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HomeMy WebLinkAbout07113ORDINANCE NO. 7113 AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING A SUBSTANTIAL MODIFICATION TO THE URBAN RENEWAL PLAN FOR THE AMENDED PHASE ONE URBAN RENEWAL PROJECT WHEREAS, by Resolution Number 9782, the Pueblo City Council found that an area of the City is appropriate for study as an urban renewal project or projects and authorized and directed the Urban Renewal Authority of Pueblo, Colorado (Authority) to conduct further studies and prepare an urban renewal plan or plans for consideration by the City Council; and WHEREAS, the Authority has prepared and approved the Urban Renewal Plan for the Amended Phase One Urban Renewal Project for The Expanded Urban Renewal Project entitled Pueblo Expanded Urban Renewal Project (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, there was presented to the City Council for its review and consideration a document prepared by Urban Plan, Inc. entitled the Pueblo Downtown Blight Survey (Survey) dated July 2002, which Survey shows that the area described in the Plan qualifies as a blighted area as such term is defined in the Colorado Urban Renewal Law, Sections 31 -25 -101, et seq., C.R.S. (the Act); and WHEREAS, notice of the public hearing on the Plan was published as required by Section 31- 25- 107(3), C.R.S., 30 days before the hearing; and WHEREAS, written notice was mailed by US Postal Service, at least 30 days before the hearing, to each property owner, business, and resident of the area included in the Plan informing them of 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 March 22, 2004, 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 Expanded Phase One Urban Renewal Project Area described in the Plan is found and declared to be a blighted area as defined in the Act and is hereby designated as appropriate for an urban renewal project. This is a legislative finding by the City Council based upon the Survey and other evidence presented to City Council at the public hearing. SECTION 2. The boundaries of the Expanded Phase One Urban Renewal Project 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, together with the information required by Section 31 -25- 107(3.5) of the Act. SECTION 4. 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. The Urban Renewal Plan for the Amended Phase One Urban Renewal Project for the Expanded Phase One Urban Renewal Project has been duly reviewed and considered and is hereby approved, provided, however, that none of the City of Pueblo's sales and use tax revenues collected within the Expanded Phase One Urban Renewal Project shall be divided or paid or made available to the Authority for financing or refinancing, in whole or in part, any urban renewal project within the Expanded Phase One Urban Renewal Project unless specifically approved by Ordinance adopted by the City Council. The Authority is hereby authorized to take any and all actions pursuant to the Act to carry out the Plan. Notwithstanding the foregoing, no part of the three and three - tenths (3.30 %) of the City of Pueblo's revenue from its existing sales and use tax (Vendor's Fee ") shall be used in any manner or for any purpose other than provided in Ordinance No. 5810, unless otherwise specifically approved by Ordinance adopted by the City Council. INTRODUCED February 9, 2004 BY Michael Occhiato Councilperson APPROVED: Y�f PRESI ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED March 22. 2004 ,Cl&. `/� r 13 Background Paper for Proposed ORDINANCE AGENDA ITEM 0 p� 30- DATE: February 9, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPAkTMENT/CATHY GREEN TITLE AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING A SUBSTANTIAL MODIFICATION TO THE URBAN RENEWAL PLAN FOR THE AMENDED PHASE ONE URBAN RENEWAL PROJECT ISSUE Shall City Council approve a major modification to the Urban Renewal Plan for the Amended Phase One Urban Renewal Project? RECOMMENDATION Approval of this Ordinance. The Pueblo City Council Resolution Number 9782 found that an area within the City of Pueblo is appropriate for study as an Urban Renewal Project and authorized and directed the Authority to prepare an Urban Renewal Plan. To enhance and coordinate the planning effort between the Authority and the City, the Authority engaged the City Planning Department to prepare the Urban Renewal Plan. The completed Plan was presented to the Planning and Zoning Commission at their regularly scheduled meeting on November 12, 2003. The Commission found that the Urban Renewal Plan complied with the Pueblo Regional Comprehensive Development Plan and voted unanimously to recommend that the plan be forwarded to the City Council for adoption. The City Council is being asked to make the following findings regarding the Urban Renewal Plan: 1. The Urban Renewal Area described in the Plan is found and declared to be a blighted area as defined in the Act. 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. 3. The Plan has been submitted to the Board of County Commissioners of Pueblo County, Colorado, together with the information required by Section 31 -25- 107(3.5) of the Act. 4. 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. 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. 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. 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. 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. 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. 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. 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. FINANCIAL IMPACT Upon adoption of the Urban Renewal Plan, the Urban Renewal Authority will receive all property taxes above what is currently being collected (the increment) for the next 25 years, within the Expanded Urban Renewal Project Area (excluding the existing project area). The financial impact to City sales tax revenues depends on what, if any, agreement the City and the Urban Renewal Authority enter in to. As with property tax, the Urban Renewal Authority, if agreed to by City Council, may receive sales tax within the Expanded Urban Renewal Area above the amount currently being collected, for the next 25 years. In both cases, it is assumed that additional taxes being collected (the increment) beyond the current base is being created by new development within the Expanded Urban Renewal Project Area. In theory, these are additional taxes that would not otherwise be available.