ORDINANCE
NO.
An ordinance establishing the need for new urban service districts to encourage
economic development in Columbus, Georgia and establishing a procedure for
enactment of the same by the Columbus Council; to provide for temporary ad
valorem tax millage rate abatement; and for other purposes.
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SECTION 1.
Chapter 2 of the Columbus Code is hereby amended by adding a new Article VI to
read as follows:
(a) The Columbus Council finds that certain districts in Columbus,
Georgia have not been subject to growth and development through private
enterprise and would not reasonably be anticipated to be developed without the
approval of new urban service districts which include a district redevelopment
plan to improve property values, reduce poverty, reduce unemployment, relieve
general distress and blight, and to relieve a substantial lack of economic
development. Such districts may also include one or more natural, historical,
or cultural assets which have not been adequately preserved or protected and
such asset or assets would not reasonably be anticipated to be adequately
preserved, protected, or improved without the approval of new urban service
districts and appropriate urban service district redevelopment plans. Urban
service districts may be created by the Columbus Council pursuant to Columbus
Charter Section 1-103 and the provisions of this ordinance.
(b) Each urban service district must be created by an ordinance which includes
a plat of the district and a district redevelopment plan. All parcels included
in any Urban Service District must abut and may not contain a noncontiguous
parcel. Each district so approved shall meet three or more of the following
criteria:
(1) The improvement of some real property in the district is likely to
enhance the value of a substantial portion of the other real property in the
district.
(2) Pervasive poverty shall be evidenced in the district by showing that
poverty is widespread throughout the district and shall be established by using
the following criteria:
A. The poverty rate shall be determined from the data in the most
current of the United States decennial census prepared by the U.S. Bureau of
Census or the American Community Survey and must be at least 13 percent of the
residents of the district;
B. Census geographic block groups with no population shall be treated as
having a poverty rate which meets the standards of subparagraph A. above.
(3) Unemployment shall be evidenced in the district by the use of data
published by the Office of Labor Information Systems of the Georgia Department
of Labor indicating that the average rate of unemployment for the district for
the preceding calendar year is at least 10 percent higher than the state
average rate of unemployment or by evidence of adverse economic conditions
brought about by significant job dislocation within the district such as the
closing of a manufacturing plant or federal facility.
(4) General distress in the district shall be evidenced by adverse
conditions within the district other than those of pervasive poverty and
unemployment. Examples of such adverse conditions include, but are not limited
to, a high incidence of crime, abandoned or dilapidated structures,
deteriorated infrastructure, and substantial population decline.
(5) Underdevelopment in the district shall be evidenced by data
indicating development activities, or lack thereof, through land disturbance
permits, business license fees, building permits, development fees or other
similar data indicating that the level of development in the district is lower
than development activity within the consolidated government.
(6) General distress and blight shall be present in the district and
shall be defined as follows:
A. The presence of structures, buildings, or improvements that by
reasons of dilapidation; deterioration; age; obsolescence; inadequate provision
from ventilation, light, air, sanitation, or open space; overcrowding;
conditions which endanger life or property by fire or other causes; or any
combination of such factors are conducive to ill health, transmission of
disease, infant mortality, high unemployment, juvenile delinquency, or crime
and are detrimental to the public health, safety, morals, or welfare;
B. The presence of a predominant number of substandard, vacant,
deteriorated, or deteriorating structures; the predominance of a defective or
inadequate street layout or transportation facilities; or faulty lot layout in
relation to size, accessibility, or usefulness;
C. Evidence of pervasive poverty, defined as being greater than 10
percent of the population in the area as determined by unemployment rate that
is 10 percent higher than the state average;
D. Adverse effects of airport or transportation related noise or
environmental contamination or degradation or other adverse environmental
factors; or
E. The existence of conditions through any combination of the foregoing
that substantially impair the sound growth of the community and retard the
provision of housing accommodations or employment opportunities.
(c) The owner of each parcel or group of parcels in a designated urban
service district may file an application on a form prescribed by the Director
the Department of Community Reinvestment (?the Director?) for a temporary
millage rate abatement on its real property ad valorem taxes for a period not
to exceed ten (10) years as set forth in paragraph (e) of this section below.
For each application seeking a millage rate abatement, the Director, will
convene a panel consisting of the Deputy City Manager for Planning and
Development and the Director of the Planning Department, or their designees, to
review the application and make an initial determination as to whether or not
the planned acquisition and construction or rehabilitation of the property
meets the definition of a Significant Impact Project, Moderate Impact Project
or Light Impact Project as defined below. Upon determination of the applicable
millage rate abatement category or that the project does not qualify for a
millage rate abatement, the Director will notify the owner or agent of the
panel?s recommendation, and unless the application is withdrawn in writing
within five business days, the Director will present that recommendation to
Council at its next meeting for its acceptance or rejection. At the time of the
presentation, the owner or interested parties to the transaction may also be
heard. After approval of any millage rate abatement by Council, the owner or
his/her agent will negotiate and enter into a developer agreement with the
Director which will contain ascertainable goals and requirements for each year
of the project for which a millage rate abatement is sought and will specify
the conditions triggering the first year of the millage rate abatement as well
as penalties or other provisions for the recapture of millage rate abatements
in the event the goals and requirements of the agreement are not met.
(d) The following definitions shall apply for the purposes of this ordinance:
1. Significant Impact Projects
New construction, adaptive reuse, or renovation with significant rehabilitation
that meets one or more of the following criteria:
A. At least 100 additional single family dwelling units, or
B. A mixed income development with at least 75 additional multifamily
and single family dwelling units with a minimum affordable housing set aside of
10%, or
C. Mixed use development that includes commercial and residential
wherein no fewer than 20 new permanent jobs are created and the residential
component has an affordable housing set aside of at least 10%.
2. Moderate Impact Projects
New construction, adaptive reuse, or renovation of an existing building that
meets one or both of the following criteria:
A. No fewer than 20 new permanent jobs will be created or maintained in
the District; provided however, in order for maintained rather than created
jobs to meet this criteria, 35% of the project investment will finance exterior
renovation, or
B. At least 50 new residential dwelling units are developed with a minimum
affordable housing set aside of 10%.
3. Light Impact Projects
A significant renovation or rehabilitation project which upgrades, replaces or
improves a residential or commercial structure, and meets one or more of the
following criteria:
A. Restores or renovates the fa?ade and structure, of a deteriorated and/or
uninhabitable building to comply with current building code standards and be
consistent with the character of the original structure and/or neighborhood and
such investment shall be equal to or greater than 50% of the appraised value of
the parcel.
B. Removes a blighted uninhabitable residential structure or blighted
commercial structure and replaces it with a new structure of equal or greater
square footage.
C. Upgrades a commercial or multifamily structure to comply with an
industry recognized environmental certification standard approved by the
Director. Such investment shall be equal to or greater than 30% of the
appraised value of the structure.
4. Mixed Income Development
A portion of a development?s units must be reserved for, and made affordable
to, households whose incomes are at least below 80% of the area median.
5. Mixed Use Development
A development that includes residential and commercial/retail uses that are
intended to increase intensity of land uses, increase diversity of land uses
and integrate segregated uses.
6. Adaptive Reuse
A process that adapts buildings for new uses while retaining their historic
features.
7. Affordable Housing Set Aside
A percentage of the total units shall be affordable to households whose incomes
are at least below 80% of the area median income. The affordable units shall be
distributed proportionally throughout the development and phases (where
applicable) and appropriately designed and integrated with market-rate units
throughout the development. Thirty percent (30 %) of affordable units must be
delivered in the first phase and the remainder of the units must be delivered
proportionally based on years of build-out and phasing.
8. Blighted Structure
A structure by reason of dilapidation, deterioration, age, or obsolescence;
inadequate provision for ventilation, light, air, sanitation, or open spaces;
high density of population and overcrowding; existence of conditions which
endanger life or property by fire and other causes; or any combination of such
factors is conducive to ill health, transmission of disease, infant mortality,
juvenile delinquency, or crime and is detrimental to the public health, safety,
morals, or welfare.
9. Permanent Jobs
A job or jobs with no predetermined end date, with a regular work week
of 30 hours or more, and with the same benefits provided to similar employees.
10. Multifamily and Single Family Dwellings
These terms shall be defined as set forth in Section 13.1.1 of Chapter
13 of Appendix A of the Columbus Code (the UDO).
(e) Except as provided herein, any parcel in an Urban Service District will be
taxed at the millage rate set for the entire Urban Service District by Council
each year (?the Default Millage Rate?).the following millage rate abatements
will apply in each abatement category as provided below:
(1) The maximum millage rate for Significant Impact Properties will be seven
(7) mills less than the Default Millage Rate for a maximum period of ten (10)
years.
(2) The maximum millage rate for Moderate Impact Properties will be five (5)
mills less than the Default Millage Rate set for a maximum period of ten (10)
years.
(3) The maximum millage rate for Light Impact Properties will be three (3)
mills less that the default millage rate for a maximum period of ten (10) years.
The assessment of any property at a preferred rate for any year will be
contingent on the Director of the Department of Community Reinvestment
certifying to the Tax Commissioner that the taxpayer is in compliance with any
and all requirements of the developer agreement applicable to the impacted
parcel.
SECTION 2.
Each Urban Service District designated for millage rate abatement to encourage
economic development in accordance with the guidelines of this ordinance shall
be created by a further ordinance specifying its contiguous boundaries and
providing the conditions under which such District will come into being and
cease to exist. A redevelopment plan for each District so created shall be on
file with the Department of Community Reinvestment, and each such ordinance
shall provide for a review by Council every five years of the effectiveness of
that Urban Service District.
SECTION 3.
All ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed; provided however, nothing herein shall be construed to
prevent any existing or future ordinances pertaining to zoning, design review
standards, or other land use regulation from being fully applicable to
properties contained in designated Urban Service Districts.
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Introduced at a regular meeting of the Council of Columbus, Georgia held on the
12th day of March, 2013, introduced a second time at a regular meeting of said
Council held on the ______ day of ___________, 2013, and adopted at said
meeting by the affirmative vote of ______ members of said Council.
Councilor Allen voting____________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Huff voting_____________.
Councilor McDaniel voting_________.
Councilor Pugh voting_____________.
Councilor Thomas voting___________.
Councilor Woodson voting__________.
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TINY B. WASHINGTON TERESA PIKE TOMLINSON
CLERK MAYOR
Attachments
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