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Eligibility Report.doc
“Exhibit A”
WEST 2ND SOUTH AREA
URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE
REXBURG REDEVELOPMENT AGENCY
BY
HARLAN W. MANN
CONSULTANT
July 22, 2008
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WEST 2ND SOUTH AREA
URBAN RENEWAL ELIGIBILITY REPORT
BACKGROUND
Preparation of this report was authorized by the Rexburg Redevelopment Agency
(“Agency”) in May 2008. This report will provide the technical support for the first step in
planning an urban renewal project. That first step is a policy decision by the Mayor and City
Council to designate a specific area as deteriorated or deteriorating and to authorize preparation
of an urban renewal plan for that area or as an amendment to the existing Downtown Urban
Renewal Plan.
An area immediately south of South 1st West between South 1st West and South 2nd
West is the focus of this proposed renewal area. It is generally bounded by West 1st South on
the North, South 1st West on the east, the properties front on West 2nd South on the South, and
South 2nd West on the west.
Idaho Code Section 50-2008(a) states:
An urban renewal project for an urban renewal area shall
not be planned or initiated unless the local governing body has, by
resolution, determined such area to be a deteriorated area or a
deteriorating area or a combination thereof and designated such
area as appropriate for an urban renewal project.
As previously discussed, Step One in planning a new renewal project is a resolution by the
Rexburg City Council (“City Council”) making certain findings about a specific geographic area.
This resolution would also authorize the Agency to prepare an urban renewal plan for the area.
The attached definitions of deteriorating area and urban renewal project are very pertinent to
this step and are the focus of this report.
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Step Two in the renewal planning process is action by the Agency to prepare an urban
renewal plan and recommend its approval to the City Council. Said plan could be freestanding
or an amendment to the existing Downtown Urban Renewal Plan.
The City Council initiates Step Three by referring the plan to the Planning and Zoning
Commission and setting a public hearing on the plan. Step Three is completed by a Planning and
Zoning Commission finding that the urban renewal plan conforms to the City’s Comprehensive
Plan.
Step Four is the adoption of a City Council ordinance approving the plan, after a public
hearing.
DISCUSSION
This report focuses on whether the West 2nd South area, as previously described and as
outlined on the attached map, qualifies as a deteriorating area pursuant to Idaho Code Section 50-
2018(9) and as a deteriorated area pursuant to Section 50-2903(8)(b) under virtually identical
definitions. A copy of this joint definition is attached. The first statutory reference is from the
basic urban renewal statute, while the second comes from the Local Economic Development Act.
The report will also discuss why the area is appropriate for an urban renewal project.
A. Present Conditions
The attached definition of deteriorating area and deteriorated area [Idaho Code
§§ 50-2018(9) and 50-2903(8)(b)] lists ten different conditions that may be present in such an
area, with the tenth being the catch-all “any combination of such factors.” The presence of these
conditions was documented by a field trip on June 11 and 12, 2008, contacts with various City
and County officials, and assessor file information. Then the area and its public infrastructure
were evaluated, and the numbers that correspond to the applicable characteristics in the
definition were placed at the appropriate locations on the attached map. This is the same process
that was followed for the other urban renewal project areas in Rexburg.
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B. Deteriorating/Deteriorated Area Characteristics
The following is a listing of conditions found in the areas by their corresponding numbers
in the definition and a brief explanation of that condition and how it was evaluated and
identified:
1. (1) A substantial number of deteriorated or deteriorating structures. There are a
number of structures in the West 2nd South area since the entire area has been previously
developed. Currently the predominant land use in the one-block plus is single-family residential.
There are several commercial buildings at corner locations, three apartment buildings, and
church parking lot. Most of the single family structures are rentals and are older. A group of 25
parcels had an average assessed value of $125,268. In general, the properties appear to be well-
maintained, especially at the street frontages on South 1st West and South 2nd West. However,
when you review all the structures from the rear, there are more signs of deterioration.
Besides the signs of physical deterioration seen in the structures, there is also an age
factor to consider. Estimates from a large property owner in the area show 10 of 17 structures to
be 60 to 100 years old. There were three in the 60’s, four in the 70’s, two in the 80’s and one at
100.
Clearly there are a substantial number of deteriorated or deteriorating structures in the
area. If you define a deteriorated structure as one that has reached the end of its useful life and
needs to be torn down, then I saw no deteriorated structures but many deteriorating ones.
Therefore, the number “1” is placed at several locations on each of the applicable street frontages
in the area to indicate the presence of a substantial number of deteriorating structures.
2. (2) Predominance of defective or inadequate street layout. The West 2nd South
area has the standard street layout found elsewhere in downtown Rexburg. It is not considered
defective or inadequate.
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3. (3) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. The
West 2nd South area consists of mostly small single-family residential parcels. As such, these
lots are too small and inadequate for new mixed-use development. Therefore, the number “3”
placed at several locations in the area indicates the presence of this characteristic.
4. (4) Insanitary or unsafe conditions. There are several conditions existing within
the proposed renewal area that apply to this characteristic. Typical insanitary conditions include
excessive amounts of junk, trash, and weeds in violation of City sanitation codes. Another
insanitary condition occurs in areas that lack sanitary sewers or where the sanitary sewer system
has insufficient capacity. Neither of these conditions applies to the West 2nd South area.
The West 2nd South area has several unsafe conditions. The City Public Works staff
reports that the current street lighting system is limited to intersections and is inadequate for the
planned future commercial uses. Therefore, the number “4SL” is placed on each of the streets in
the area to indicate that unsafe condition. Another unsafe condition exists at the intersection of
South 2nd West and West 2nd where the traffic signal needs to be upgraded to handle increased
traffic.
5. (5) Deterioration of site and other improvements. Site improvements include
parking lots, fences, and landscaping areas, basically things other than structures that make up a
developed property. The term “other improvements” is the place where public improvements
such as streets, sidewalks, curbs, gutters, bridges, storm drains, parks, water mains, sanitary
sewers, and public facilities such as swimming pools and public buildings are included. When
the number 5 appears on the map in a street right-of-way it denotes those streets are deteriorated.
West 2nd South and South 1st West have this designation because of their condition.
6. (6) Diversity of ownership. Typically this characteristic is present when an area
that needs to be redeveloped because of older, rundown buildings is divided into a number of
different ownerships. It could also occur where existing businesses are hindered in expanding
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because of the number of adjacent property ownerships. Multiple ownerships are more difficult
for developers to assemble. Most of the properties in the West 2nd South area have been
acquired by one owner, so this characteristic does not apply
7. (7) Tax and special assessment delinquency exceeding the fair value of the land.
This characteristic does not apply to the West 2nd South area.
8. (8) Defective and unusual conditions of title. These conditions have not been
found in the West 2nd South area.
9. (9) The existence of conditions which endanger life or property by fire and other
causes. The primary focus of this characteristic is inadequate fire protection facilities,
particularly water mains to serve projected new development and to provide improved service to
existing apartments south of the Site. The existing water mains in West 1st South need to be
upgraded to solve this problem. Therefore, a number “9F” appears on the map in that street to
indicate a lack of adequate fire protection facilities.
10. (10) Any combination of such factors. This number is placed at locations where
two or more of the other characteristics are present.
D. Effects of Present Conditions
1. (a) Results in economic underdevelopment of the area. Field review and aerial
photography confirm the current underdeveloped status of the area, largely in single-family
residential.
2. (b) Substantially impairs or arrests the sound growth of a municipality. The West
2nd South area has experienced slower growth than many other areas of the community. More
public infrastructure is needed to serve the expanded higher density future development in the
area. When the City is unable to meet infrastructure needs over an extended period of time, there
is less incentive for the private sector to invest in new development. Thus, the sound growth of
the City is adversely affected.
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3. (c) Retards the provision of housing accommodations or (d) constitutes an
economic or social liability. With the exception of the three apartment buildings, the properties
in this area are producing minimal property taxes. In addition, when the public infrastructure
serving an area is inadequate, that also causes a problem for the city. Therefore, such areas tend
to become an economic liability for the city.
4. (e) And is a menace to the public health, safety, morals, or welfare in its present
condition or use. The previous discussion established that this area has had slow growth and, as
a result, has become a modest economic liability. In addition, the inadequate fire protection
facilities create a safety problem in the area. Accordingly, these conditions represent a menace
or threat to the public welfare or prosperity and safety of the community.
E. Appropriateness of the Area for an Urban Renewal Project
The second part of the City Council’s determination is the policy decision of whether or
not the area is appropriate for an urban renewal project. Note that part of the definition of an
urban renewal project includes, “undertakings and activities of a municipality in an urban
renewal area for the elimination of deteriorated and deteriorating areas.”
This area has public infrastructure problems, and a recent development proposal for the
area identified the need for a public parking structure to serve higher density development. Such
a parking structure could be built by the city if funds were available. Preparation and approval of
an urban renewal plan for the area would give the city an additional resource, revenue allocation
financing, to help solve the public financing problem for a public parking structure in the area.
Other Idaho cities have used revenue allocation financing for public parking facilities, including
structures.
In effect, property taxes generated by new development within the area could be used by
the Redevelopment Agency to finance the needed public improvements and facilities to
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encourage more development. Finally, the new developments would also generate additional
jobs that would, in turn, benefit residents of the community.
CONCLUSION
This report concludes that the West 2nd South area described in this report is a
deteriorating and deteriorated area characterized by inadequate public infrastructure and is
appropriate for an urban renewal project.
Attachments
S:\Customer Services\RESOLUTIONS\2009-Present\2014\Resolution 2014- 04 North Hwy Interchange District
Eligibility Report.doc
DEFINITION OF DETERIORATING AREA, IDAHO CODE § 50-2018(9)
AND DETERIORATED AREA, IDAHO CODE § 50-2903(8)(b)
A deteriorating or deteriorated area is any area which by reason of the presence of (1) a
substantial number of deteriorated or deteriorating structures; (2) predominance of defective or
inadequate street layout; (3) faulty lot layout in relation to size, adequacy, accessibility, or
usefulness; (4) insanitary or unsafe conditions; (5) deterioration of site or other improvements;
(6) diversity of ownership; (7) tax or special assessment delinquency exceeding the fair value of
the land; (8) defective or unusual conditions of title; (9) the existence of conditions which
endanger life or property by fire and other causes; or (10) any combination of such factors,
(a) (results in economic underdevelopment of the area);1 (b) substantially impairs or arrests the
sound growth of a municipality; (c) retards the provision of housing accommodations; or
(d) constitutes an economic or social liability; and (e) is a menace to the public health, safety,
morals, or welfare in its present condition or use; provided, that if such deteriorating area
consists of open land the conditions contained in the proviso in Idaho Code Section 50-2008(d)
shall apply.2 Provided, however, this definition shall not apply to any agricultural operation, as
defined in Section 22-4502(1), Idaho Code, absent the consent of the owner of the agricultural
operation, except for an agricultural operation that has not been used for three (3) consecutive
years.3
1This appears only in the revenue allocation statute.
2This appears only in the urban renewal statute.
3 This proviso was added to the urban renewal statute in 2006 by House Bill 735, as amended.
S:\Customer Services\RESOLUTIONS\2009-Present\2014\Resolution 2014- 04 North Hwy Interchange District
Eligibility Report.doc
DEFINITION OF URBAN RENEWAL PROJECT, IDAHO CODE § 50-2018(10)
“Urban renewal project” may include undertakings and activities of a municipality in an
urban renewal area for the elimination of deteriorated or deteriorating areas and for the
prevention of the development or spread of slums and blight, and may involve slum clearance
and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban
renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such
undertakings and activities may include:
(a) acquisition of a deteriorated area or a deteriorating area or portion thereof;
(b) demolition and removal of buildings and improvements;
(c) installation, construction, or reconstruction of streets, utilities, parks, playgrounds,
off-street parking facilities, public facilities or buildings and other improvements necessary for
carrying out in the urban renewal area the urban renewal objectives of this act in accordance with
the urban renewal plan;
(d) disposition of any property acquired in the urban renewal area (including sale,
initial leasing or retention by the agency itself) at its fair value for uses in accordance with the
urban renewal plan except for disposition of property to another public body;
(e) carrying out plans for a program of voluntary or compulsory repair and
rehabilitation of building or other improvements in accordance with the urban renewal plan;
(f) acquisition of real property in the urban renewal area which, under the urban
renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or
rehabilitation of the structures for guidance purposes, and resale of the property;
(g) acquisition of any other real property in the urban renewal area where necessary
to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or
other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of
blight or deterioration, or to provide land for needed public facilities;
(h) lending or investing federal funds; and
(i) construction of foundations, platforms and other like structural forms.