CITY of ALBUQUERQUE
TWENTY SECOND COUNCIL
COUNCIL BILL NO. R-16-49 ENACTMENT NO. ________________________
SPONSORED BY: Isaac Benton, by request
RESOLUTION
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Designating The North Corridor Metropolitan Redevelopment Area, Making Certain Findings And Conclusions Pursuant To The Metropolitan Redevelopment Code, And Authorizing And Directing The Metropolitan Redevelopment Agency To Prepare A Metropolitan Redevelopment Plan For The North Corridor Metropolitan Redevelopment Area (Benton, by request)
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DESIGNATING THE NORTH CORRIDOR METROPOLITAN REDEVELOPMENT AREA, MAKING CERTAIN FINDINGS AND CONCLUSIONS PURSUANT TO THE METROPOLITAN REDEVELOPMENT CODE, AND AUTHORIZING AND DIRECTING THE METROPOLITAN REDEVELOPMENT AGENCY TO PREPARE A METROPOLITAN REDEVELOPMENT PLAN FOR THE NORTH CORRIDOR METROPOLITAN REDEVELOPMENT AREA.
WHEREAS, Section 3-60A-8 NMSA 1978 of the Metropolitan Redevelopment Code (“MR Code”) (Sections 3-60A-1 through 3-60A-48 NMSA 1978) states: “A municipality shall not prepare a metropolitan redevelopment plan for an area unless the governing body by resolution determined the area to be a slum area or a blighted area, or a combination thereof, and designated the area as appropriate for a metropolitan redevelopment project.”; and
WHEREAS, the City of Albuquerque (“City”) and the Metropolitan Redevelopment Agency (“MRA”) of the City’s Planning Department and their employees and agents, have for some time, engaged in a study of blighted areas within the City and have submitted their findings and conclusions concerning the area detailed in the North Corridor Metropolitan Redevelopment Area (“North Corridor MR Area”) Designation Report, which is attached as Exhibit A to this Resolution and incorporated herein by reference; and
WHEREAS, pursuant to Section 30-60A-8 NMSA 1978 of the MR Code, the Council caused to be published in the Albuquerque Journal, a newspaper of general circulation, a notice containing a general description of the proposed North Corridor MR Area and the date, time and place where the Council will hold a public hearing to consider the adoption of this resolution and announcing that any interested party may appear and speak to the adoption of this resolution; and
WHEREAS, the Albuquerque Development Commission held an advertised public meeting on February 18, 2016, took testimony from the public, and recommended to the Council the designation of the North Corridor MR Area, as set forth in the Designation Report attached to this Resolution as Exhibit B; and
WHEREAS, the Council has considered the Designation Report, including Findings, Determinations and Conclusions in addition to the questions and comments submitted by members of the public concerning the proposed North Corridor MR Area.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The City Council makes the following Findings of Fact with respect to the designation of the North Corridor MR Area:
A. The North Corridor MR Area is shown on the map attached hereto as Exhibit A. The boundary of the North Corridor MR Area includes properties that are not residentially zoned for single family use within the area bounded by Granite Avenue on the south, the railroad tracks on the east, typically one property deep on the west side of 4th Street, and the commercial properties that line Montaño Road. There are additional commercial properties included at the intersections of major roads with 4th Street and along 4th Street to the northern City limits.
B. The North Corridor MR Area has exhibited the following conditions: (1) Business Turnover: The North Corridor MR Area displays high levels of business turnover and a total reduction in the number of businesses operating in the area since 1999; (2) Crime: The area has been subject to property and violent crime; (3) Public Infrastructure: Much of the existing infrastructure has started to deteriorate, has out-lived its usefulness or is out of date; (4) Private Property: Some private property in the North Corridor MR Area is uninviting, unkempt or unappealing, and there are vacant lots interspersed among developments; (5) Household Income: Based on Block Group Data from the US 2010 Decennial Census, the median income within and near the North Corridor MR Area is significantly below the City’s area median income. These conditions have led to the North Corridor MR Area having the following conditions of blight as defined by the MR Code: (1) A significant number of commercial or mercantile businesses that have closed or significantly reduced their operations due to the economic losses or loss of profit due to operating in the area; (2) Low levels of commercial activity or redevelopment or any combination of such factors; (3) Conditions that substantially impair or arrest the sound growth and economic health and well-being of a municipality or locale within a municipality; or (4) An area that retards the provisions of housing accommodations or constitutes an economic or social burden and is a menace to the public health, safety, morals or welfare in its present condition and use.
C. The rehabilitation, conservation, redevelopment or development, or a combination thereof, of and in the North Corridor MR Area is necessary in the interest of the public health, safety, morals or welfare of the residents of Albuquerque.
SECTION 2. In accordance with the requirements of Section 3-60A-8 NMSA 1978, the Council hereby designates the area that is described in Section 1.A above, and shown in the official North Corridor MR Area boundary map attached hereto as Exhibit A, to be a ‘metropolitan redevelopment area’ as defined by Section 3-60A-4 (M) NMSA 1978 and finds it to be appropriate for a metropolitan redevelopment project or projects. This area shall be referred to as the North Corridor MR Area to distinguish it from other metropolitan redevelopment areas.
SECTION 3. The MRA of the Planning Department is hereby authorized and directed to prepare a Metropolitan Redevelopment Plan, as defined by Section 3-60A-4 (N) NMSA 1978, for the North Corridor MR Area, which, without limitation, shall: (1) Seek to eliminate the problems created by the blighted conditions of the area; (2) Conform to and coordinate with the Albuquerque/Bernalillo County Comprehensive Plan, any applicable Rank 2 and 3 plans, and any other applicable plans or policies; and (3) Be sufficient to indicate the proposed activities to be carried out in the area, including, but not limited to, any proposals for land acquisition, redevelopment, improvements, rehabilitation and conservation and the plan’s relationship to definite local objectives respecting land uses, improved traffic patterns and controls, public transportation, public utilities, recreational and community facilities, housing facilities, commercial activities or enterprises, and other public improvements.
SECTION 4. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this resolution is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this resolution. The Council hereby declares that it would have passed this resolution and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provisions being declared unconstitutional or otherwise invalid.
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