Sec. 2-150.8. - Special focus districts.

(a)

Establishment and purpose. There is hereby created a planning instrumentality to be known as special focus districts. The special focus districts shall be separate from the districts that are included in the city's zoning code. The purpose of special focus districts is to create a common understanding of the types of activities that are most appropriate in each district in consideration of the city's broad exercise of its regulatory, tax, property acquisition and governmental expenditure powers. The districts may overlap in area. Each designation being in the nature of a planning decision, the city planning commission shall review the ordinance establishing, and any ordinance amending, the special focus districts.

(b)

The special focus district designations and areas. The six special focus districts the map for which shall be kept on file in the planning department, shall each be known as and shall each include the area as described below with the particular focus for each as provided herein:

(1)

Historic focus district: The historic focus district shall encompass the area bounded by Shipley and King Streets between 10^th and 4^th Streets. Its focus shall be on adaptive reuse and historic preservation of buildings within the district.

(2)

Arts and education focus district: The arts and education focus district shall encompass the area bounded by 3^rd, Tatnall and Shipley Streets and Martin Luther King Boulevard and shall also encompass the area bounded by Tatnall and King Streets between 8^th and 3^rd Streets, including the building known as the "Old Customs House" on the east side of King Street and shall include the area bounded by Orange and King Streets between 9^th and 8^th Streets. The focus of the district shall be on mixed institutional and residential uses.

(3)

Old city focus district: The old city focus district shall encompass the area bounded by Tatnall and Walnut Streets between 4^th Street and the north bank of the Christina River. The focus of the district shall be on adaptive reuse of buildings and compatible new development within the district.

(4)

Midtown focus district: The midtown focus district shall encompass the area bounded by Washington and Walnut Streets between 9^th and 4^th Streets. The focus of the district shall be on mixed residential, retail, entertainment and service activities within the district. The district shall also emphasize the adaptive reuse of buildings and compatible new construction, particularly within the boundaries of the Quaker Hill city historic area.

(5)

Corporate focus district: The corporate focus district shall encompass the area bounded by Madison Street and the Wilmington and Brandywine Cemetery to Walnut Street between the south bank of the Brandywine Creek and 9^th Street. The focus of the district shall be on buildings serving as corporate headquarter locations and supporting activities. The district shall also recognize the importance of supporting and strengthening the residential base in existing neighborhoods located within the district, including the Midtown Brandywine and Trinity Vicinity residential communities.

(6)

Riverfront district: The riverfront focus district shall encompass the area bounded by Martin Luther King Boulevard, the Amtrak Viaduct and the Brandywine Creek on the north to the city boundary and the north bank of the Christina River between I-95 and the mouth of the Brandywine Creek, including therein the area within 200 feet on either side of the Brandywine Creek between the 16^th Street bridge and the Amtrak Viaduct; from the south bank of the Christina River to a line 200 feet from and parallel to the said bank between the city boundary and South Market Street and from Heald Street to the Delaware River; so as to include the area between the Christina River and the Amtrak railroad line from the southern city boundary to the East 7^th Street Peninsula, and from the south bank of the Christina River to "A" Street between South Market Street and Heald Street, and the areas of South Wilmington, including properties along the westerly side of South Market Street and along the easterly side of Christina Avenue. The focus of the district shall be on activities that capitalize on and promote the waterways as an urban amenity.

(c)

Planning review. The planning department shall be authorized to review the special focus districts and related activities and from time to time make such recommendations to the city council as it may deem necessary.

(Ord. No. 00-038, § 1, 6-1-00)

Sec. 2-150.8.1. - Downtown Market Street "Upstairs Building Improvements Program".

(a)

Establishment. There is hereby established the Upstairs Building Improvements Program ("Upstairs Program") within the downtown area of Wilmington, specifically within the area to be known as the Downtown Market Street Upstairs District ("Upstairs District"). The purpose of the Upstairs Program is to facilitate the coordination of private sector improvements, particularly for residential, restaurant and retail, and small business development in the Upstairs District, through public sector property acquisitions "gap" funding assistance and public sector infrastructure improvements.

(b)

Boundaries of Market Street Upstairs Program District, the "Upstairs District". The boundaries of the referenced Upstairs District shall be the northerly side of Martin Luther King, Jr. Boulevard to the southerly side of 10^th Street between the westerly side of King Street and the easterly side of Shipley Street, hereinafter known as the "Upstairs District", the boundaries of which are also co-extensive with the boundaries of the Lower Market Street Historic District and the Market Street City Historic District. (See Exhibit "A", map attached hereto and made a part hereof).

(c)

Upstairs District Improvements Fund. There is hereby authorized an Upstairs District Improvements Fund ("Upstairs Fund") for city funding through the city's six-year capital programs and annual capital budgets, in two-year funding cycles, funding in amounts to be determined in each fiscal year for the Upstairs Program.

(d)

Office of economic development ("OED") regulations. The OED is hereby authorized to prepare and to promulgate a set of regulations, subject to review and approval of the administrative board, to be applicable to the administration of the Upstairs Program, as authorized by this section. Such regulations shall be applicable to all buildings and common areas, streets and sidewalks, plazas and other public places within the Upstairs District. Except for publicly owned property, the regulations shall include requirements that recipients of funding through the Upstairs Program agree to waive in writing any property tax abatement pursuant to the city's tax incentive programs in Article III of Chapter 44 of the City Code. All regulations shall be administered and enforced in accordance with all applicable provisions of the City Charter and Code.

(e)

Upstairs Funding Review Committee. There is hereby established an "Upstairs Funding Review Committee" for the purpose of reviewing proposed property acquisitions and applications for loans or grants, or a combination thereof, of city funds for the purposes of providing "gap" funding for building and infrastructure improvements in the Upstairs District. The members of the Upstairs Funding Review Committee shall be:

(1)

The mayor's chief of staff;

(2)

The city's director of finance;

(3)

The city's director of the office of economic development ("director of OED") who shall be the Chair of the Upstairs Funding Review Committee;

(4)

The city treasurer;

(5)

The city council president;

(6)

The chair of the city council finance committee;

(7)

The director of the city's office of management and budget;

(8)

Council member for the 4^th councilmanic district; and

(9)

City council chief of staff.

The Upstairs Funding Review Committee ("committee") shall administer the regulations promulgated by the OED, adopt rules of procedure, and keep and maintain committee minutes and other requisite records of its proceedings. The director of OED is hereby authorized to engage outside advisory assistance from persons with expertise in banking, engineering, construction and similar pursuits to advise the director of OED and the committee. No advisory persons shall be voting members of the committee.

(f)

City general obligation bonds. The city treasurer and the city solicitor, together with outside bond counsel, are hereby authorized to recommend the issuance of city general obligation bonds, to be subject to the approval by ordinance of the mayor and council, for the borrowing of funds to be used in the city's Upstairs Program funding. Initially, for fiscal year 2009, the authorized borrowing shall be in an amount of up to $15,000,000.00. Based on a review of the performance of the Upstairs Program, by the Upstairs Funding Review Committee, subsequent future dollar amounts for authorized borrowings shall be approved through the city's capital program and capital budget ordinances and through the city's general obligation bond ordinances.

(Ord. No. 08-085(sub 1), § 1, 12-11-08)

Secs. 2-150.9—2-150.20. - Reserved.