Loading...
Upon recommendation of the Planning Director or the Director of the Department of Economic and Community Development, or upon Council's own initiative, Council may tentatively designate an area as a Community Development District and shall refer such designated area to the Plan Commission for study.
The Plan Commission thereupon shall recommend to Council that the area meets or does not meet the criteria for designation as a Community Development District either as a deteriorated area, blighted area, deteriorating area or inappropriately developed area. The Plan Commission may make such recommendation upon a finding that the area meets the requirements set forth in this chapter for a deteriorated area, or blighted area, or deteriorating area or inappropriately developed area.
Upon receiving the Plan Commission's recommendation Council may then designate the area as a Community Development District by adoption of a resolution finding that:
(a) The area meets the criteria established for a deteriorated area, blighted area, deteriorating area or inappropriately developed area;
(b) The rehabilitation, conservation, redevelopment or any combination thereof of such area or areas is necessary in the interest of public health, safety, morals or welfare of the residents of the City;
(c) Such area is appropriate for a community development project.
(Ord. 170-04. Passed 3-23-04.)
The Mayor shall cause detailed analyses to be made of the various deficiencies contributing to the development of an area as a deteriorated area, blighted area, deteriorating area or inappropriately developed area. He shall cause a community development plan to be prepared for the conservation, rehabilitation or redevelopment of such area. This community development plan may formulate the basis of a recommendation to Council that such area be designated as a Community Development District or such plan may be prepared in response to Council's tentative designation of such area as a Community Development District.
Each community development plan shall be reviewed and a recommendation made thereupon by the Plan Commission before submission to Council.
(Ord. 170-04. Passed 3-23-04.)
(a) Prior to Council action and prior to the report of the Plan Commission of a community development plan, the Plan Commission shall hold a public hearing which may be combined with any hearing otherwise provided for by the Plan Commission relative to such community development plan, at which an opportunity shall be provided to all persons interested to be heard either in person or by counsel. Notice of the 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, and such publication shall be commenced not less than ten days before the date set for the public hearing. The publication notice shall contain a description of the Community Development District by its location in relation to marks and shall state that maps and plats and other materials describing the community development plan are available for public inspection at a place to be designated in such notice. Such notice shall also identify the Plan Commission as the body holding the hearing, the City as the governmental agency proposed to undertake the project, the date, time and place for such hearing and state the purpose for the hearing including, where applicable, Federal participation planned, activities to be carried out and purposes of the project. Such notice shall also state that the City's relocation plan is available for examination and shall be open for discussion at the hearing.
(b) The public hearing before the Plan Commission may be adjourned from time to time without further public notice. After the public hearing, the Plan Commission shall forward, together with their recommendation on the plan, a resume of all matters discussed and issues raised at the public hearing for any further consideration of such matters and issues deemed necessary by Council.
(c) After the public hearings and report of the Plan Commission, Council shall either adopt, adopt with modification or reject the community development plan, provided that any modification not previously reviewed by the Plan Commission shall require resubmission to that body for review and report and, where involving a change of boundary or additional land acquisition shall require an additional public hearing. If Council adopts the community development plan in any form, it shall make the following findings:
(1) A viable method exists for the relocation of families who will be displaced from the community development area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;
(2) The Plan Commission has determined that the community development plan conforms to the Master Plan and the Consolidated Plan of the City of Toledo as a whole; and
(3) The community development plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the community development area by private enterprise.
(d) A community development plan may be modified at any time by resolution of Council after review and report from the Plan Commission, provided that if modified after the lease or sale by the City of real property in the community development, such modification shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest may be entitled to assert. Provided further that as to changes involving a change of boundary, a change in land to be acquired or where required by the Federal government in a Federally assisted project, a public hearing shall be held, and notice given as provided for in subsection (a) hereof.
(e) Notwithstanding designations on maps incorporated into the community development plan, changes in zoning, width of right-of-way, course or alignment of right-of-way and street vacations may be made administratively without an amendment of the plan itself as long as such changes do not change project boundaries or materially affect plan objectives, land use designations and restrictions, land acquisition areas (except as to minor variances resulting from such change), rehabilitation standards, redevelopers' obligations, cooperation agreements or similar undertakings by which the City is providing local grant-in-aid credit in Federally assigned projects, or create a variance as to designation as nonaccess, limited access and free access thoroughfares, create a variance as to designation as primary or secondary thoroughfares or materially reduce housing sites or constitute a zoning change which is inconsistent with the designated land use as set forth in the plan. Nothing in this section shall be construed to eliminate the need for Council action ordinarily required under the Charter or Municipal Code with respect to achieving or implementing such changes.
(Ord. 170-04. Passed 3-23-04.)
After the adoption of the Community Development Plan by Council, the Mayor, through the Director of the Department of Economic and Community Development, shall proceed to carry out the project operations in accordance with such plan.
(Ord. 170-04. Passed 3-23-04.)
The City shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including but not limited to the following powers in addition to others herein granted and otherwise granted by law:
(a) To undertake and carry out urban renewal project, under either an initial urban renewal plan, urban renewal plan or neighborhood development plan within the City, and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter; and to disseminate slum clearance and urban renewal information.
(b) To provide or to arrange or contract for the furnishings or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with an urban renewal project; to install, construct and reconstruct streets, utilities, parks, playgrounds and other public improvements; and to agree to any conditions that it may deem reasonable and appropriate, attached to Federal financial assistance and imposed pursuant to a Federal contract relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project, and to include in any contract let in connection with such project, provisions to fulfill those of such conditions as it may deem reasonable and appropriate.
(c) To enter upon any building or property in any urban renewal area in order to make surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property, together with any improvements thereon; to hold, improve, clear or prepare for redevelopment any such property; to mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the City against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter.
(d) To invest any urban renewal project funds held in reserves or sinking funds or any such funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redeem such bonds as have been issued pursuant to Section 1201.23 at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled.
(e) To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the Federal Government, the State, county or other public body, or from any sources, public or private, for the purposes of this chapter, and to give such security as may be required and to enter into and carry out contracts in connection therewith. The City may include in any contract for financial assistance with the Federal Government for an urban renewal project such conditions imposed pursuant to Federal laws as the City may deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter.
(f) To make or participate in the making of all plans necessary to the carrying out of the purposes of this chapter and to contract with any person, public or private, in making and carrying out such plans. Such plans may include, without limitation:
(1) A Master Plan for the locality as a whole as prepared under the direction of the Plan Commission;
(2) The Consolidated Plan prepared under the direction of the Department of Economic and Community Development;
(3) Initial urban renewal plan;
(4) Urban renewal plans;
(5) Neighborhood development plans;
(6) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;
(7) Plans for the enforcement of State and local laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition or removal of buildings and improvements; and
(8) Appraisals, title searches, surveys, studies and other preliminary plans and work necessary to prepare for the undertaking of urban renewal projects. The City is authorized to develop, test and report methods of techniques, and carry out demonstrations and other activities, for urban blight and to apply for, accept and utilize grants of funds from the Federal Government for such purposes.
(g) To prepare plans and provide reasonable assistance for the relocation of families displaced from urban renewal areas.
(h) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this chapter; to close, vacate, plan or replan streets, roads, sidewalks, ways or other places; to plan or replan, zone or rezone any part of the City, respecting action to be taken by the City pursuant to any of the powers granted by this chapter.
The Mayor shall organize, coordinate and direct the administration of the provisions of this chapter as they apply to the City in order that the objectives of remedying slum and blighted areas and preventing the causes thereof within the City may be most effectively promoted and achieved, and shall recommend establishment of such new office or offices of the City or reorganize existing offices in order to carry out such purposes most effectively.
(Ord. 170-04. Passed 3-23-04.)
(a) In an urban renewal district the City shall have the right to acquire by negotiation or condemnation any interest in real property, including a fee simple thereto, which it may deem necessary for or in connection with an urban renewal project under this chapter. The City may exercise the power of eminent domain in the manner provided in its Charter and acts amendatory thereof or supplementary thereto, or it may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provisions for the exercise or the power of eminent domain. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the State, or any political subdivision thereof, may be acquired without its consent, subject to the following. Should the owner of lands or buildings within the renewal district enter into an agreement with the City agreeable to the City and consistent with the objectives and purposes of the renewal plan within such reasonable time and conditioned upon such security as the City may require, which agreement shall have been first approved by the Director of the Department of Economic and Community Development agreeing to conform such lands and buildings and the use thereof to the renewal plan within the time set by the City then the City shall not appropriate such lands or buildings under the provisions of this chapter. The determinations by the City as to whether a private development by such owner is consistent with the objectives and purposes of the renewal plan or as to the necessity of acquisition for proper assemblage of land to carry out plan objectives of the renewal plan shall be conclusive.
(b) In any proceeding to fix or assess compensation for damages for the taking or damaging of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages in addition to evidence or testimony otherwise admissible:
(1) Any use, condition, occupancy or operation of such property, which is unlawful or violative of, or subject to elimination, abatement, prohibition or correction under, any law or any ordinance or regulatory measure of the State, County, municipality, other political subdivision or any agency thereof, in which such property is located, as being unsafe, substandard, insanitary or otherwise contrary to the public health, safety or welfare;
(2) The effect on the value of such property of any such use, condition, occupancy or operation, or of the elimination, abatement, prohibition or correction of any such use, condition, occupancy or operation.
(c) The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation. Testimony or evidence that any public body or public officer charged with the duty or authority to do so has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation, shall be admissible and shall be prima-facie evidence of the existence and character of such use, condition, occupancy or operation.
(Ord. 170-04. Passed 3-23-04.)
Loading...