HomeMy WebLinkAbout10672ORDINANCE NO. 10672
AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS
AND APPROVING THE NORTH ELIZABETH HOTEL URBAN
RENEWAL PLAN
WHEREAS, pursuant to the Colorado Urban Renewal Law (the “Act”), the Pueblo Urban
Renewal Authority commenced a study of an area (the “Area”) of Pueblo (the “City”) to assess if
blighting factors exist in the Area and, if appropriate, recommend that the City Council consider
one or more redevelopment plans to remove any such conditions of blight; and
WHEREAS, the Authority contracted with Pioneer Development Company (the
“Consultant”) to conduct a conditions survey of the Area, which is more particularly described in
Exhibit A, attached to and incorporated herein, to determine if the Area contains factors included
in the definition of “blighted area” in Sections 31-25-101, et seq., C.R.S. of the Act; and
WHEREAS, the Consultant prepared, submitted, and presented to the Authority and City
Council a document entitled “Hotel Conditions Survey” (the “Survey”) dated August 18, 2023,
which describes in detail the conditions in the Area and is incorporated herein by this reference;
and
WHEREAS, the Consultant prepared, and the Authority has approved, the North
Elizabeth Hotel Urban Renewal Plan for the (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, the City Council has taken reasonable efforts to provide written notice of the
public hearing to all property owners, residents, and business owners in the area included in the
Plan (the “Urban Renewal Area”) 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 Plan (the “Comprehensive Plan”), which is
the general plan for the development of the City as a whole; and
WHEREAS, the Plan contains provisions that allocate property tax increment revenues
derived from the levies of taxing entities that levy property taxes in the Urban Renewal Area
included in the Plan (the “Taxing Entities”), and
WHEREAS, the Authority has delivered to the Taxing Entities (a) the notice of the public
hearing, (a) the Plan, and (c) a copy of an impact report (the “Impact Report”) prepared by the
Consultant that describes the burdens and benefits of the Plan on the revenues and services of
such Taxing Entities; and
WHEREAS, based on the Impact Report, the Authority has reached agreement with the
Taxing Entities regarding estimated impacts on services of the Taxing Entities associated solely
with the Plan as required by Section 31-25-107(9.5) of the Act; and
WHEREAS, on March 11, 2024, 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, Impact Report, and notice of the public hearing have been submitted to the
Taxing Entities, including the Board of County Commissioners of Pueblo County, Colorado, (the
“County”) together with the information required by Sections 31-25-107(3.5) and (9.5) of the Act.
The Plan will remediate conditions of blight in the Urban Renewal Area.
SECTION 4.
The Taxing Entities have reached agreement with the Authority regarding estimated
impacts on services of the Taxing Entities associated solely with the Plan as required by Section
31-25-107(9.5) of the Act.
SECTION 5.
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 6.
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 7.
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 8.
The Pueblo Urban Renewal Authority has taken reasonable efforts to provide written
notice of the public hearing prescribed by Section 31-25-107(4)(c) 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 9.
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 10.
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 11.
The Plan conforms with the Pueblo Regional Comprehensive Plan, which is the general
plan for the development of the City of Pueblo as a whole.
SECTION 12.
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 13.
The entire 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, and private enterprise. Any impacts
on the services or revenues of the Taxing Entities will be offset by new revenues not now being
collected by the Taxing Entities and directly produced as a result of the Plan and subsequent
redevelopment of the Urban Renewal Area and adjacent property outside of the Urban Renewal
Area.
SECTION 14.
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 15.
The Authority is not authorized to acquire property through the exercise of eminent
domain.
SECTION 16.
The North Elizabeth Hotel Urban Renewal Plan 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 17.
This Ordinance shall become effective upon final passage and approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 26, 2024.
Final adoption of Ordinance by City Council on March 11, 2024.
APPROVED:
PRESIDENT OF CITY COUNCIL
Action by the Mayor:
☒ Approved on , 03/18/2024 .
□ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk's Office Item # R9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 11, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Carla Sikes, Interim City Attorney
SUBJECT: AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND
APPROVING THE NORTH ELIZABETH HOTEL URBAN RENEWAL
PLAN
SUMMARY:
This Ordinance makes certain legislative findings, establishing the North Elizabeth
Hotel Urban Renewal Area and approving the North Elizabeth Hotel Urban Renewal
Plan.
PREVIOUS COUNCIL ACTION:
At the request of the Pueblo Urban Renewal Authority (PURA), City Council removed
the subject ordinance from the November 30, 2023, and January 8, 2024, City Council
Agendas.
BACKGROUND:
PURA Board of Commissioners directed its staff to procure a study to determine
whether there are blighting factors for the property located at 3214 N. Elizabeth Street.
Ten of the eleven necessary blighting factors were present in the Survey Area as
determined by PURA’s consultant, Pioneer Development Company.
The purpose of this Plan is to eliminate the conditions of blight that exist in the Survey
Area and facilitate the development of a new 122 room hotel which implement certain
provisions of the Comprehensive Plan that apply to the Urban Renewal Area. The
provisions of this Plan are intended to help provide hospitality services in the City,
attract and leverage private investment, and leverage public investment and funding
mechanisms to provide necessary public infrastructure to serve the Area.
FINANCIAL IMPLICATIONS:
None. Future incremental tax revenues above the current tax base would not exist but
for the redevelopment of the property.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission determined the proposed project meets the
requirements of the City’s Comprehensive Plan and recommended approval at their
November 8, 2023, Regular Meeting.
STAKEHOLDER PROCESS:
The PURA has been in contact with and presented for approval the Urban Renewal
Plan to the other taxing entities within the proposed Urban Renewal Area.
ALTERNATIVES:
None.
RECOMMENDATION:
The Pueblo Urban Renewal Authority Board of Commissioners recommends approval
of this Ordinance.
ATTACHMENTS:
1. Hotel Urban Renewal Plan 10.13.2023 P&Z changes Final Draft
2. Hotel Conditions Survey 8.19.2023
3. Hotel Urban Renewal Plan Impact Report 8.28.2023