, the aforesaid Plan is a matter of public record in the custody of the City Clerk and is available for public inspection during business hours of the City; and WHEREAS, notice of the public hearing on the Plan was published as required by Section 31-25-107(3), C.R.S., at least thirty days prior to the public hearing; and WHEREAS, written notice was mailed or delivered to each property owner, business, and resident of the area included in the Plan informing them of the public hearing at least thirty days prior to the public hearing; and WHEREAS, the Pueblo Planning and Zoning Commission has determined that the Plan complies with the Pueblo Regional Comprehensive Development Plan (the “Comprehensive Plan”), which is the general plan for the development of the City as a whole; and WHEREAS, on July 13, 2015, the City Council conducted a public hearing and reviewed said Plan pursuant to the procedural and notice requirements of the City Charter, and the Act, and the City Council having considered the evidence presented in support of and in opposition to the Plan, the Survey, the City’s Comprehensive Plan, and staff recommendations and so having considered the legislative record and given appropriate weight to the evidence; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Urban Renewal Area described in the Plan is found and declared to be a blighted area as defined in the Act. This is a legislative finding by the City Council based upon the Survey and other evidence presented to City Council. SECTION 2. The boundaries of the Urban Renewal Area have been drawn as narrowly as the City Council determines feasible to accomplish the planning and development objectives of the Plan. SECTION 3. The Plan has been submitted to the Board of County Commissioners of Pueblo County, Colorado, (the “County”) together with the information required by Section 31- 25-107(3.5) of the Act. SECTION 4. Pueblo City Schools (School District No. 60) has been permitted to participate in an advisory capacity with respect to the inclusion in the Plan of the tax allocation provisions authorized by Section 31-25-107(9) of the Act. SECTION 5. It is not expected that any relocation of individuals and families will be required in connection with the Plan, but to the extent that any such relocation may be required, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. SECTION 6. It is not expected that any relocation of business concerns will be required in connection with the Plan, but to the extent that any such relocation may be required, a feasible method exists for the relocation of such business concerns in the Urban Renewal Area or in other areas that are not generally less desirable with respect to public utilities and public and commercial facilities. SECTION 7. The City Council has taken reasonable efforts to provide written notice of the public hearing prescribed by Section 31-25-107(3) of the Act to all property owners, residents, and owners of business concerns in the proposed Urban Renewal Area at their last known addresses at least thirty days prior to the public hearing on the Plan. SECTION 8. Section 31-25-107(4)(d) of the Act does not apply because no more than 120 days have passed since the commencement of the only public hearing on the Plan. SECTION 9. Section 31-25-107(4)(e) of the Act does not apply because the City Council did not fail to previously approve this Plan. SECTION 10. The Plan conforms with the Pueblo Regional Comprehensive Development Plan, which is the general plan for the development of the City of Pueblo as a whole. SECTION 11. The Plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the Urban Renewal Area described in the Plan by private enterprise. SECTION 12. All of the Urban Renewal Area is within the corporate limits of the City. Construction and maintenance of public improvements and provision of services in the Urban Renewal Area will be the primary responsibility of the City, the Authority, private enterprise, and public entities other than the County. The County has not provided information that any additional county infrastructure and services will be required to serve redevelopment in the Urban Renewal Area while the tax allocation provisions authorized by Section 31-25-107(9)(a)(I) and (II) of the Act are in place. Therefore, increases in County revenue resulting from the proportionate adjustment of the valuations for assessment under subparagraphs (I) and (II) of Section 31-25-107(9)(a) of the Act and the increase in new County sales tax revenue resulting from redevelopment in the Urban Renewal Area as described in the impact report provided to the County pursuant to Section 31-25-107(3.5) of the Act will adequately finance any additional County infrastructure or services while such tax allocation provisions are in effect. SECTION 13. The Urban Renewal Area described in the Plan does not consist of open land within the meaning of Sections 31-25-107(5) and (6) of the Act. Therefore, the findings and determinations set forth in such sections of the Act do not apply and are not required. SECTION 14. The Authority is not authorized to acquire property through the exercise of eminent domain unless the City Council first approves such acquisition in compliance with the requirements of the Act. SECTION 15. The Urban Renewal Plan for the Lower Westside Project Area has been duly reviewed and considered and is hereby approved. The Authority is hereby authorized to take any and all actions pursuant to the Act to carry out the Plan. SECTION 16. This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 22, 2015 BY: Chris Nicoll PASSED AND APPROVED: July 13, 2015 City Clerk’s Office Item # R-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: June 22, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE LOWER WESTSIDE PROJECT AREA SUMMARY: Attached is an Ordinance for City Council consideration that will make certain legislative findings and approving an Urban Renewal Plan for the area commonly referred to as the Lower Westside. PREVIOUS COUNCIL ACTION: On December 8, 2014, City Council approved Resolution No. 13129 instructing the Pueblo Urban Renewal Authority to commission a blight study of the area described as the Lower Westside. The Authority and the City entered into a Memorandum of Understanding whereby the City would allocate resources of the City Planning and Community Development Department to perform the blight study on the Authority's behalf. BACKGROUND: As directed by Resolution No. 13129, relevant conditions were researched, documented, photographed, and compared with the blight factors pursuant to the Urban Renewal Act. The result of the survey is included in a document entitled “Lower Westside Conditions Survey” (the Conditions Survey) dated March 24, 2015, consisting of 43 pages, related exhibits, a description of existing conditions, and numerous photographs. Based upon the conditions identified in the blight study an Urban Renewal Plan has been prepared to address said conditions. FINANCIAL IMPLICATIONS: No direct financial impact to the City. Property tax incremental growth in the Lower Westside area would be used to fund authorized improvements in the Lower Westside Area. BOARD/COMMISSION RECOMMENDATION: On June 9, 2015, the Pueblo Urban Renewal Authority unanimously recommended approval of the Urban Renewal Plan for the Lower Westside Project Area. The City Planning and Zoning Commission will make a recommendation to City Council at their June meeting. STAKEHOLDER PROCESS: Several meeting with property owners and business owners in the Lower Westside have been held to inform them of the blight study and City plans in the area. ALTERNATIVES: Not Applicable. RECOMMENDATION: Approval of the Ordinance. Attachment: Lower Westside Urban Renewal Plan P URA ueblorban enewal uthority Lower Westside Urban Renewal Plan Lower Westside Urban Renewal Plan July 12, 2015 Prepared by: Department of Planning & Community Development Lower Westside Urban Renewal Plan I. DEFINITIONS The terms used in this Urban Renewal Plan shall have the following meanings. Act means the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, of the Colorado Revised Statutes. Area or Urban Renewal Area means the area of the City included within the boundaries of this Urban Renewal Plan as depicted in Exhibit A and described in Exhibit B. Authority means the Urban Renewal Authority of Pueblo, Colorado. City means the City of Pueblo, Colorado. City Planning means the Department of Planning & Community Development of the City of Pueblo, Colorado. City Strategic Plan means the City of Pueblo Strategic Plan 2011-2015, approved November 22, 2010, by Resolution No. 12024. Comprehensive Plan means the Pueblo Comprehensive Plan adopted in 2002, as amended. Plan or Urban Renewal Plan means this urban renewal plan as it may be amended in the future. Project or Urban Renewal Project means all of the activities and undertakings described in this Plan. II. INTRODUCTION The purpose of this Plan is to implement those provisions of the Comprehensive Plan and the City Strategic Plan that apply to the Urban Renewal Area. The provisions of this Plan are intended to help provide important services to the Area, attract private investment, eliminate and prevent conditions of blight, promote redevelopment and rehabilitation of the urban renewal area, utilize underdeveloped land, and leverage public investment and funding mechanisms to promote redevelopment and rehabilitation, promote redevelopment and rehabilitation of the area by private enterprise, and, where necessary, provide necessary public infrastructure to serve the Area. This Urban Renewal Plan has been proposed for the City Council of the City pursuant to the provisions of the Act. The administration of the Project and the implementation of the Plan shall be the responsibility of the Authority. 2 Lower Westside Urban Renewal Plan III. URBAN RENEWAL AREA BOUNDARIES The location and boundaries of the Urban Renewal Area within the City are shown in Exhibit A, and may be generally described as an area located north of the Arkansas River, south of West 18th Street, west of the Colorado State Mental Hospital and east of Wild Horse Creek.. The Urban Renewal Area contains approximately 88 acres and is legally described in Exhibit B. IV. SUMMARY OF STATUTORY CRITERIA On December 8, 2014, City Council approved Resolution No. 13129 instructing the Pueblo Urban Renewal Authority to commission a blight study of the area described as the Lower Westside. The Authority and the City entered into a Memorandum of Understanding whereby the City would allocate resources of the City Planning to perform the blight study on the Authority's behalf. Relevant conditions were researched, documented, photographed, and compared with the blight factors pursuant to the Act. The result of the survey is incwer Westside March 24, 2015, consisting of 43 pages, related exhibits, a description of existing conditions, and numerous photographs. The Conditions Survey is incorporated herein in its entirety by this reference. The Conditions Survey shows that the following factors listed in the Act are present in the Area and that 1. Slum, deteriorated, or deteriorating structures; 2. Predominance of defective or inadequate street layout; 3. Faulty lot layout in relation to adequacy, accessibility, size or usefulness; 4. Unsanitary or unsafe conditions; 5. Deterioration of site or other improvements; 6. Inadequate public improvements or utilities; 7. Conditions that endanger life or property by fire or other causes; 8. Environmental contamination of buildings or property; and 9. Substantial physical underutilization or vacancy of sites, buildings, or other improvements 3 Lower Westside Urban Renewal Plan V.DESCRIPTION OF URBAN RENEWAL PROJECT This Plan will be implemented as part of a comprehensive program to eliminate and prevent blight in the Urban Renewal Area. The Authority and the City, with the cooperation of private enterprise and other public bodies, will undertake a program to eliminate the conditions of blight identified in the Conditions Survey while implementing the Comprehensive Plan and the City Strategic Plan. 1. Goals of the Plan This Plan has been adopted to achieve the following goals in the Area: a.The Plan will implement the following provisions of the Comprehensive Plan: 1. Promote preservation of Urban Residential land use areas where appropriately buffered from existing and future industrial uses currently allowed under existing zoning. 2. To develop, redevelop and expand Employment Center -Light Industry Mixed land use areas to enhance the industrial tax base and promote jobs for Pueblo area residents. 3. Reclaim, enhance and promote the open spaces and riparian areas along Wildhorse Creek for the enjoyment of the public and habitat for wildlife. b.The Plan will promote a balance of complementary land uses in the Area. c. Implementation of the Plan will eliminate and prevent conditions of blight in the Urban Renewal Area. d. Through the maximum possible participation of private enterprise and the cooperative efforts of the public sector, implementation of the Plan will eliminate and prevent economic deterioration in the Urban Renewal Area and the community at large. The Plan will promote creation of value in the Area. e.The Plan will upgrade public facilities and infrastructure, access, traffic, pedestrian and bicycle circulation, public utilities, public amenities, recreation and drainage in the Urban Renewal Area. f.The Plan will help attract capital investment and new businesses, retention and development of jobs. 4 Lower Westside Urban Renewal Plan g. The Plan will improve conditions and correct problems in the Area related to vehicular access and circulation, public utilities, drainage, environmental contamination, public safely, and public amenities. 2. Relationship to City Strategic Plan The Plan conforms with and is designed to implement the following strategies detailed in the City Strategic Plan: a. Strategy 6.1 - Protect, enhance and maintain City infrastructure; b. Strategy 6.3 - Protect, enhance and maintain parks, trails and open spaces; c. Strategy 7.1 - Preserve and improve neighborhood livability and quality of life for City residents; and d. Strategy 7.3 - Encourage appropriate development and redevelopment in the urban area. B. Land Use Regulations and Building Requirements The Plan will provide a comprehensive and unified plan to promote and encourage high quality development and redevelopment of the Urban Renewal Area by cooperative efforts of private enterprise and public bodies. Notwithstanding anything in the Plan to the contrary, the development and use of the property within the Urban Renewal Area described in the Plan including, without limitation, land area, land use, design building requirements, timing or procedures applicable to the property, shall be subject to the Pueblo Municipal Code and secondary codes therein adopted by reference, and other applicable standards and regulations provided, that is a conflict exists between any provision of the City Regulations and any provision of the Plan or any design guidelines or standards of the Authority, the most restrictive provision shall control. Permitted uses for properties in the Urban Renewal Area shall be those uses allowed in the City of Pueblo Land Use Code. 5 Lower Westside Urban Renewal Plan VI. PROJECT ACTIVITIES The following provisions shall apply to the Area. In accordance with the Act, the Authority may undertake these activities directly or, to the extent authorized by applicable law, contract with third parties to do so. A. Land Acquisition In order to carry out this Plan, the Authority may exercise any and all of its rights and powers under the Act and any other applicable law, ordinance or regulation. The Authority may acquire any interest in property by any manner available. The Authority may acquire property in the Area for the following reasons: To eliminate or prevent conditions of blight; to carry out one or more objectives of the Plan; to assemble property for redevelopment by private enterprise; for needed public improvements; and for any other lawful purpose authorized by the Plan, the Act or any other applicable law. Acquisition of property by eminent domain is not authorized unless the City Council approves, by majority vote, the use of eminent domain by the Authority. B. Relocation If acquisition of property displaces any individual, family, or business concern, the Authority may assist such party in finding another location, and may, but is not obligated to, make relocation payments to eligible residents and businesses in such amounts and under such terms and conditions as it may determine and as may be required by law. C. Demolition, Clearance and Site Preparation The Authority may demolish and clear those buildings, structures, and other improvements from property it acquires if such buildings, structures, and other improvements are not to be rehabilitated in accordance with this Plan. The Authority may provide rough and finished site grading and other site preparation services as part of a comprehensive redevelopment program. D. Property Management During such time as any property is acquired by the Authority, for disposition for redevelopment, 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. Notwithstanding the foregoing, the Authority may acquire property, develop, construct, maintain, and operate thereon buildings and facilities devoted to uses and purposes as the Authority deems to be in the public interest. 6 Lower Westside Urban Renewal Plan E. Public Improvements The Authority will cooperate with the City and other public bodies to install, repair or replace necessary public infrastructure including, but not limited to, public streets, ADA accessible routes, storm water improvements outside the scope of the City Storm Water Enterprise, park and recreation amenities and multi-use recreational trails in the Area. F. Land Disposition, Redevelopment and Rehabilitation 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 purchasers. The Authority may also enter into owner participation agreements with property owners in the Area for the development, redevelopment or rehabilitation of their property. Such agreements will provide for such participation and assistance as the Authority may elect to provide to such owners. The Authority may develop, construct, maintain, and operate buildings and facilities devoted to uses and purposes as the Authority deems to be in the public interest. All such redevelopment, owner participation and other agreements shall contain, at a minimum, provisions requiring: 1. Compliance with the Plan and, if adopted by the Authority, the Design Guidelines and Standards and City codes and ordinances; 2.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; 3. The financial commitments of each party (but nothing herein shall obligate the Authority to make any such financial commitment to any party or transaction). G. Cooperation Agreements For the purposes of planning and carrying out this Plan in the Area, the Authority may enter into one or more cooperation agreements with the City or other public bodies. Without limitation, such agreements may include project financing and implementation; design, location and construction of public improvements; and any other matters required to carry out this Project. It is recognized that cooperation with the City, other municipalities and other public and private bodies may be required to coordinate such issues as the design, construction, maintenance, operation, and timing of public and private improvements within and outside of the Area to properly and efficiently carry out the goals and objectives of this Plan. 7 Lower Westside Urban Renewal Plan H. Other Project Undertakings and Activities Other Project undertakings and activities deemed necessary by the Authority to carry out the Plan in the Area may be undertaken and performed by the Authority or pursuant to agreements with other parties or public bodies in accordance with the authorization of the Act and any and all applicable laws. VII. PROJECT FINANCING The Authority is authorized to finance activities and undertakings under this Plan by any method authorized by the Act or any other applicable law, including without limitation, appropriations, loans or advances from the City; 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; loans, advances and grants from any other available source. Any and all financing methods legally available to the City, the Authority, any private developer, redeveloper or owner may be used to finance in whole or in part any and all costs, including without limitation, the cost of public improvements described or anticipated in the Plan or in any manner related or incidental to the development of the Urban Renewal Area. Such methods may be combined to finance all or any part of activities and undertakings throughout the Urban Renewal Area. Any financing method authorized by the Plan or by any applicable law, including without limitation, the Act, 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 City to finance activities and undertakings authorized by the Act and this Plan in whole or in part. The Authority is authorized to issue notes, bonds or any other financing instruments or documents in amounts sufficient to finance all or part of the Urban Renewal Plan. The Authority is authorized to borrow funds and to create indebtedness in carrying out this Plan. The principal, interest, and any premiums due on or in connection with such indebtedness may be paid from any funds available to the Authority. The Project may be financed by the Authority under the tax allocation financing provisions of the Act. Under the tax allocation method of financing the Project, property taxes levied after the effective date of the approval of this Plan upon taxable property in the Urban Renewal Area each year by or for the benefit of any public body 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: Base Amount That portion of the taxes which are produced by the levy at the rate fixed each year by or for such public body upon the valuation for assessment of taxable property in the Urban Renewal Area last certified prior to the effective date of approval of the Plan or, as to an area later added to the Urban Renewal Area, and the effective date of the modification of the Plan shall be paid into the funds of each such public body as are all other taxes collected by or for said public body͵ 8 Lower Westside Urban Renewal Plan Increment Amount That portion of said property taxes in excess of such base amount 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, the Project. Unless and until the total valuation for assessment of the taxable property in the Urban Renewal Area exceeds the base valuation for assessment of the taxable property in the Urban Renewal Area, all of the taxes levied upon taxable property in the Urban Renewal Area shall be paid into the funds of the respective public bodies. 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 Urban Renewal Area shall be paid into the funds of the respective public bodies The increment portion of the taxes, as described in this subparagraph 2, 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 the Project. VIII. CHANGES IN APPROVED PLAN This Plan may be modified pursuant to the provisions of the Act governing such modifications, including Section 31-25-107, C.R.S. IX. MINOR VARIATIONS The Authority may in specific cases allow minor variations from the provisions of the Plan if it determines that a literal enforcement of the provisions of the Plan would constitute an unreasonable limitation beyond the intent and purpose of the Plan. 9 Lower Westside Urban Renewal Plan Exhibit A 10 Lower Westside Urban Renewal Plan Exhibit B An urban renewal plan area located in a portion of Adee Chamberlin and Wiley's Subdivision Filing No.1 and a portion of Irving Place Filing No.2, Township 20 S, Range 65 W in the 6th Principle Meridian, County of Pueblo, State of Colorado described as follows: Bounded on the north by the south right-of-way line of West 18th Street, on the east by the Burlington Northern Santa Fe Railroad right-of-way, on the south by the Union Pacific Railroad right-of-way and on the west by the Wildhorse Creek as it presently existed, containing approximately 88 acres 11