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Page 1 2010 CDBG Applicants’ Workshop Urban Redevelopment Plans Preparing an Urban Redevelopment Plan Step by Step

Page 1 2010 CDBG Applicants’ WorkshopUrban Redevelopment Plans Preparing an Urban Redevelopment Plan Step by Step

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Page 1: Page 1 2010 CDBG Applicants’ WorkshopUrban Redevelopment Plans Preparing an Urban Redevelopment Plan Step by Step

Page 12010 CDBG Applicants’ Workshop Urban Redevelopment Plans

Preparing an Urban Redevelopment PlanStep by Step

Page 2: Page 1 2010 CDBG Applicants’ WorkshopUrban Redevelopment Plans Preparing an Urban Redevelopment Plan Step by Step

Page 22010 CDBG Applicants’ Workshop Urban Redevelopment Plans

Why develop a URA plan?

• Provides cities and counties the power to rehabilitate, conserve or redevelop a blighted area

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Why develop a URA plan?

• Additional CDBG funding possibility through Revitalization Area Strategies

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CDBG Revitalization Area Strategies

• RAS designation allows municipalities to apply for CDBG every year

• Provides up to 20 points on CDBG annual competition

• Provides 5 points on CHIP annual competition and Set-aside (if available)

• Some $ may be available for planning

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Why develop a URA plan?

• Additional CDBG funding possibility through Revitalization Area Strategies

• Expanding access to job tax credits through Opportunity Zones

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Check the economic development section of our web site for the interactive map of qualifying (15% or greater poverty) census block groups.

www.dca.ga.gov

Enabling Economic Development

Development Tools

Opportunity Zones

Interactive Map of Potential OZ Areas

Are You Considering Are You Considering an Opportunity Zone?an Opportunity Zone?

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Opportunity Zones

• 15% or greater poverty level.

• Area is part of:

▪ An Enterprise Zone

OR▪ Where an Urban Redevelopment Plan (URP)

has been adopted.• Area displays pervasive poverty, underdevelopment,

general distress and blight.

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Opportunity Zones Job tax credits

• Any business may qualify.

• Must create 2 full-time jobs (35+hrs.) to qualify

• Tax credits are $3,500 per job

• Each net new job eligible to claim the credit for 5 years.

• Credit can be used against 100% of tax liability with excess available to claim against payroll withholding

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Who can Use the Urban Redevelopment Act?

• Cities• County• City and county jointly (through

intergovernmental agreement)

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What problems are you trying to address using the Urban Redevelopment Law (O.C.G.A. 36-61)?

What resources are you trying to access?

First Step in developing URP:First Step in developing URP:

Issue IdentificationIssue Identification

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Some possible goals of URP:

▪ Revitalizing deteriorating neighborhoods▪ Supporting nuisance ordinances to reduce

litter and crime

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• Dealing with Slums

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• Cleaning up nuisance propertiesCleaning up nuisance properties

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• Compatible infill development and affordable housing

• Defining architectural character

• Compatible infill development and affordable housing

• Defining architectural character

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Deteriorating intown neighborhoods and vacant properties

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• New town communities and planned unit development

• New town communities and planned unit development

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• Sidewalks and safer streets• Sidewalks and safer streets

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Humanized, accessible, green public spaces

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• More Possible Goals

▪ Attracting experienced developers and investors▪ Partnering on brownfield projects▪ Creatively financing public facilities and

infrastructure ▪ Enabling downtown projects beyond the normal

powers or district boundaries of a Downtown Development Authority

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More possible goals:▪ Dealing with badly sited or nuisance activities▪ Cleaning up environmental hazards

More possible goals:▪ Dealing with badly sited or nuisance activities▪ Cleaning up environmental hazards

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Possible goals:▪ Reusing obsolete facilities: old plants and schools

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More Possible Goals▪ Creating a mixed use, entertainment or other Creating a mixed use, entertainment or other

special character area special character area ▪ Reinvigorating declining commercial stripsReinvigorating declining commercial strips

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• Infilling grayfields and former big box sites• Enabling mixed –use development

• Infilling grayfields and former big box sites• Enabling mixed –use development

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The Brainstorming Phase• List all possible local applications for the Act

▪ Highlight potential redevelopment areas containing these potential projects on a map

▪ Eliminate any area that might not be appropriate for political or other reasons

▪ Superimpose block group boundaries meeting poverty criteria

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Any area where there are a predominance of buildings or improvements that are conducive to:

▪ ill health,▪ transmission of disease,▪ infant mortality,▪ juvenile delinquency,▪ crime, or

Definition of a “Slum Area”

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What is a Slum Area?

• Caused by such buildings or improvements being:

▪ dilapidated,▪ deteriorated,▪ old,▪ obsolescent,▪ inadequately designed for ventilation, air, light,

sanitation, or open spaces,▪ over-populated.

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• Review Existing Plans and Documents▪ Your Comprehensive Plan▪ Small Area Plans▪ Downtown Master Plans▪ LCI Plans (ARC region)▪ Housing Plans▪ Tourism and Marketing Studies▪ Environmental and Historic Preservation documents▪ Local Development Regulations

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• Timing and Scope

▪ A single phased plan▪ New URA plans adopted over time

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Questions to Consider Up Front▪ What are our top priorities?▪ How much should we bite off at once?▪ What are the risks or impediments?▪ Do we have political support from elected

officials?▪ Does the local government want to delegate

its redevelopment powers under the Act?

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Assembling a Preliminary Working Group▪ City/county manager▪ Elected officials▪ Planning staff▪ Fiscal officers▪ Representatives from relevant authorities▪ Public works/infrastructure staff▪ Local government attorney▪ Tax commissioner▪ Downtown manager▪ Public safety personnel

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People to Involve After the Initial Data- Gathering Stage

▪ Neighborhood representatives▪ Downtown merchant representatives▪ Real estate professionals▪ Banking community ▪ Major employers ▪ Property owners in the proposed areas▪ Press▪ Relevant non-profits▪ Neighboring governments

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Choosing the Appropriate Implementing Entity

▪ City or County▪ Downtown Development Authority (DDA)▪ Housing Authority▪ New Urban Redevelopment Authority

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Evaluate Your Local Organizational Capacity▪ Do you have a DDA? If so, are they appropriately

skilled and interested? ▪ Do you have a housing authority?

(same questions)▪ Do the most promising redevelopment areas and

proposed projects fall under their areas of operation?

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City or County as implementing agency

• Single purpose projects

• Intergovernmental contracts will not be critical

• Other competent organizations do not exist

• Local government wants tight staff control of the project

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Downtown Development Authority

▪ The target area fall primarily within the existing DDA boundary

▪ The existing DDA is competent and interested in taking on the project

▪ The projects are consistent with the DDAs statutory or constitutional powers of the DDA

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Housing Authority

▪ The project goals primarily focus on neighborhood revitalization, infill or housing rehabilitation

▪ The Housing Authority has the experience and skill set to take on the project

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Urban Redevelopment Agency

▪ Political clout, credibility or a special skill set will be needed▪ Project is primarily outside DDA or

Housing Authority boundaries▪ Intergovernmental contracts will be important▪ Project will involve issuing revenue bonds▪ Project is multidimensional▪ Local government wants more control over

specific powers being delegated▪ City/county project (example: corridor revitalization)

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Other Advantages of Creating an Urban Redevelopment Agency

▪ No political history or baggage▪ Opportunity to customize skill mix and include

interest groups▪ Local government can determine number of

members, set term limits, sunset provisions ▪ Members need not live in or own property in

URA district▪ URA has no other responsibilities

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Delegation of “Redevelopment Powers”

▪ Local government can pick and choose which powers to delegate

▪ Once delegated the local government gives away these powers

▪ Local government may wish to take these powers back through an intergovernmental agreement executed upon delegation of the powers

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• “Slum and blight” designation is a matter of local legislative determination

• Data backing this designation is not specified in the Act

• It is important to draw rational boundaries!

To Use the URA a Community Must Declare “Slum and Blight”

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Tips on Drawing Rational Boundaries▪ Consider existing organizational boundaries▪ Look at zoning districts carefully▪ Some greenfield can be included, but

don’t ignore real blight▪ Look at block group poverty criteria▪ Don’t draw a line down the middle of a major arterial▪ Make sure neighborhoods actually want

to be included▪ Try not to split parcels

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Data Supporting the Slum Designation

▪ Lower than average growth in assessed tax value▪ Fewer new building permits than elsewhere▪ Deteriorated housing and building conditions▪ Visual Blight and litter▪ High crime statistics▪ Unemployment▪ Vacancy rates▪ Bankruptcies and business closings▪ Substandard public infrastructure▪ Bad street or lot layout▪ Fractured or unclear property ownership (clouded titles)▪ Delinquent property taxes

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The First Legal Step

• Adoption of a resolution by the city or county finding that:

▪ one or more slum areas exist, and▪ the rehabilitation, conservation, or

redevelopment of such area is in the interest of the public health, safety, morals, or welfare of the residents of the city or county.

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• Hold a public hearing

• Adopt a plan, that designates an entity to implement the URP

What’s next?

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Proper Notice• Advertise two weeks before

the public hearing in a local circulation newspaper

• Suggested: Put the URA Plan on display at a public building or the public library

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• Consistency with the Comprehensive Plan is required▪ Urban Redevelopment Plan must be consistent

with the community’s “general plan”▪ Be sure to describe relevant Comp. Plan goals

and policies in the URP text▪ Update/revise the comprehensive plan

if necessary

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Avoid Drawing Out the Process• Avoid a lot of publicity in the brainstorming phase• Have most of your data gathering and planning

done before passing the “resolution of necessity”• Hold some educational meetings with effected

stakeholders to assess and minimize political opposition

• Public hearing should not be held until the plan is finished and you are ready to adopt

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Fitting the Plan to the Situation▪ How complex is the project?▪ Does the outcome involve physical design

standards or elements?▪ Would market analysis be helpful?▪ What can be drawn from previous plans

and studies? ▪ Will the plan be used to sell the proposed

projects and recruit developers?

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Getting the Most Bang for Your Consultant Buck ▪ Use a qualifications based selection process (not

competitive bidding) so that you can negotiate the work scope.

▪ Make consultants compete for the work.▪ Break the plan into work items and determine costs for

each?▪ Assess the feasibility of doing some data collection or

mapping in house?

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Qualifications-based Selection Basics▪ Advertise and issue a Request for Proposals (RFP) ▪ Check references and ask for similar work products▪ Schedule meetings between top ranked firms and a

review panel▪ Try to negotiate a work scope and price with

your first choice▪ If agreement cannot be reached, move down your list▪ Clearly specify deliverables and time deadlines

in your contract▪ Designate a primary local contact

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Plan Checklist• A Statement that the URP is consistent with the city’s

comprehensive plan• Clearly defined boundaries of the redevelopment area(s) (which

need not be contiguous• Explanation of negative conditions in the area necessitating

redevelopment and an explication of how the area meets the act’s definition of slum and blight

• The city’s land use objectives for the area (types of uses, building requirements, zoning changes, and development densities)

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Plan Checklist, cont’d.• Possible exceptions to development regulations

(recommended)• Description of land parcels to be acquired • Structures to be demolished or rehabilitated• Strategy for leveraging private resources to

redevelop the area• Strategy for relocating any displaced residents

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Plan Checklist, cont’d.• Any covenants or restrictions to be placed on

properties in the redevelopment area in order to implement the plan

• Public infrastructure to be provided (transportation, water, sewer, sidewalks, lighting, streetscapes, public recreational space, parking, etc., to support redevelopment of the area)

• A workable strategy for implementing the plan.

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• “. . . provide reasonable assistance for the relocation of families displaced from an urban redevelopment area, to the extent essential for acquiring possession of and clearing such area or parts thereof to permit the carrying out of the urban redevelopment project”

Housing Displacement

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• “A municipality or county shall, to the greatest extent . . . afford maximum opportunity, consistent with the sound needs of the municipality or county as a whole, to the rehabilitation or redevelopment of the urban redevelopment area by private enterprise.”

URA Plan Must Encourage Private Sector Participation

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Maximum Opportunity for Rehabilitation by Private Enterprise▪ Give property owners plenty of notice ▪ Encourage owners to rehab or redevelop their own

property before considering eminent domain▪ Actively advertise available parcels to quality

private developers▪ Do not disrupt functional businesses prematurely or

unnecessarily (If they must move, help them find better locations in the new scheme.)

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• A URA Plan allows the imposition of conditions more specific than existing land use regulations.

• Conditions in the URA plan run with the property and control development above and beyond other land use regulations:

“the provisions of the plan with respect to the future use and building requirements applicable to the property covered by the plan shall be controlling with respect thereto.”

Restrictive Covenants and Special Conditions

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Intergovernmental Contracts▪ Can bind local governments for

specific periods of time, even if elected officials or political climate changes

▪ Allow things that a local government cannot do directly

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• Redevelopment entity may issue tax exempt bonds to be repaid with profits from the urban redevelopment project. May be secured by mortgages on property within the district.

• Bonds issued under this Code section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction

• Bonds can be retired from sources such as grants, loans and other revenues.

Raising Money With Tax Exempt Bonds

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• “. . . to plan or replan, zone, or rezone any part of the municipality or county or make exceptions from building regulations”

• Examples: Cottage development, narrower streets, mother in law suites

Ability to Wave Local Development Regulations

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Property Purchase and Disposition under the Act▪ Sale of property acquired under the act need not be to

the highest bidder ▪ Competitive RFP’s may be solicited and evaluated▪ Bidder’s qualifications and the desirability of their

concept plans may be considered▪ Conditions related to URP must be attached to deeds

and will run with the land

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Taxes and Fees• Property owned by the URA is not taxable

unless/until sold to a private party

• Local government has the power to levy special taxes and assessments within the urban redevelopment area

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▪ Before: vacant parcels with acres of unused parking lots

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▪ Reclaim underutilized land that has existing infrastructure investments—water, sewer, gas, electricity, streets, lights, etc.

▪ Promote innovative development▪ Provide more in-town housing▪ Humanize blighted areas▪ Raise property values and tax revenues

After:URP Design

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URP’s--Beyond the basics

• Show the public what can replace blight

• Can include design standards

• Are like a “master-plan with teeth.”

• Should be fiscally realistic and include financing tools.

• Identify and protect historic resources

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Coming soon……..

The revised DCA publication:

“A Guide to Using Georgia’s Urban

Redevelopment Act”

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URP’s--Reinvigorating Neighborhoods and Communities

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For more info:http://www.dca.ga.gov/economic/DevelopmentTools/index.asp

Urban Redevelopment Plans and State Enterprise Zones, contact:▪ Kelly Lane (229) 896-4259 [email protected]▪ Mary Alice Applegate (478) 742-5145

[email protected]

Opportunity Zone applications, contact:▪ Joanie Perry (404) 679-3173 [email protected]

Job Tax Credits, contact:▪ Dawn Sturbaum (404) 679-1585

[email protected]