HomeMy WebLinkAboutOrdinance 2997-07 /rA.
ORDINANCE NO. 2 9 9 7 -07
An Ordinance creating the Everett Riverfront Revenue Development Area pursuant to
Chapter 39.102 RCW (Local Infrastructure Financing Tool Program)
WHEREAS, Chapter 39.102 RCW, (Chapter 181, Laws of 2006, as amended by Chapter
229, Laws of 2007, (collectively the "Act")) provides that a sponsoring local government may
create and adopt a revenue development area within which certain specified public
improvements may be financed through the allocation of various property and excise taxes, as set
forth in the Act; and
WHEREAS, subject to approval by the Community Economic Revitalization Board
("CERB"), the Act provides the City of Everett ("City") with the opportunity to demonstrate the
benefits of the Local Infrastructure Financing Tool ("LIFT") a limited form of tax increment
financing, which has been used successfully in states throughout the nation to promote positive
economic development; and
WHEREAS, redeveloping Everett's riverfront on the Snohomish River will provide
numerous benefits for all of Snohomish County and to the region. These benefits include: (1)
promoting mixed-use redevelopment that will help generate new family-wage jobs; (2) providing
an area for both housing and business development to occur in a manner that helps preserve the
County's limited supply of agricultural and natural resource lands; (3) helping reduce traffic
congestion by allowing more people to live near where they work—instead of having to
commute long distances; (4) facilitating remediation of environmental contamination within the
site to a standard suitable for mixed-use redevelopment; (5) creating a productive,
environmentally-conscious community with opportunities for recreation, education, shopping,
living, working and entertainment; and (6) facilitating the creation of valuable public recreational
and educational resources, including access to the river and wetlands; and
WHEREAS, a revenue development area would provide significant assistance in
carrying out the cooperative redevelopment of Everett's riverfront; and
WHEREAS, the Act requires the City to create a revenue development area, subject to
provisions of the Act, to qualify for a state contribution up to a total amount of one million
dollars per year; and
WHEREAS, the City Council determines that 2008 should be used as the base year from
which to measure the incremental future taxes for purposes of the Act; and
WHEREAS, in order to create a revenue development area, a sponsoring local
government must adopt an ordinance consistent with the requirements RCW 39.102.090; and
WHEREAS, prior to passage of this ordinance, the City Council held a public hearing on
May 9, 2007 notice of which was published in the Everett Herald, the legal newspaper of general
circulation within the proposed revenue development area, at least ten days before the public
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hearing, and notice of which was posted in at least six conspicuous public places located in the
proposed revenue development area(see Attachment A); and
WHEREAS, notice of the pubic hearing in the form attached as Attachment A was sent
by United States mail to the property owners, community-based organizations, and business
enterprises listed on Attachment B, incorporated herein by reference, such notices being sent at
least thirty days prior to the public hearing; and
WHEREAS, a certified copy of the proposed form of this ordinance was delivered to the
Washington State Community Economic Revitalization Board and to the Washington
Department of Revenue; and
WHEREAS, the City Council heard testimony at the public hearing and carefully
considered the comments and opinions presented; and
WHEREAS, the City Council finds that this Ordinance complies with the Act and that
the creation and adoption of a revenue development area with the boundaries described in
Attachment C (the "Everett Riverfront RDA") is in the best interest of the City of Everett and its
citizens;
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1. Incorporation of Recitals and Attachments. The recitals set forth above
are incorporated herein by reference as if set forth in this section in full. All attachments to this
ordinance are incorporated herein by reference.
Section 2. Description of Public Improvements. The public improvements currently
estimated to be made in the Everett Riverfront RDA are described in Attachment D ("Public
Improvements"). This list does not imply City Council approval of any specific projects at this
time. City Council will consider and finalize the list of approved public improvements as part of
the development agreement between the City and the private developer of the Everett Riverfront
area.
Section 3. Description of Boundaries. The City Council adopts the boundaries of the
Everett Riverfront RDA as described and depicted in Attachment C.
Section 4. Estimates of Costs. As further described in Attachment D, the current
estimated cost of the Public Improvements is approximately $36 million in 2007 dollars, and the
current estimated portion of this cost to be financed by local infrastructure financing, including
LIFT State funding and local government LIFT contributions consistent with the Act, is $14
million (or approximately 38%) to be received over 25 years.
Section 5. Time of Tax and Revenue Collection. The estimated time during which
local excise tax allocation revenues, local property tax allocation revenues, and other revenues
from local public sources are to be used as part of the local infrastructure financing for the
Everett Riverfront RDA is 25 years (2010 - 2035).
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Section 6. Date for Commencement of use of Revenues. The City's use of local
excise tax allocation revenues and local property tax allocation revenues with respect to the
Everett Riverfront RDA is anticipated to commence on January 1, 2010.
Section 7. Findings Required by RCW 39.102.070 of the Act. The City Council
finds and determines that the conditions of RCW 39.102.070 are met with respect to the Everett
Riverfront RDA. Specifically, the City Council finds and determines that:
(a) No funds will be used to finance, design, acquire, construct, equip,
operate, maintain, remodel, repair, or reequip public facilities funded with taxes collected under
RCW 82.14.048;
(b) The Public Improvements are projects that are or will be identified within
the capital facilities, utilities, housing, or transportation elements of the City's comprehensive
plan under Chapter 36.70A RCW or are historic preservation projects under RCW 39.89.020;
(c) The Public Improvements are expected to encourage private development
within the RDA and to increase the fair market value of real property within Everett Riverfront
RDA;
(d) The City has entered into a contract with a private developer relating to
the Everett Riverfront RDA;
(e) Private development is anticipated to occur within the Everett Riverfront
RDA, as a result of the public improvements, which will be consistent with the countywide
planning policy adopted by Snohomish County under RCW 36.70A.210 and the City's
comprehensive plan and development regulations adopted under Chapter 36.70A RCW;
(0 The local infrastructure financing with respect to the Everett Riverfront
RDA is not expected to be used for the purpose of relocating a business from outside the RDA
but within Washington State, into the RDA, and the Everett Riverfront will improve the viability
of existing business entities within the Everett Riverfront RDA;
(g) The Public Improvements are reasonably likely to (i) increase private
residential and commercial investment within the Everett Riverfront RDA; (ii) increase
employment within the Everett Riverfront RDA; (iii) improve the viability of existing
communities that are based on mixed-use development within the Everett Riverfront RDA; and
(iv) generate, over the period of time that local option sales and use taxes will be imposed under
RCW 82.14.475, state excise tax allocation revenues and state property tax allocation revenues
(as defined in the Act) derived from the Everett Riverfront RDA that are equal to or greater than
the respective state contributions made under the Act; and
(h) The local infrastructure financing will be used only in the Everett
Riverfront RDA, which is an area deemed by the City to be in need of economic development or
redevelopment and is within the City's boundaries.
Section 8. Findings Required by RCW 39.102.080 of the Act. Pursuant to RCW
39.102.080, the estimated impact of the Everett Riverfront RDA on small business and low-
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•
income housing, and the mitigation plan relating thereto, is attached as Attachment E is hereby
adopted.
Section 9. General Authorization. The Mayor and other appropriate City officers are
each hereby authorized and directed to do such things as may be necessary and appropriate in
order to carry out the terms and provisions of, and complete the transactions contemplated by,
this ordinance, including without limitation all actions necessary to apply for prompt approval by
the CERB, of the Everett Riverfront RDA and the use of Local Infrastructure Financing under
Chapter 39.102 RCW.
Section 10. Section Headings or Captions. The section headings or captions of this
ordinance are for convenience of reference only, and shall not be used to resolve any question of
interpretation of this ordinance.
Section 11. Severability. If any one or more of the covenants or agreements provided
in this ordinance to be performed on the part of the City shall be declared by any court of
competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or
agreements, shall be null and void and shall be deemed separable from the remaining covenants
and agreements in this ordinance and shall in no way affect the validity of the other provisions of
this ordinance.
Section 12. Ratification of Prior Acts. All acts taken pursuant to the authority of this
ordinance but prior to its effective date are ratified and confirmed.
Section 9. Authority to Correct Scrivener's Errors. The City Clerk and the codifiers
of this Ordinance are authorized to make necessary corrections to this Ordinance including, but
not limited to, the correction of scrivener's clerical errors, references, ordinance numbering,
section/subsection numbers and any references thereto.
RAY$ EPHAN N, MAYOR
ATTEST:
j&iitiLitn\
SHARON MARKS, CI Y CLERK
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Passed: 6/13/07
Valid: 6/13/07
Published: 6/16/07
Effective: 6/28/07
ORDINANCE ATTACHMENTS
A Notice of Public Hearing (Everett Herald, posted in public places, mailed)
B List of property owners, community-based organizations, and businesses mailed notice of
public hearing
C Everett Riverfront RDA boundaries
D Estimated public improvement projects
E Small business and low-income housing impact assessment and mitigation plan
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ATTACHMENT A
Notice of Public Hearing
(Everett Herald, posted in public places, mailed)
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CITY OF EVERETT, WASHINGTON
PROPOSED EVERETT RIVERFRONT REVENUE DEVELOPMENT AREA FORMATION
NOTICE OF PUBLIC HEARING
NOTICE IS HERBY GIVEN that the EVERETT CITY COUNCIL will hold a public hearing on a
proposal to designate the Everett Riverfront Revenue Development Area ("RDA") to fund or partially
fund public improvements within the proposed RDA and secure a matching state contribution for these
improvements.
The Public Hearing will be held as follows:
Date: Wednesday, May 9, 2007
Time: 8:30 a.m.
Place: City Council Chambers, 3002 Wetmore Ave,Everett, Washington, 98201
The purpose of the meeting is to take public testimony on the following:
Washington State has enacted new legislation creating the Local Infrastructure Financing Tool ("LIFT').
The LIFT Legislation authorizes a local government to pass an ordinance designating a Revenue
Development Area ("RDA") within which certain public infrastructure improvements may be financed
through the allocation of various property and excise taxes. By designating an RDA as proposed,
Everett can apply for a state contribution of up to $1,000,000 per year for 25 years to be used for
repayment of bonds issued to finance eligible public improvements within the RDA. The RDA
boundaries are described in the map below. NOTE: This proposal will not increase tax rates for
property owners.
Everett intends to cooperate with the state agencies or possibly local governments in this endeavor to
obtain the benefits of LIFT and to promote positive economic development in Everett's Riverfront area.
This effort is intended to provide numerous benefits for the City and all of Snohomish County. These
benefits will include:
♦ promoting a mixed-use redevelopment that will generate new jobs.
• providing an area for both housing and business development to occur in a manner that helps
preserve the County's limited supply of agricultural and resource lands.
• helping to reduce traffic congestion by allowing more people to live where they work.
The contemplated eligible public improvements within the Riverfront RDA include roads, bridges,
trails, parks, public transit facilities, and utilities, all of which are needed both to support economic
development and to improve the quality of life for City and County residents. The total cost of the
improvements is estimated at approximately $36 million. Approximately $14 million, including State
and the City's matching contributions, is estimated to be borne by LIFT-related funding, representing
approximately 38% of the overall cost of the eligible public improvements within the Riverfront RDA.
Other resources available to finance the eligible public improvements within the Riverfront RDA
include general funds, land-sale proceeds, solid-waste funds, and possible state and federal grant funds.
The estimated period during which LIFT is contemplated to be used is 25 years, commencing on July 1,
2010 and concluding in 2035.
50797168.3
As required by the LIFT legislation, the City of Everett has evaluated the prospective impact the RDA
and the public improvements may have on small businesses and low-income housing within the
proposed RDA. The City of Everett's housing inventory indicates that there are currently no housing
units within the proposed RDA, hence no low-income housing will be displaced as a result of the RDA.
The City recognizes the importance of an adequate supply of low-income housing throughout the City
and, where possible, the City's partnerships with non-profit agencies will continue to add to the supply
of low-income housing units within the City of Everett. Accordingly, the City has not developed a
mitigation plan for housing within the RDA.
It is reasonable to assume that most small businesses will be positively impacted by the creation of the
RDA and the subsequent development within the area. Although the overall impact is expected to be
positive, some small businesses located within the RDA may be at risk of eventual displacement. There
are five small businesses located within the proposed RDA, but they are not located on property
included in current redevelopment plans and therefore are not currently at risk for displacement. In an
effort to minimize any impacts to those small businesses that may be negatively affected by the RDA,
the City of Everett is committed to providing services to small businesses, as outlined in the mitigation
plan referenced below.
The following information is provided for your review and reference at
http://www.ci.everett.wa.us/default.aspx?ID=1075. These materials show how the RDA will meet the
limitations,conditions, and findings required by RCW 39.102.060 through RCW 39.102.080.
1. Engrossed Second Substitute House Bill 2673 (Chap. 181, Laws of 2006), an act creating
LIFT
2. Draft Everett Riverfront Revenue Development Area Ordinance
3. Estimated Public Improvement Projects
4. Low-income Housing and Small Business Impact Analysis and Mitigation Plan
5. Riverfront RDA Process Documentation Summary
The public is invited to attend the public hearing to testify on the proposal. Written comments may also
be submitted at the public hearing, or, prior to the date of the hearing, comments may be submitted
directly to the Everett City Council's Administrative Coordinator, 2930 Wetmore, Suite 9A, Everett,
WA, 98201. All comments received prior to the date of the hearing will be provided to the City Council.
If you have questions regarding the proposal,please contact Brian Jones at 425-257-8922. We strive to
provide special accommodations for individuals with disabilities. Please contact our office as soon as
possible if special accommodations are needed.
"CIVIL RIGHTS ACT OF 1964, TITLE VI STATEMENT TO THE PUBLIC: The City of Everett
hereby gives public notice that it is policy of the City to assure full compliance with Title VI of the Civil
Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations in all
its programs and activities. Persons wishing information regarding the City's Title VI compliance may
call 425-257-8922, Title VI Specialist for the City's Engineering and Public Services Department."
Published:
50797168.3
CITY OF EVERETT S
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ATTACHMENT B
List of property owners, community-based organizations,
and businesses mailed notice of public hearing
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Use Avery®TEMPLATE 5960TM "�� 1-800-GO-AVERY
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WA STATE OF PARKS & REC TABER DONALD & ERICA NEWLAND CONSTRUCTION CO
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P 0 BOX 958 2707 COLBY AVE STE 1208 PO BOX 961089
EVERETT, WA 98206 EVERETT, WA 98201 FORT WORTH, TX 76161
BURLINGTON NORTHERN RR CITY OF EVERETT- CITY CLERK EVERETT PORT OF
1700 E GOLF RD 2930 WETMORE AVE PO BOX 538
SCHAUMBURG, IL 60173 EVERETT, WA 98201 EVERETT, WA 98206
TULALIP TRIBES - DARYL WILLIAMS STUCHELL ENTERPRISES INC YMCA OF SNOHOMISH COUNTY
6700 TOTEM BEACH ROAD 2707 COLBY AVE STE 1208 2720 ROCKEFELLER AVE
TULALIP, WA98271-9694 EVERETT, WA 98201 EVERETT, WA 98201
ALEXANDER ALEX G DIVERSIFIED INDUSTRIES DIVERSIFIED INDUSTRIES
3914 52ND ST SE 2931 36TH ST 2915 36TH ST
EVERETT, WA 98205-2614 EVERETT, WA 98201 EVERETT, WA 98201
WRECKING BALL DEMO BDZ CONSTRUCTION BSR HEAVY EQUIPMENT
3310 CHESTNUT ST 3207 PACIFIC AVE 3206 PACIFIC AVE
EVERETT, WA 98201 EVERETT, WA 98201 EVERETT, WA 98201
CARMA COLLINS SEAN EDWARDS MS. LOUISE STANTON-MASTON
LOWELL NEIGHBORHOOD PORT GARDNER NEIGHBORHOOD EVERETT AREA CHAMBER OF
7720 LARIMER ROAD 3503 OAKES AVE COMMERCE
EVERETT, WA 98203 EVERETT, WA 98201 2000 HEWIT'AVE STE 205
EVERETT, WA 98201
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ATTACHMENT C
Everett Riverfront RDA boundaries
(Legal Description and Map)
-8-
Legal Description for the Riverfront Revenue Development Area
All of that portion of Sections 20, 29 and 32 of Township 29N, Range 5E, W.M. in
Snohomish County, Washington as follows:
Beginning at the intersection of the easterly projection of the north right-of-way
line of Pacific Avenue as per the Plat of the Everett Land Company's First
addition to Everett, as recorded in Volume 3 of Plats, Page 20, Records of
Snohomish County, Washington, and the eastern right-of-way line of Washington
State Route 5 (aka Interstate 5); THENCE easterly along said easterly projection
of the north right-of-way line of Pacific Avenue to its intersection with a line
drawn parallel with and 25 feet southeasterly of, as measured at right angles to,
the centerline of the Burlington Northern Railroad Company's main line track as
located and constructed 12/12/1988; THENCE northeasterly parallel with the
centerline of said main line track to a point of intersection with the north line of
Section 29, Township 29N, Range 5E, W.M.; THENCE westerly along said line to
the westernmost corner of Lot 13, Block 700, Plat of Swalwell's 1st Addition to
Everett, as recorded in Volume 2 of Plats, Page 103, Records of Snohomish
County, Washington; THENCE northeasterly along the northwestern line of said
Block 700 to a point on said line 10.82 feet northeasterly of the northwest corner
of lot 12 in Block 700 of said plat; THENCE S42°50'00"E parallel with the line
common to lots 11 and 12 in said plat to the point of intersection with the north
line of Section 29, Township 29N, Range 5E, W.M.; THENCE southeasterly to a
point that bears S47°06'00W 64.697 feet from the Meander Corner on the left
bank of the Snohomish River on the common section line between Sections 20
and 29, Township 29N, Range 5E, W.M.; THENCE N42°50'00"W 6.508 feet to a
point that is 15 feet at right angles to the centerline of the Old CM&SP Railroad
track; THENCE S47°06'00"W parallel with said railroad track 242.318 feet;
THENCE along a spiral curve to the left with an angle of 00°09'13" a distance of
7.682 feet; THENCE S43°02'13"E to the approximate centerline of the
Snohomish River Waterway, said approximate centerline also being the city limit
boundary line of the City of Everett; THENCE southerly along the approximate
centerline of the Snohomish River Waterway to its intersection with the
southeasterly projection of the south line of Lot 27, Plat of Everett Tide Lands,
Section NO. 3; THENCE northwesterly along the said projected south line of Lot
27, Plat of Everett Tide Lands, Section NO. 3, and its northwesterly projection
thereof, to its intersection with the north line of the SW1/4, SE1/4 of Section 32,
Township 29N, Range 5E, W.M.; THENCE westerly along the north line of the
SW1/4, SE1/4 of Section 32, Township 29N, Range 5E, W.M. to the center
section line of said Section 32, Township 29N, Range 5E, W.M.; THENCE
northerly along the center section line of Section 32, Township 29N, Range 5E,
W.M. to its intersection with the south section line of Section 29, Township 29N,
Range 5E, W.M.; THENCE northerly along the center section line of Section 29,
Township 29N, Range 5E, W.M. to its intersection with the southeastern right-of-
way line of Washington State Route 5 (aka Interstate 5); THENCE northerly
along the eastern right-of-way line of Washington State Route 5 (aka Interstate
5) to the Point of Beginning.
ATTACHMENT D
Estimated public improvement projects
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ATTACHMENT D
Estimated public improvement projects
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Riverfront Revenue Development Area (RDA) Public Improvements
Estimated Range Possible Outside
Project of Total Cost Projected Schedule Funding Sources
Northern Gateway Street Improvements $3 to $4 million Design 5/07- 10/07 CTED/CERB; EDD
(Pacific Avenue to 36th Street) Construction 9/08-2/10
Simpson Access Bridge and Roundabout $9 to$11 million Design 2/07- 12/07 None
Construction 2/08- 12/10
Public Amenities (including urban park), $15 to $21 million Design 2/08-7/10 Federal Corps Sec. 206
Wetland Enhancements,Trails Construction 3/09-3/11 (design
and construction of 8 project
elements)
Estimated Range of Total Cost for
All Projects $27 to$36 million
Estimated Amount of Project Cost
to be Financed with LIFT Funding
(State Contribution+City Matching Funds) $14 million
ATTACHMENT E
Small business and low-income housing impact assessment and mitigation plan
-10-
Everett's Riverfront Revenue Development Area
Low-Income Housing and Small Business
Impact Analysis and Mitigation Plan
Section 206 (a. and b.) of Engrossed Second Substitute House Bill (ESSHB) 2673
(Chapter 181, Laws of 2006) requires the City of Everett to estimate the impact the
proposed Riverfront Revenue Development Area may have low-income housing and
small businesses located within the boundaries of the RDA, and develop a mitigation
plan to address any impacts. The following information is offered in fulfillment of this
requirement.
Low-income Housing Within the Riverfront RDA
The City of Everett's housing inventory indicates that there are currently no housing
units within the proposed RDA, hence no low-income housing will be displaced as a
result of the RDA. The City recognizes the importance of an adequate supply of low-
income housing throughout the City and, where possible, the City's partnerships with
non-profit agencies will continue to add to the supply of low-income housing units within
the City of Everett. Accordingly, the City has not developed a mitigation plan for
housing within the RDA.
Impact on Housing Price Mix
While redevelopment will not impact housing stock within the RDA, as there is none, the
redevelopment of property within the RDA is likely to cause property values in the
vicinity of the RDA to rise, including residential property values. In areas where more
intensive uses are allowed, such as in the Broadway commercial corridor, or multiple
family zoned neighborhoods west of Broadway, existing lower value residential uses may
be redeveloped with land uses with higher values. It is not possible to determine the
amount of such conversion that could be attributable to redevelopment within the RDA.
In addition, this type of redevelopment in the vicinity of the RDA is likely to occur
incrementally as land values generally increase in Everett, with or without the RDA or
riverfront redevelopment.
Small Businesses Within the Riverfront RDA
It is reasonable to assume that most small businesses will be positively impacted by the
creation of the RDA and the subsequent development within the area. Although the
overall impact is expected to be positive, the five small businesses located within the
RDA may be at risk of eventual displacement. The five small businesses within the RDA
are Diversified Industries, Newland Construction, Wrecking Ball Demolition, BDZ
Construction, and BSR Heavy Equipment. These small businessesare located within the
proposed RDA, but they are not located on property included in current redevelopment
plans and therefore are not currently at risk for displacement.
Mitigation Plan For Small Business Within Riverfront RDA
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In an effort to minimize impacts to those small businesses that may be negatively
affected by the RDA, the City of Everett is committed to providing services to small
businesses, as outlined in the following mitigation plan:
> Economic development officials will meet with any interested business owners to
evaluate possible means of support.
> When requested and where possible, interested businesses owners will be
referred to those who have access to an inventory of other available commercial
property within the City.
> The City will continue with its support of Everett Chamber of Commerce and
possibly other agencies that support small businesses.
> The Everett Chamber in partnership with the city, will determine the needs of the
businesses potentially impacted and assist as appropriate with support for
additional marketing resources, broadcast communications to Chamber members
to alert them to changes in status of the business impacted, etc.
> If relocation of a business is eminent, the Chamber will offer information and
resources to the company's employees facing displacement or relocation and will
inform employees of carpool, vanpool and bus transit options.
> The City will assure ongoing physical access to existing business during the
Riverfront redevelopment activities.
> The City will provide public notices and other information regarding Riverfront
redevelopment activities.
> The City will work with property owners to create a land use plan (planned
development overlay) for the RDA that allows for a complementary mix of land
uses that will further enhance the value of the Riverfront properties.
• The Port of Everett currently owns the property upon which Diversified Industries
is located. If the Port sells the site for redevelopment, the City has set aside
$175,000 in Community Development Block Grant funds to assist with the
relocation of this non-profit business. The Port of Everett may also be obligated
to provide some relocation assistance to this business.
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