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HomeMy WebLinkAbout09361ORDINANCE NO. 9361 AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE EVRAZ PROJECT AREA WHEREAS, the Pueblo Urban Renewal Authority staff (the “Authority Staff”) conducted a Conditions Survey of the area (the “Area”) described in Exhibit A, attached to 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, Authority Staff prepared, submitted, and presented to the City Council a document entitled “Evraz Conditions Survey” (the “Survey”) dated October 10, 2018, which describes in detail the conditions in the Area and is incorporated herein by this reference; and WHEREAS, by Resolution Number 14074, 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 Evraz 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 November 12, 2018, 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 Evraz 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: October 22, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 12, 2018 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 22, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting 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 EVRAZ 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 referred to as the Evraz Project Area. PREVIOUS COUNCIL ACTION: On August 17, 2018, City Council approved Resolution No. 14040 instructing the Pueblo Urban Renewal Authority Staff to conduct a blight study of the area generally located south of Harlem Street, west of Canal Street, and east of Interstate 25 and described as the Evraz Project Area. BACKGROUND: As directed by Resolution No. 14040, 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 titled “Evraz Conditions Survey” dated October 10, 2018, consisting of 16 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. BOARD/COMMISSION RECOMMENDATION: On October 10, 2018, the Pueblo Urban Renewal Authority will recommend approval of the Evraz Conditions Survey and Evraz Urban Renewal Plan. The Planning and Zoning Commission will make a recommendation to City Council at its September meeting. STAKEHOLDER PROCESS: Owners and representatives of CF&I Steel LP have met with City and Pueblo Urban Renewal Authority Staff to present concerns of urban blight within a portion of the CF&I Steel LP property. CF&I Steel LP, as the property owner, is concerned that the suspected blighted conditions may impair the municipal economy and sound growth leading to deterioration of the public health, safety, morals, or welfare of the City. ALTERNATIVES: Denial of this Ordinance will result in the dismissal of the property owner’s concerns and request for further study. RECOMMENDATIONS: Approval of the Ordinance.