HomeMy WebLinkAboutORDINANCE NO. 1036 AMENDED & RESTATED DOWNTOWN REDEVELOMENT PLAN SUMMARYA
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CITY OF REXBURG
SUMMARY OF ORDINANCE NO. 1036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REXBURG, IDAHO, APPROVING THE AMENDED AND RESTATED
DOWNTOWN DISTRICT REDEVELOPMENT PLAN, WEST SECOND
SOUTH ADDITION (THE "HEMMING SITE") WHICH PLAN
INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS;
AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS
ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY
OFFICIALS, STATE OFFICIALS AND OTHER TAXING ENTITIES;
APPROVING THE SUMMARY OF THE ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
REXBURG, IDAHO:
Section 1: It is hereby found and determined that:
(a) The Project Area as defined in the Amended Downtown Plan is a deteriorated
or a deteriorating area as defined in the Law and the Act and qualifies as an
eligible urban renewal area under the Law and Act.
(b) The rehabilitation, conservation, and redevelopment of the Project Area
pursuant to the Amended Downtown Plan are necessary in the interest of
public health, safety, and welfare of the residents of the City of Rexburg.
(c) There continues to be a need for the Agency to function in the City of
Rexburg.
(d) The Amended Downtown Plan conforms to the City of Rexburg Vision
2020 Comprehensive Plan (the "Comprehensive Plan").
(e) The Amended Downtown Plan gives due consideration to the provision of
adequate park and recreation areas and facilities that may be desirable for
neighborhood improvement (recognizing the mixed use components of the
Amended Downtown Plan, the need for overall public improvements and
the proposed public open space recreation and community facilities
opportunity), and shows consideration for the health, safety, and welfare
of any residents or businesses in the general vicinity of the Project Area as
defined by the Amended Downtown Plan.
(f) The Amended Downtown Plan affords maximum opportunity consistent
with the sound needs of the City as a whole for the rehabilitation and
redevelopment of the Project Area by private enterprises.
(g) The Amended Downtown Plan provides a feasible method for relocation
of any displaced families residing within the Project Area.
(h) That portion of the Project Area which is identified for non-residential
uses is necessary and appropriate to facilitate the proper growth and
development standards in accordance with the objectives of the
Comprehensive Pian to overcome economic disuse, the need for improved
traffic patterns and the need for the correlation of this area with other areas
of the City.
(i) The collective base assessment roll of the Amended Downtown Plan,
along with the collective base assessment rolls of the Washington School
Plan Area, the North Highway Plan Area, and the University Boulevard
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Plan Area does not exceed ten percent (10%) of the assessed value of the
City of Rexburg.
Section 2: The City Council finds that one of the Plan objectives to increase
the mixed use development opportunity to include housing does meet the sound needs
of the City and will provide residential opportunities in an area that does not now
contain such residential opportunities, and the portion of the Project Area which is
identified for non-residential uses is necessary and appropriate to facilitate the proper
growth and development standards in accordance with the objectives of the Rexburg
Comprehensive Plan to overcome economic disuse, the need for improved traffic
patterns, and the need for the correlation of this area with other areas of the City.
Section 3: The Amended Downtown, a copy of which is attached hereto and
marked as Exhibit 3 and made a part hereof by attachment, be and the same hereby is
approved. The City Clerk and/or the Agency may make certain technical corrections or
revisions in keeping with the information and testimony presented at the December 2,
2009, hearing.
Section 4: No direct or collateral action attacking the Amended Downtown
Plan shall be brought prior to the effective date of this Ordinance or after the elapse of
thirty (30) days from and after the effective date of the Ordinance adopting the
Amended Downtown Plan.
Section 5: Upon the effective date of this Ordinance, the City Clerk is
authorized and directed to transmit to the Madison County Recorder, Madison County
Auditor and Tax Assessor of Madison County, and to the appropriate officials of the
Madison County Board of County Commissioners, Rexburg Cemetery District,
Madison County Library District, Madison School District #321 Board of Trustees,
Madison County Ambulance District, Madison County Mosquito Abatement District,
the City of Rexburg, and to the State Tax Commission, a copy of this Ordinance, a copy
of the legal description of the boundaries of the Urban Renewal/Revenue Allocation
Area, and a map or plan indicating the boundaries of the Urban Renewal/Revenue
Allocation Area.
Section 6: The City Council hereby finds and declares that the Revenue
Allocation Area as defined in the Amended Downtown Plan includes that portion of the
Urban Renewal Project Area, the equalized assessed valuation of which the Council
hereby determines is in and is part of the Amended Downtown Plan has increased and
is likely to continue to increase as a result of the initiation and completion of urban
renewal projects pursuant to the Amended Downtown Plan.
Section 7: The City Council hereby approves and adopts the following
statement of policy relating to the appointment of City Council members as members of
the Agency's Board of Commissioners: If any City Council members are appointed to
the Board, they are not acting in an ex officio capacity but rather as private citizens
who, although they are also members of the City Council, are exercising their
independent judgment as private citizens when they sit on the Board. Except for the
powers to appoint and terminate Board members and to adopt the Amended Downtown
Plan the City Council recognizes that it has no power to control the powers or
operations of the Agency.
Section 8: So long as any Agency bonds are outstanding, the City Council
will not exercise its power under Idaho Code Section 50-2006 to designate itself as the
Agency Board.
Section 9: This Ordinance shall be in full force and effect immediately upon
its passage, approval and publication, and shall be retroactive to January 1, 2009, to the
extent permitted by the Act, with the original revenue allocation area maintaining its
base assessment roll as of January 1, 2003.
Section 10: The provisions of this Ordinance are severable and if any provision
of this Ordinance or the application of such provision to any person or circumstance is
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declared invalid for any reason, such declaration shall not affect the validity of
remaining portions of this Ordinance.
Section 11: The Summary of this Ordinance, a copy of which is attached
hereto as Exhibit 4, is hereby approved.
Section 12: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 13: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
PASSED by the City Council of Rexburg this 2nd day of December 2009.
APPROVED by the Mayor on this 2nd day of December 2009.
EXHIBITS TO THE ORDINANCE
EXHIBIT 1: General Proof of Publication of the Notice providing notice of the public
hearing of the University Boulevard Urban Renewal Plan before the City Council.
EXHIBIT 2: Planning and Zoning Commission Resolution
EXHIBIT 3: Amended and Restated Downtown District Redevelopment Plan
EXHIBIT 4: Approved Summary of Ordinance No. 1036.
SUMMARY OF THE AMENDED AND RESTATED
DOWNTOWN DISTRICT REDEVELOPMENT PLAN:
The Amended and Restated Downtown District Redevelopment Plan (the
"Amended Downtown Plan"), was prepared by the Rexburg Urban Renewal Agency
("Agency") pursuant to the State of Idaho Urban Renewal Law, The local Economic
Development Act, and all applicable laws and ordinances and approved by the Agency.
The Amended Downtown Plan provides for the Agency to undertake urban renewal
projects pursuant to the Idaho Urban Renewal Law of 1965 as amended (the "Law"),
and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as
amended (the "Act'). The major purpose of the Amended Downtown Plan is to
provide an update of historical activities of the Agency since 2003, a projection of
remaining activities through 2027, and the addition of the West 2nd South Area, also
referred to as the Hemming Site. The 2003 Plan provided a term of twenty-four years
but showed projections and estimates only through 2013/2014, with the expectation that
the Agency might have completed those activities within that time frame. Because of a
variety of circumstances, the activities will take longer to achieve along with the added
activity related to the Hemming Site. The original Plan provided for a term through
2027 (the allowed twenty -four-year term). This Plan describes those activities through
2027. An additional purpose of this Plan is to include an update of several changes as
mandated through the passage of legislative changes since 2003.The Amended
Downtown Plan contains a revenue allocation financing provision pursuant to the Act
that will cause property taxes resulting from any increases in equalized assessed
valuation in excess of the equalized assessed valuation as shown on the original base
assessment roll as of January 1, 2003, for the original revenue allocation area and
January 1, 2009, for the Hemming Site as set forth in the Amended Downtown Plan to
be allocated to the Agency for the urban renewal purposes.
The general scope and objectives of the Amended Downtown Plan are:
1. Acquisition of certain real property (if needed) and through the voluntary
measures described in Section 305;
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2. Demolition or removal of certain buildings and improvements for public
rights-of-way for streets, utilities, walkways, and other improvements for
public facility building sites, to eliminate unhealthful, unsanitary, or unsafe
conditions, improve density, eliminate obsolete or other uses detrimental to
the public welfare, or otherwise to remove or to prevent the spread of
deterioration;
3. Provision for participation by property owners within the Amended Project
Area;
4. Management of any property acquired by any entity under the ownership
and control of the Agency;
5. Provision for relocation assistance to displaced Project occupants, as
required by law;
6. Installation, construction, or reconstruction of public improvements owned
or occupied by the Agency or other public agencies, including the City,
public parking, as may be deemed appropriate by the Agency Board, and
other public improvements;
7. Disposition of property for uses in accordance with the Amended
Downtown Plan;
8. The redevelopment of land by private enterprise or public agencies for uses
in accordance with the Amended Downtown Plan;
9. Rehabilitation of structures and improvements by present owners, their
successors, and the Agency;
10. Preparation and assembly of adequate sites for the development and
construction of facilities for commercial, mixed-use development, office,
appropriate retail, and other ancillary uses;
11. As allowed by law, lend or invest federal funds to facilitate urban renewal
redevelopment;
12. Construction of foundations, platforms, and other like structural forms
necessary for the provision or utilization of air rights, sites for buildings to
be used for residential, commercial, and other uses contemplated by the
Plan, and to provide utilities to the development site; and
13. Coordinating with the City in the implementation of the City's
Comprehensive Plan within the Amended Project Area.
Any such land uses as described in the Amended Downtown Plan will be in
conformance with the Comprehensive Plan, City of Rexburg. Land made available will
be developed by private enterprises or public agencies as authorized by law. The
Amended Downtown Plan identifies various public and private improvements which
may be made within the Urban Renewal Project Area. The Project Area and Revenue
Allocation Area boundaries herein referred to as follows:
Attachment 1: Description of the Amended Project Area and Amended Revenue
Allocation Area; and more particularly described as:
Amended Prosect Area — Amended Revenue Allocation Area Boundary Man
Oril final Revenue Allocation Area
Beginning at a point that is N 89° 59' 59" E 49.5 from the Southeast Corner of Section
19, Township 06 North, Range 40 E, Boise Meridian; running thence N 0° 14' 57" W
825.19 feet to the Southwest Corner of Block 20, Rexburg Original Townsite; thence S
890 44' 59" W 2373.48 feet to the Southeast Corner of Block 24; thence S 0° 15' 2" E
759 feet; thence S 89° 44' 58" W 759 feet; thence S 0° 15' 1" E 891.02 feet to the
Northeast Corner of Block 46; thence N 89° 44' 57" E 3132.51 feet; thence N 0° 15'
11" W 824.8 feet to the point of beginning.
Less the following: Lot 2, Block 39 of the Rexburg Original Townsite.
Added Revenue Allocation Area
Beginning at the Northeast Corner of Block 46, Rexburg Original Townsite, Madison
County, Idaho; running thence S 00 15' E 759 feet to the Northeast Corner of Block 7,
Southend Addition to the City of Rexburg; thence S 0° 15' 38" E 164.5 feet; thence N
890 53' 31" E 198 feet; thence N 0° 16' 9" W 65.94 feet; thence N 89° 46' 59" E
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148.51 feet; thence S 0° 15' 37" E 65.81 feet; thence N 89° 46' 59" E 82.5 feet; thence
N 00 26' 1" W 8.25 feet; thence N 890 35' 7" E 17.25 feet; thence S 0° 14' 53" E 74.32
feet; thence N 89° 45' 34" E 409.25 feet; thence N 00 15' W 231.11 feet to the
Northwest Corner of Block 53, Rexburg Original Townsite; thence N 0° 15' W 759 feet
to the Northwest Corner of Block 48; thence S 89° 44' 56" W 855.51 feet to the point
of beginning.
Overall Urban Renewal Area
Beginning at a point that is N 89° 59' 59" E 49.5 from the Southeast Comer of Section
19, Township 06 North, Range 40 E, Boise Meridian; running thence N 0° 14' 57" W
825.19 feet to the Southwest Corner of Block 20, Rexburg Original Townsite; thence S
890 44' 59" W 2373.48 feet to the Southeast Corner of Block 24; thence S 0° 15' 2" E
759 feet; thence S 89° 44' 58" W 759 feet; thence S 0° 15' E 1650.02 feet to the
Northeast Corner of Block 7, Southend Addition to the City of Rexburg; thence S 0°
15' 38" E 164.5 feet; thence N 89° 53' 31" E 198 feet; thence N 0° 16' 9" W 65.94
feet; thence N 89° 46' 59" E 148.51 feet; thence S 0° 15' 37" E 65.81 feet; thence N
890 46' 59" E 82.5 feet; thence N 0° 26' 1" W 8.25 feet; thence N 890 35' 7" E 17.25
feet; thence S 0° 14' 53" E 74.32 feet; thence N 89° 45' 34" E 409.25 feet; thence N 0°
15' W 231.11 feet to the Northwest Corner of Block 53, Rexburg Original Townsite;
thence N 00 15' W 759 feet to the Northwest Corner of Block 48; thence N 89° 44' 57"
E 2277 feet; thence N 00 15' 11" W 824.8 feet to the point of beginning.
(For the purpose of describing the New Revenue Allocation Area, less -out Lot 2, Block
39 of the Rexburg Original Townsite from the Overall Urban Renewal Area description
above.) and the Project Area is as depicted on Attachment 21 Amended Project Area -
Amended Revenue Allocation Area Boundary Map:
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Attachment 2
Amended Project Area -Amended Revenue Altocatdon Area Boundary Map
The Urban Renewal Area is the entire area referred to as the Project Area. The
Revenue Allocation Area includes all of the Project Area except for the Melaleuca
property on Block 39. The Agency may use its funding resources, including revenue
allocation proceeds, to fund public improvements within the various rights-of-way and
Project Area. The Revenue Allocation Area is the area from which revenue allocation
proceeds will be received.
SUMMARY OF ORDINANCE NO. 1036 - 5
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Attachment 2
Amended Project Area -Amended Revenue Altocatdon Area Boundary Map
The Urban Renewal Area is the entire area referred to as the Project Area. The
Revenue Allocation Area includes all of the Project Area except for the Melaleuca
property on Block 39. The Agency may use its funding resources, including revenue
allocation proceeds, to fund public improvements within the various rights-of-way and
Project Area. The Revenue Allocation Area is the area from which revenue allocation
proceeds will be received.
SUMMARY OF ORDINANCE NO. 1036 - 5
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For purposes of boundary descriptions and use of proceeds for payment of
improvements, the boundary shall be deemed to extend to the outer boundary of rights-
of-way.
Sections 300 through 313 discuss the proposed redevelopment actions,
participation opportunities and agreements, cooperation with public bodies, property
acquisition standards and requirements, relocation, demolition and property disposition.
Sections 402 through 417 discuss the type of land uses authorized in the Project
Area and list other controls by referencing the applicable City Ordinances.
Sections 405.1 and 405.2 describe Design Guidelines for Development.
Sections 404.11 through 404.12 and 405.3 address off street loading, off street
parking and non -conforming uses.
The Amended Downtown Plan also contains a major section on financing.
Among other sources, the Amended Downtown Plan will utilize revenue allocation
financing, authorized by the Act.
Section 504 through Section 508 and Attachment No. 5 discuss revenue allocation
financing and show how such financing has worked and would work in the Project
Area in the future if certain new private developments occur as estimated.
Increases in assessed valuation of real and personal property in the Revenue
Allocation Area that occur after January 1, 2009, from the Hemming Site will generate
revenue for the Agency to pay project costs. Increases in assessed valuation of real and
personal property that has occurred after January 1, 2003, continues to generate revenue
for the Agency to pay project costs. Project costs include street improvements,
drainage improvement, utilities, public parking, and other public improvements costs.
The assessed valuation of real and personal property on the base assessment roll is still
available for use by the other taxing districts, Madison County, City of Rexburg,
Rexburg Cemetery District, Madison Library District, Madison School District #321,
Madison County Ambulance District and Madison County Mosquito Abatement
District, to finance their operations. The Amended Downtown Plan authorizes the
Agency to sell revenue bonds to finance project costs and to use annual revenue
allocations to pay the debt service.
The program outlined in the Amended Downtown Plan emphasizes the
installation of needed public improvements, public parking, drainage and street
improvements, utilities, and other costs to encourage private development.
Attachment No. 5 describes in detail the cost and financing methods for complete
repayment for the debt incurred used to finance the Project and to also fund the
described activities.
No change in the land use designation or the potential uses in the area have been
proposed. The Amended Downtown Plan follows the underlying zoning classifications
of the City of Rexburg.
Sections 600 and 700 describe cooperative activities by the Agency with the City.
The duration of the Amended Downtown Plan remains at twenty-four (24) years
through December 31, 2027. The Agency is required to prepare an annual report each
year describing its activities during the previous year.
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ATTACHMENTS
Attachment 1: Description of the Amended Project Area and Amended Revenue
Allocation Area
Attachment 2: Amended Project Area -Amended Revenue Allocation Area
Boundary Map
Attachment 3: Private Properties Which May be Acquired by Agency
Attachment 4: Map Depicting Expected Land Uses and Current Zoning within
Amended Revenue Allocation Area and Amended Project Area
Attachment 5: Statement of Proposed Public Improvements, Costs, Revenues, Tax
Impacts and Financing Methods
Attachment 5A: Estimated Net Taxable Value of New Private Development
(Commercial/
Residential) Rexburg Downtown Urban Renewal Project, as Amended
Attachment 5B: Estimated Annual Tax Revenue Allocations
Rexburg Downtown Urban Renewal Project, as Amended
Attachment 5C: Estimated Annual Revenues and Costs
Rexburg Downtown Urban Renewal Project, as Amended
The full text of Ordinance No. 1035 is available at the offices of the City Clerk
located at Rexburg City Hall, 35 North 1st East, Rexburg, Idaho 83340.
This summary approved by the Rexburg City Council at its meeting of December
2, 2009.
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ATTEST:
By
Blair D. Kay
City Clerk
I, Stephen Zollinger, City Attorney for the City of Rexburg, declare that in my
capacity as City Attorney of the City of Rexburg, pursuant to Idaho Code Section 50-
901A(3) of the Idaho Code as amended, I hereby certify that I have reviewed a copy of
the above cited Summary of Ordinance and have found the same to be true and
complete and to provide adequate notice to the public of the contents, including the
exhibits, of Ordinance No. 1036.
DATED this 2nd day of December 2009.
StepheA Zollinger, City Attorney
City of Rexburg
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