Loading...
HomeMy WebLinkAboutNorth Central District Plan Resolution No 2020-5 UR AgencyRESOLUTION NO. 2020- 5 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF REXBURG, IDAHO, AKA REXBURG REDEVELOPMENT AGENCY: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF REXBURG, IDAHO, ALSO KNOWN AS THE REXBURG REDEVELOPMENTAGENCY, RECOMMENDING AND ADOPTING THE URBAN RENEWAL PLAN FOR THE NORTH CENTRAL URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING AND DIRECTING THE CHAIR OR ADMINISTRATOR OF THE AGENCY TO TAKE APPROPRIATE ACTION; AUTHORIZING AND DIRECTING THE ADMINISTRATOR AND SECRETARY OF THE AGENCY TO MAKE CERTAIN TECHNICAL CHANGES; PROVIDING FOR THIS RESOLUTIONTO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the city of Rexburg, Idaho, also known as the Rexburg Redevelopment Agency, an independent public body, corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act'), a duly created and functioning urban renewal agency for Rexburg, Idaho, hereinafter referred to as the "Agency." WHEREAS, by Resolution dated November 6, 1991, the City Council (the "City Council') of the city of Rexburg (the "City") created an urban renewal agency, pursuant to the Law, authorizing the Agency to transact business and exercise the powers granted by the Law and the Act upon making the findings of necessity required for creating the Agency; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the North Highway Urban Renewal Project pursuant to the North Highway Urban Renewal Plan (the "North Highway Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 728 on December 27, 1991, approving the North Highway Plan and making certain findings; WHEREAS, the City Council, after notice duly published, conducted apublic hearing on the North Highway Amended and Restated Urban Renewal Plan (the "North Highway Amended and Restated Plan"); RESOLUTION NO. 2020-_5_- 1 WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 815 on December 30, 1998, approving the North Highway Amended and Restated Plan and malting certain findings; WHEREAS, the City Council, after notice duly published, conducted apublic hearing on the Downtown District Redevelopment Plan (the "Downtown Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 910 on December 17, 2003, approving the Downtown Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Second Amended and Restated Urban Renewal Plan, North Highway Urban Renew al Project, Including South Addition (the "Second Amended and Restated North Highway Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 950 on December 21, 2005, approving the Second Amended and Restated North Highway Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the University Boulevard -South 12th West Urban Renewal Plan (the "University Boulevard Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 996 on December 19, 2007, approving the University Boulevard Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Amended and Restated Downtown District Redevelopment Plan (the "Amended and Restated Downtown Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1035 on December 2, 2009, approving the Amended and Restated Downtown Plan, and malting certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Second Amended and Restated Downtown District Redevelopment Plan, Downtown Urban Renewal Project (the "Second Amended and Restated Downtown Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1123 on November 5, 2014, approving the Second Amended and Restated Downtown Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the North Interchange Urban Renewal Project (the "North Interchange Plan"); RESOLUTION NO, 2020-� - 2 WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1134 on December 2, 2015, approving the North Interchange Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Second Amended and Restated Urban Renewal Plan, North Highway Urban Renewal Project, Including South Addition (the "First Amendment to the Second Amended and Restated North Highway Plan") seeking deannexation of a number of parcels from the existing Second Amended and Restated North Highway Project Area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1230 on June 17, 2020, approving the First Amendment to the Second Amended and Restated North Highway Plan, and malting certain findings; WHEREAS, the above referenced urban renewal plans and their project areas are collectively referred to as the Existing Project Areas; WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented, the City commenced certain discussions concerning examination of an additional area within the City and outside the City limits within unincorporated Madison County as appropriate for an urban renewal project; WHEREAS, in July 2020, the City authorized Richard Horner, to continence an eligibility study and preparation of an eligibility report of an area including necessary properties and roadway along the proposed extension of North 5th West from the Madison County Fairgrounds to West Moody Road, including properties necessary to construct an overpass on West Moody Road over State Highway 20. The proposed area also includes properties and roadway along North 2nd East and the North Yellowstone Highway from East 1st North to East Moran View Road. The proposed area also includes properties and roadway along East 7th North and Barney Dairy Road. It also includes undeveloped properties between East 7th North and Barney Dairy Road and East 2nd North. Lastly, the area also includes necessary properties along the proposed extension of East Parkway from about 6th South to East Moody Road. Collectively this area is referred to as the "North Central Study Area." WHEREAS, the Agency obtained The North Central Area Urban Renewal Eligibility Report, dated July 3, 2020 (the "Eligibility Report"), which examined the North Central Study Area, which area also included real property located within unincorporated Madison County, for RESOLUTION NO.2020-�L - 3 the purpose of determining whether such area was a deteriorating area or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, pursuant to Idaho Code §§ 50-2018(9) and 50-2903(8), which define a deteriorating area and a deteriorated area, many of the conditions necessary to be present in such areas to be deemed eligible are found in the North Central Study Area, i.e. predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness/obsolete platting; insanitary or unsafe conditions; deterioration of site and other improvements; and the existence of conditions which endanger life or property by fire and other causes; WHEREAS, under the Act, a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. See, Idaho Code § 50- 2903(8)(c); WHEREAS, the North Central Study Area includes a substantial amount of open land or open area; WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open land areas, including open land areas to be potentially acquired by the Agency, which are the same or similar to the conditions set forth in the definitions of "deteriorating area" and "deteriorated area;" WHEREAS, the Eligibility Report addresses the necessary findings concerning including open land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50- 2903(8)(c), and 50-2008(d); WHEREAS, the effects of the listed conditions cited in the Eligibility Report result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the Agency Board, on July 9, 2020, adopted Resolution No. 2020-03 accepting the Eligibility Report and authorized the Agency Chair to transmit the Eligibility Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan for the North Central Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, the Agency also authorized the transmittal of the Eligibility Report to the Madison County Board of County Commissioners for purposes of obtaining a resolution determining such areas outside the boundaries of the incorporated City and within unincorporated Madison County to be deteriorated and/or deteriorating and finding the need for an urban renewal project for the proposed North Central Study Area; RESOLUTION NO. 2020-_5_ - 4 WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits and within its area of operation without the approval by resolution of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the area considered within the Eligibility Report included certain properties within unincorporated Madison County; WHEREAS, the Eligibility Report was submitted to the Madison County Board of County Commissioners, and the Madison County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed North Central Study Area; WHEREAS, the Madison County Board of County Commissioners adopted the Agency's findings concerning the proposed North Central Study Area by adopting Resolution No. 447 on July 13, 2020; WHEREAS, the City Council, by Resolution No. 2020-12, dated July 15, 2020, declared the North Central Study Area described in the Eligibility Report to be a deteriorated area or deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project, that the Madison County Board of County Commissioners adopted the necessary resolution and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the Agency embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the North Central Urban Renewal Project (the "North Central Plan") to develop and/or redevelop a portion of the City, or within the City's area of operation, pursuant to the Law and the Act, as amended; WHEREAS, the North Central Plan proposes to create an urban renewal area commonly known as the North Central Area, which area is shown on the Boundary Map of Urban Renewal Project Area and Revenue Allocation Area and described in the Description of Urban Renewal Project Area and Revenue Allocation Area, which will be attached to the North Central Plan as Attachments 1 and 2 respectively. Attachments 1 and 2 are anticipated to be completed by the surveyor in several weeks; WHEREAS, the area included in the North Central Project Area is smaller than the area assessed in the Eligibility Report; WHEREAS, in order to implement the provisions of the Act and the Law either the Agency may prepare a plan, or any person, public or private, may submit such plan to the Agency; WHEREAS, the Agency has prepared the proposed North Central Plan for the area previously designated as eligible for urban renewal planning; RESOLUTION NO. 2020-9 -5 WHEREAS, the Act authorizes the Agency to adopt revenue allocation financing provisions as part of an urban renewal plan; WHEREAS, the North Central Plan also contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, in order to implement the provisions of the Law and the Act, the Agency shall prepare and adopt the North Central Plan and submit the North Central Plan and recommendation for approval thereof to the City; WHEREAS, the Agency Board, at several Agency Board meetings in 2020, has considered public improvements related to the North Central Project Area; WHEREAS, as required by the Law and the Act, the Agency has reviewed the information within the North Central Plan concerning the use of revenue allocation funds and approved such information and considered the North Central Plan at several Agency Board meetings in 2020, including at its meeting on September 24, 2020; WHEREAS, the North Central Plan will be tendered to the Planning and Zoning Commission and to the City for their consideration and review as required by the Law and the Act; WHEREAS, under the Act, the North Central Plan shall include with specificity the following: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) a statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; and (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in Idaho Code § 50-2903(20); and (8) a description of the disposition or retention of any assets of the agency upon the termination date; WHEREAS, it is necessary and in the best interests of the citizens of the City to recommend approval of the North Central Plan and to adopt, as part of the North Central Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the North Central Plan in order to (1) encourage private development in the urban renewal area; (2) to prevent and arrest decay of the North Central Project Area due to the inability of existing financing methods to provide needed public improvements; (3) to encourage taxing districts to cooperate in the allocation of future tax revenues arising in the North Central Project Area in order to facilitate the long-term growth of their common tax base; (4) to encourage the long-term growth of their common tax base; (5) to encourage private investment within the City and (6) to further the public purposes of the RESOLUTION NO.2020-� -6 Agency; WHEREAS, the Agency Board finds that the equalized assessed valuation of the taxable property in the revenue allocation area described in Attachments 1 and 2 of the North Central Plan is likely to increase as a result of initiation of urban renewal projects in accordance with the North Central Plan; WHEREAS, under the Law and Act, any such plan should provide for (1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality, or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, under the Law and Act, Idaho Code Sections 50-2018(9) and 50-2903(8)(f), the definition of a deteriorated area and a deteriorating area shall not apply to any agricultural operation, as defined in Idaho Code Section 224502(2), 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; WHEREAS, the North Central Study Area includes parcels subject to such consent and the necessary consents have been obtained (the "Ag Consents") and are attached to the North Central Plan as Attachment 6; RESOLUTION NO.2020-�_ - 7 WHEREAS, in general, and for purposes of the Ag Consents, the Agency is not a taxing district and does not have the authority to impose an ad valorem tax. Further, the Agency does not determine the value of property, which is determined by the Madison County Assessor, or participate in the establishment of any taxing district levies, which is predominantly driven by each individual taxing district's annual budgeting process; WHEREAS, several of the Ag Consents seek to condition or limit development, or impose specific public improvements in conjunction with any private development on certain parcels, which could, limit the Agency's discretion and ability to fully carry out urban renewal projects as identified in the urban renewal plan; WHEREAS, the base assessment roll of the proposed North Central Project Area, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent (10%) of the current assessed values of all the taxable property in the City; WHEREAS, Agency staff and consultants recommend the Agency Board accept the North Central Plan and forward it to the City Council; WHEREAS, the Agency Board finds it in the best interests of the Agency and the public to formally adopt the North Central Plan, as set forth in Exhibit 1 attached hereto, and to forward it to the Mayor and City Council, and recommend its adoption, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE REXBURG REDEVELOPMENT AGENCY, REXBURG, IDAHO AS FOLLOWS: Section 1: That the above statements are true and correct. Section 2. It is hereby found and determined that the North Central Project Area as defined in the North Central Plan is a deteriorated area, a deteriorating area, or a combination thereof, as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law. Section 3. That the Agency specifically adopts the North Central Plan along with any changes discussed at the September 24, 2020, Agency Board meeting, including but not limited to finalization of Attachments to the Plan, confirmation of taxing district levy rates, confirmation of the affected taxing districts, updated list of projects, estimated location or siting of improvements, updated map or legal description (to be completed within the next several weeks) and any modifications to the economic feasibility study previously prepared by the Richard Horner, Section 4. That the Agency recommends that the North Central Plan, a copy of which is attached hereto as Exhibit 1, and incorporated herein by reference, be adopted by the City Council, including those sections, modifications, or text, or replacement of Attachments as discussed at the September 24, 2020, Agency Board meeting. RESOLUTION NO. 2020- 5 - 8 Section 5. That the required agricultural operation consents have been obtained by the Agency. That in general, and for purposes of the Ag Consents, the Agency is not a taxing district and does not have the authority to impose an ad valorem levy. Further, the Agency does not determine the value of property, which is determined by the Madison County Assessor, or participate in the establishment of any taxing district levies, which is predominantly driven by each individual taxing district's annual budgeting process. The Agency further acknowledges several of the Ag Consents seek to condition or limit development, or impose specific public improvements in conjunction with any private development on certain parcels, which could, limit the Agency's discretion and ability to fully carry out urban renewal projects as identified in the urban renewal plan Section 6: That the City and Madison County shall enter into an Intergovernmental Agreement addressing any properties outside the City limits and within unincorporated Madison County as required by the Act. Section 7. That Agency staff, prior to consideration of the North Central Plan by the City Council will include final Attachments to the Plan, including but not limited to the boundary map, legal description, properties which may be acquired by the Agency, the map depicting expected land uses and the current zoning map of the project area, the economic feasibility study, with all the attachments, the map showing the proposed location of public improvements in the project area and the agricultural operations consents. Section 8. That this Resolution constitutes the necessary action of the Agency under the Act, Idaho Code § 50-2905, recommending approval by the City and that the North Central Plan includes with specificity the following: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) a statement listing the kind, member, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; and (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in Idaho Code § 50-2903(20); and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Section 9. It is hereby found and determined that: (a) The North Central 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, commercial and industrial components of the North Central Plan and the need forpublic improvements), and shows consideration for the health, safety, and welfare of any residents or businesses in the general vicinity of the urban renewal area covered by the North Central Plan. RESOLUTION NO.2020-(�l - 9 (b) The North Central Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the Project Area by private enterprises. (c) To the extent necessary, the North Central Plan provides a feasible method for relocation of any displaced families residing within the North Central Project Area. (d) The North Central Project Area contains open land areas, that the Agency may acquire any open land, that the North Central Project Area is planned to be redeveloped in a manner that will include both residential and non- residential uses and that the 'open land" criteria set forth in the Law and Act have been met. (e) The portion of the North Central Project Area which is identified for residential uses is necessary and appropriate as the City Council may find there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area of residential uses is an integral part of and essential to the program of the City. (f) The portion of the North Central Project Area which is identified for non- residential uses, the City Council may find is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the 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. (g) The base assessment roll of the proposed North Central Project Area, togetherwith the base assessment roll values of the Existing Project Areas, do not exceed ten percent (10%) of the current assessed values of all the taxable property in the City. (h) The North Central Plan includes a revenue allocation provision and the Agency has determined that the equalized assessed valuation of the revenue allocation area will likely increase as the result of the initiation of an urban renewal project. Section 10. That this Resolution constitutes the necessary action of the Agency under the Law, Section 50-2008, Idaho Code and the Act. RESOLUTION NO. 2020- 5 - 10 Section 11. The Chair or Administrator and the Secretary of the Agency are hereby authorized and directed to take all steps necessary and convenient to submit the proposed North Central Plan for approval by the City Council, including but not limited to the preparation of the notice of public hearing on adoption of the revenue allocation financing provisions by the City and submittal of the North Central Plan to the various taxing entities as required by Idaho Code § 50-2906. Section 12. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Rexburg Redevelopment Agency of Rexburg, Idaho, on SeptemberIA 2020. Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on September 2A, 2020. APPROVED: REXBURG REDEVELOPMENT AGENCY Chair ATTEST: By W t4w/d c �U — Secretary 4850-1962-1834, v.1 RESOLUTION NO. 2020-a- 11