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HomeMy WebLinkAbout08094AS AMENDED: October 26, 2009 ORDINANCE NO. 8094 AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE EASTSIDE PROJECT AREA WHEREAS, MTA Planning & Architecture (the "Consultant ") has 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 Consultant prepared, submitted, and presented to the City Council a document entitled "Eastside Project Area Conditions Survey" (the "Survey ") dated March 25, 2009, and updated as of September 18, 2009, which describes in detail the conditions in the Area and is incorporated herein by this reference; and WHEREAS, by Resolution Number 11719, 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 Eastside 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 October 26, 2009, 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 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. Pueblo City Schools (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. To the extent that any relocation of individuals and families may be required in connection with the Plan, 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. To the extent that any relocation of business concerns may be required in connection with the Plan, 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. All of the Urban Renewal Area is within the corporate limits of the City. Construction and maintenance of public improvements and provision of services in the Urban Renewal Area will be the primary responsibility of the City, the Authority, private enterprise, and public entities other than the County. The County has not provided information that any additional county infrastructure and services will be required to serve redevelopment 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. SECTION 13 The Urban Renewal Area described in the Plan does not consist of open land within the meaning of Sections 31 -25- 107(5) and (6) of the Act. Therefore, the findings and determinations set forth in such sections of the Act do not apply and are not required. SECTION 14 Prior to exercising the power of eminent domain in accordance with Section VI of the Plan, the Authority shall comply with all requirements of the Act and any other law, including, without limitation, the provisions of Section 31 -25 -105.5 of the Act. SECTION 15. The Urban Renewal Plan for the Eastside 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. SECTION 16. This Ordinance shall become effective upon final passage and approval. INTRODUCED: October 13, 2009 F-M A77ESTED SY: CITY CLERK Weaver } C � OUNCILPERSON APPR D' } �, PRESIDENTof City Council PASSED AND APPROVED: October 26. 2009 AS AMENDED: October 26, 2009 IN W, SRI Background Paper for Proposed ORDINANCE AGENDA ITEM # S -6 DATE: OCTOBER 13, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE EASTSIDE PROJECT AREA ISSUE Shall City Council approve the proposed Eastside Project Area Urban Renewal Plan and thereby establish a tax increment financing area as a means to eliminate blight? Approve the Ordinance BACKGROUND This Ordinance approves the Urban Renewal Plan for the Eastside Project Area (the Plan). The goals of which include the following: • To encourage compatible infill development consistent with the original land uses within the Area; • To provide maximum opportunities for single family, detached housing rehabilitation; • To encourage commercial mixed use (re)developments to be located within commercial corridors within the Area; and • To interconnect public infrastructure and neighborhood parks to stimulate a sate and walkable urban environment. The Plan includes a provision for the use of property tax increment within the project area for a period not to exceed 25 years. FINANCIAL IMPACT Total projected tax increment for the project area is approximately $1,677,739 based upon commercial development projects approved to date. It is assumed as future projects, envisioned but not presently approved are developed, additional tax increment will be available. Pueblo Urban Ad ': Renewal Authority The Urban Renewal Plan for the Fountain Creek Confluence Project Area Fountain Creek Confluence Urban Renewal Project Area Page I 1. DEFINITIONS The terms used in this Urban Renewal Plan shall have the following meanings. Act means the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, of the Colorado Revised Statutes. Area or Urban Renewal Area means the area of the City included within the boundaries of this Urban Renewal Plan as depicted within Exhibit A and described within Exhibit B. Authority means the Urban Renewal Authority of Pueblo, Colorado. City means the City of Pueblo, Colorado. Comprehensive Plan means the Pueblo Comprehensive Plan adopted in 2002 including all amendments thereafter. Facade Improvement Program means a revolving loan program established by the Authority for the purpose of providing a means for property owners to rehabilitate dilapidated building facades, repair sidewalks, provide accessibility to those with disabilities, improve the esthetic character of single family residential units, and increase and /or establish ornamental landscaping. Plan or Urban Renewal Plan means this urban renewal plan as it may be amended in the future. Project or Urban Renewal Project means all of the activities and undertakings described in this Plan. II. INTRODUCTION The purpose of this Plan is to implement those provisions of the Comprehensive Plan that apply to the Urban Renewal Area. The provisions of this Plan are intended to help provide important services to the Area, reduce crime in the Area, attract private investment, redevelop the urban renewal area, eliminate and prevent conditions of blight, promote redevelopment and rehabilitation of the urban renewal area by private enterprise, utilize underdeveloped land, and leverage public investment and funding mechanisms to promote redevelopment and rehabilitation of the urban renewal area by private enterprise, and , where necessary, provide necessary public infrastructure to serve the Area. This Urban Renewal Plan has been proposed for the City Council of the City pursuant to the provisions of the Act. The administration of the Project and the implementation of the Plan shall be the responsibility of the Authority. 111. URBAN RENEWAL AREA BOUNDARIES The location and boundaries of the Urban Renewal Area within the City are shown in Exhibit A. The Urban Renewal Area contains approximately 180 acres and is described in Exhibit B. IV. SUMMARY OF STATUTORY CRITERIA Page 2 Wa The Authority collaborated with MTA 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 "Fountain Creek Confluence Conditions Survey" (the Conditions Survey) dated March 25, 2009, consisting of 40 pages, related exhibits, a description of existing conditions, and numerous photographs. The Conditions Survey is incorporated herein in its entirety by this reference. 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: • Slum, deteriorated, or deteriorating structures; • Predominance of defective or inadequate street layout; • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; • Unsanitary or unsafe conditions; • Deterioration of site or other improvements; • Inadequate public improvements or utilities; • The existence of conditions that endanger life or property by fire or other causes; • Buildings that are unsafe for persons to live or work in because of dilapidation and /or deterioration; • Environmental contamination of buildings or property; • Substantial physical underutilization or vacancy of sites, buildings, or other improvements. V. DESCRIPTION OF URBAN RENEWAL PROJECT This Plan will be implemented as part of a comprehensive program to eliminate and prevent blight in the Urban Renewal Area. The Authority and the City, with the cooperation of private enterprise and other public bodies, will undertake a program to eliminate the conditions of blight identified in the Conditions Survey while implementing the Comprehensive Plan. The principal goals of the plan are to help provide public improvements to serve the Lower East Side neighborhood located within the Area. Public improvements may include the following: property acquisition and demolition of slum and deteriorating structures, sewer and water lines, energy and gas lines, underground transmission lines, storm water detention improvements, landscaping improvements, general transportation improvements, fagade improvements, historic building rehabilitation, and reimbursement(s) to public and /or private entities for providing such public improvements. This Plan authorizes acquisition of property by the Authority, the Authority may acquire any interest in property in the Area to eliminate or prevent conditions of blight, to carry out one or more objectives of the Plan, or to implement any of the land uses authorized or permitted by the Plan. The goals of the Plan will be accomplished by affording maximum opportunity for the redevelopment and rehabilitation of the Area by private enterprise. A. Urban Renewal Plan Goals and the Plan's Relationship to Local and Regional Objectives. 1. Goals of the Plan This Plan has been adopted to achieve the following goals in the Area: Page 3 MOW 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 slum, deteriorated, or deteriorating structures; deterioration of site or other improvements, and buildings that are unsafe for persons to live or work in because of dilapidation and /or deterioration. The Authority will cooperate with public and private enterprise to remedy these conditions and to otherwise benefit and facilitate redevelopment of the Area by private enterprise and to stimulate the economic vitality of the Area. A principal goal of the Plan is elimination of slum, deteriorated, and deteriorating structures. The Plan will implement the following provisions of the Comprehensive Plan: • To encourage compatible infilt development consistent with the original land uses within the Area; • To provide maximum opportunities for single family, detached housing rehabilitation; • To encourage commercial mixed use (re)developments to be located within commercial corridors within the Area; and • To interconnect public infrastructure and neighborhood parks to stimulate a safe and walkable urban environment. 2. Implementation of the Plan will eliminate and prevent conditions of slum and blight in the Urban Renewal Area. 3. Through the maximum possible participation of private enterprise and the cooperative efforts of 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 promote creation of value in the Area. 4. The Plan will help attract capital investment by private enterprise, thereby providing redevelopment and rehabilitation to commercial structures, residential structures, and underutilized sites. 5. 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. B. Land Use Regulations and Building Requirements The Plan will provide a comprehensive and unified plan to promote and encourage high quality development and redevelopment of the Urban Renewal Area by cooperative efforts of private enterprise and public bodies. Notwithstanding anything in the Plan to the contrary, the development and use of the property within the Urban Renewal Area described in the Plan Page 4 PER WIN including, without limitation, land area, land use, design building requirements, timing or procedures applicable to the property, shall be subject to the Pueblo Municipal Code and secondary codes therein adopted by reference, and other applicable standards and regulations of the City of Pueblo ( "City Regulations "), which shall be controlling with respect thereto. VI. PROJECT ACTIVITIES 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. A. Land Acquisition To carry out this Plan, the Authority, in cooperation with the City and other public bodies, may exercise any and all of its rights and powers under the Act and any other applicable law, ordinance, or regulation. The Authority may acquire any interest in property by any manner available, including, without limitation, by exercise of the power of eminent domain. The Authority may acquire property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities; and, if eminent domain is used to acquire such property without the consent of the owner, without regard to the economic performance of the property to be acquired. Eminent domain shall not be used to acquire property for the purpose of economic development or enhancement of tax revenue. Prior to exercising the power of eminent domain, the Authority shall comply with all of the requirements of the Act and any other law, including, without limitation, the provisions of Section 105.5 of the Act. B. Relocation If acquisition of property by eminent domain under the conditions set forth in Section 31 -25- 105.5(2) of the Act requires the relocation of any displaced person as defined in the Act, the Authority shall adopt a relocation plan to provide relocation assistance and land acquisition policies that are consistent with the requirements set forth in article 56 of title 24, C.R.S., and shall otherwise comply with all of the other applicable provisions of the Act. C. Demolition, Clearance and Site Preparation The Authority may demolish and clear those buildings, structures and other improvements from property it acquires if such buildings, structures, and other improvements are not to be rehabilitated in accordance with this Plan. The Authority may provide rough and finished site grading and other site preparation services as part of a comprehensive redevelopment program. D. Property Management Page 5 During such time as any property is acquired by the Authority for disposition for redevelopment, 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. E. Land Disposition, Redevelopment and Rehabilitation The Authority may dispose of property it acquires by means of a reasonable competitive bidding procedure it establishes in accordance with the Act and pursuant to redevelopment agreements between the Authority and such purchasers. Prior to commencement of any negotiations for redevelopment or rehabilitation of property acquired or to be acquired by eminent domain, if applicable, the Authority shall also comply with the provisions of Section 31 -25 -105.5 of the Act. The Authority may also enter into owner participation agreements with property owners in the Area for the development, redevelopment or rehabilitation of their property. Such agreements will provide for such participation and assistance as the Authority may elect to provide to such owners. The Authority may develop, construct, maintain, and operate buildings and facilities devoted to uses and purposes as the Authority deems to be in the public interest. All such redevelopment, owner participation and other agreements shall contain, at a minimum, provisions requiring: 1. Compliance with the Plan and City Regulations; 2. Covenants to begin and complete development, construction or rehabilitation of both public and private improvements within a period of time deemed to be reasonable by the Authority; and 3. The financial commitments of each party (but nothing herein shall obligate the Authority to make any such financial commitment to any party or transaction). F. Public Improvements The Authority will cooperate with private enterprise, the City and other public bodies to provide the public improvements necessary to service Area and stimulate economic vitality. The Authority is authorized to cooperate with all such parties to finance, assist in the design, installation, construction, and reconstruction of public improvements in the Area and to enter into agreements to provide public improvements and equipment necessary and incidental to the provision of infrastructure improvements and public services to serve the needs of the Area. G. Cooperation Agreements Page 6 For the purposes of planning and carrying out this Plan in the Area, the Authority may enter into one or more cooperation agreements with the City or other public bodies. Without limitation, such agreements may include project financing and implementation; design, location, installation, and construction of public improvements, provision for municipal services, and any other matters required to carry out this Project. It is recognized that cooperation with the City and other public and private bodies may be required to coordinate such issues as the design, construction, maintenance, operation, timing of public and private improvements, and the provision of municipal services within and outside of the Area to properly and efficiently carry out the goals and objectives of this Plan. H. Other Proiect Undertakings and Activities Other Project undertakings and activities deemed necessary by the Authority to carry out the Plan in the Area may be undertaken and performed by the Authority or pursuant to agreements with other parties, including private enterprise and public bodies in accordance with the authorization of the Act and any and all applicable laws. VII. PROJECT FINANCING 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. Any and all financing methods legally available to the City, the Authority, any private developer, redeveloper or owner may be used to finance in whole or in part any and all costs, including without limitation, the cost of public improvements described or anticipated in the Plan or in any manner related or incidental to the development of the Urban Renewal Area. Such methods may be combined to finance all or any part of activities and undertakings throughout the Urban Renewal Area. Any financing method authorized by the Plan or by any applicable law, including without limitation, the Act, may be used to pay the principal of and interest on and to establish reserves for indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Authority, the City, or other public or private entity to finance activities and undertakings authorized by the Act and this Plan in whole or in part. 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 be financed by the Authority under the property tax allocation financing provisions of the Act, which shall be in effect for a term not to exceed the period allowed by statute, as follows: A. Base Amount Page 7 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. B. Increment Amount 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. Unless and until the total valuation for assessment of the taxable property in the Urban Renewal Area exceeds the base valuation for assessment of the taxable property in the Urban Renewal Area, all of the taxes levied upon taxable property in the Urban Renewal Area shall be paid into the funds of the respective public bodies. 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 the Urban Renewal Area shall be paid into the funds of the respective public bodies. The increment portion of the taxes, as described in this subsection B, may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances and indebtedness incurred by the Authority to finance the Project; provided, however, any offsets collected by the County Treasurer for return of overpayments and any funds reserved by the Authority for such purposes are excluded from such pledge. The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental property taxes paid to the Authority for payment of expenses associated with administering the Plan. VIII. CHANGES IN APPROVED PLAN This Plan may be modified pursuant to the provisions of the Act governing such modifications, including Section 31 -25 -107, C.R.S. IX. MINOR VARIATIONS The Authority may in specific cases allow minor variations from the provisions of the Plan if it determines that a literal enforcement of the provisions of the Plan would constitute an unreasonable limitation beyond the intent and purpose of the Plan. Page 8 mm EXHIBIT B Legal Description of the Urban Renewal Area Beginning at the intersection of the north right -of -way line of the east -west alley between East Beech Street and East Catalpa Street and the east right -of -way line of Hudson Avenue; thence north along the east right - of -way line of Hudson Avenue to its intersection with the south right -of -way line of East 3rd Street; thence east along the south right -of -way line of East 3rd Street to its intersection with the east right -of -way line of Joplin Avenue; thence north along the east right -of -way line of Joplin Avenue to its intersection with the north right -of -way line of East 5th Street; thence west along the north right -of -way line of East 5th Street to its intersection with the east right -of -way line of Hudson Avenue; thence north along the east right -of -way line of Hudson Avenue to its intersection with the north right -of -way line of East 10th Street; thence west along the north right -of -way line of East 10th Street and said north right -of -way line extended to the westerly right -of -way line of the Denver and Rio Grande Western Railroad; thence southerly along the westerly right - of -way line of the Denver and Rio Grande Western Railroad to its intersection with the north right -of -way line of Chester Avenue; thence south along the westerly right -of -way line of Chester Avenue to its intersection with the southern right -of -the line of I s` Street; thence east to its intersection with the westerly right -of -way line of the Denver and Rio Grande Western Railroad; thence southerly along the westerly right - of -way line of the Denver and Rio Grande Western Railroad to its intersection with the westerly extension of the north right- of-way line of the east -west alley between East Beech Street and East Catalpa Street and along said north right -of -way line to the point of beginning; all in the City of Pueblo, County of Pueblo, State of Colorado. 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