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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. 0Fr.TinN 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 PRt i I I T'�l rtw d]UH� ATTESTED aY { CLERK PASSED AND APPROVED: December 22, 2008 E ������ L MOW 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. 0 0 ®r • dp W 0 1 2 WWW Section 1: Urban Renewal Plan 7r 1 Saint Charles Industrial Park Urban Renewal Area W Saint Charles Industrial Park Urban Renewal Project Legend 0 Urban Renewal Area City limits Parcels Lakes end Rivers A [M�Mil 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 M 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. 1111 11 I ILA"Ift"WaNiffull W.I.XIEGI MmuggIMMA1111 ISO IM M MIME W.M. IMMM H-Mm- WE-q= 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 am 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: 12= I 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, MMWIMI 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 on 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. I To provide public improvements for strategically located industrial employment cente located near rail and highways; i �M I IMMIS) IV MKI Sig OHM I I IVA • ttm u %) 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 - ii 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. WMW�� 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 on 0111���ra '141 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. W= 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. ky I I PEN so IT-1 OEM This Plan may be modified pursuant to the provisions of the Act governing such modificatio including Section 31-25-107, C.R.S. I I K41 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. MM 1 W. 111 0 03 1 Saint Charles Industrial Park Urban Renewal Area yfMR Oty Of Puebla 0, vo im N top Saint Charles Industrial Park ( - l". I Urban Renewal Project Em 0 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, W= 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: lum 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: fib` amum 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. M��� The current development plan anticipates construction to start immediately, *uax • tMIWX ?5t approved • the parties. The project includes construction of a 600,000 squarg foot industrial facility and related property improvements. Me= 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 ■ pw H 0 6 O O E E o 9 a s 4Q 4 4 . 4 9 4 4 4 4 . . . . . . O®® . . . . . . . . . 0 . . 9 p W m 8 T m h ti 0 0 c:� . . . . . . . . . . . . . q . . . . . . . . . I V»I T o o o o o a o 0 0 o a 0 o o o o o 15 n o o -L C� R IQ li Ili rl� ll� m ea . . . . I . . . . . 't W q IS 0 o o o a q . . . . . . . . . o 0 o m I m b R R q o o o . . . . rt