HomeMy WebLinkAbout13425RESOLUTION NO. 13,425
A RESOLUTION TO APPROVE THE REVISED LAND BANK
PRIORITIES AND POLICIES AS GUIDELINES FOR ACQUISITION AND
DISPOSITION; AND FOR OTHER PURPOSES.
WHEREAS, on March 3, 2009, pursuant to Resolution No. 12,944, the Board of Directors approved
the Land Bank's "Mission Statement" and "Priorities and Policies for Property Acquisition and
Disposition" (hereinafter, "Priorities and Policies ") as guidelines for land transfers through the Land Bank
Program; and,
WHEREAS, upon thorough review of the Priorities and Policies, the Commission noted typographical
and grammatical errors, procedural deficiencies, and formatting inconsistencies; and,
WHEREAS, the Commission made revisions to correct the typographical and grammatical errors,
address procedural deficiencies, and apply consistent formatting to the Priorities and Policies, a copy of
which is attached as Exhibit A; and,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1. The Board of Directors hereby approves the Land Bank Priorities and Policies for
Acquisition and Disposition as revised, as guidelines to be followed in the transfer of property through the
Land Bank Program.
Section 2. Severability. In the event any title, section, paragraph, item sentence, clause, phrase or
word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
effect a if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
ordinance.
Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with
the provisions of this resolution are hereby repealed to the extent of such inconsistency.
ADOPTED: January 17, 2012
APPR VED:
t- J/��IIW
Dean puris, Vice Mayor
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, C Attorney
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
Exhibit A
LITTLE ROCK
LAND BANK COMMISSION
PRIORITIES AND POLICIES
FOR
PROPERTY ACQUISITION AND DISPOSITION
As approved by the Board of Directors on:
Contents
Section page
Policies Governing the Acquisition of Properties
2. Priorities Concerning the Disposition of Properties 2
Factors in Determining Consideration Due Upon Transfers
4. Side Lot Disposition Program 4
Land Transfers
6. Donation Policy 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
The acquisition and disposition of properties acquired by the Little Rock Land Bank
Commission (the "LBC ") shall be guided by the following these basic Priorities and Policies.
These Priorities and Policies also establish procedures for LBC staff (the "Staff') to administer
applications for acquisition and disposition of LBC properties. Any applicant who applies for
acquisition of LBC property and has their application denied by Staff may appeal the denial to
the LBC by submitting, within thirty (30) days of notice from Staff to the applicant of the denial
of their application, a letter stating their desire to appeal Staff's decision to the LBC Board.
The acquisition, use, and disposition of such properties shall at all times be consistent with the
authority granted by the Constitution of Arkansas, the laws of the State of Arkansas, the
Ordinance No. 19.911 by the City of Little Rock, the articles of incorporation and bylaws of
the LBC, and the public purposes set forth therein. If there is any conflict between Ordinance
No. 19.911 by the City of Little Rock, the articles of incorporation and bylaws of the LBC and
these Priorities and Policies then these Priorities and Policies shall be interpreted in such a way
that they do not limit or restrict the authority of the LBC. These Policies and Procedures are
guidelines to be followed by City Staff.
1. Policies Governing the Acquisition of Properties
In determining which, if any, properties shall be acquired by the LBC, the LBC shall give
priority to properties located in focus neighborhoods, as determined by the LBC, and shall give
consideration to the following factors:
1. Proposals and requests by nonprofit corporations that identify specific properties for ultimate
acquisition and redevelopment.
2. Properties that are subject to a City lien for code violations, and can be foreclosed on by the
City.
3. Proposals and requests by governmental entities that identify specific properties for ultimate
use and redevelopment.
4. Proposals and request by private developers that identify specific properties for acquisition
and redevelopment.
5. Input from citizens and neighborhoods.
6. Properties that are considered vacant and abandoned property.
7. Properties that are delinquent on their ad- valorem real property taxes.
8. Properties that are environmentally contaminated where funds have been secured for the
clean -up and reuse of the property.
9. Properties that are available through donation by a private owner.
10. Properties that are bank - foreclosed.
I 11. Properties that would allow for the creation or expansion of green space.
2
3 12. Improved properties that are the subject of an existing order for demolition of the
4 improvements and properties that meet the criteria for demolition of improvements.
5
6 13. Non - conforming, undevelopable vacant properties for which the best use would be to place
7 the property into the Side lot Disposition Program.
8
9 14. Properties that would form a part of a contiguous or scattered land assemblage development
10 plan.
11
12 15. Properties that will result in planned development that benefits the community.
13
14 2. Priorities Concerning the Disposition of Properties
15
16 The disposition of properties shall be based upon a combination of three factors. The first
17 factor involves the intended or planned use of the property. The second factor considers the
18 nature and identity of the transferee of the property. The third factor addresses the impact of
19 the property transfer on the short- and long -term neighborhood and community development
20 plans. The priorities in each factor are not in any particular rank or order.
21
22 The disposition of any given parcel will be based upon an assessment of the most efficient and
23 effective way to maximize the benefit to the community. The LBC Board and Staff of the LBC
24 shall at all times retain flexibility in evaluating the appropriate balancing of the priorities for the
25 use of property, priorities as to the nature of the transferee of properties, and priorities
26 concerning neighborhood and community development.
27
28 Priorities for Use of Property
29
30 1. Develop affordable housing
31
32 2. Support homeownership
33
34 3. Market rate housing development
35
36 4. Social service providers
37
38 5. Side lots
39
40 6. Development of public green space (parks and gardens)
41
42 7. Retail and commercial development
43
44 8. Multi- family rental development
45
46 9. Tax - exempt institutions
47
48 10. Development of rental housing
1
2 11. Public uses and buildings
3
4 12. Planned Unit Development (ownership)
5
6 13. Historic preservation
7
8 Priorities as to the Nature of the Transferee
9
10 1. Individual homeowners
11
12 2. Non -profit developers
13
14 3. Educational institutions
15
16 4. Government
17
18 5. Tax - exempt institutions
19
20 6. For - profit residential developers
21
22 7. Multi -lot developer
23
24 8. Corporations, business, retail, etc.
25
26 9. Side lot candidates
27
28 3. Factors in Determining Consideration Due Upon Transfers
29
30 The following factors shall constitute general guidelines for determination of the consideration
31 to be received by the LBC for the transfer of properties. I n each and every transfer of real
32 property, the LBC shall require good and valuable consideration in an amount determined by
33 the LBC in its sole discretion on a case -by -case basis, but subject to the minimum price stated
34 below. The LBC will consider both the fair market value of the property and the Property
35 Costs in its determination of consideration for each property. "Property Costs" shall mean the
36 aggregate costs and expenses of the LBC attributable to the specific property in question,
37 including costs of acquisition, maintenance, repair, demolition, marketing of the property and
38 indirect costs of the operations of the LBC allocable to the property.
39 1) Consideration shall be established at a level between the Property Costs and fair market value
40 of the property.
41
42 2) The consideration to be provided by the transferee to the LBC may take the form of cash,
43 deferred financing, performance of contractual obligations, imposition of restrictive covenants,
44 or other obligations and responsibilities of the transferee, or any combination thereof. At no time
45 shall a property be conveyed for less than $1,000 per parcel.
46
1
2
3
4
5
6
7
8
9
10
11
12
4. Side Lot Disposition Program
Individual parcels of property may be acquired by the LBC and transferred to individuals in
accordance with the following policies. The transfer of any given parcel of property in the Side
Lot Disposition Program is subject to override by higher priorities as established by the LBC on
a case -by -case basis.
A. Side Lot Disposition Policies
1. Qualified Residential Properties. Parcels of property eligible for inclusion in the Side Lot
Disposition Program shall meet the following minimum criteria (a "Side Lot "):
(a) The property shall be vacant unimproved real property.
(b) The property shall be physically contiguous on one side lot line to another
owned by transferee (left or right).
(c) The Side Lot property shall have characteristics which make
redevelopment as single family housing unfeasible (such as lot size or
topography).
(d) No more than one lot may be transferred per contiguous lot.
(e) Intended use for lot is disclosed.
(f) The transfer shall include a deed restriction requiring the use of the
property to be consistent with the stated use.
2. Transferees
(a) All transferees must hold title and occupy the contiguous property.
(b) The transferee must not own any real property (including both the
contiguous lot and all other property in Little Rock) that is subject to any
unremediated citation of violation of the State and local codes and
ordinances.
(c) The transferee must not own any real property (including both the
contiguous lot and all other property in Little Rock) that is tax delinquent.
(d) The transferee must not have been the prior owner of any real property
that has been lost for unpaid taxes within the past 3 years, as an individual
or an entity, without prior approval of the LBC Board at its sole discretion.
3. Pricing
(a) Properties sold as a side lot to an adjacent owner shall be priced at not less
than $500, plus any applicable fees.
4. Additional Requirements
(a) In the event that multiple adjacent property owners desire to acquire the
same side lot. the lot shall be transferred to the highest bidder for the
property.
1 5. Land Transfers
2
3 A. Land Transfer Policies
4
5 These policies pertain to transfers whose future use is residential or commercial. At time
6 of transfer the property may be vacant, improved or ready to occupy.
The transferee must not own any real property that has any unremediated
citation of violation of the State and local codes and ordinances.
2 The transferee must not own any real property that is tax delinquent
3 The transferee may not have lost title to property due to nonpayment of
taxes within the past 3 years, as an individual or as an entity, without prior
approval of the LBC Board at its sole discretion.
4 Transactions shall be structured in a manner that permits the City of Little
Rock to enforce recorded covenants or conditions upon title pertaining to
development and use of the property for a specified period of time.
5 The proposed use must be consistent with current zoning requirements.
The LBC may grant an applicant permission to seek rezoning from the
Little Rock Planning Commission.
6 Where rehabilitation or development of a property by the transferee is a
condition of the transfer, the requirement for such development or
rehabilitation shall be in accordance with the transfer agreement and
adequate completion of such development or rehabilitation shall be a
condition to the release of restrictions or lien securing such performance.
7 The Land Bank Commission may grant an option to purchase property to a
potential transferee. Options to purchase more than 3 properties by a
single purchaser within one calendar year must be approved by the Land
Bank Commission.
8 The proposed use of the property must comply with any neighborhood
redevelopment plan adopted by the City of Little Rock that applies to the
property.
9 To the extent possible, the proposed purchaser shall provide evidence that
they have consulted with any neighborhood organization in the area and
solicited comment on the planned use of the property.
10 All applicants must be residents of the City of Little Rock or have a
principle place of business in the City of Little Rock. If applicant does not
meet this requirement, applicant may take application to the Land Bank
Commission to seek an exception.
I 11 The purchaser of any property from the LBC must also comply with any
2 applicable restrictions on the use of the property resulting from federal,
3 state, or local programs in which the LBC participates (e.g. — Community
4 Development Block Grants).
5
6
7 6. Donations
8
A. Donated Property Policies
9
1
Properties with adverse environmental conditions will not be accepted
10
without a satisfactory, funded plan for remediation approved by the LBC
11
Board which meets the standards set by the Arkansas Department of
12
Environmental Quality.
13
14
2
Properties with immediate maintenance requirements will not be accepted
15
without a funding source secured for such maintenance.
16
17
3
The LBC will not determine donation value for the purpose of tax
18
benefits, but will provide a letter describing the property donated.
19
20
4
The LBC will only accept donated properties located within a
21
neighborhood of focus.
22
23
5
The LBC reserves the right to refuse to accept any property offered for
24
donation at its sole discretion.
25
26
B. Donated Property Procedures
27
28
1
Donor of property will place the deed to property in escrow while LBC
29
determines the feasibility of accepting ownership of the property.
30
31
2
LBC will complete a comprehensive analysis of the property to be donated
32
which will include the following information:
33
34
a. Determine the fair market value of the property.
35
b. Determine if there are any environmental concerns.
36
C. Determine if there are any outstanding liens or title issues.
37
d. Determine the initial maintenance cost (boarding. demolition.
38
mowing, etc...)
39
e. Determine any on -going maintenance costs.
40
f. Determine the condition of the surrounding neighborhood.
41
42
3
Staff will present the report to the full LBC for approval.
43
44