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HomeMy WebLinkAbout09-18-2006 ITEM VIII-A-1CITYOF 'ra ,M * r WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Community Renewal Plan - Public Hearing and Date: Ordinance September 12, 2,006 Department: Planning, Building Attachments: Ordinance No. 6049 Budget Impact: and Development Exhibit A, Exhibit B, Index sheet map of photographs, (NOTE: The CRP also consists of the Auburn Downtown Plan and the color _photographs for blocks 1 through 28. Administrative Recommendation: City Council introduce and adopt Ordinance No. 6049. Background Summary: RCW Chapter 35.81 is Washington State's Community Renewal law. This State law provides cities with additional flexibility and tools to conduct land assembly and redevelopment within locally adopted community renewal areas. Among other items, the Community Renewal Law enables cities to undertake "Community Renewal Projects". Community Renewal Projects, in turn, are those undertakings intended for the elimination and for the prevention of the spread of "blight" and may involve "redevelopment" or rehabilitation in a "Community Renewal area". It is important to recognize that the Community Renewal Law takes on a very broad definition of "blight" or "blighted areas". A blighted area is defined, in part, as area that "substantially impairs or arrests the sound growth of the municipality or its environs". Factors that may constitute "blight" include what traditionally might be associated with the term such as unsafe or unsanitary conditions or dangerous or unhealthful conditions. However, under the Community Renewal Law, items such as a defective or inadequate street layout, inadequate lot layout or obsolete platting, or excessive land coverage or diversity of land ownership may also constitute blight. Such land use factors can also contribute to impairing the sound growth of a city. L0918-1 03.4.1.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing _I_I Referred to Until _ Tabled Until ! / Councilmember: Norman Staff: Osaki Meetin Date: Se tember 18, 2006 Item Number: VIII.A.1 AUBURN* MORE THAN YOU IMAGINED * k, CITY OF h.* WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Community Renewal Plan - Public Hearing and Date: Ordinance September 12, 2006 Department: Planning, Building Attachments: Ordinance No. 6049 Budget Impact: and Development Exhibit A, Exhibit B, Index sheet map of photographs, (NOTE: The CRP also consists of the Auburn Downtown Plan and the color _photographs for blocks 1 through 28. Administrative Recommendation: City Council introduce and adopt Ordinance No. 6049. Background Summary: RCW Chapter 35.81 is Washington State's Community Renewal law. This State law provides cities with additional flexibility and tools to conduct land assembly and redevelopment within locally adopted community renewal areas. Among other items, the Community Renewal Law enables cities to undertake "Community Renewal Projects". Community Renewal Projects, in turn, are those undertakings intended for the elimination and for the prevention of the spread of "blight" and may involve "redevelopment" or rehabilitation in a "Community Renewal area". It is important to recognize that the Community Renewal Law takes on a very broad definition of "blight" or "blighted areas". A blighted area is defined, in part, as area that "substantially impairs or arrests the sound growth of the municipality or its environs". Factors that may constitute "blight" include what traditionally might be associated with the term such as unsafe or unsanitary conditions or dangerous or unhealthful conditions. However, under the Community Renewal Law, items such as a defective or inadequate street layout, inadequate lot layout or obsolete platting, or excessive land coverage or diversity of land ownership may also constitute blight. Such land use factors can also contribute to impairing the sound growth of a city. L0918-1 03.4.1.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/_ Tabled Until —/—/ Councilmember: Norman Staff: Osaki Meeting Date: September 18, 2006 1 Item Number: AUBURN *MOPE THAN YOU IMAGINED Agenda Subject: Community Renewal Plan - Public Hearing and Date: September 12, 2006 Ordinance To implement the Community Renewal Law a local jurisdiction must adopt a Community Renewal Plan. The Community Renewal Plan must do several items including: • Define the community renewal area. (In this case, the community renewal area is the; downtown urban center, modified slightly to also include a small area on C Street NW, just north of 3rd Street NW.) (see Exhibit A); • Document "Blight" (this is achieved, in part, through the presentation of photographs for the certain blocks in the vicinity of the transit center); • Identify preferred outcome and uses (this is achieved through the incorporation of the Downtown Plan as part of the Community Renewal Plan); • Include a "Financial Plan" that provides for a sound and adequate financial program to finance community renewal projects (contained in Exhibit B); and, • Include a "Displacement Plan" that provides a feasible plan for addressing residents who may be displaced from community renewal projects (also contained as part of Exhibit B). The Community Renewal Plan therefore includes a displacement plan and a financial plan. In addition, to assist in documenting blight and the preferred outcome and uses for the proposed Community Renewal Area, the Auburn Downtown Plan/EIS will also be adopted as a component of the Community Renewal Plan. To better document "blight" specifically, the proposed Community Renewal Plan includes a block by block analysis of blight (with photos) over a certain part of the Auburn Downtown near the transit center where, for example, mixed use development is encouraged. In accordance with State law, a public hearing on the Community Renewal Plan must be held. Notice of the public hearing was provided in the City's official newspaper (twice) and mailed to property owners within the proposed Community Renewal Area. On September 11, 2006 the Public Works Committee reviewed the Community Renewal Plan and the proposed plan was an action item on the Planning and Community Development Committee agenda. The PCD recommended approval, except that it requested additional clarification on certain statements within the Financial Plan with respect to how a return on investment is calculated. Staff has since revised that section to provide more clarity as well as more flexibility. L0918-1 03.4.1.1 Page 2 of 2 ORDINANCE NO. 6049 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, RELATING TO DOWNTOWN COMMUNITY RENEWAL, FINDING AND DETERMINING THAT DOWNTOWN AUBURN IS BLIGHTED, DESIGNATING A COMMUNITY RENEWAL AREA, AND ADOPTING A COMMUNITY RENEWAL PLAN WHEREAS, the Auburn downtown area has been identified as a subarea within the City of Auburn Comprehensive Plan as evidenced by the City Council's adoption of the Auburn Downtown Plan/Final EIS in May 2001; and WHEREAS, the Auburn downtown, and particularly the area shown in Exhibit "A", attached, which generally coincides the City of Auburn urban center as approved by King County and the Puget Sound Regional Council, and as evidenced by the Block by Block Analysis of "blight" for certain areas included as part of Exhibit "B", attached, has experienced substantial decline in the quality of the building stock, a substantial increase in building vacancies, and is also characterized by the presence of vacant underutilized parcels that are difficult to develop due to their size and difficulties in aggregating adjoining parcels under different ownership; and WHEREAS, the Auburn downtown has also seen the decline of property maintenance which has impaired job growth and economic development in the city, which adversely impacts the ability to attract private sector investment, and thereby undermines and limits the tax base; and WHEREAS, the substantial physical dilapidation, deterioration and/or age or obsolescence of buildings, inappropriate uses of land or buildings, unsanitary or unsafe conditions, deterioration of sites, and the existence of conditions that endanger life or property by fire or other causes, all of which exist within the Auburn downtown, are Ordinance No. 6049 Page 1 of 7 collectively conducive to ill health, juvenile delinquency, crime, and substantially impair or arrest the sound growth of the Auburn downtown and its environs, constitute an economic and social liability, and in their present condition are detrimental to the public health, safety, welfare, or morals; and WHEREAS, the current Auburn downtown environment lends itself to residents electing to conduct business elsewhere, in surroundings that are perceived to be safer and more comfortable; and WHEREAS, the City of Auburn Comprehensive Plan as evidenced by the City Council's adoption of the Auburn Downtown Plan/Final EIS in May 2001 (the "Auburn Downtown Plan") recognizes that blight conflicts with the goal of establishing a high quality pedestrian oriented downtown; and WHEREAS, in recognizing that blight exists in the Auburn downtown, the Auburn Downtown Plan contains goals and policies to address such blight including„ by way of example, "Goal 2 To remove or diminish the impact of blighting influences throughout downtown." "Policy 2-1 Encouraging removal Removal of blighting influences is encouraged." "Policy 2-2 Public sector investment When private sector investment is not feasible or timely, public sector investments in catalyst projects should be considered. The City shall have the ability to acquire properties to aggregate into larger projects." WHEREAS, the Washington State legislature in its 2002 session amended the State's Urban Renewal Law, renaming it the "Community Renewal Law" and providing additional tools for cities for the revitalization of "Community Renewal Areas" which are Ordinance No. 6049 Page 2 of 7 blighted areas designated as appropriate for "Community Renewal Projects" as set forth in Chapter 35.81 RCW; and WHEREAS, undertakings related to the rehabilitation, redevelopment or combination thereof of blighted areas is necessary and in the interest of the public health, safety, morals and welfare of the residents of the City, and WHEREAS, the Auburn Downtown Plan, together with the "Community Renewal Area Financial Plan" and the "Downtown Project Area Residential Displacement Plan" attached at Exhibit "B", constitutes an appropriate Community Renewal Plan for the Auburn downtown; and WHEREAS, the Community Renewal Plan contains a sound and adequate financial program for financing renewal projects; and WHEREAS, the Community Renewal Plan contains a feasible plan for making available adequate housing for the residents who may be displaced; and WHEREAS the Community Renewal Plan conforms to the City's Comprehensive Plan; and WHEREAS, the Community Renewal Plan will afford the maximum opportunity, consistent with the needs of the City, for the rehabilitation or redevelopment of the community renewal area by private enterprise; and WHEREAS, the City Council finds that a sound and adequate financial program exists for financing the community renewal projects given funding programs, City partnerships in proposed projects and anticipated private development financing; and WHEREAS, public notice of a Community Renewal Plan public hearing was provided by publication once each week for two consecutive weeks not less than ten Ordinance No. 6049 Page 3 of 7 and not more than thirty days prior to the public hearing in a newspaper having general circulation in the community renewal area of the municipality; and WHEREAS, mailing of notice of the public hearing was given not less than ten days prior to the date of the public hearing to the persons whose names appear on the county treasurer's tax roll as the owner or reputed owner of the property, at the address shown on the tax roll; and WHEREAS, a public hearing on the proposed Downtown Community- Renewal Plan was held by the Auburn City Council on September 18, 2006, at a regular open public meeting, prior to which notice of the public hearing was published in the City's official newspaper and mailed to all affected property owners within the affected area; and WHEREAS, the City Council finds it is in the best interest of the City to designate downtown Auburn as a "Blighted Area", and adopt a Community Renewal Plan for the Auburn downtown. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings Adopted. The City Council hereby adopts the "WHEREAS" clauses of this ordinance as findings of fact and evidence of blight. Section 2. Designation of Blighted Area. Based on the materials and testimony presented to the City Council, the Block by Block Analysis of Blight included in Exhibit "B", and the findings set forth in the "WHEREAS" clauses of this ordinance, the downtown area of the City of Auburn as shown on the attached map labeled as Ordinance No. 6049 Page 4 of 7 Exhibit "A" is hereby found and determined to be and designated as a "blighted area" as defined in RCW 35.81.015(2). Section 3. Renewed Auburn Downtown Appropriate. It is necessary in the public interest of public health, safety, morals and welfare of the residents of the City of Auburn that the Auburn downtown be determined to be an area to be reclaimed and renewed through "redevelopment" and/or "rehabilitation" as defined in RCW 35.81.015 (18) and (19). Section 4. Declaration of Community Renewal Area. The downtown area of the City of Auburn as shown on the attached map labeled as "Exhibit A" is declared to be a "community renewal area" as defined in RCW 35.81.010(5) and the rehabilitation, redevelopment or combination thereof of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Auburn. Section 5. Adoption of Community Renewal Plan. The Auburn Downtown Plan, together with the "Community Renewal Area Financial Plan" and the "Downtown Project Area Residential Displacement Plan" attached at Exhibit "B", are approved and adopted as the community renewal plan for the downtown area shown on Exhibit "A" (the "Community Renewal Plan"). The City Council finds that: (i) a feasible plan exists for making available adequate housing for the residents of that area who may be displaced by the community renewal project undertaken pursuant to the Community Renewal Plan; (ii) the Community Renewal Plan conforms to the City's Comprehensive Plan; (iii) the Community Renewal Plan will afford maximum opportunity, consistent with the needs of the City, for the rehabilitation or redevelopment of the community renewal area by private enterprise; (iv) a sound and adequate financial program exists for the financing of the community renewal project undertaken pursuant to the Community ---------------------------- Ordinance No. 6049 Page 5 of 7 Renewal Plan; and (v) the community renewal project area described in Exhibit "A" is a blighted area as defined in RCW 35.81.015(2). Further, pursuant to RCW 35.81.050(2)(b), the City elects to have the powers of a community renewal agency exercised by the City Council directly, and pursuant to RCW 35.81.150, the powers described in RCW 35.81.150 shall be exercised by the City of Auburn Mayor's Office, all for the purposes of redressing the blight in the Auburn downtown community renewal area. Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. All actions previously taken in accordance with this ordinance are hereby ratified and confirmed. Section 8. Effective Date of Ordinance. This ordinance shall take, effect and be in force from and after its passage and five days following its publication as required by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS, MAYOR Ordinance No. 6049 Page 6 of 7 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: iel B. Heid,City Attorney PUBLISHED: Ordinance No. 6049 Page 7 of 7