(A) Council, before approving a general neighborhood renewal plan or an urban renewal or urban redevelopment plan, shall hold a public hearing on the plan at which time an opportunity shall be provided to all persons interested to be heard either in person or by counsel, which hearing may be adjourned from time to time. Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the city once a week for two consecutive weeks on the same day of the week and at least seven full days shall elapse between the second publication and the date set for the public hearing. Such notice shall also contain a description of the project area by its location in relation to highways, streets, watercourses or other natural or artificial boundaries, and shall also designate the place at which the plan, maps, plats and other materials describing the project area are available for public inspection.
(B) (1) Following the completion of such public hearing, Council may either approve or reject the general neighborhood renewal plan or the urban renewal or urban redevelopment plan or make modifications and approve such plan as modified, with the following exceptions:
(a) If the boundaries of the project area are extended to include any land (except land contained within the right-of-way lines of a dedicated street or alley) not included in the urban renewal or urban redevelopment plan upon which the public hearing was held, pursuant to division (A) above;
(b) If there is added a type of urban renewal or redevelopment activity not included in the urban renewal or urban redevelopment plan upon which such public hearing was held, which requires the acquisition of property; or
(c) If there is any change in land use or redevelopment restrictions contained in the urban renewal or urban redevelopment plan upon which such public hearing was held.
(2) If any or all of such exceptions exist, then a public hearing shall be held on such urban renewal or urban redevelopment plan as modified, prior to the approval thereof by Council, in accordance with the provisions of division (A) above.
(3) If such modifications are other than in accordance with the recommendations of the Planning Commission, such general neighborhood renewal plan or urban renewal plan or urban redevelopment plan, as modified, shall be resubmitted to the Commission for its written approval or recommendations pursuant to the provisions of § 252.08 of this chapter.
(C) When Council wishes to approve a general neighborhood renewal plan or an urban renewal or redevelopment plan, it shall do so by ordinance passed by not less than a majority vote, after reading in full on three separate days or under suspension of rules; provided, however, if such plan has not been approved by the Commission, or if there were any partial disapprovals by or adverse recommendations of the Commission under § 6.01 of the City Charter, not accepted by Council by its modifications of the plan in accordance therewith, then an affirmative vote of two-thirds of the members of Council shall be required to pass such ordinance and, to the extent that such disapproval involves the construction of an improvement or utility within the meaning of § 6.01 of the City Charter, the concurrence of the head of the department or departments having control of the construction of such proposed improvement or utility shall also be necessary.
(D) The ordinance of Council approving a general neighborhood renewal plan should contain a finding that such plan conforms to the general plan and to the workable program of the city and such other findings as may be necessary or desirable, but need not contain those findings set forth in division (E) below for approval of urban renewal or redevelopment plans. Such approval of a general neighborhood renewal plan may be made before or at the same time as the approval of an urban renewal or redevelopment plan for a project within the general neighborhood renewal area.
(E) The ordinance of Council approving an urban renewal or redevelopment plan shall include the following findings:
(1) Specific finding of fact as to the conditions in the project area which make it a slum, blighted, deteriorated or deteriorating area, and findings that the project area is a slum, blighted, deteriorated or deteriorating area;
(2) That the size and character of the area and the location of elements of slum, blight and deterioration in the area make it appropriate for urban renewal activities;
(3) That the proposals for the proper relocation of individuals and families displaced in carrying out the project, in decent, safe and sanitary dwellings in conformity with acceptable standards, are feasible and can be reasonably effected in sufficient time to permit the proper prosecution and completion of the project; that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of displaced individuals and families; that they are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the project area; that they are available at rents or prices within the financial means of the displaced individuals and families; and that they are reasonably accessible to their places of employment;
(4) That if Federal aid is needed, such financial aid to be provided by the federal government under its contract is necessary to enable the project to be undertaken in accordance with the plan;
(5) That the plan for the project area will afford maximum opportunity consistent with the sound needs of the community as a whole for the rehabilitation or redevelopment of the project area by private enterprise;
(6) That the plan conforms to the existing general or master plan for the overall development of the city as prepared by the Commission pursuant to § 6.01 of the City Charter;
(7) That the plan gives due consideration to the provision of such adequate park and recreational areas and facilities as may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan;
(8) That if there is included in the plan any provision permitting the new construction of hotels, motels or other housing for transient use, the city has caused to be made a competent independent analysis of the local supply of transient housing and, as a result thereof, determines that there exists in the project area a need for additional units of such housing;
(9) That if the project area is not predominantly residential in character and is not to be redeveloped for predominantly residential use, the redevelopment of the project area for predominantly non-residential uses is necessary for the proper development of the community;
(10) That where an open space land program is involved, the land and the interests in land to be acquired are for the purpose of preserving such area as open space land and are necessary to orderly long range development, to curb urban sprawl and the spread of urban blight and deterioration, to encourage more economical and desirable urban development and to provide areas for parks, playgrounds, parkways, conservation areas and watersheds, and to preserve natural resources, and that the area to be so acquired is of a size and character appropriate for such purposes;
(11) That if federal aid is involved and clearing is the sole treatment proposed, the objectives of the urban renewal plan cannot be achieved through rehabilitation of the urban renewal area;
(12) That if federal aid is involved and both clearance and rehabilitation treatment are proposed, the objectives of the urban renewal plan cannot be achieved through more extensive rehabilitation of the urban renewal area;
(13) That if federal aid is involved, the United States of America and the Secretary of the Department of Housing and Urban Development are hereby assured of full compliance by the city with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, being Pub. L. No. 88-352, and relevant portions of any subsequent civil rights acts; and
(14) That where an educational institution or a hospital is located in or near the project area and it is desired to utilize § 112 of the Housing Act of 1949, being 42 U.S.C. §§§ 1450 et seq., as amended, in addition to the elimination of slums and blight from such area, the undertaking of an urban renewal or urban redevelopment project in such area will further promote the public welfare and the proper development of the community by making land in such area available for disposition, for uses in accordance with the urban renewal or urban redevelopment plan, to such educational institution or hospital for redevelopment in accordance with the uses specified in the urban renewal or urban redevelopment plan, by providing, through the redevelopment of the area in accordance with the urban renewal or urban redevelopment plan, a cohesive neighborhood environment compatible with the functions and needs of such educational institution or hospitals, or by any combination of the foregoing.
(F) Any documents which were submitted to Council to support findings in the ordinance provided for in division (E) above should be filed by the Clerk of Council with a copy of the ordinance.
(G) The taking effect of the ordinance approving an urban renewal or redevelopment plan shall constitute authority to spend moneys of the city appropriated for carrying out urban renewal or redevelopment activities in accordance with the plan, as well as the proceeds of bonds or notes issued for such purpose, and to accept advances, gifts, donations and grants from the federal government, the state, any entity, instrumentality or subdivision of either, or from any other entity or person for such purpose.
(Prior Code, § 252.09) (Ord. 242-1967, passed 11-27-1967)