HomeMy WebLinkAbout07944ORDINANCE NO. 7944
AN ORDINANCE MAKING CERTAIN LEGISLATIVE
FINDINGS AND APPROVING THE URBAN RENEWAL
PLAN FOR THE SAINT CHARLES INDUSTRIAL PARK
URBAN RENEWAL PROJECT AREA
WHEREAS, MTA Planning and Architects (the Consultants) have been retained by
the Urban Renewal Authority of Pueblo, Colorado (the Authority) to conduct studies and
surveys of the area (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 "Saint Charles Area Conditions Survey" (the Survey) dated October
9, 2008, which Survey is incorporated herein by this reference, and which describes in
detail the conditions in the Area; and
WHEREAS, by Resolution Number 11479 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 Saint Charles Industrial Park Urban Renewal 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 December 22, 2008, 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, the City's Comprehensive Plan,
and staff recommendations and so having considered the legislative record and given
appropriate weight to the evidence.
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.
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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 Districts No. 60 and 70 have 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. The Owner of
the real property included in the Plan has consented to its inclusion in the Urban Renewal
Area.
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 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 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. The Urban Renewal Authority of Pueblo
will enter into a cooperation agreement with the County to facilitate the financing and
construction of private taxable improvements in the Urban Renewal Area.
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 Saint Charles Industrial Park Urban Renewal
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; except that all property taxes allocated to and, when collected, paid to the
Authority pursuant to section 31 -25- 107(9) of the Act shall be encumbered, pledged,
paid, and expended by the Authority in accordance with the terms and conditions of a
cooperative agreement to be entered into between the Authority and the City of Pueblo.
SECTION 16.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: December 8. 2008
BY: Judy Weaver
Councilperson
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ATTESTED aY
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CLERK
PASSED AND APPROVED: December 22, 2008
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 33
DATE: DECEMBER 8, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING
THE URBAN RENEWAL PLAN FOR THE SAINT CHARLES INDUSTRIAL PARK
URBAN RENEWAL PROJECT AREA
ISSUE
Should City Council make certain legislative findings and thereby approve the Saint
Charles Industrial Park Urban Renewal Project?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
The goals of the Saint Charles Industrial Park Urban Renewal Project Area Plan (the
Project Area Plan), prepared by the Urban Renewal Authority of Pueblo (the URAP), are
to finance the public improvements associated with development of an Industrial
Employment Center, as defined within Pueblo's Comprehensive Plan, and thereby
reduce influences of blight as defined by C.R.S. 31 -25- 103(2). Public improvements will
be financed by the property tax increment generated within the Project Area boundaries.
Should City Council approve the Project Area Plan, a cooperation agreement between
the URAP and the City of Pueblo will be executed. Additionally, it is anticipated that
financial agreements will be executed by and between the URAP and Vestas Towers
America, Inc., as well as other public entities associated with providing public
improvements to the Project Area, including the City of Pueblo.
FINANCIAL IMPACT
Anticipated tax increment revenues stabilize at approximately $4 million annually.
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Section 1: Urban Renewal Plan
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Saint Charles Industrial Park
Urban Renewal Area
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Saint Charles Industrial Park
Urban Renewal Project
Legend
0 Urban Renewal Area City limits
Parcels Lakes end Rivers
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The Urban Renewal Authority of Pueblo
The Urban Renewal Plan for the Saint Charle
Industrial P ark Urban Renewal Project Area
Saint Charles Industrial Park
Urban Renewal Area
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Saint Charles Industrial Park
Urban Renewal Project
Page 1
IMMMMEMMMEM
Act means the Colorado Urban Renewal Law, Part I of Article 25 of Title 31, of the Colorado Revised
Statutes.
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Comprehensive Plan means the Pueblo Comprehensive Plan adopted in 2002 including all amendments
Acreafter. M
Industrial EMloyment Center(s), as defined within Pueblo's Comprehensive Plan, means strategically
located employment centers positioned near rail and highways.
The purpose of this Plan is to implement those provisions of the Comprehensive Plan that apply to thl
Urban Renewal Area. The rovisions of this Plan are intended to heli) urovide imDortant services to tM
This Urban Renewal Plan has been proposed for the City Council of the City pursuant to the provisio
of the Act. The administration of the Project and the implementation of the Plan shall be the
responsibility • the Authority. I
The location and boundaries of the Urban Renewal Area within the City are shown in Exhibit A. The
Urban Renewal Area contains approximately 842 acres and is described in Exhibit B.
The Authority collaborated with a private entity that contracted with NITA Planning and Architects to
survey and document whether conditions that constitute a "blighted area", as defined in the Act, exist in
the Area. The result of the survey is included in a document entitled "Pueblo Saint Charles Industrial
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The Conditions Survey shows that the following factors listed in the Act are present in the Area and that
these conditions qualify the Area as a "blighted area" as defined in the Act:
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The existence of health, safety, or welfare factors requiring high levels of municipal services or
substantial physical underutilization • vacancy • sites, buildings, or other improvements.
A. Urban Renewal Plan Goals and the Plan's Relationship to Local and Regional Objectives,
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This Plan has been adopted to achieve the following goals in the Area:
The Plan's goal is to implement Pueblo's Comprehensive Plan by assisting with the
elimination of development barriers in the Area. These barriers are characterized principally
by inadequate street patterns, lack of adequate and convenient access, unusual topography,
and lack of adequate public infrastructure. The Authority will cooperate with public and
r• rivate enterprise to remedy these conditions and to otherwise benefit and facilitate
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redevelopment of the Area by private enterprise and to stimulate primary job growth for the
City.
A principal goal of the Plan is to extend infrastructure and services to facilitate
redevelopment of the Area • private enterprise.
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To provide public improvements for strategically located industrial employment cente
located near rail and highways; i
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To encourage efficient and prudent extensions of infrastructure in a manner that considers
both service providers and taxpayers.
2. Implementation of the Plan will eliminate and prevent conditions of blight in the Urban
Renewal Area.
3. Through the maximum possible participation • private enterprise and the cooperative effo
I f 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 promo
creation of value in the Area.
4. The Plan will extend public facilities and infrastructure; improve access, traffic, public
utilities, sewer and water, and storm water detention in the Urban Renewal Area.
5. The Plan will help attract capital investment by private enterprise, thereby providing
emI oyment and strengthening the City's economic base.
•. The Plan will improve conditions and correct problems in the Area related to vehicular
access and circulation, pedestrian/bicycle access and circulation, public utilities, drainage,
environmental contamination, public safety, sewer connectivity, underutilization of land, and
public amenities.
H 1 11, 11111111111110 -
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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.
The Authority does not intend to cause displacement of any parties within the Area. However, 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.
luring sucn timit as an royFrLylsacifirct T fill lit pit =c WipMEWL,
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.
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The Authority may dispose of property it acquires by means of a reasonable competitive biddirn
procedure it establishes in accordance with the Act and pursuant to redevelopment agreements
R' tween the Authority and such purchasers. I
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Other Project undertakings and activities deemed necessary ► the Authority to carry out the
Plan in the Area may
• undertaken and performed by the Authority or pursuant to agreements
with other parties, including private enterprise and public bodies in accordanc-
r r of the Act and any and all applicable laws.
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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.
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, pursuant to a cooperation agreement between the Authority and the City, be financed
by the Authority under the property tax allocation financing provisions of the Act, shall be in
effect for a term not to exceed the period allowed by statute, as follows:
That portion of the taxes which are produced by the levy at the rate fixed each year by or for
each 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, 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.
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.
Page 7
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 t]
Urban Renewal Area sball be paid into the funds of the respective public bodies.
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This Plan may be modified pursuant to the provisions of the Act governing such modificatio
including Section 31-25-107, C.R.S. I
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The Authority may in specific cases allow minor variations from the provisions of the Plan if it
determines that a literal enforcement • the provisions of the Plan would constitute an unreasonable
limitation beyond the intent and purpose of the Plan.
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Saint Charles Industrial Park
Urban Renewal Area
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( - l". I Urban Renewal Project
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EXHIBIT B
Legral Description of the Urban Renewal Area
A parcel • land located in the E V2of Section 26, NE 1 /4of Section 35, S V2of Section 35, S 1 /2 •
Section 36, Township 21 South, Range 65 West and portion of Sections I and 2, Township 22
South, Range • West of the • County of Pueblo, State • Colorado being more
particularly described as follows:
36" W., a distance of 730.32 feet;
2. N. 04 32' 24" W., a distance of 15.00 feet;
3. S. 85 27' 36" W., a distance of 100.00 feet;
Thence S. 04' 32' 24" W., a distance of 140.00 feet to a point on the southerly right-of-way line
• said Lime Road; thence westerly along the south right-of-way line • said Lime Road the
following three (3) courses:
36" W., a distance • 600.00 feet;
2. N. 04 32' 24" W., a distance of 15.00 feet;
36 W., a distance of 4314.11 feet;
Thence N. 00' 15' 1 1" E., a distance of 3980.86 feet • a point • the northerly line of the NW/4
• Section 2; thence N. 89' 44' 49" W., along the northerly line of the NW 1 /4of said Section 2, a
distance of 179.38 feet to a point on the easterly right-of-way line • Colorado Interstate No. 25,
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A parcel of land located in the E V2of Section 26 and NE 1 /4of Section 35, Township 21 South,
Range 65 West of the 6 P.M. County of Pueblo, State of Colorado being more particularly
tescribed as follows:
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Saint Charles Urban Renewal Plan
PUEBLO COUNTY IMPACT REPORT AND REVENUI
PROJECTIONS I
This report outlines the anticipated impact of the proposed St. Charles Urban
Renewal Plan (the Plan) on Pueblo County. It responds to the requirements
outlined in C.R.S. 31-25-107 (3.5):
C.R.S. 31-25-107: APPROVAL OF URBAN RENEWAL PLANS BY THE LOCAL GOVERNING BODY
(3.5) "Prior to the approval of an urban renewal plan, the governing body shall submit
such plan to the board of county conunissioners, which shall include, at a
minimum, the following information concerning the impact of such plan:
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Summary of Urban Renewal Plan
Development Program
The proposed development program for the area included in the Plan (the Urban
Renewal Area) is based on the current plans of Vestas Towers America, Inc., and
may be subject to change. The anticipated development program is summarized
in Table 1.
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The current development plan anticipates construction to start immediately,
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approved • the parties. The project includes construction of a 600,000 squarg
foot industrial facility and related property improvements.
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Exhibit A provides a summary of property tax revenues that could be generated
from new (incremental) taxable redevelopment within the Urban Renewal Area.
These estimates are based on the development program outlined above and reflodi
the entire 25-year tax increment period. The entire property tax increment will be
dedicated to the Urban Renewal Project until payment of all financial obligations
incurred
• the Authority for financing the Urban Renewal Project are satisfied;
as part of the financial obligations, the Authority intends to enter into an
agreement with the County to 1) reimburse the County for approximately $4.5
million in public improvements that benefit the Urban Renewal Project, and 2)
either reimburse to the County • pay directly on behalf of the County to the
proposed developer of the Urban Renewal Area one-half of Pueblo County's
personal property tax associated with the Urban Renewal Project for a period of
ten (10) years.
Property Tax Revenue
Final 2
Statute to the Authority in property tax increment revenues each year is estimated
to range from approximately $1,400,000 to approximately $4,000,000. After the
25-year tax increment period is completed, the County's share of property tax
revenues would rise to approximately $1,000,000 on an annual basis.
County ServiceslInfrastructure
The attached Exhibit A is a detailed illustration of property tax projections, as
well as the development program for the proposed project area.
Final 3
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