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HomeMy WebLinkAbout2005-04 Ordinance 2005-04 Ordinance Adopting Virginia Department of Housing and Community Development Contract Adopted: January 4, 2005 . Effective: January 4, 2005 • Ordinance 2005-04 Adopting Virginia Department of Housing and Community Development Contract WHEREAS, The Town of Pulaski has applied for and received a Community Development Block Grant from the Department of Housing and Urban Development and the Town Council has by previous action, authorized same and Town Council has recognized that citizens of the Town of Pulaski have agreed to participate and invest their money in said program; and WHEREAS, the Town Council of the Town of Pulaski has determined that it is consistent with the safety and general welfare of its citizens to adopt the attached agreement entitled "Agreement" by and between the Town of Pulaski and the Department of Housing and Urban Development; and NOW THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 4th day of January, 2005 that the attached agreement is herby adopted and its proper execution authorized. This ordinance is adopted and is effective upon adoption the 4th day of January, 2005 by recorded vote as follows: Jeffrey S. Worrell -Aye Dan Talbert, Jr. -Aye Bettye H. Steger -Aye ATTEST: Lane R. Penn -Aye John T. Bolen -Aye Joel B. Burchett, Jr. -Aye THE TOWN OF PULASKI, VIRGINIA BY: , arles L. ade, Mayor Patricia Cruise, Clerk of Council • RESOLUTION 2004-11 A RESOLUTIONAUTHORIZING THE PREPARATIONAND FILING OF AN APPLICATION FOR COMMUNITY IMPROVEMENT GRANT FUNDS THROUGH THE SMALL CITIES COMMUNITYDEVELOPMENT BLOCK GRANT PROGRAM OF THE COMMONWEALTH OF VIRGINIA WHEREAS, the Town of Pulaski has participated in the Small Cities Community Development Block Grant (CDBG) Program under the Virginia Department of Housing and Community Development's 2002 and 2003 Planning Grant program in undertaking a study for the revitalization of downtown Pulaski; and WHEREAS, the Town of Pulaski is eligible for and wishes to submit a 2004 CDBG application for Central Business District Revitalization in conjunction with Upper-Story Housing Rehabilitation/Adaptive Use for a total of $1,000,000 to the Virginia Department of Housing and Community Development (VDHCD) on or before March 31, 2004 for consideration during the 2004 funding round; and WHEREAS, the Town has identified and designated aredevelopment/conservation area characterized by slums and blight due to building, infrastructure, and site deterioration that have served as disincentives for private investment leading to unrealized commercial potential and underutilized buildings; and • WHEREAS, the Town conducted surveys of businesses and property owners/landlords, and town residents, conducted meetings with the general public, Greater Pulaski Alliance, Inc., Pulaski Redevelopment and Housing Authority, and local banks and completed a needs assessment whereby severe blight, non-conforming uses, street and storm drainage deficiencies, telecommunications infrastructure deficiencies, building facade deterioration, poor gateway entrances, limited public areas, insufficient public parking, street lighting and signage were identified as major concerns of property owners, businesses and other stakeholders; and WHEREAS, the Greater Pulaski Alliance, Inc. comprised of local merchants and property owners has committed to executing a "Main Street" approach for downtown economic restructuring, design, promotion, and organization. WHEREAS, a physical and economic revitalization program has been prepared including a Preliminary Engineering Report (PER) and Downtown Streetscape Plan presenting all required infrastructure improvements, a Market Study assessing the areas strengths and weaknesses and identifying community priorities, an approved Storefront Improvement Program Design, and an approved Upper-Floor Adaptive Reuse/Housing Rehabilitation Program Design; and WHEREAS, the Town has approved said Adaptive Reuse/Housing Rehab Program Design and intends to provide financial assistance for the rehabilitation of existing downtown apartments and the development or improvement of underutilized upper-floor space of • commercial buildings in order to provide new affordable housing units for LMI persons; and WHEREAS, five (5) investor-owners have committed to participation in the development of said housing rehab/adaptive reuse of 25 apartments, of which ten (10) are currently occupied; said investor-owners will participate in improvement costs under program matching requirements; and all units will be targeted exclusively for LMI persons; and WHEREAS, the implementation of said upper-story housing will benefit an estimated 38 residents, of which 38 (100%) will be targeted for low- and moderate income persons; and WHEREAS, the Town is willing to undertake blight removal in accordance with Title 36-49, Code of Virginia and in cooperation with the Pulaski Redevelopment and Housing Authority will adopt a Redevelopment Plan for the downtown redevelopment area that meets eligibility requirements under Title 36 of the Code of Virginia; and WHEREAS, the Pulaski Redevelopment and Housing Authority has agreed to assist with the implementation of redevelopment activities for the designated redevelopment area; and WHEREAS, any acquired and cleared properties under said redevelopment will be targeted for public/private reuse by the Town and the Authority to improve the economic vitality of downtown Pulaski; and WHEREAS, Eleven (11) project area property owners have expended $120,000 since July 1, 2003, for property improvements, and sixteen (16) property owners have submitted • signed Letters of Intent for $602,500 in building rehabilitation, facade and entrance improvements utilizing the Storefront Improvement Program and; WHEREAS, the Town will commit capital funds of $369,824 for storm drainage lines, drain inlets, streetscape, fire suppression, building stabilization an facade improvements, and telecommunications infrastructure improvements including engineering design and inspection to serve the project area; and WHEREAS, the Town will provide annual assistance in cooperation with the Greater Pulaski Alliance, Inc., a downtown organization, to remove excessive underbrush, debris and trash through the provision of personnel and equipment valued at $2,500; and WHEREAS, the Town will commit $252,055 in program income from Community Improvement Grant #86-13 thereby providing needed funding for the proposed upper-floor housing rehabilitation and apartment production in the downtown; and WHEREAS, the Town of Pulaski properly advertised and conducted public hearings on January 12, 2004 and March 22, 2004 which addressed the CDBG program and the CDBG project application, thereby meeting citizen participation requirements; and WHEREAS, property owners, merchants, residents, the Pulaski RHA and the Greater Pulaski Alliance Inc. have requested the Town to proceed post haste with its comprehensive • efforts to resolve all the problems in downtown Pulaski and secure necessary funds to carry out the Downtown Redevelopment and Revitalization Project. 2 • • • NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA that; the Town of Pulaski hereby wishes to apply for a FY2004 CDBG Community Improvement Grant in the amount of $1,000,000 for the Downtown Pulaski Revitalization Project for the purpose of undertaking physical and economic blight removal, economic enhancement, and the development of new and rehabilitated affordable upper-floor housing, said CDBG funds to be used in conjunction with $621,879 in Town funds and $1,727,900 in non-CDBG funds for a total project cost of $3,349,779; and FURTHERMORE, the Pulaski Town Council hereby authorizes and directs the Town Manager to file the application, forms, assurances and other necessary documents as required by this program on or before March 31, 2004, to the Virginia Department of Housing and Community Development. The Resolution is effective immediately upon its passage, this 22"a day of March, 2004 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows Bettye H. Steger John T. Bolen Pauline G. Mitchell Jeffrey S. Worrell - Aye Kenneth M. Fleenor -Aye - Aye James M. Neblett, Jr. -Absent - Aye E. G. Black, Jr. -Aye - Aye Town of Pulaski, Virginia By: Attested: Patricia Cruise, Clerk of Council Charles W. Stewart, Jr., Mayor 3 TOWN OF PULASHI, VIRGINIA ORDINANCE 2004-07 :7 AN ORDINANCE ADOPTING THE PULASKI DOWNTOWN REDEVELOPMENT PLAN WHEREAS, The Town Council of the Town of Pulaski, Virginia has considered the benefits to be derived from positive redevelopment and blight eradication within the Town of Pulaski; and WHEREAS, the Redevelopment Housing Authority in the Town of Pulaski has statutory authority from the Virginia Legislature to act within the boundaries of said legislative authority to take action against blight eradication and encourage redevelopment consistent with the adoption by this body of the attached Pulaski Downtown Redevelopment and Conservation Plan and it further being consistent with the common good and general welfare of the public; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia in special session does hereby approve and adopt the Pulaski Downtown Redevelopment Plan attached hereto and expressly made a part hereof. This ordinance is effective upon adoption and is hereby adopted this 22°d day of March, 2004 and is adopted by the duly recorded vote of the Town Council of the Town of Pulaski, as follows: Bettye H. Steger - Kenneth M. Fleenor - John T. Bolen - James M. Neblett, Jr. - Pauline G. Mitchell - E. G. Black, Jr. - Jeffrey S. Worrell - Town of Pulaski, Virginia ATTESTED: By: Charles W. Stewart, Jr., Mayor ~~ ~ `~` ~~ ., ~ ~Q ~ ~~ • Patricia Cruise, Clerk of Council In witness whereof, the parties hereto have executed or caused to be executed by their duly authorized official this AGREEMENT in duplicate, each copy of which will be deemed an original. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HO SING AND COMMUNITY DEVELOPMENT / ~ (,~ BY~ ~ DATE: !~ ~ l Deputy Director City of Richmond, Commonwealth of Virginia. I do certify that M. Shea Hollifield personally appeared before me and made oath that she is Deputy Director of the Department of Housing and Community Development and that she is duly authorized to execute the foregoing document. My commission expires J~y 3~, ~p© (o Given under my hand this ~ n `~ day of e ) , 200 Notary Public • GRANTEE BY: ~ DATE: / -- ~ - D~ Mayor Town of Pulaski, Commonwealth of Virginia I do certify that ~.~ (~t (2,.~~ S ~- • ~ ct ~~= personally appeared before me • and made th that he/she is 1(Y1 ~ ~(L, of the ~,.3 ~ ~~ s ~ and that he/she is duly authorized to execute the foregoing document. My commission expires ~,3 ~ ` p Given under my hand this ~_ day of.~ ~I~-, 200 `~ fi..~l~,~c a»c,- f li~.t..-.~.R.. Notary Public • 4 03-02/REV09-03 1tHA, Final Draft, March 2, 2004 PULASKI DOWNTOWN REDEVELOPMENT AND CONSERVATION PLAN n U PULASKI, VIRGINIA The Redevelopment and Conservation Plan for Downtown Pulaski constitutes the community development plan for such area. The Plan consists of 12 pages and 2 maps for the Dowrnown Pulaski Area. • • • TABLE OF CONTENTS A. DESCRII~TION OF THE CONSERVATION AREA p. 3 B. CONSERVATION/REDEVELOPMENT GOALS p. 4 C. GENERAL LAND USE PLAN p. 5 D. CONSERVATION TECI-IrTIQUES TO BE USED TO ACHIEVE p. 7 PLAN OBJECTIVES E. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL p. 9 LAW F. PROCEDURES FOR CHANGES IN APPROVED PLAN p. 12 INTRODUCTION • Much of the area built north of Peak Creek in Downtown Pulaski dates from the late 1890's until the 1920's. Many Downtown buildings are thus a repository of late Victorian commercial architecture and their preservation and conservation important elements in maintaining continuity between past and present. Downtown Pulaski, historically, has been of great importance to the town, county and New River Valley region. Blight, deterioration, dilapidation and obsolescence, however, are threats to the continued stability and vitality of the area. The Town of Pulaski, therefore, has recognized the need for concerted, coordinated public-private actions to preserve this area as the business, governmental, institutional, and cultural heart of the region and as a focal point for community pride and achievement. Consequently, the Town is initiating a comprehensive program of rehabilitation and revitalization in the downtown area, of which this conservation plan is an integral part. This plan provides a broad framework for the further conservation and redevelopment of the downtown area through the establishment of: ^ Project boundaries ^ Basic development and improvement goals ^ A general land-use plan ^ A range of actions which may be taken to implement the plan ^ A procedure and program for plan implementation The preparation of this plan is a first and key step in the improvement and revitalization process. Drawn to meet the requirements of Chapter 1, Article 7, Title 36 of the Code of Virginia, the plan provides the basis for initiation and coordination of a variety of public and private actions which should lead to substantial improvement and produce an attractive, vital area that will be of major benefit to the Town of Pulaski and the region for years to come. A, DESCRIPTION OF THE REDEVELOPMENT DISTRICTS AND CONSERVATION AREA The boundaries of the Downtown Conservation Area, the Southeast Crescent Redevelopment District, and the West Loop Redevelopment District are delineated on the Boundary and Acquisition Map, Town of Pulaski, Virginia, December 2003, and are further described as follows: The Downtown Conservation Area includes the south side of West Main Street between the alleyways from the former Crisis Pregnancy Center to the Fine Arts Curter. The Area also includes the former American Electric Building, the Jackson Building, the Pulaski Theater, and the Elks Building on the north side of West Main Street. The former Southwest Times Building on the west side of N. Washington Avenue and the Edmonds Building on Third Street are also included in the Downtown Conservation Area. The Southeast Crescent Redevelopment District includes asemi-circle area from the Dalton Building on the east side of N. Washington Avenue encompassing the industrial buildings on the south side of First Street, NE, the two remaining former General Chemical buildings, the John Nash building, and the building destroyed by fire on Christmas Day 2002 (corner of Fast Main and Madison Avenue). The legal descriptions of the two areas described above as are follows: 072-051-B021- 1, 2, 2a, 2b, 3, 4, 4a, 4b, 5, 6, 6a, 6b, 7, 8, 9, l0, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 42, 45, and 47. 072-051-B031- 1.2. 2a. 3.4. 5, 6, 7. 8, 9, 10, 11, l la, l lb_ 12. 12a t ~ ~ ~a ~ a ' ~ "° ' ` " The West Loop Redevelopment District encompasses the Douthat, Alfred Belle, and Hedgerow Apartrnerrts and continues along the west side of N. Jefferson Avenue crossing West Main Street to include the four corners of West Main and Randolph Avenue. The legal descriptions are as follows: 072-051-B023-2b, 28; 072-051-B022-2, 4, and 6a; 072-032-B002-1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 63, 64, 65, 66, 6?, 68, and 69. 072-32-B001-1, 3, 5, 7, 9, 21, 23, 25, 27, 29, and 31. B. CONSERVATION/REDEVELOPMENT GOALS Problems and needs of Downtown Pulaski were identified in the 2003 Downtown Community Development Study by K.W. Poore and Associates, Inc. prepared in cooperation with the Pulaski Redevelopment and Housing Authority (RHA) and the Town of Pulaski, Virginia.. The Town and the RHA, with assistance from the Greater Pulaski Alliance, Hill Studio, PC, K. W. Poore & Associates, Inc. Anderson 8t Associates, Inc. and the Project Management Team, identified a portion of the downtown area as a high priority for conservation efforts under Title 36 of the Code of Virginia. due to slums and blight conditions including deteriorated and dilapidated commercial structures, poor drainage, inadequate sidewalks, incompatible uses, and an accumulation of debris and overgrown vacant lots. The goals for the redevelopment districts and conservation area are general in nature and establish the guidelines for more specific objectives addressing commercial development, public infrastructure improvements, and land use as identified in the Downown Community Development Study. Set forth below are the goals formulated for the Downtown Conservation Project Area. These shall serve as a basis for the accompanying regulations and controls placed on the land within conservation area and redevelopment districts. Eliminate substandard buildings, blighting influences, and environmental deficiencies through acquisition, clearance, redevelopment, rehabilitation, and needed capital improvements. 2. Provide required financial and technical assistance for businesses and owners to preserve existing commercial structures "Suitable for Rehabilitation." 3. Provide additional opportunities free of potential flooding for retail businesses, professional services and upper-story housing in an attractive setting with adequate access, off-street parking, and loading. 4. Provide for landscaping and lighting of public open spaces, parking areas, streets, and alleys to serve as an amenity for existing and future buildings in the area. Require a high standard for architectural building design and site development for all public and private improvements. 6. Enhance the appearance and identity of the area through public improvements and the acquisition and clearance of substandard properties. 7. Provide adequate public facilities and improvements as necessary to meet needs of existing uses and stimulate private investment in the area for new commercial development. 8. Provide appropriately located sites of adequate size for public facilities and infrastructure, public use areas, and recreation. 9. ConstrtrctJinstall sidewalks and drainage structures_ street trees anr) ral,+s„e +,. 12. Provide financial assistance through relocation benefits to displaced business uses and occupants of substandard housing. Assist tenants in • obtaining decent, safe, and sanitary housing in an improved living environment. 13. Support other Federal and State programs being undertaken in the downtown and coordinate such actions with proposed activities to minimize any adverse impact of other government actions. The above goals shall be achieved through the acquisition of real property and clearance of substandard structures as identified on the Boundary and Acquisition Map, December 2003, and shall include street, drainage, and public space improvements; the rehabilitation of blighted commercial structures; and the disposition of cleared property for public uses. C. GENERAL LAND USE PLAN The Land Use Map, 10/1996, sets forth: a. The proposed land use by standard classification for which land use provisions and density regulations are ideirtif~ed hereinafter. b. The location of all land proposed for public reuse and development and the Land proposed for private reuse and development. 2. Land Use Provisions and Density Regulations The following sub-sections: a. General Regulations, b. Residential Area Regulations, c. Commercial Area Regulations, d. Public Area Regulations shall apply to the land use areas identified on the Land Use Map and shall be incorporated as covenants in appropriate property disposition documents by reference to a written declaration thereof recorded simultaneously with the new plans of the Pulaski Downtown Redevelopment Districts and Conservation Area. These covenants are to run with the land and shall be binding on all parties and persons malting claims under them for the period of time Redevelopment and Conservation Plans are in effect. The permitted use of disposal parcels and other parcels improved by the Authority shall be limited to uses specified for the area in which each parcel is located, and fiuther subject to other regulations specified herein. a. General Provisions and Regulations The redeveloper shall use Land within the Redevelopment Districts and Conservation Area only for those uses and within the range of development densities specified in this Plan. 1) Landscape Treatment -All open areas, public and private, including parking areas, shall be landscaped with plantings, walks, grass, trees, or similar features. A plan for the landscaped areas shall be submitted to the Pulaski Redevelopment and Housing Authority to determine its adequacy. 2) Property Maintenance -All property within the Redevelopment Districts and Conservation Project Area shall be maintained so as to ensure a state of good • repair. Buildings shall be maintained to local building codes, free of fire hazards and kept secured. All finished surfaces shall be maintained to prevent flaking, peeling, blistering, and excess weathering. No abandoned vehicles shall be permitted to remain on any real property, public or private. Vacant lots shall be kept free of debris and trash, excessive weeds and overgrown vegetation and dilapidated out-buildings. 5) Lighting Requirements -Outdoor lighting when provided as accessory to any use or when used to illuminate any sign shall be located, directed or shielded so as not to shine directly on adjoining properties or to create a traffic hazard by means of glare or similarity to, or confusion with traffic signals, warning lights or lighting on emergency vehicles. Lighting within parking areas shall be compatible with decorative street lighting provided along public rights-of--way. 6) Signage Requirements -Signs should be used in a way to complement the elements of the downtown conservation area. Signs should be placed so that they do not obstruct the architectural elements and details of the building. 7) Off-Street Parking and Loading Regulations -Off-street parking and loading space, size, axed number required shall be determined at the time of review of development and rehabilitation proposals and shall not be less than those required by regulations of the Town of Pulaski, as applicable. Parking and loading areas, where practicable, shall be located at the side or rear of buildings and not in from yards and include appropriate lighting, landscaping, curbing and drainage structure to accommodate surface runoff. 8) Reservation of the Right of Review -The Pulaski Redevelopment and Housing Authority, serving as lead political entity, reserves the right to review and approve all detailed plans and specifications, including signs with respect to their conformance with the provisions of the Conservation Plan and such design controls as may be promulgated and made a part of the disposition procedures by said Authority or the Town, as applicable. Preliminary sketch drawings of site plan, access, parking, loading, landscape treatment and improvements shall be submitted to the RHA for review and approval before conveyance of the development parcel to the developer. 9) Standards and Procedures for Evaluating Development Proposals -Proposals for the conservation and/or rehabilitation of specific parcels for any use shall be evaluated by the Authority and shall be based on approved downtown design guidelines for buildings, signage, appurtenances, and site improvements as adopted by Town Council in support of the Town's Commercial Historic District and local efforts to preserve local architectural integrity and other criteria includes the following: a) The degree to which the proposed development meets Redevelopment and Conservation Plan objectives. b) The quality of the specific site and building design and overall harmony of design within the downtown area.. c) Adequacy of open space, vehicular access, circulation and off-street parking and loading. d) Provision for the safety and convenience of pedestrians. e) Financial capability and responsibility of the developer. f} Time schedule for completion of development. • b. Residential Area Regulations 1. Multi-Family Development (Apartments) d) No air conditioning window units will be permitted. c. Commercial Area Regulations 1. Downtown Commercial Regulations a) Use Regulations -Land or buildings shall be used principally for retail trade and business, professional and personal services, and other permitted uses for commercial districts in the downrtown. The +commercial reuse of property shall serve the community's downtown objectives and be designed or maintained in accordance with these regulations in a manner that shall contribute to the vitality and integrity of the commercial district. b) Building Location Regulations -Setbacks of each building from property lines of a specific lot or parcel shall be determined at the time of review of development proposals and shall not be Less restrictive than those required by Town regulations. c) Building Height Regulations -Buildings may be erected up to thirty-five (35) feet in height from grade, except that: No accessory building which is within twenty (20) feet of any party lot line shall be more than one (1) story high. All accessory buildings shall be less than the main building in height. d) Lighting Regulations -Lighting of property shall not cause visual glare towazd adjoining property or motor vehicle operators. Lamp standards shall not exceed 15 feet, except for parking lot Lighting and shall not visually expose the lamps to any residential area. • e) Landscaping -Use of natural vegetation and trees shall be required to buffer general commercial uses, particularly auto-related uses, from adjacent uses and to improve appearances of the parcel from the roadway. f) Sign Regulations -Signs shall be displayed in accordance with the Town of Pulaski Zoning Ordinance. d. Public Area Regulations 1. Use Regulations - No land or building shall be used except for public utilities, educational, library, health, recreation, government offices, post offices, or uses clearly incidental thereto and which will not create or become a nuisance or hazard. 2. Height Regulations -Buildings shall be determined at the time of review of development proposals and shall not be less restrictive than those required by Town regulations. e. Time Regulations Are in Effect The above regulations and land use provisions, including any amendments thereto, shall be in full force and effect until 2020. f. Applicability of Regulations The provisions and requirements set forth herein are to apply to ail real property within the Pulaski Downtown Redevelopment Districts and Conservation Area boundaries acquired by the Town of Pulaski and the Pulaski Redevelopmem and Housing Authority and the improvements to said property are financed in whole or part by these entities. Acquired property sold for redevelopment shall comply with the land use provisions and property maintenance controls specified under the Redevelopment and Conservation Plan Lich reuniatinns and land use nmvisinn~ ~~~» L_ -- "' may require the acquisition and clearance of real property, relocation of residential households and business, the development of new housing and commercial development, and street and drainage improvements. All property to be acquired is identified on the Boundary and Acquisition Map, dated December 2003. All remaining properties are considered suitable for rehabilitation. 1. Acquisition/Relocation and Clearance of Real Property All real property identified for acquisition is scheduled to be acquired by purchase, donation, the power of eminent domain (within the limitation of Section 36-50 and 36.50.1, Code of Virginia, 1950 as amended) or otherwise. Acquisition will be administered by the Pulaski Redevelopment and Housing Authority in compliance with state law and applicable sections of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Real property within the Downtown Conservation Area shall be acquired and cleared for the following purposes: a. To remove substandard conditions and blighting influences. Within the total area, 65% of the land is blighted or deteriorated by reason of dilapidation and significant environmental deficiencies. The layout of the area and the nature of the environmental deficiencies are such that elimination of these deficiencies is possible only by acquisitionlclearance of certain parcels and the redesign and improvement of the entire area. b. To remove blighting influences. The economic decline of the area is lazgely attributed to pervasive problems associated with non-conforming uses such that the improvement of downtown is only possible with their removal aid the redesign and • reshaping of the area. c. To provide land for public use and recreation. The public use areas will provide sites for off-street parking, downtown plaza, pedestrian walks, improved streets and alleys, and community park space. d. To provide for standard housing resources. The plan will provide land far possible courtyard development or rehabilitation of upper floors of commercial buildings for continued or new residential use, and the relocation of tenants from dilapidated residential structures to decent, safe, and sanitary dwellings of their choice under the provisions of the Uniform Act. Relocation counseling assistance and payments to current residents to be displaced will be initiated immediately following property acquisition. 2. Rehabilitation All real property identified as deteriorating and creating a blighting influence within the Redevelopment Districts and Conservation Area is targeted for rehabilitation. Encouragement and financial and technical assistance is available by the Town of Pulaski directed toward the prevention and elimination of blight. a. Downtown Storefront Improvement Program and Rehabilitation Loan Assistance Program -Storefront improvement loans and grants are available to eligible property owners within the area to improve the facades and various exterior features of • commercial buildings. Alow-interest loan program is available through local lending institutions to provide for interior improvements and equipment. b. Properties in violation of the standards of design, maurtenance and use as set out in the Conservation Plan Section C shall be required to comply with such standards within one year after a written notice requesting the property be brnnvh+ ;~+~ ~..----„ 4. Redeveloper's Obligations . a. The redeveloper will be subject to the following conditions, which shall be implemented by appropriate covenants running with the land or other provisions in disposition instruments or loan documents. b. The redeveloper shall begin and complete the developmern or rehabilitation of property within the time specified in the disposition instruments or rehabilitation loan documents. c. The redevelaper shall retain all interest acquired in the property until the completion of improvemens, construction, and development of the property pursuant to the Downtown Redevelopment and Conservation Plan. The redeveloper shall not sell, lease or transfer the interest acquired or any part thereof prior to such completion of improvements, construction, and developmern. E. OTI~R PROVISIONS NECESSARY TO MEET STATE AND LOCAL LAW The Redevelopment and Conservation Plan is based on the following conditions pursuant to provisions of Virginia. law and regulations of the Town of Pulaski and Pulaski County. 1. The Downtown Redevelopment Districts and Conservation Area are substandard by reason of dilapidation, obsolescence, deterioration of structures, excessive land coverage and other conditions detrimental to public health, safety, morals or welfare of the citizens of Pulaski. In addition, the area suffers from inadequate original design layout that has contributed to its overall deterioration by inhibiting development, economic growth, and improvements necessary to meet the requirements of present day life. Z. The Downtown Redevelopment Districts and Conservation Area are appropriate for clearauce, redevelopment and rehabilitation treatment due to the necessity to remove, prevent and reduce existing blight, blighting influences and other causes of blight. 3. The proposed land uses within the Redevelopment Districts and Conservation Area are in conformance with the Town of Pulaski Comprehensive Plan. 4. The Redevelopment and Conservation Plan indicates to the maximum extent possible real property to be made available for redevelopmern and targeted for rehabilitation by private enterprise and public agency. 5. The Redevelopment and Conservation Plan clearly indicates the proposed land uses and building requirements in the Redevelopment Districts and Conservation Area. 6. An area is eligible for clearance and redevelopment under Virginia Statutes (Article 7, Section 36-49) when the area as a whole (interpreted to mean at least 51 percent of tine total area) is blighted and deteriorated and the remaining Property either suffers from factors causing blight or from conditions preventing property development. The Downtown Redevelopment and Conservation Plan provides for the realization of local objectives with respecx to the health, safety, morals and welfare of the Town, including: a. To remove, reduce or prevent blight or blighting factors. • The areas meet the Virginia eligibility requiremerns because 65% of the land found in the area is blighted or deteriorated by reason of dilapidation and significant environmental deficiencies (lack of ventilation, light, sanitary facilities, deleterious land use and fauhy arrangement or design) and is detrimental to public health, safety or welfare. The areas contain 182 parcels of which 118 (65% percent) are blighted by vire~e ~f dilanidation or environmental r9Pf,~:o..~:~.. "" c. To facilitate the developmem of land inhibited by diverse ownership. Property ownership is generally limited to small individual holdings. Diverse ownership has made it extremely difficult for private enterprise to assemble sufficient parcels for redevelopment and to overcome basic problems of blight and deterioration in the area. Many buildings have deteriorated to such levels that their condition and the cost of rehabilitation have discouraged reinvestment in real property throughout the area. d. To make land available for rehabilitation and sound, wholesome development by private enterprise in accordance with the Conservation Plan, consistent with: 1) Definite Local Objectives as to: a) Appropriate Land Uses The Redevelopment and Conservation Plan is in accord with or more restrictive than the latest approved Land Use Plan. b) Improved Streets and Internal Circulation Construction of new streets to community standards will enhance access to properties, promoting redevelopment. c) Community Facilities and Other Public hprovements Aesthetic and functional improvements will include such amenities as an entrance sign, street trees, landscaping, improved pedestrian access, street lighting, and cleanup of debris. Landscaping requirements for private redevelopment will improve the overall aesthetic character of area properties. d) Conditions and Limitations on Property Acquisition The power of eminent domain shall not be exercised except to ~~: (1) Properties designated for public use, (2) Properties to which voluntary conveyance cannot be achieved in the course of program execution because of the inability of the owners to convey marketable title, and (3) Properties in the designated Conservation Area that cannot be acquired by negotiation. 2. Proposed Land Uses for Acquired Property: Land uses proposed for property to be acquires are set forth in Section III of this Plan and shown on the Proposed Land Use Map. • 3. Conditions and Limitations, Including Time, Under Which Property Shall be Made Available At the time property is made available for redevelopmenrt or rehabilitation by public or private enterprise, the Pulaski Redevelopmern and Housing Authority shall stipulate in disnnc;t~~n ;,,o+.........._._ ., ~ - and environmental causes of blight, to provide for the public improvemerrts required to serve the project, and to prevent the recurrence of blighting conditions resulting from adverse environrental factors. 5. The Redevelopment and Conservation Plan indicates the method for: a) The relocation of persons living in the Redevelopment Districts and Conservation Area; and b) The provision of decent, safe, and sanitary dwellings in the locality substantially equal to the number of substandard dwellings to be cleared from the area, within the financial means of the income groups displaced from such substandard dwellings, as follows: 1) As soon as practical after the effective date of approval of the Redevelopment and Conservation Plan, each affected site occupant will be interviewed to obtain information on the amount of relocation assistance required. As each site occupant is taken into the relocation workload, he will be re-interviewed to update his relocation requireme~rts. 2) The Authority will maintain a current listing of available private rental units and houses for sale. Turnover in existing private dwellings will be sufficient to either permanently or temporarily rehouse all families and individuals to be displaced. 3) The Authority will consider a dwelling to be decent, safe, and sanitary when it meets the standards set forth below: (a) structural Conditions Structures must be in good repair and weather-tight with no leaking or excessive dampness. To ensure fire safety, every dwelling unit must have two separate means of egress; except that a nonhousekeeping unit for a relocated individual may have but one means of egress. (b) Saiu~t ,X, H~tin$ Coo>at~ and Lighting Facilities All dwelling units shall be free from rats and other vermin, and accumulation of refuse, garbage and debris. Every dwelling unit must contain properly functioning plumbing connected to an adequate sewage disposal system; a central heating plant or safe individual flue- connected heating facilities; an adequate and safe wiring system for lighting and other electrical services; a window opening directly to the outdoors in each habitable room; and an adequately ventilated toilet or bathroom and kitchen. Every dwelling must contain, for the exclusive use of the family, an inside lavatory and bathtub or • shower connected to hot and cold running water and a cooking stove or utility connection for such stove. All of these conditions shall apply to all persons displaced except those individuals who relocate to a non- housekeenino »~:+ +~ <_•~-=_L __ _ _ - sex of family members cause some exceptions. Depending on age, sex and health conditions of family members, suggested family size limits for certain sized dwellings are as follows: Number of Persons Number of Bedrooms Minimum Maximum 1 2 1 Bedroom 2 4 2 Bedrooms 4 6 3 Bedrooms 6 8 4 Bedrooms 10 5 Bedrooms Temporary relocation will be offered to Conservation Area occupants only when it is in the interest of the occupanrt and/or project execution. Such temporary relocation shall only be provided if permanent standard housing cannot be made available. Such temporary housing shall not be less desirable in character than the dwellings vacated by the occupants and shall be in a safe and habitable condition free from violation of local codes and ordinances applicable to existing dwelling units. Eviction from properties under management by the Authority will be used only as a last resort and shall be undertaken under the following circumstances only: • Failure to pay reirt. • Maintenance of a nuisance or use of the premises for illegal purposes. • Committing a material breach of the rental agreement. • Refusal to admit a member of the Relocation Staff. • Refusal to consider accommodations meeting relocation standards. • Involved in an activity requiring eviction under State or local law. 6. Limitation on Time in Which Program Activities Cau be Undertaken The execution period for this Redevelopment and Conservation Plan is established at no more than seven (7) years but shall be contingent upon the substantial completion of all rehabilitation and redevelopment activity and subsequent fiinding by the Town of Pulaski. F. PROCEDURES FOR CHANGES IN APPROVED PLAN The Redevelopment and Conservation Plan may be amended from time to time upon compliance with the requiremerrts of the law and outstanding covenant rights, provided that prior to the passage of any resolution amending the Redevelopment and Conservation Plan, the owner of any land in the Rc~lPVr:lnnmPr~t T)icfirirte and ('nneansafinn Araa r~rP.r:n„ol~. .~:..-.,.,.,.a _r w__ _,_ .. ' f I, Patricia Cruise, Clerk of Council, certify that the forgoing Ordinance 2005-04 Ordinance Adopting Virginia Department of Housing Community Deveploment Contract is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on January 4, 2005. TC/clordinance/certification 2005-04 ~(..c~,a.1- Patricia Cruise, Clerk of Council •