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HomeMy WebLinkAbout07630ORDINANCE NO. 7630 AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE LAKE MINNEQUA URBAN RENEWAL PROJECT WHEREAS, M. Torgerson Architects, P.C. (the "Consultants ") have been retained by the Urban Renewal Authority of Pueblo, Colorado (the "Authority ") to conduct studies and surveys 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, the Consultants prepared, submitted and presented to the City Council a document entitled "Lake Minnequa Area Conditions Survey" (the "Survey ") dated April 24, 2007, which Survey is incorporated herein by this reference, and which describes in detail the conditions in the Area that are summarized in Section 1; and WHEREAS, by Resolution Number 11027, 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 Lake Minnequa Urban Renewal Project (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 Pueblo's Comprehensive Plan (the "Comprehensive Plan "), which is the general plan for the development of the City as a whole; and WHEREAS, on August 13, 2007, the City Council conducted a public hearing and reviewed said Plan pursuant to the procedural and notice requirements of the City Charter, the Act, and the City Council, having considered the evidence presented in support of and in opposition to the Plan, the Survey and other studies conducted by the City, 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, COLORADO, 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. 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 of record 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 Pueblo's Comprehensive 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 of public improvements and provision of services in the Urban Renewal Area will be the primary responsibility of the City, the Authority, special districts and public entities (other than the County), and private enterprise. The County has not provided information that any additional county infrastructure and services will be required to serve development in the Urban Renewal Area while the tax allocation provisions authorized by Section 31- 25- 107(9)(a)(1) and (11) of the Act are in place. Therefore, increases in County revenue resulting from the proportionate adjustment of the valuations for assessment under subparagraphs (1) and (11) of Section 31- 25- 107(9)(a) of the Act, as described in the impact report provided to the County pursuant to Section 31 -25- 107(3.5) of the Act, and the increase in new County sales tax revenue resulting from redevelopment in the Urban Renewal Area will adequately finance any additional County infrastructure or services while such tax allocation provisions are in effect. SECTION 13_ To the extent that the Urban Renewal Area described in the Plan may constitute open land within the meaning of Section 31 -25- 107(5) of the Act, it is found and determined that a shortage of housing of sound standards and design that is decent, safe, and sanitary exists in the City; the need for housing accommodations has been or will be increased as a result of the clearance of substandard and dilapidated housing in the City; the conditions of blight in the Urban Renewal Area described in the Plan and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and, if necessary to carry out the Plan, the acquisition of the area for residential uses (to the extent authorized in the Plan) is an integral part of and essential to the program of the City. SECTION 14. To the extent that the Urban Renewal Area described in the Plan may constitute open land within the meaning of Section 31 -25- 107(6) of the Act, it is found and determined that the nonresidential uses under the Plan are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives and, if necessary to carry out the Plan, the contemplated acquisition of the area (to the extent authorized in the Plan) may require the exercise of governmental action, as provided in and subject to the requirements of the Act, because of being a blighted area. SECTION 15_ The Urban Renewal Plan for the Lake Minnequa Urban Renewal Project 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 July 23, 2007 BY Randy Thurston Councilperson APPROVED: a F#k ESIDEINTof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: August 13, 2007 9ra. X00 Background Paper for Proposed ORDINANCE DATE: JULY 23, 2007 AGENDA ITEM # 3 '�o DEPARTMENT: URBAN RENEWAL AUTHORITY OF PUEBLO MIKE TEDESCO, ACM FOR URBAN RENEWAL TITLE AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE LAKE MINNEQUA URBAN RENEWAL PROJECT ISSUE Should City Council approve the proposed Lake Minnequa Urban Renewal Plan and thereby establish a tax increment financing area as a means to eliminate blight? RECOMMENDATION Approve the Ordinance BACKGROUND The Lake Minnequa Urban Renewal Plan (the Plan) prepared and submitted by M. Torgerson Architects, P.C., reflects conditions of blight as required by the Urban Renewal Law of the State of Colorado (C.R.S. 31 -25 -103 (2)). The Plan's primary objective is to eliminate blight by stimulating private investment and reinvestment within the proposed project area boundaries, while implementing those provisions of the Comprehensive Plan and the Supplemental Plans that apply to the Urban Renewal Area. City Council has the authority to revise any proposed urban renewal plan as deemed appropriate. The Plan has been submitted to the City of Pueblo Planning and Zoning Commission who have determined that the Project complies with Pueblo's Comprehensive Plan. Additionally, a copy of the Plan, together with information required by Section 31- 25- 107(3.5), has been submitted to the Pueblo County Board of County Commissioners. Likewise, School District 60 has been permitted to participate in an advisory capacity with respect to the inclusion in the Plan of the tax allocation provisions. FINANCIAL IMPACT Twenty-five year property tax increment projections indicate aggregate revenue of approximately $17,000,000 to be paid to the Urban Renewal Authority of Pueblo.