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HomeMy WebLinkAbout10789ORDINANCE NO. 10789 AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE WEST PUEBLO URBAN RENEWAL PLAN WHEREAS, pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title agreed it is in the public interest to jointly undertake the West Pueblo Urban Renewal Project ; and WHEREAS, pursuant to a contract with the Pueblo Urban Renewal Authority (the Exhibit A, attached to and incorporated herein, to determine if the Area contains factors included in the definition of the Act; and WHEREAS, the Authority has approved, submitted, and presented to the City Council a Conditions Survey prep y 2, 2022, and updated as of July 27, 2024, which describes in detail the conditions in the Area and is incorporated herein by this reference; and WHEREAS, the Authority has approved, submitted, and presented to City Council the Urban Renewal Plan for the Area, a copy of which has been approved as to form by the City Attorney and is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Area included in the Plan contains real property in unincorporated Pueblo County that is contiguous to a portion of the Area within the municipal limits of the City as authorized by Section 31-25-112.5 of the Act; and WHEREAS, each owner of and holder of a recorded mortgage or deed of trust encumbering real property in such unincorporated area has consented in writing to inclusion in the Area; and WHEREAS, in accordance with Section 31-25-112.5 the Act, the County Commissioners of the County will consider approving the Plan at its meeting on __________, 2024 pursuant to the notices of public hearing required by the Act; and WHEREAS, to the extent that the Area may contain land that the Pueblo County Assessor has classified as agricultural for the purposes of levying and collecting property taxes at any time during the five-year period prior to the date of approval of the Plan, each public body that levies an ad valorem property tax on such agricultural land has consented in writing to inclusion of the agricultural land within the Area in the Plan (the County will consent by approving the Plan); and WHEREAS, cooperation with the County to carry out the Plan will support community and regional goals and provide needed public facilities, infrastructure, housing, and provide needed traffic improvements; and WHEREAS, the 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 as amended to date (the and WHEREAS, the Plan allocates property tax increment revenues to the Authority to carry out the Plan and requires compliance with certain provisions of the Act, including House Bill 15- WHEREAS, on September 9, 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 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 is subject to approval by the County in accordance with Section 112.5 of the Act and will be undertaken with the support and participation of the County. SECTION 4. As required by the benefits to the Taxing Entities from redevelopment of the Urban Renewal Area, and (3) a proposed agreement that waives the right to claim property tax increment revenue allocated to the Authority by the Act and related provisions necessary and in the public interest to remediate conditions of blight and construct required improvements in the Urban Renewal Area. SECTION 5. Pueblo 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 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 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 Development Plan, as amended, 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. 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 the Authority does not intend to undertake land acquisition in the Urban Renewal Area; a shortage of housing of sound standards and design that is decent, safe, and sanitary exists in the City; and the construction of residential housing in the area is an integral part of and essential to the program of the City. SECTION14. 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 Authority does not intend to undertake land acquisition in the Urban Renewal Area; 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. SECTION 15. The Authority is not authorized to acquire property through the exercise of eminent domain. SECTION 16. The County, City, and Authority have complied with all applicable Amended 1348 Requirements, including securing signed agreements with affected Taxing Entities regarding the use of tax increment financing to carry out the Plan. SECTION 17. The West Pueblo 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, including, without limitation, (1) completing any agreements as may be required to carry out the Plan and (2) filing of the Plan and related documents with the Pueblo County Assessor. SECTION 18. This Ordinance shall become effective upon final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 26, 2024. Final adoption of Ordinance by City Council on September 9, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R17 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 9, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Carla Sikes, City Attorney SUBJECT: AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE WEST PUEBLO URBAN RENEWAL PLAN SUMMARY: This Ordinance makes certain legislative findings that approves the West Pueblo Urban Renewal Plan and establishes the West Pueblo Urban Renewal Area. PREVIOUS COUNCIL ACTION: By Ordinance No. 10128, dated February 28, 2022, the City Council approved a multi- party Intergovernmental Agreement (the IGA) for a major project that includes approval of the proposed West Pueblo Urban Renewal Plan (the Plan) prepared by the Pueblo Urban Renewal Authority (PURA). BACKGROUND: The IGA authorizes the City to cooperate with the other parties to plan a significant community-wide development project featuring (1) a new Detention Facility containing approximately 182,000 square feet constructed and operated by Pueblo County to serve both the City and the County and (2) the extension of Joe Martinez Boulevard from Purcell Boulevard in Pueblo West to Pueblo Boulevard. The Detention Facility will include secure housing, kitchen and laundry, support spaces such as administration, recreation, storage, and related programs. It is planned to be a modular unit design that can be expanded as needed in the future. The road and traffic improvements plan consist of a four lane, 3.1-mile roadway with a planned design speed of 45 MPH. It will have limited vehicular access between Purcell Boulevard and Pueblo Boulevard to facilitate the movement of traffic and to encourage its use as an alternative to Highway 50 West for access to and from the City. The Plan is being undertaken in accordance with a procedure that permits unincorporated area adjacent to the Plan area within the City to be included in the Plan. Permitted uses for properties in the Plan area are those allowed in the City of Pueblo Land Use Code for annexed parcels and uses allowed in the Pueblo County Land Use Code for unincorporated parcels. The County Commissioners are scheduled to approve the Plan at its meeting on September 17, 2024. All property in unincorporated Pueblo County will be annexed into the City as the Plan is being carried out and as a condition of extending City water and sewer service into such areas. The County will pay for the bulk of the costs of the project and the proposed Plan will provide additional financial support by authorizing property tax increment financing. After notice by PURA and negotiations that followed, all taxing entities who levy property taxes in the proposed urban renewal area have executed TIF agreements, which PURA approved on April11, 2023. PURA approved the plan recommendation to City Council on September 12, 2023. FINANCIAL IMPLICATIONS: The County has retained financial consultants and bond counsel and plans to issue tax exempt bonds and/or certificates of participation to pay for most of the project costs. The Plan prepared by PURA authorizes the use of property tax increment financing that creates a special fund from future new property taxes to help pay for certain eligible costs. In negotiations with the taxing entities, PURA agreed to remit to School District vice Mill Levy and to assist the Library District with development of a new library facility to serve the Plan area. Among the eligible costs that PURA will assist in financing are (1) roadway connections th to include Medal of Honor Boulevard Extension, W.24 Street capacity upgrades, W. stth 31 Street to W. 29 Street extension (Baker Steamer), Spaulding Avenue offsite connection/extension, and traffic signalization; (2) trunk main water and sanitary sewer extensions, upsizing, and replacement onsite and downstream; (3) stormwater, park, trail, and open space improvements within Wildhorse Creek onsite and downstream; (4) environmental remediation of salvage yards; (5) Honor Farm management improvements; and (6) crime Prevention through environmental design projects. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission advised that the proposed project is in meeting on July 10, 2024. STAKEHOLDER PROCESS: Affected taxing entities and PURA have all signed TIF agreements. ALTERNATIVES: None. RECOMMENDATION: The PURA Board of Commissioners recommends approval of this Ordinance. ATTACHMENTS: 1. PURA resolution approving TIF agreements with taxing entities 2. West Pueblo Urban Renewal Plan Impact Report 9.8.2022 3. West Pueblo Urban Renewal Plan 4. The West Pueblo Conditions Survey - updated July 27, 2024 5. PURA Resolution approving the Plan and recommending City Council approval