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1 /8 Ogden Redevelopment Agency Work Session: January 3, 2017 COMMUNITY INVESTMENT FRAMEWORK - Implementation of the Quality Neighborhoods Initiative Regarding Community Reinvestment Areas (Formerly RDA’s) Purpose of Work Session: To review and discuss the Administration’s Community Investment Framework, an outline for the process of creating a new Community Investment Area that includes public outreach Executive Summary Representatives from the Community and Economic Development Department will present and discuss their Community Investment Framework, a process designed to incorporate State law governing the creation of a Community Reinvestment Area (CRA, formerly RDA) with extensive public outreach and education. Background July 2015 – April 2016 The Board began discussions regarding the creation of the Oak Den Urban Renewal Area. On September 8, 2015, the Board approved Resolution 2015-13 designating the Oak Den Survey Area. Boundaries for Survey Area were designated as 23rd to 26th Street and Madison to Jackson Avenues. Creation of the Oak Den Urban Renewal Area was initiated according to Utah Code Title 17C, Limited Purpose Local Government Entities - Community Development and Renewal Agencies Act. Title 17C outlined an agency’s authority regarding eminent domain, bonding, use of tax increment and sales tax, budgeting, and other related administrative issues. Title 17C also provided for the establishment of three different types of redevelopment areas: Urban Renewal Area (URA) Economic Development Area (EDA) Community Development Area (CDA) ---PAGE BREAK--- 2 /8 Ogden Redevelopment Agency Work Session: January 3, 2017 March 28, 2016 Governor Herbert signed Senate Bill 151 amending Utah State Code § 17C, the Limited Purpose Local Government Entities - Community Development and Renewal Agencies Act. SB 151 renamed the Act to the Limited Purpose Local Government Entities - Community Reinvestment Agency Act, and provided that the three types of redevelopment areas-- Urban Renewal Areas, Economic Development Areas, and Community Development Areas—roll up under one designation of Community Reinvestment Areas (CRA’s). The new CRA’s provided for varying degrees of eligibility and required public process depending on the level of government involvement, including tax increment incentives in the project. The strictest requirements were placed on CRA’s where the use of eminent domain was proposed. Recognizing that some local jurisdictions may be contemplating or in the process of creating Urban Renewal, Economic Development or Community Development Areas, the legislature established transition dates. Section 17C-2-101.2 (Urban Renewal Areas) states the following: 17C-2-101.2. Applicability of chapter. This chapter applies to an urban renewal project area that is effective: before May 10, 2016; or before September 1, 2016, if an agency adopted a resolution in accordance with Section 17C-2-101.5 before April 1, 2016. The proposed Oak Den Urban Renewal Area would not fall under the new rules if completed by September 1, 2016. However, any subsequent redevelopment areas would be government by the new requirements. ---PAGE BREAK--- 3 /8 Ogden Redevelopment Agency Work Session: January 3, 2017 April 5, 2016 The RDA Office received an Administrative Transmittal requesting that the Board designate a survey area for the Adams Urban Renewal Project Area and authorize a study to examine the extent of blight conditions within the survey area. May 3, 2016 The Board adopted Resolution 2016-11 designating the Adams Survey Area. Boundaries for Survey Area were established from 23rd to 28th Street and Washington Boulevard to Adams Avenue. The proposed Resolution also authorized the Administration to complete a blight study as required by state law and report the findings to the Board. CS Note: The Adams URA will actually be a Community Reinvestment Area (CRA) because of the date it was initiated. May 24, 2016 The Board held a public hearing to determine whether to make a finding of blight in the proposed Oak Den Urban Renewal Area. Many residents who lived in the Oak Den survey area attending the hearing and commented on the proposal. Also in attendance were representatives from the Institute for Justice, a national law firm focusing on property rights, economic liberty, school choice, and free speech. It became evident during the hearing that the Agency had failed to complete the necessary public outreach or provide effective education regarding the Agency’s vision for the survey area and the improvements that it hoped to provide for the residents living there. The hearing was continued, to allow for several open houses to be held. CED staff worked diligently with the residents to provide accurate information regarding the Agency’s plans. Ultimately, based on citizen feedback, CED abandoned its efforts in the Oak Den Survey area—at least for the foreseeable future. However, CED evaluated the Oak Den process and made a list of “lessons learned” from the experience. ---PAGE BREAK--- 4 /8 Ogden Redevelopment Agency Work Session: January 3, 2017 May - December 2016 The Administration developed the Community Investment Framework process to address issues raised during the Oak Den process. The Administration also determined it would restart the Adams CRA using the new Framework process. Proposal The Administration will be presenting the Community Investment Framework (Framework), a document that outlines an in-depth process for creating a new Community Reinvestment Area which includes public outreach and education. This document incorporates the lessons learned from the Oak Den process with the goal of more fully communicating the intent of the Agency regarding any given proposed CRA. The Framework is intended to build on the Quality Neighborhoods Initiative and will be used to communicate to affected residents the Agency’s intent regarding the proposed redevelopment. It will be developed with resident input much like a Community Plan. CS Note: The document provided is a sample document created for the Oak Den area. CED staff will tailor a Community Investment Framework for each proposed CRA that will focus on the specific goals and objectives of the project area and the educational needs of impacted citizens. Summary of the Community Investment Framework General Statement: Purpose is to encourage and assist private enterprise to invest in Ogden’s neighborhoods and to identify and pursue development activities that will support and sustain Ogden as an attractive and vibrant place to live and work. 1) Definition And Map Of Investment Area a) Block by Block Description 2) Existing Area Characteristics And How They Will Be Affected a) General Statement of Land Uses and Building Codes b) Layout Of Principal Streets c) Population Densities ---PAGE BREAK--- 5 /8 Ogden Redevelopment Agency Work Session: January 3, 2017 i) Residential Population ii) Daytime Business Population d) Building Intensities e) Physical Conditions f) Social Conditions g) Economic Conditions i) Census Data, etc. 3) Statement Of Standards and Objectives a) Development Objectives i) Removal of substandard buildings, etc. b) Continued Use Of Existing Buildings c) Retail Sales d) National Register Of Historic Places Or State Register e) General Design Objectives i) Planning input, etc. f) Specific Design Objectives And Controls i) Building Design Objectives ii) Open Space Pedestrian Walk and Interior Drive Design Objectives iii) Landscape Design Objectives iv) Public Improvement Design Objectives 4) Strategies And Tools To Achieve Investment Objectives a) Acquisition and Clearance b) Property Disposition and Development c) Rehabilitation d) Implementation of Development Projects e) Cooperation with the Community and Public Entities f) Relocation g) Community Reinvestment Area h) Community Reinvestment Area with Eminent Doman i) HELP – Home Exterior Loan Program j) Emergency Home Repair Program k) Own in Ogden l) Home Sweet Ogden m) Unit Reduction Program ---PAGE BREAK--- 6 /8 Ogden Redevelopment Agency Work Session: January 3, 2017 n) Public Infrastructure Funds o) Federal/State Programs and Grants p) Private Investment 5) Description Of Potential Projects That Are The Object Of The Proposed Urban Renewal 6) Ways In Which Private Developers, If Any, Will Be Selected To Undertake The Urban Renewal a) Selection Of Private Developers b) Identification Of Developers Who Are Currently Involved In The Proposed Urban Renewal i) Qualified Owners ii) Other Parties 7) Description Of Anticipated Public Benefit To Be Derived From Urban Renewal a) Beneficial Influences upon the Tax Base of the Community b) Increased Jobs or Employment Anticipated as a Result of Urban Renewal c) Associated Business and Economic Activity Likely to Be Stimulated by Urban Renewal 8) Appendix a) Quality Neighborhoods Initiative Resolution and Supporting documents b) Ogden Invests in Quality Neighborhoods graphic c) The Good Work of Redevelopment (White Paper) d) East Central Community Plan Proposed Outreach Process Notification of residents approximately two weeks before the first open house Hold public open house #1 – accept input from residents and use information to create a draft Community Investment Framework document Additional Open Houses as needed to develop “informed consent” among residents (described below) Develop final Community Investment Framework document ---PAGE BREAK--- 7 /8 Ogden Redevelopment Agency Work Session: January 3, 2017 **Board will consider approval of the final Community Investment Framework document **Board will consider Resolution adopting Waivers Relating to Eminent Domain (described below) State Law Process Begins **Designation of Survey Area **Authorization of Blight Study **Public Hearing to Determine Existence of Blight **Finding of Blight Taxing Entity Committee Approval of Finding of Blight **Authorization of Creation of Draft Plan and Budget Draft Plan and Budget Available for Public Comment **Agency Adoption of Final Plan and Budget City Adoption of Final Plan and Budget **Optional: Adoption of Interlocal Agreements **Denotes Board Action Informed Consent The goal of the Administrative staff is to obtain informed consent to move forward with the Agency’s plans. Informed consent is defined as the willingness of the public to accept a valid course of action based on information and understanding of the issues, even if some of the interested parties disagree with the action. Getting to a consensus is not usually possible when addressing a complex problem like community redevelopment. That Administration hopes that by establishing legitimacy by taking responsibility and providing strong supporting data acting in a responsive manner to identifying issues and problems, generating alternative solutions; and acting effectively to communicate and provide clear, concise information, and find common ground the Agency can obtain consent from residents to proceed with redevelopment plans. ---PAGE BREAK--- 8 /8 Ogden Redevelopment Agency Work Session: January 3, 2017 Waiver of Right of Eminent Domain The proposed Framework includes an Agreement by the Agency to limit its right to acquire properties through the use of eminent domain to only those properties specifically identified. Under the Agreement, the Agency would waive its right to acquire “Qualified Properties”—owner occupied, single family dwellings. The waiver has a duration of five years. The Agency would not exercise eminent domain during the five- year period unless the owner sells and/or transfers the property, or until the property ceases to be owner-occupied. Questions 1. Please review the sample Community Investment Framework and describe how the Administration hopes to use it to accomplish Agency goals. 2. Please review the proposed Waiver for use of eminent domain. Also review the process for developing the waiver (who provided input, etc.). 3. Please review the Outreach Process flow chart. 4. Please review the proposed timeline for creation of the Adams CRA. Council Staff Contact: Janene Eller-Smith, (801)629-8165 ---PAGE BREAK--- OGDEN CITY REDEVELOPMENT AGENCY TRANSMITTAL Date Received by Admin: Mark Johnson, CAO Date Sent to Board: DATE: December 23, 2016 TO: Ogden City Redevelopment Agency Board FROM: Tom Christopulos, CED Director TC SUBJECT: Community Investment Framework – Information on new Process STAFF CONTACT: Brandon Cooper, CED Deputy Director BC LEGAL CONTACT: Melven Smith, Assistant City Attorney MS REQUESTED TIMELINE: January 3, 2016 RECOMMENDATION: Informational only – NO ACTION REQUIRED DOCUMENTS: Process Flow Chart; Draft Mailer; Draft Community Investment Framework; Draft Waiver; Information regarding Informed Consent Background Jointly adopted by the City Council and Mayor in November 2015, the Quality Neighborhoods Initiative (“QNI”) is the City’s plan to stabilize and revitalize Ogden’s neighborhoods as “neighborhoods of choice” by establishing a pattern of public investment that catalyzes desirable and appropriate community development. In redeveloping neighborhoods, creating this investment environment involves building on the bright spots that exist within the neighborhood while removing impediments to investment. In an effort to fulfill the purposes of the QNI, the Ogden City Redevelopment Agency, from time to time, will identify potential areas for additional investment. Criteria used for ---PAGE BREAK--- selecting such areas varies, and may include, but is not limited to, the degree of vacant land/buildings, number of rental vs. owned properties, opportunity presented by private parties, infrastructure needs, proximity to parks, transit, and other desirable key elements, strategic planning, conditions of blights, crime levels, and internal and external funding sources. Despite having much success in the past, Agency Staff has determined that the process of community outreach and education used while identifying new areas of investment has become ineffective and no longer produces the necessary results desired by the Agency or described in the QNI. The previous process has been heavily linked to the rules that govern the implementation of redevelopment areas, as more fully defined in Utah State Code 17-C. Drafted for a specific purpose, this process is a ‘minimum standard’ and only applies to the creation of areas for the purpose of utilizing tax increment financing. The Quality Neighborhood Initiative contemplates the use of many resources and tools to bring about its goals and objectives, therefore requiring the procedures of the Agency to expand and evolve as well. As such, it is important that the Agency conduct community outreach and education in such a way that spans the scope and requirements outlined in Utah State Code 17-C. Therefore, Agency Staff desires to present to the Board the process of identifying future Areas of Investment and the adoption of the associated Community Investment Framework documents. For further information, please contact Brandon Cooper at (801) 629-8947. ---PAGE BREAK--- DRAFT COMMUNITY INVESTMENT FRAMEWORK AREA OF INVESTMENT- OUTREACH PROCESS AGENCY DESIGNATES SURVEY AREA PARCEL-BY-PARCEL BLIGHT STUDY MAILED AND PUBLISHED NOTICE OF BLIGHT HEARING BLIGHT HEARING AGENCY FINDING OF BLIGHT & SELECTION OF PROJECT AREA AGENCY AUTHORIZES CREATION OF DRAFT PLAN AND BUDGET DRAFT PLAN AND BUDGET MADE AVAILABLE FOR PUBLIC REVIEW MAILED AND PUBLISHED NOTICE OF DRAFT PLAN AND BUDGET AGENCY ADOPTS PLAN AND BUDGET PUBLIC HEARING ON DRAFT PLAN AND BUDGET CITY ADOPTS PLAN AND BUDGET BY ORDINANCE TEC APPROVAL OF BLIGHT FINDING TEC APPROVAL OF BUDGET QUALITY NEIGHBORHOODS To stabilize and revitalize Ogden?s neighborhoods as ?neighborhoods of choice? by establishing a pattern of public investment that catalyzes desirable and appropriate community development. OGDEN CITY GENERAL PLAN COMMUNITY PLANS MASTER PLANS COMMUNITY INVESTMENT FRAMEWORK (i.e. Oak Den / Adams / East Temple) PUBLIC OPEN HOUSE(S) INFORMED CONSENT MODEL FINAL COMMUNITY INVESTMENT FRAMEWORK TARGETING RESOURCE DEVELOPMENT MARKETING & DELIVERY NEW OR REVISED RDA GOVERNANCE PUBLIC OPEN HOUSE(S) PUBLIC OPEN HOUSE #1 AGENCY ADOPTS WAIVER BY RESOLUTION CITY AND/OR AGENCY ADOPTS INTERLOCAL AGREEMENTS ---PAGE BREAK--- Your neighborhood is within the boundaries being considered for additional investment by the Ogden City Redevelopment Agency. WHAT IS YOUR VISION FOR THE ADAMS AVENUE NEIGHBORHOOD? Join us for an Open House on Wednesday, December 17th, 2016 and lend your voice! See back for details. Su vecindario está dentro de los límites que se consideran para la inversión adicional por la Agencia de Reurbanización de la Ciudad de Ogden. ¿CUÁL ES SU VISIÓN PARA EL BARRIO ADAMS AVENUE? Únase a nosotros para una jornada de puertas abiertas el miércoles 17 de diciembre de 2016 y preste su voz! Vea atrás para más detalles. YOU’RE INVITED! Ocrda_mailer_v7.indd 1 12/7/16 3:21 PM DRAFT SAMPLE ---PAGE BREAK--- JOIN US FOR A PUBLIC OPEN HOUSE: Address Goes Here Thursday, May 12, 2016 from 5-7 p.m. (Arrive Anytime) The OCRDA will be investing in residential, business, infrastructure, open space, public art, and other projects to revitalize your neighborhood and foster local economic development. Come tell us what you love about your neighborhood and what could be improved! QUESTIONS: [PHONE REDACTED] / [EMAIL REDACTED] ÚNASE A NOSOTROS PARA UNA CASA ABIERTA PÚBLICA: La dirección va aquí Jueves, 12 de mayo de 2016 de 5-7 p.m. (Llegada en cualquier momento) El OCRDA invertirá en residencial, negocios, infraestructura, espacios abiertos, arte público y otros proyectos para revitalizar su vecindario y fomentar el desarrollo económico local. Venga a decirnos lo que te gusta de tu barrio y lo que podría mejorar! PREGUNTAS: [PHONE REDACTED] / [EMAIL REDACTED] Ogden City Redevelopment Agency 2549 Washington Blvd # 420, Ogden, UT 84401 Ocrda_mailer_v7.indd 2 12/7/16 3:21 PM DRAFT SAMPLE ---PAGE BREAK--- COMMUNITY INVESTMENT FRAMEWORK Oak Den Area of Investment 20XX Ogden City Redevelopment Agency ---PAGE BREAK--- TABLE OF CONTENTS General Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1 - Definition and Map of Investment Area . . . . . . . . . . . . . . 1 Section 2 - Existing Area Characteristics and How They Will Be Affected. . . . . . . 2 A. General Statement of Land Uses. . . . . . . . . . . . . B. Layout of Principal Streets. . . . . . . . . . . . . . . . . . . . . . C. Population Densities. . . . . . . . . . . . . . . . . . . . . . . . . . .3 D. Building Intensities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 E. Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 F. Social Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. Economic Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 3 - Statement of . . . . . . . . . . 4 A. Development Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Continued Use of Existing Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Retail Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. National Register of Historic Places or State Register . . . . . . . .6 E. General Design Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 F. Specific Design Objectives and Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Section 4 - Strategies and Tools to Achieve Investment Objectives .9 Section 5 - Description of Potential Projects That Are the Object of the Proposed Urban Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Section 6 - Ways in Which Private Developers, If Any, Will Be Selected to Undertake The Urban Renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 ---PAGE BREAK--- A. Selection of Private Developers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 B. Identification of Developers who are Currently Involved In the Proposed Urban Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Section 7 - Description of Anticipated Public Benefit to Be Derived From Urban Renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 8 – Appendix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 ---PAGE BREAK--- 1 GENERAL STATEMENT This Community Investment Framework (“Framework”) has been prepared in harmony with the objectives and directives of the Quality Neighborhood Initiative, adopted by joint resolution of the City Council and Mayor’s office on November 24th, 2015. The provisions herein provide a framework to facilitate economic investment, physical reconstruction, and neighborhood resurgence in a nine block area of one of the City’s most significant heritage neighborhoods and serves as a preamble to other studies, plans, and development documents that may be applicable. This nine-block area has been deemed the Oak Den Area of Investment (“Investment Area” or “Area”) and lies within the East Central Community (the ECC is also known as the Trolley District). The Framework promotes a vision for a mixed-use neighborhood that creates and sustains a desirable quality of life and incorporates land uses, urban design, and development strategies that are in accordance with best practices and Ogden’s General Plan. Potential urban renewal will be accomplished utilizing multiple tools and through partnerships among land owners, developers, investors, business leaders, neighborhood groups, and local, state and federal government leaders. The purpose of this Community Investment Framework document and the larger role of the Redevelopment Agency of Ogden City (“Agency”) is to encourage and assist private enterprise to invest in Ogden’s neighborhoods and to identify and pursue development activities that will support and sustain Ogden as an attractive and vibrant place to live and work. Section 1 Description and Map of Investment Area The following blocks within the Investment Area are established and described below. An aerial map of the Area is attached hereto and incorporated herein as Exhibit A – Oak Den Area of Investment Map. Block 1 of the Investment Area includes all of the property within the Investment Area that is located between 23rd - 24th, Madison Ave. - Monroe Blvd. Block 2 of the Investment Area includes all of the property within the Investment Area that is located between 23rd - 24th, Monroe Blvd. - Quincy Ave. Block 3 of the Investment Area includes all of the property within the Investment Area that is located between 23rd - 24th, Quincy Ave. - Jackson Ave. Block 4 of the Investment Area includes all of the property within the Investment Area that is located between 24th - 25th, Madison Ave. - Monroe Blvd. Block 5 of the Investment Area includes all of the property within the Investment Area that is located between 24th - 25th, Monroe Blvd. - Quincy Ave. Block 6 of the Investment Area includes all of the property within the Investment Area that is located between 24th - 25th, Quincy Ave. - Jackson Ave. ---PAGE BREAK--- 2 Block 7 of the Investment Area includes all of the property within the Investment Area that is located between 25th - 26th, Madison Ave. - Monroe Blvd. Block 8 of the Investment Area includes all of the property within the Investment Area that is located between 25th - 26th, Monroe Blvd. - Quincy Ave. Block 9 of the Investment Area includes all of the property within the Investment Area that is located between 25th - 26th, Quincy Ave. - Jackson Ave. Section 2 Existing Area Characteristics and How They Will Be Affected A. General Statement of Land Uses and Building Codes The permitted land uses within the Oak Den Investment Area shall be those uses permitted by the officially adopted zoning ordinances of Ogden City, as those ordinances may be amended from time to time, subject to limitations imposed by “overlay” restrictions and the controls and guidelines outlined in any appropriate plans or documents approved by Ogden City or the Agency in the future. A Land Use Map showing the current permitted uses is included in and made part of this Framework as Exhibit B – Land Use Map. The existing zones within the Investment Area include NC-2, PI, R-2EC, and R-3EC. The existing uses within the Investment Area include retail, office, commercial, single family and multiple family dwellings. It is expected that the currently permitted land uses in the Investment Area will not be directly changed for the purposes of effecting the urban renewal of the Investment Area. However, the City may or may not determine to propose zoning ordinance amendments in order to aid in or promote urban renewal or for other reasons. The construction of any new buildings and improvements and the rehabilitation of any existing buildings or improvements will be done in accordance with the standards set forth in the general plan of the City and in accordance with the International Building Code applicable to the City. All building permits for construction or rehabilitation will be issued by the City in order to assure that new development or urban renewal is consistent with the general plan of the City. The Agency believes that many of the owners of real property located within the Investment Area would be willing to participate in a City program or take other action which will result in desirable investment and urban renewal. These actions include, but are not limited to, the removal of substandard and/or vacant buildings and structures, the relocation of businesses, and the sale of land, buildings and/or residences, thereby facilitating construction of new buildings and improvements on certain land within the Investment Area. Through the process of owner participation, owners of real property located within the Investment Area may enter into one or more agreements with the Agency to achieve any number of these and other objectives. ---PAGE BREAK--- 3 B. Layout of Principal Streets The layout of the principal streets in the Investment Area is shown on the map attached as Exhibit A – Oak Den Area of Investment Map and incorporated herein. It is expected that functional and cosmetic improvements will be made to the principal streets of 23rd, 24th, 25th, 26th, Quincy, and Monroe. These types of improvements may include, but are not limited to, curb/gutter replacement, re-profiling/re-paving, sidewalk replacement, driveway replacement, utility upgrades, and landscape enhancements. Those secondary streets located within the interior of the Investment Area, namely Gramercy, Fowler, Liberty, and Capitol may be improved, extended, reconstructed, or otherwise enhanced in order to facilitate improvements. C. Population Densities As of 2010, the existing population of the Investment Area was approximately 1,594 with 703 housing units (2010 Census Profile, ESRI). All potential urban renewal activities contemplated in this Framework will seek to balance the necessary densities required to support downtown growth and activities with an appropriate and comfortable urban quality of life. 1. Residential Population Additional residential units are expected to be constructed within the Investment Area, increasing the residential density of the Investment Area and thereby strengthening the neighborhood and supporting the downtown. Potential development of detached single-family dwelling units, attached single-family dwelling units, multi-family dwelling units, and mixed-use units would be appropriate and desirable. Such development could occur on existing vacant parcels of land as well as infill parcels. Certain existing homes in this area are anticipated to be renovated to preserve their historic character. All new residential dwellings would be required to be constructed in a manner that contributed to the historic character of the adjacent block(s). It is desired that the Investment Area will transition from an underutilized and declining area to a vibrant and fully utilized area of Ogden. This change will maintain and increase the day time population. 2. Daytime Business Population It is expected that the daytime business population will grow as retail, commercial and office use along principal streets intensifies. It is also contemplated that additional employment opportunities will occur in the Investment Area as existing businesses expand and new businesses relocate to the area. As a result, private and public (on-street) parking demand and availability will need to be addressed. D. Building Intensities The building intensities within the boundaries of the Investment Area were analyzed along with the condition of each structure. It is expected that the building intensities within the Investment ---PAGE BREAK--- 4 Area will be affected by urban renewal as commercial buildings are developed adjacent to one another to create a street frontage without gaps, shared parking behind the commercial buildings and commercial buildings higher than one story are developed to more fully utilize the properties. Low density inner block residential development may, in some cases, be replaced with attached dwelling concepts with higher density. E. Physical Conditions The Investment Area consists of approximately 84.24 acres of privately owned land as shown on the Investment Area map. The physical characteristics of the Investment Area may generally be classified as a depressed and underutilized urban neighborhood of the City. This is evidenced by large sections of vacant or unimproved land, various housing styles that are in need of renovation, numerous vacant buildings, and aged or deteriorating public infrastructure. F. Social Conditions No unusual social conditions can be observed in the Investment area. Perceived social conditions that are typical of other inner-city neighborhoods that are experiencing similar physical and economic challenges include higher-than-normal unemployment, drug related problems, higher- than-normal use of social services and programs, and elevated crime levels. G. Economic Conditions The Area has been unable to attract private commercial and residential investment due to the inadequate maintenance of existing properties, aging infrastructure, challenging lot sizes, and undesirable “curb appeal”. The median income in the area is approximately $27,558 (2016 Census Profile, ESRI), 49% below the state average. Commercial neighborhood support services, such as fresh markets, personal services, banking, and entertainment are generally within driving distance, but are limited or non-existence within walking distance. A large commercial site in the center of the area has remained partially vacant for over a decade, giving the impression of a depressed micro-economy and a long term lack of commercial interest in the area. At the writing of this Community Investment Framework, the Agency has determined that the present condition or use of the Investment Area substantially impairs the sound growth of the municipality and constitutes and economic liability to the community at large. Section 3 Statement of Standards and Objectives A. Development Objectives Following are standards and permissible activities that will guide future proposed urban renewal activities in the Investment Area: l. Removal of structurally substandard buildings or improvements to permit the return of land to its highest and best economic use. ---PAGE BREAK--- 5 2. Removal of impediments to land disposition and development through assembly of land into reasonably sized and shaped parcels served by improved public utilities and infrastructure improvements. 3. Rehabilitation of commercial and multi-family structures if sound long term economic activity can be assured thereby; and rehabilitation of single family homes if the historic quality can be retained or restored. 4. The elimination of environmental deficiencies, including: irregular lot subdivision, inadequate drainage, weeds and excessive secluding vegetation, underutilized land, and soil contamination mitigation, if present. 5. Achievement of an environment which reflects appropriate architectural, landscape, and urban design principles consistent with the NC-2, PI, R-2EC, and R-3EC zoning guidelines as well as the contributing character of historically significant homes within the Area. This type of environment should be developed through encouragement, guidance, appropriate enforcement and controls, ordinances, and professional assistance to owner participants and developers. 6. Promotion and marketing of the Investment Area for development or investment that would be complimentary to existing businesses and residential areas or would enhance the economic base of the neighborhood through diversification. 7. Upgrade or replacement of utilities, streets, curbs, sidewalks, parking areas, landscaping, and lighting to give the area a refined look consistent with the objectives of the applicable zoning and in a manner that attracts business and residential activity. 8. Provide for the strengthening of the tax base and economic health of the entire community. 9. Provide improved public streets, road access, associated utilities, and pedestrian/bicycle access to the area to facilitate better traffic circulation and reduce traffic hazards. Provide improved pedestrian circulation systems that create landscaped walkways through the inner block to provide attractive and safe pedestrian connections. The Agency shall work with the City to recommend ways to improve traffic and pedestrian circulation within and abutting the Investment Area. 10. Provide for compatible relationships among land uses and quality standards for development, such that the area functions as a unified and viable center of social and economic activity for the City. 11. Coordinate and improve the public transportation system, including bus stops and other public transit services. 12. Eliminate the influences and factors that lead to the poor design, installation, and/or ---PAGE BREAK--- 6 management of the façade zone area of residential properties. This area is defined as the area between the front door and the back of curb and includes elements such as landscaping, paved surfaces, porches, lighting, siding, and utilities. B. Continued Use of Existing Buildings Urban renewal shall include the continuance of many existing buildings or uses so long as substandard, illegal, or undesirable conditions, if any, are removed and the buildings have an economic life after rehabilitation of at least twenty (20) years. The Agency believes that most existing buildings within the Investment Area should be considered to be continued or rehabilitated. C. Retail Sales The development of retail sales in accordance with appropriate zoning is an objective of the Investment Area in order to strengthen Ogden’s tax base and provide services and amenities to those living in and around the Investment Area. D. National Register of Historic Places or State Register If any of the existing buildings or uses in the Investment Area are included in or eligible for inclusion in the National Register of Historic Places or the State Register, with respect to such buildings or uses the Agency shall comply with local, state, and federal regulations. Currently, 160 out of 413 properties within the Area are listed on the National Register. E. General Design Objectives Subject to the development objectives and other provisions of this Framework, owners and developers will be allowed certain flexibility in the development of land located within the Investment Area and are expected to achieve a high level of quality design and development. Each investment proposal will be considered subject to compliance with: appropriate elements of the City’s general plan; the planning and zoning code of the City; other applicable building codes and ordinances of the City; a review and recommendation by the City Planning Commission and Mayor; and approval by the Agency Executive Director or Board to ensure that the development is consistent with this Community Investment Framework. Each investment proposal by an owner or a developer will be accompanied by site plans, elevation drawings, color/materials boards, development data, and other appropriate material that clearly describes the extent of development proposed, including land coverage, setbacks, heights and bulk proposed, building design and materials, off-street parking and loading to be provided, use of public transportation, and any other design data determined to be necessary or requested by the City or the Agency. The particular elements of each proposed development should be such that the overall urban renewal of the Investment Area will: ---PAGE BREAK--- 7 1. Provide an attractive urban environment; 2. Blend harmoniously with the adjoining areas; 3. Provide for the optimum amount of open space in relation to new buildings; 4. Provide shared parking areas, appropriately screened and/or landscaped to blend harmoniously with the area, and possibly parking structures; 5. Provide open spaces and pedestrian walks which are oriented to the directions of maximum use and designed to derive benefit from topographical conditions and views; 6. Provide for the optimum separation and protection of pedestrian access routes from vehicular traffic arteries; 7. Result in the development of land within the Investment Area in such a manner that available off-street parking will be provided as appropriate. Special emphasis will be placed on phases of construction of all new development projects to support the parking program; 8. Encourage development of one or more focal points that would serve as gathering places within the Investment Area. 9. Comply with the other provisions of this Framework. F. Specific Design Objectives and Controls 1. Building Design Objectives: All new commercial buildings shall be of design and materials that have at least 50% of the ground level floor as see-through store front with solid portion of the store front being brick or architectural stone or concrete, the design of which will be in harmony with adjoining areas and other new development and shall be subject to design review and approval by the Agency and City. Detached single family homes shall be designed to reflect the historical lines of the homes along the street and use materials that have the same visual quality as found on the existing historic homes. Attached dwelling units shall be designed to be complimentary to the lines and shapes of buildings in the district and use the same types of exterior treatments in order to be compatible with the area. The design of buildings shall take optimum advantage of available views and topography and shall provide, where appropriate, separate levels of access. ---PAGE BREAK--- 8 Commercial buildings within the Investment Area should be designed and placed to act as significant landmarks in the Area and the City. Corner buildings shall be equivalent in height to a two story building or taller and other one story buildings in the Area shall have varying skyline profiles. 2. Open Space Pedestrian Walks and Interior Drive Design Objectives: All open spaces, pedestrian walks and interior drives shall be designed as an integral part of an overall site design, properly related to existing and proposed buildings and that create a continuity of design for the entire block, area topography, views, etc. Appropriate pedestrian or human spaces to be used for casual occupancy, gathering and interaction should be provided. Attractively landscaped open spaces shall be provided, which will offer maximum usability to occupants of the building for which they are developed. Landscaped, paved, and comfortably graded pedestrian walks should be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings on the same site. The location and design of pedestrian walks should afford maximum safety and separation from vehicular traffic, connection through the entire block and should recognize and take into account desirable views of new and existing development in the area and surrounding community and the area topography and views. Materials and design of paving, retaining walls, fences, curbs, benches, and other accouterments, shall be of good appearance, easily maintained, and indicative of their purpose. 3. Parking Design Objectives: Parking areas shall be designed with careful regard to orderly arrangement, ability to share parking, topography, relationship to view, ease of access, and as an integral part of overall site design. Parking shall not be in front of the building; rather on the side with a majority of the parking stalls located behind the building. Any parking structures should be designed to complement and blend with existing or planned structures, incorporate retail uses on the street level or be located behind the main buildings so that the majority of the structure is not visible from the street. 4. Landscape Design Objectives: A coordinated landscape and open space design over the entire Investment Area incorporating landscaped treatment for open space, roads, paths, and parking areas into a continuous and integrated design shall be a primary objective. ---PAGE BREAK--- 9 Primary landscape treatment shall consist of a variety of shrubs, ground cover, and shade trees as appropriate to the character of the Investment Area and as determined by the City and the Agency. 5. Public Improvement Design Objectives: Public right-of-way. All streets, sidewalks and walkways within public right-of- ways will be designed or approved by the City and will be consistent with all design objectives. Street lighting and signs. Lighting standards and signs following consistent design standards and modern illumination standards of those lights and signs within areas of the downtown are desirable along 23rd, 24th, 25th, 26th and shall be provided as approved by the City. Section 4 Strategies and Tools to Achieve Investment Objectives The Agency, in pursuing development strategies that will promote a more vibrant and economically healthy community, may utilize its resources to eradicate substandard conditions and effectuate urban renewal as defined in this Framework and as allowable by law. Possible strategies available to facilitate development and investment in the Area may include, but are not limited to, the acquisition, clearance, disposition, and rehabilitation of residential and commercial properties, as more fully described below: 1. Acquisition and Clearance: The Agency may acquire, but is not required to acquire, real property located in the Investment Area. Conditioned on the approval of the Agency Board, the Agency may acquire property by negotiation, gift, devise, exchange, purchase, eminent domain, or other lawful method. Various third-parties, as available and desirable from time to time and who may or may not be associated with the Agency, may acquire real property located in the Investment Area by negotiation, gift, devise, exchange, purchase, or other lawful method. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless, in the Agency's judgment, such building requires structural alteration, improvement, modernization, or rehabilitation, or the site or lot on which the building is situated requires modification in size, shape, or use, or it is necessary to impose upon such property any of the standards, restrictions and controls of the zoning, building code, or this Framework, and the owner fails or refuses to agree to participate in a manner acceptable to the Agency. Generally personal property will not be acquired by the Agency. However, where necessary in the execution of the objectives of this Framework, the Agency may be authorized to acquire personal property in the Investment Area by any lawful means. ---PAGE BREAK--- 10 2. Property Disposition and Development: The Agency may be authorized, by lawful means, to promote the urban renewal of the Investment Area. The Agency may be authorized to demolish and clear buildings, structures, and other improvements from any real property in the Investment Area as necessary to carry out the purposes of this Framework. The Agency may be authorized to install and construct, or to cause to be installed and constructed, the public improvements, public facilities, and public utilities, within the Investment Area which are necessary or desirable to carry out this Framework. The Agency may be authorized to prepare or cause to be prepared as building sites any real property in the Investment Area. The Agency may also be authorized to rehabilitate or to cause to be rehabilitated any building or structure in the Investment Area. Conditioned on approval by the Agency Board, the Agency may be authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, grant or otherwise dispose of any interest in real property within the Investment Area. If such authorization is given, the Agency may be able to dispose of real property by gift, grant, leases or sales by negotiation with or without public bidding. If such authorization is given, all real property acquired by the Agency in the Investment Area may be given, granted, sold or leased to public or private persons or entities for development for the uses permitted by zoning, this Framework, and other plans as appropriate. Real property may be conveyed by the Agency to the City or any other public entity without charge. The Agency may reserve such controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that development is carried out pursuant to this Framework and other associated plans, as applicable. To the maximum possible extent, the objectives of this Framework are to be accomplished through Agency encouragement of, and assistance to, private owners and private enterprise in carrying out development activities. To the extent now or hereafter permitted by law, the Agency may be authorized to pay for, develop, or construct any building, facility, structure, or other improvement either within or outside the Investment Area for itself or for any public entity to the extent that such improvement would be of benefit to the Investment Area. 3. Rehabilitation. Properties determined to be in substandard condition by the City and not otherwise needed for urban renewal may be sufficiently rehabilitated by the property owner or others to insure a remaining economic life of twenty years. 4. Implementation of Development Projects. The Agency and City shall have the right to approve the design and construction documents of all development within the Investment Area to ensure that such activities are consistent with this Framework and applicable zoning and other plans as approved. The City’s Community and ---PAGE BREAK--- 11 Economic Development Department shall notify the Agency of all requests for: zoning changes; design approval; site plan approval or amendments thereto; and building permits within the Investment Area. Development projects within the Investment Area shall be implemented as approved by the Agency and the City. 5. Cooperation with the Community and Public Entities. The community and certain public entities are authorized by state law, with or without consideration, to assist and cooperate in the planning, undertaking, construction, or operation of projects within this Investment Area. The Agency may seek the aid and cooperation of such public entities in order to accomplish the purposes of urban renewal and the highest public good. The Agency, by law, is not authorized to acquire real property owned by a public entity without the consent of the public entity. The Agency, however, will seek the cooperation of all public entities which own or intend to acquire property in the Investment Area. To the extent allowed by law, the Agency shall impose on all public entities owning real property in the Investment Area the planning and design controls contained or referenced herein to the end that uses and any future development by public entities will conform to the requirements of such. 6. Relocation. The relocation rules found in the provisions of the Utah Relocation Assistance Act, Section 57-12-1, et. seq., Utah Code Annotated 1953, as amended, and the relocation rules or guidelines adopted by the Agency's governing board by Resolution #2000-17 on November 14, 2000, as these may be amended from time to time, describe how relocation assistance, if any, will be offered to displaced persons in the event any real property is acquired by the Agency within the Investment Area through the power of eminent domain. The Agency intends that all property needed to be acquired within the Investment Area will be acquired, if possible, by private owners wishing to undertake urban renewal within the Investment Area. The Agency may, upon approval by the Agency Board, acquire real property or interests in real property as permitted by law in order to further the proposed urban renewal within the Investment Area, to implement this Framework and other plans, as applicable, and to remove blight from the Investment Area. Those properties which may be required, upon approval by the Agency Board, to be acquired by eminent domain are shown on the map attached as Exhibit C – Identified Properties and incorporated herein. All other parcels within the Investment Area not described on Exhibit C as eligible for eminent domain will be contractually excluded or excluded by resolution of the Ogden City Redevelopment Agency and therefore may only be acquired by open negotiations between willing sellers and willing buyers (“Qualified Properties”). Possible tools available to facilitate development and investment in the Area may include, but are not limited to, the following programs and tools as more fully described below: ---PAGE BREAK--- 12 1. Community Reinvestment Area (CRA). A Community Reinvestment Area is a flexible tool, allowed for under State law, that provides the Agency the ability to encourage different kinds of new development that the community believes will be beneficial, including mixed-use and retail. A CRA uses tax increment financing, Project Area Plans and Budgets, and development agreements as investment mechanisms to energize stalled investment in an area and to bring about desirable results. The general CRA process does not allow for the use of eminent domain. The approval of a Project Area Plan/Budget and applicable interlocal agreements by the Ogden City Redevelopment Agency Board and various members of the Taxing Entity Committee is required for the use of a CRA. 2. Community Reinvestment Area (CRA) with Eminent Domain A Community Reinvestment Area with Eminent Domain (“CRA_ed”) is a tool, allowed for under State law, that provides the Agency the ability to encourage different kinds of new development that the community believes will be beneficial. Unlike a general CRA, a CRA_ed has the specific objective of identifying and removing blight. A CRA_ed also has the ability to use tax increment financing and development agreements as major investment mechanisms to energize stalled investment in an area and to bring about desirable results. The approval of a Project Area Plan and Budget by the Ogden City Redevelopment Agency Board and the Taxing Entity Committee as a whole is required for the use of a CRA_ed. Because of the significant impact blight has on a community and the difficult task it is to remove it on a large scale, the CRA_ed tool does allow for the use of eminent domain pursuant to the approval of the Agency Board. Though available, eminent domain is usually more expensive, time consuming, and difficult than the alternatives, therefore, it is a seldom exercised tool among redevelopment agencies in Utah. However, the mere availability of its use has produced desirable outcomes that otherwise would not be achievable without it. 3. HELP – Home Exterior Loan Program The HELP program is managed by Ogden City and gives home repair loans to homeowners to preserve and enhance existing homes in Ogden’s vintage neighborhoods. Loans may fund the following exterior improvements and some interior code upgrades, including roofing, driveways, windows and doors, porch repair, fencing, sprinklers and landscaping, painting, electrical, furnace and a/c, water heater, plumbing, and sewer. 4. Emergency Home Repair Program The Emergency Home Repair Program is managed by Ogden City and gives loans to homeowners to make repairs to their home that would correct an unexpected emergency situation threatening the structure and/or the life and health of the household. A maximum of $5,000 is available for each loan. To qualify, participants must have owned their home for at least two years and meet household income requirements. ---PAGE BREAK--- 13 5. Own in Ogden Own in Ogden is a loan program to assist home buyers with the down payment or closing costs of purchasing a home. This program provides $3,000 or $5,000 (based on location) in down payment assistance to target areas within Ogden City. Loans can be used for down payment, closing costs, or principal reduction toward the first mortgage loan balance. 6. Home Sweet Ogden Managed and implemented by the City, the types of properties available under this program include Asset Control Area homes (HUD repossessions that are acquired by Ogden City and remodeled. These homes conform to the applicable building codes as adopted by Ogden City and the state of Utah), Rehabilitations (homes purchased and remodeled by Ogden City), new “Historic” homes (new homes built in Ogden’s older neighborhoods and built consistent with historic styles in the area), and general new construction on infill sites. All properties under the Home Sweet Ogden Program are sold to owner occupants. 7. Unit Reduction Program Loans offered by Ogden City to property owners for renovation of multi-unit apartments back to their original single-family, owner-occupied use. The loan is converted to a grant upon completion of the project. The amount offered is $20,000 per unit removed. 8. Public Infrastructure Funds These funds are made available to Ogden City from state and local sources to be used for street construction and improvements, sidewalks, curb/gutter, right-of-way landscaping and improvements, lighting, signage, and general maintenance. These funds are available to be used for infrastructure within the Investment Area as approved by Ogden City on a fiscal year basis. 9. Federal/State Programs and Grants Though less accessible and generally received on a competitive basis, federal and state monies may be available for public and private investment in the Area. Examples of these sources may include, but are not limited to, New Market Tax Credits, Historic Tax Credits, parks and open space grants, and grants from the Economic Development Administration. 10. Private Investment Known as the most common and effective means of capital, investment from private owners, developers, businesses, and citizens will have the most impactful and long-lasting effect on the Investment Area. The Agency intends that the majority of the investment made within the Area will be made, to the extent possible, by private owners and business/development entities wishing to undertake urban renewal within the Investment Area. ---PAGE BREAK--- 14 Section 5 Description of Potential Projects That Are The Object of the Proposed Urban Renewal The Investment Area contains a portion of the City that is desirable for urban renewal because of: a general recognition by the owners and the public that the Investment Area needs assistance if the area is to become economically viable with an improved quality of life; a recognition and growing support by property owners that this portion of the City needs the reinvestment of private capital to rehabilitate existing buildings or construct new buildings or infrastructure improvements; and the opportunity to attract private investment to improve the area generally. The specific boundaries of the Investment Area were arrived at by the Agency after a review of the Ogden City General Plan, the East Central Community Plan, and the general neighborhood by members of the Agency, City staff, urban renewal consultants, and other technical and legal consultants, as well as input from property owners. Planned treatment of this area is intended to stimulate development to the degree necessary for sound long range economic growth and to encourage the further development of real property located within the Investment Area. The Agency believes, on the basis of public input received by the Agency in discussions with owners of real property within the Investment Area, that one or more urban renewal projects may be undertaken by the Agency or private owners to accomplish the purposes of this Framework. Among the urban renewal projects which the Agency believes are possible are the commercial redevelopment of the old RiteAid/IGA and Wheel Wright Lumber sites situated at approximately 24th and Monroe and the residential infill of property located between 23rd and 24th, Quincy and Monroe (see Exhibit D – Potential Projects). Development of these and other projects will be subject to the terms and conditions set forth in this Framework. Section 6 Ways in Which Private Developers, If any, Will Be Selected To Undertake the Urban Renewal A. Selection of Private Developers The Agency contemplates that owners of real property within the Investment Area will take advantage of the opportunity to develop their property. In the event that owners do not wish to participate in the urban renewal in accordance with this Framework and other plans, as applicable, or in a manner acceptable to the Agency, or are unable or unwilling to appropriately participate, the Agency reserves the right, pursuant to the provisions of applicable laws and conditioned upon the approval of the Agency Board, to acquire parcels, to encourage other owners to acquire other property within the Investment Area, or to select non-owner developers by private negotiation, public advertisement, bidding or the solicitation of written proposals, or a combination of one or more of the above methods, and by doing so to encourage or accomplish the desired urban renewal of the Investment Area. ---PAGE BREAK--- 15 B. Identification of Developers who are Currently Involved in the Proposed Urban Renewal The Agency has been contacted by or has been in contact with some of the current property owners within the Investment Area. However, at the publication of this Framework, there are no current property owners or other interested parties or business entities who have expressed an interest to participate or become a developer of part of the Investment Area. 1. Qualified Owners The Agency may enter into participation agreements with qualified owners within the Investment Area to participate in the urban renewal of the Investment Area. Whether or not the Agency enters into such agreements will depend, in part, upon the interest and ability of the owners to undertake a project in compliance with this Framework and other plans, as applicable. 2. Other Parties Regarding all or any portion of the Investment Area, if qualified owners in the Investment Area, as described above, do not propose urban renewal projects acceptable to the Agency, or do not possess the necessary skill, experience and financial resources, or are not willing or able to appropriately develop or renew all or part of the Investment Area, the Agency may identify other qualified persons who may be interested in developing all or part of the Investment Area. Potential developers may be identified by one or more of the following processes: public solicitation, requests for proposals (RFP), requests for bids (RFB), private negotiation, or some other method of identification approved by the Agency. Section 7 Description of Anticipated Public Benefit to Be Derived From Urban Renewal It is anticipated that the public benefit to be derived from any proposed development that may result from this Framework within the Investment Area will include the following: 1. Beneficial Influences upon the Tax Base of the Community The following benefits are projected to accrue to the tax base of the community and the state as a result of the subject urban renewal: local option sales tax revenue; real property tax revenue; personal property tax revenue; personal income and corporate franchise tax revenue. Revenues from these sources may be eligible to be directly reinvested back into the Area by the Agency and indirectly used to enhance the general services of Ogden City to its citizens. 2. Increased Jobs or Employment Anticipated as a Result of Urban Renewal The types of jobs anticipated to result from any proposed urban renewal is estimated to be full time and part time positions in the fields of construction, service, legal, tax, and other ---PAGE BREAK--- 16 professional industries. The Agency believes that some of the work force relating to any proposed urban renewal will undoubtedly come from the Investment Area, but will likely also come from other areas of the County. Some employees obtaining employment in the Investment Area may wish to relocate to the City due to the quality of life near their job location. Other potential employees may wish to lower expenses by living close to work in an affordable locale. Any proposed development should help provide jobs for anticipated growth in population. 3. Associated Business and Economic Activity Likely to Be Stimulated by Urban Renewal Other direct and indirect benefits will accrue to businesses involved in construction supply, business products, business equipment and furnishing, furniture and furnishings, office supplies, food services, pharmaceutical, and general retail as a result of any proposed urban renewal. Section 8 Appendix The documents listed below provide additional information which may be used in support of this Framework and to help the reader more fully understand the potential of urban renewal within the Investment Area. The documents found in this Appendix are incorporated herein and made a part hereof. Quality Neighborhoods Initiative resolution and supporting documents – 10 pages Ogden Invests in Quality Neighborhoods graphic – 2 pages The Good Work of Redevelopment (White Paper) – 10 pages East Central Community Plan – 44 pages ---PAGE BREAK--- EXHIBIT A Oak Den Area of Investment Map ---PAGE BREAK--- EXHIBIT B Land Use Map ---PAGE BREAK--- EXHIBIT C Identified Properties ---PAGE BREAK--- EXHIBIT D Potential Projects ---PAGE BREAK--- WAIVER OF RIGHT OF EMINENT DOMAIN AGREEMENT (Oak Den Investment Area) THIS WAIVER OF RIGHT OF EMINENT DOMAIN AGREEMENT ("Agreement”) dated (“Reference Date”) is given between Ogden City Redevelopment Agency, a Utah political subdivision ("Agency"), and (collectively, "Owner"). Agency and Owner are referred to collectively herein as the "Parties" and sometimes individually as a "Party." R E C I T A L S: A. Owner is the fee simple owner of an owner-occupied single-family residence (as defined hereinafter) located at: Ogden, Utah (“Property”). B. The Agency is a public body politic, duly created and existing under the laws of the state of Utah and is authorized to transact business and exercise its powers under and pursuant to UTAH CODE ANN. §17C-1-101 et seq. (2016) of the Limited Purpose Local Government Entities – Community Development and Renewal Agencies Act C. The Agency has conducted numerous community outreach activities and, as a result of such activities, has adopted the Community Investment Framework, Oak Den Investment Area dated 2016 (“Framework”), as may be amended from time to time, which Framework contemplates and allows for the designation of an area geographically similar to or within the Area of Investment more fully described in the Framework (“Project Area”), as well as for the adoption of a community reinvestment project area plan (“Plan”) in accordance with the Act. D. The Agency intends to conduct a blight study and include in the Plan, if permissible, a provision allowing for Agency use of the right of eminent domain. E. Through Resolution No. 2016-___ (“Resolution”), the Agency limited its right to acquire properties through the use of eminent domain to only those properties located within the Project Area and listed in the Resolution (“Identified Properties”); (ii) authorized the Executive Director to enter into Real Estate Purchase Contracts to acquire the Identified Properties through negotiation, the preferred manner, or the proper use of the right of eminent domain, if such use becomes necessary and only after following all requirements of the Act; and (iii) also authorized the Executive Director to execute this Agreement with owners of Qualified Properties (as defined below), thereby waiving Agency’s right to acquire Owner’s Property through the use of eminent domain. NOW, THEREFORE, the Parties hereto intending to be legally bound and in consideration of the respective undertakings made and described herein, do agree as follows: 1. Recitals. The above recitals are incorporated herein by reference and made a part hereof. ---PAGE BREAK--- 2. Qualified Property. Owner represents and warrants to the Agency: that Owner occupies the Property as his/her primary residence and (ii) that the Property is currently being occupied as a single-family dwelling. Properties within the Project Area that meet the above requirements shall be referred to as “Qualified Properties.” 3. Waiver. Agency waives its right to use the power of eminent domain with respect to the Owner’s Property during the Waiver Period (as defined below); or (ii) until the Owner sells and transfers the Property; or (iii) until the Property ceases to be owner-occupied, whichever event occurs first. 4. Duration of Waiver. This Agreement shall become effective on the effective date of the Plan (defined as the date on which the Agency adopts the Plan) and shall expire five years thereafter, which is the date the Agency’s right to use eminent domain in the Project Area shall expire (“Waiver Period”). IN WITNESS WHEREOF, the Parties hereto have executed and approved this Agreement on the date set forth opposite their respective signatures below. AGENCY: OGDEN CITY REDEVELOPMENT AGENCY, a body politic and political subdivision of the State of Utah By: Date: Michael P. Caldwell Executive Director ATTEST: Approved as to Form: Secretary Agency Attorney OWNER: Date: Date: ---PAGE BREAK--- RESOLUTION NO. RESOLUTION OF THE BOARD OF THE OGDEN CITY REDEVELOPMENT AGENCY LIMITING THE USE OF EMINENT DOMAIN IN THE PROPOSED OAK DEN COMMUNITY RENEWAL PROJECT AREA AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN WAIVERS OF RIGHT OF EMINENT DOMAIN WITH OWNERS OF QUALIFIED PROPERTIES WHEREAS, the Ogden City Redevelopment Agency (“Agency”) is a separate public body corporate and politic, duly and regularly created, established, organized and existing under and by virtue of the Constitution and laws of the State of Utah; and WHEREAS, the Agency operates and is authorized to transact business and exercise its powers under and pursuant to UTAH CODE ANN. §17C-1-101 et seq. (2016) of the Limited Purpose Local Government Entities – Community Development and Renewal Agencies Act and WHEREAS, the Agency has conducted numerous community outreach activities and, as a result of such activities, has adopted the Community Investment Framework, Oak Den Investment Area dated 2016 (“Framework”), as may be amended from time to time, which Framework contemplates and allows for the designation of an area geographically similar to or within the Area of Investment more fully described in the Framework (“Project Area”), as well as for the adoption of a community reinvestment project area plan (“Plan”) in accordance with the Act; and WHEREAS, in furtherance of designating the Project Area, the Agency expects to conduct a blight study, hold a blight hearing, and include in the Plan, if permissible, a provision allowing the Agency to use the right of eminent domain; and WHEREAS, the Agency has identified the properties listed below which the Agency may purchase or acquire through the use of eminent domain (“Identified Properties”) if the Plan is adopted pursuant to the Act; and WHEREAS, the Agency wants to restrict its right to exercise its power of eminent domain within the proposed Project Area to only the Identified Properties listed below and to authorize the Executive Director to execute a Waiver of Right of Eminent Domain Agreement (“Waiver Agreement”) with owners of qualified properties (as defined below) within the Project Area. NOW, THEREFORE, it is hereby resolved by the Board of the Redevelopment Agency of Ogden City, Utah (“Board”) that: 1. The Identified Properties are listed in Exhibit attached hereto and by this reference made a part hereof; 2. The Executive Director is authorized to execute a Waiver Agreement with property owners of Qualified Properties living within the proposed Oak Den Urban Renewal Project Area. A copy of the Waiver Agreement form is attached hereto as Exhibit and by this reference made a part hereof; ---PAGE BREAK--- 3. A Qualified Property is defined as a property which is not listed as an Identified Property in Exhibit and which is a single-family dwelling located within the Project Area, and (ii) occupied by the owner as his/her primary residence; 4. This Resolution may be modified by the Board at any time and from time to time, in its discretion, but Waiver Agreements executed by the Executive Director shall be binding upon the Agency notwithstanding any changes to or revocation of this Resolution; and 5. This Resolution shall become effective immediately upon its adoption. APPROVED AND ADOPTED the day of 2016. REDEVELOPMENT AGENCY OF OGDEN CITY, UTAH Chair Attest: AGENCY Secretary Approved as to form: LEGAL DATE ---PAGE BREAK--- RESPONSIBILITY RESPONSIVNESS EFFECTIVENESS INFORMED CONSENT - PARTICIPATION OBJECTIVES 1. Establish and maintain the legitimacy of the City and the Project. 2. Establish and maintain the legitimacy of the City's problem solving and decision-making process. 3. Establish and maintain the legitimacy of earlier decisions and assumptions. 1. Even the best neighborhood plan will likely have some negative effects for some people. 2. It is virtually impossible to gain unanimous public support or CONSENSUS of a course of action dealing with complex problems like community development. 3. Informed consent is the willingness of the public to accept a valid course of action based on information and understanding of the issues, even if some of the interested parties disagree with the action. 1. Get to know all the potentially affected interests. 2. Get to see the project through their eyes. 3. Identify and understand problems. 4. Generate alternative solutions. 5. Articulate and clarify key issues. 1. Protect and enhance the credibility of the City. 2. Engage in effective two-way communication so information is received and understood by both parties. 3. Find common ground among polarized interests and depolarize those who are polarized for other reasons.