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Home My WebLink AboutExhibit A - West Highway District Eligibility ReportPERSPECTIVE PLANNING & CONSULTING West Highway District ELIGIBILITY REPORT PREPARED BY Brad Cramer, MPA, AICP Perspective Planning & Consulting LLC Brad Cramer, MPA, AICP Perspective Planning & Consulting LLC West Highway District PREPARED BY ELIGIBILITY REPORT Contents EXECUTIVE SUMMARY01 CURRENT CONDITIONSIN THE STUDY AREA 08 BACKGROUND INFORMATION 04 SUMMARY OF THE STUDY AREA 06 FINDINGS19 CONCLUSION25 APPENDIX A: Additional Site Photos 28 APPENDIX B:Steps to Creatingan Urban Renewal District APPENDIX C: Open Lands Analysis 34 36 Madison Ronneburg, Graphic DesignerPovey Design Co. LLC. LAYOUT DESIGN BY This report is a review of approximately 840 acres generally bounded by 1000 South on the southern end, US Highway 20 on the east, 3000 West on the western side, 2000 North on the northern boundary to determine if it is eligible for designation as an Urban Renewal Area (URA) and appropriate for an urban renewal project under the Idaho Executive Summary Urban Renewal Law of 1965 and Local Economic Development Act, which are described in more detail in Appendix B. For purposes of this report, the area under consideration will be referred to as the Study Area. It includes areas both in private ownership as well as lands owned by the City of Rexburg and Madison County. The Study Area boundaries are shown on Map 1. The Idaho Urban Renewal Law of 1965, which comprises Chapter 20, Title 50 as 01 Unsuitable Topography Age or Obsolescence Commercial development is newer and residential homes are still functional and in good condition. There are issues with a misaligned intersection, and extreme challenges with widening 12th West. Study Area is generally ﬂat and challenges to development due to topography are limited. Too many access points along arterials creates unsafe trac conditions. Lack of bicycle and pedestrian infrastructure on arterials is also unsafe. TABLE 1Summary of Findings CRITERIONMET Substantial Deterioration of Site Predominance of Defective Street Layout or Inadequate Street Layout Insanitary or Unsafe Conditions Most existing development is older residential homes, which are still in good condition. The site is also in generally good condition. CRITERION CHARACTERISTICSSUPPORTING FINDING Too many access points create slower speeds than designed. Lack of bicycle and pedestrian infrastructure is not reﬂective of development patterns in the Study Area. The main intersection of the Study Area, Hwy 33 and 12th West, is misaligned and very dicult to correct and widen due to lack of right-of-way. This is the main connection to Rexburg to the east. Areas with existing housing would require platting to establish developable lots. Need for Correlation of Area with Other Areas of by Streets and Modern Trac Requirements Faulty Lot Layout Outmoded Street Patterns amended and the Local Economic Development Act, comprising Chapter 29, Title 50 of Idaho Code as amended, outline the statutory criteria for determining whether an area is eligible to be designated as a URA. To be eligible, a site must be determined to be a deteriorating and/or deteriorated area by meeting at least one of these statutory criteria. The review of the Study Area determined that it meets at least one of the criteria and is, therefore, eligible to be an urban renewal project. A summary of the criteria and whether they are met is included below in Table 1. The full analysis of each criterion is included in the main body of the report. 02 Diversity of Ownership The area northwest of the Hwy 33 and 12th West intersection has multiple owners that make redevelopment challenging. Ownership along the arterials is diverse, making road widening dicult. TABLE 1Summary of Findings Continued Tax or Special AssessmentDelinquency Defective or Unusual Conditions of Title Existence of Conditions WhichEndanger Life or Property Impairs or Arrests the SoundGrowth of a Municipality Retards Development of the Area Economic Underdevelopment and Economic Disuse Major infrastructure in the Study Area is required to support development both within and without the boundaries. There are major challenges to constructing these necessary components. Lack of bicycle and pedestrian infrastructure on arterials endangers life. Too many access points on arterials, especially near the curve in Hwy 33 creates overlapping points of conﬂict. Not reviewed. Not reviewed. The challenges to development have or will slow growth due to extreme costs and lack of opportunity for cost sharing. See above. CRITERIONMETCRITERION CHARACTERISTICSSUPPORTING FINDING 03 COMMERCIAL DEVELOPMENT AT HWY 33 AND 12TH WEST The Rexburg Urban Renewal Agency (RURA) is the urban renewal agency of the City of Rexburg. RURA was created on November 6, 1991, for the purpose of eliminating blight and deteriorating conditions in the City of Rexburg. RURA currently manages four Urban Renewal Districts. The Mayor, with the conﬁrmation of the City Council, has appointed seven individuals to the RURA Board: Scott Miller serves as the Administrator of RURA, Leslie Giles is the Assistant Administrator and Matt Nielson serves as Treasurer. Meghan Conrad with Elam and Background Information THE REXBURG URBAN RENEWAL AGENCY Bill Riggins, ChairpersonTraci Peterson, Vice ChairpersonRandall Porter, SecretaryTisha FloraRobert ChambersDustin ParkinsonJC Weber Burke is legal counsel for RURA. Brad Cramer with Perspective Planning and Consulting has been engaged to prepare an eligibility report to determine if the Study Area meets the criteria for consideration as an Urban Renewal Area (URA). Additional information on Idaho’s urban renewal program is included in Appendix B. LOOKING WEST FROM HIDEOUT STREET 05 DEVELOPABLE AREA NORTH OF HWY 33 04 The purpose of this report is to determine if the Study Area meets the criteria outlined in Idaho statutes, Idaho Code Sections 50-2018(8), (9), and 50-2903(8), for a URA. This report is the ﬁrst step to assist the Rexburg City Council determine if there is a need for creating a URA in a portion or all of the Study Area. To be eligible for the creation of a URA, the Study Area must have at least one of the statutory characteristics present. Determining that an area is eligible, however, does not obligate RURA or City Council to proceed with the creation of a URA. A full description of the steps in creating a URA and Revenue Allocation Area (RAA) is included in Appendix B. PURPOSE OF THE REPORT Urban RenewalBackgroundInformation In response to federal programs funding redevelopment of “blighted” urban areas in the mid-twentieth century, Idaho passed the Idaho Urban Renewal Law of 1965. The law authorized Idaho Municipalities to identify deteriorating areas within their communities and to use federal grant monies to improve and, if necessary, redevelop these areas. Support for such federal expenditures dissipated and eventually ended in the early 1970’s. With the loss of federal support, states needed another tool to assist cities to redevelop deteriorating areas and to participate in the economic vitality of their communities. Idaho cities have a signiﬁcant ﬁnancial challenge in responding to the infrastructure demands of growth along with the on-going need to maintain the existing physical plant in good repair. Idaho cities face stringent constitutional limitations and near total dependence upon state legislative action to provide funding. An Idaho city’s access to funding sources and the ability to employ eective ﬁnancing mechanisms such as general obligation bonding severely constrain capital investment strategies. Tools available to cities in Idaho Code Title 50, Chapters 20 and 29, the Urban Renewal Law of 1965 and the Local Economic Development Act, respectively, are some of the few available to assist communities in their eorts to support economic vitality. New sources of State support, such as Community Infrastructure Districts (CIDs) are available but still largely untested, thus RURA’s on-going interest in exploring the potential for establishing additional urban renewal/revenue allocation areas is appropriate. DEVELOPABLE AREA NORTH OF HWY 33 05 The Study Area includes approximately 400 parcels and 840 acres. It is bounded by 1000 South on the southern end, US Highway 20 on the east, 3000 West on the western side, 2000 North on the northern boundary. Not all of the Study Area is currently annexed into the City of Summary of the Study Area Rexburg. Approximately 200 acres, or 23% remains in Madison County, although most of these lands are within the Area of City Impact. Most of the Study Area is undeveloped, although the central area at the intersection of Highway 33 and 12th West (the main north/south roadway in the Study Area) has seen increased growth over the past several years. This intersection is highlighted by commercial and oce development. Further south a new residential neighborhood is being 06 developed just north of 1000 South. To the south of the Study Area is the University Boulevard Urban Renewal District, which includes several Madison High School facilities as well as an elementary school. It also includes newer commercial development. This growth has inﬂuenced increased demand for development and infrastructure in the Study Area. The northwest section of the Study Area is also adjacent to new residential development and is platted for future single-family dwellings. Commercial growth in the Study Area began in the early 2000’s, based on historic aerial imagery. The Valley Wide Country Store ﬁrst appears in the 2003 aerial, although the building date was not available from the Madison County parcel report. In that aerial there are also several buildings shown on the northwest corner of the intersection of Highway 33 and 12th West. Map 2 shows the Study Area in 2003. By 2006, other commercial and professional buildings were also constructed as well as new roads south of Highway 33 to service the new development. By 2009, Madison High School was under construction and growth has continued to increase since that time. With the increased growth has come higher demands on public infrastructure such as roads and utilities. The main roadways in the Study Area lack complete infrastructure and are, for the most part, two-lane county road sections. With the signiﬁcant investment in educational facilities to the south, the need for improved bicycle and pedestrian infrastructure is critical for students to have save routes for alternative modes of transportation. There are also several areas in the central part of the Study Area were access points and intersection alignment need to be resolved to accommodate anticipated increases in trac as commercial growth continues. On both the north and south of the Study Area, Rexburg City sta indicated the need for regional lift stations to support growth as well. Each of these conditions contributes to RURA’s desire to consider a new urban renewal district. DEVELOPABLE FIELD SOUTH OF SUMMERFIELD LANE DEVELOPABLE FIELD WEST OF SUMMERFIELD LANE 07 TOPOGRAPHY & GEOLOGY Current Conditions In The Study Area Map 3 shows the topography of the Study Area. In general, topography maps available online show the Study Area to be relatively ﬂat with no major changes in elevation that would pose a signiﬁcant challenge to development. Likewise, USDA’s Natural Resources Conservation Service (NRCS) soil maps (shown on Map 4) show the area is predominately Labenzo Silt Loam, which does not present signiﬁcant limitations to development. There are several portions of the Study Area, especially those near the Teton River and golf course, which are more prone to ﬂooding and have a higher water table. There are also some areas along US 20 and just north of Highway 33 which are within FEMA ﬂood zone AE, or 100-year ﬂood zone. Although this does not mean development is impossible, it will require additional remediation and coordination with appropriate entities. 08 LAND USES & STRUCTURES Although most of the Study Area is undeveloped land or public open space, there are other developed uses within the boundary. Residential uses are primarily single-family dwellings, including a small mobile home park. There is also a townhome development just outside of the southern part of the Study Area in the Karchner neighborhood. Commercial uses include retail, ﬁnancial institutions, and professional and medical oces. There are buildings under construction on both the north and south sides of Highway 33. The Teton Lakes Golf Course takes up approximately 185 acres in the northern portion of the Study Area. With the exception of residences developed in Madison County, existing structures in the Study Area are relatively new. These mainly include commercial and oce development around the intersection of Highway 33 and 12th West. Among the existing residences, there are some signs of aging and there are deteriorating out-buildings. For the most part, however, structures are not in a state of deterioration or demonstrate any unsafe conditions. 09 STREETS There are several major roadways in the Study Area as shown on Map 5. Highway 33, the only major arterial in the Study Area, is the main east/west connection, which transitions to Rexburg’s Main Street east of the intersection with 12th West. 1000 South is also a main east/west roadway. For north/south connectivity 12th West is the only street which crosses the entire Study Area. 1000 South is a major collector and 12th West is a minor arterial according to the 2022 Transportation Master Plan (TMP). The other roadways within the Study Area are local roads. Most of the streets around the US 20 interchange are new and in good condition, including Summers Drive, Summit Drive, Erickson Drive, Winn Drive, Firehole Drive, and Sawtelle Avenue. There are two county roadways included in the Study Area. These include 2162 West, located just west of the interchange and services a small residential neighborhood, and 460 North, which is located between Highway 33 and the golf course and services an existing mobile home park. 460 North is in fair condition with sidewalks but no curb and gutter, with drainage instead managed by an inverted crown and water running to the center of the roadway. 2162 West is an unimproved roadway with no asphalt, curb or gutter. Additionally, it is a loop road and connects to Highway 33 less than 500 feet from the intersection of the highway and 12th West. Access issues are discussed in more detail in the Findings section of this report. During the site visit with City sta, and in a close review of the area, there were several connectivity and access issues identiﬁed, primarily focused around the intersection of 12th West and Highway 33 and US 20. First, US 20 represents a substantial barrier separating the Study Area from the rest of the City of Rexburg. Although Highway 33 connects under US 20 as it transitions to Main Street, there are no other crossings for approximately 1.5 miles to south and 3.5 miles to the north. Each of these other crossings are other interchanges. There are no other over- or under-passes to provide connectivity to the east. The City would like to see 1000 South (which transitions to 7th South east of 12th West) eventually connect across US 20. The second major connectivity issue is the intersection of Highway 33 and 12th West. The intersection is currently not aligned properly on either axis. An image of the intersection is included below, which shows the osets of each section of the roadway. The image also highlights the challenges in correcting the intersection. Additional right-of-way will be needed from adjacent properties in order to widen the intersection and add landscaping and pathways. It will also require the entire street light infrastructure to be relocated. This is not only extremely costly, but is also a deterrent to redevelopment of the northwest corner of the intersection, as any improvements could result in requirements for the site to upgrade to current zoning standards, which could impact the functionality of the current use. In addition to the intersection alignment issue, there are also too many access points on the north side of Highway 33 west of the intersection with 12th West. Access points to individual properties are considered minor intersections according to the TMP, and do not have speciﬁed spacing requirements. However, spacing for major intersections (non-signalized intersections of streets on an arterial) are meant to be guidelines. At a minimum, access points on major arterials should be spaced 660 feet apart. West of the Highway 33/12th West intersection, there are driveways spaced as little as 45 feet apart. Within 1800 feet of the intersection, an area that should only have three access points, there are 16 access points, most of which are direct access to private properties. This disrupts the intended nature of the major arterial and creates many overlapping conﬂict points on a higher speed roadway. This issue is exacerbated by the fact that Highway 33 curves to the south approximately 1700 feet west of the intersection, reducing visibility of and for trac travelling from the west. Although the issue is less pronounced on 12th West, north of the intersection, there are similar access concerns on the west side of the roadway. Within the ﬁrst 1200 feet there are eight access, rather than the two that would exist if access management standards were followed. Even new development to the south shows intersections which are spaced too close together, speciﬁcally the distance between the driveway to Valley Wide Country Store and Summers Drive, which is only 126 feet measured center-to-center. Access to adjacent land uses is also problematic along 12th West north of the golf course and south of the intersection with Highway 33. In these sections, existing residential development includes individual driveways onto an arterial roadway. This land use development pattern makes widening the road challenging due to land purchases or dedications which may need to be negotiated with property owners who have mature landscapes within the future right-of-way. Additionally, in the area south of the Highway 33/12th West intersection there is a canal running parallel with the roadway for approximately 1300 feet which will make road widening challenging and costly. 10 There are several major roadways in the Study Area as shown on Map 5. Highway 33, the only major arterial in the Study Area, is the main east/west connection, which transitions to Rexburg’s Main Street east of the intersection with 12th West. 1000 South is also a main east/west roadway. For north/south connectivity 12th West is the only street which crosses the entire Study Area. 1000 South is a major collector and 12th West is a minor arterial according to the 2022 Transportation Master Plan (TMP). The other roadways within the Study Area are local roads. Most of the streets around the US 20 interchange are new and in good condition, including Summers Drive, Summit Drive, Erickson Drive, Winn Drive, Firehole Drive, and Sawtelle Avenue. There are two county roadways included in the Study Area. These include 2162 West, located just west of the interchange and services a small residential neighborhood, and 460 North, which is located between Highway 33 and the golf course and services an existing mobile home park. 460 North is in fair condition with sidewalks but no curb and gutter, with drainage instead managed by an inverted crown and water running to the center of the roadway. 2162 West is an unimproved roadway with no asphalt, curb or gutter. Additionally, it is a loop road and connects to Highway 33 less than 500 feet from the intersection of the highway and 12th West. Access issues are discussed in more detail in the Findings section of this report. During the site visit with City sta, and in a close review of the area, there were several connectivity and access issues identiﬁed, primarily focused around the intersection of 12th West and Highway 33 and US 20. First, US 20 represents a substantial barrier separating the Study Area from the rest of the City of Rexburg. Although Highway 33 connects under US 20 as it transitions to Main Street, there are no other crossings for approximately 1.5 miles to south and 3.5 miles to the north. Each of these other crossings are other interchanges. There are no other over- or under-passes to provide connectivity to the east. The City would like to see 1000 South (which transitions to 7th South east of 12th West) eventually connect across US 20. The second major connectivity issue is the intersection of Highway 33 and 12th West. The intersection is currently not aligned properly on either axis. An image of the intersection is included below, which shows the osets of each section of the roadway. The image also highlights the challenges in correcting the intersection. Additional right-of-way will be needed from adjacent properties in order to widen the intersection and add landscaping and pathways. It will also require the entire street light infrastructure to be relocated. This is not only extremely costly, but is also a deterrent to redevelopment of the northwest corner of the intersection, as any improvements could result in requirements for the site to upgrade to current zoning standards, which could impact the functionality of the current use. In addition to the intersection alignment issue, there are also too many access points on the north side of Highway 33 west of the intersection with 12th West. Access points to individual properties are considered minor intersections according to the TMP, and do not have speciﬁed spacing requirements. However, spacing for major intersections (non-signalized intersections of streets on an arterial) are meant to be guidelines. At a minimum, access points on major arterials should be spaced 660 feet apart. West of the Highway 33/12th West intersection, there are driveways spaced as little as 45 feet apart. Within 1800 feet of the intersection, an area that should only have three access points, there are 16 access points, most of which are direct access to private properties. This disrupts the intended nature of the major arterial and creates many overlapping conﬂict points on a higher speed roadway. This issue is exacerbated by the fact that Highway 33 curves to the south approximately 1700 feet west of the intersection, reducing visibility of and for trac travelling from the west. Although the issue is less pronounced on 12th West, north of the intersection, there are similar access concerns on the west side of the roadway. Within the ﬁrst 1200 feet there are eight access, rather than the two that would exist if access management standards were followed. Even new development to the south shows intersections which are spaced too close together, speciﬁcally the distance between the driveway to Valley Wide Country Store and Summers Drive, which is only 126 feet measured center-to-center. Access to adjacent land uses is also problematic along 12th West north of the golf course and south of the intersection with Highway 33. In these sections, existing residential development includes individual driveways onto an arterial roadway. This land use development pattern makes widening the road challenging due to land purchases or dedications which may need to be negotiated with property owners who have mature landscapes within the future right-of-way. Additionally, in the area south of the Highway 33/12th West intersection there is a canal running parallel with the roadway for approximately 1300 feet which will make road widening challenging and costly. DEVELOPABLE FIELD WEST OF SUMMERS DRIVE MISALIGNED INTERSECTION: HIGHWAY 33 AND 12TH WEST 11 There are several major roadways in the Study Area as shown on Map 5. Highway 33, the only major arterial in the Study Area, is the main east/west connection, which transitions to Rexburg’s Main Street east of the intersection with 12th West. 1000 South is also a main east/west roadway. For north/south connectivity 12th West is the only street which crosses the entire Study Area. 1000 South is a major collector and 12th West is a minor arterial according to the 2022 Transportation Master Plan (TMP). The other roadways within the Study Area are local roads. Most of the streets around the US 20 interchange are new and in good condition, including Summers Drive, Summit Drive, Erickson Drive, Winn Drive, Firehole Drive, and Sawtelle Avenue. There are two county roadways included in the Study Area. These include 2162 West, located just west of the interchange and services a small residential neighborhood, and 460 North, which is located between Highway 33 and the golf course and services an existing mobile home park. 460 North is in fair condition with sidewalks but no curb and gutter, with drainage instead managed by an inverted crown and water running to the center of the roadway. 2162 West is an unimproved roadway with no asphalt, curb or gutter. Additionally, it is a loop road and connects to Highway 33 less than 500 feet from the intersection of the highway and 12th West. Access issues are discussed in more detail in the Findings section of this report. During the site visit with City sta, and in a close review of the area, there were several connectivity and access issues identiﬁed, primarily focused around the intersection of 12th West and Highway 33 and US 20. First, US 20 represents a substantial barrier separating the Study Area from the rest of the City of Rexburg. Although Highway 33 connects under US 20 as it transitions to Main Street, there are no other crossings for approximately 1.5 miles to south and 3.5 miles to the north. Each of these other crossings are other interchanges. There are no other over- or under-passes to provide connectivity to the east. The City would like to see 1000 South (which transitions to 7th South east of 12th West) eventually connect across US 20. The second major connectivity issue is the intersection of Highway 33 and 12th West. The intersection is currently not aligned properly on either axis. An image of the intersection is included below, which shows the osets of each section of the roadway. The image also highlights the challenges in correcting the intersection. Additional right-of-way will be needed from adjacent properties in order to widen the intersection and add landscaping and pathways. It will also require the entire street light infrastructure to be relocated. This is not only extremely costly, but is also a deterrent to redevelopment of the northwest corner of the intersection, as any improvements could result in requirements for the site to upgrade to current zoning standards, which could impact the functionality of the current use. In addition to the intersection alignment issue, there are also too many access points on the north side of Highway 33 west of the intersection with 12th West. Access points to individual properties are considered minor intersections according to the TMP, and do not have speciﬁed spacing requirements. However, spacing for major intersections (non-signalized intersections of streets on an arterial) are meant to be guidelines. At a minimum, access points on major arterials should be spaced 660 feet apart. West of the Highway 33/12th West intersection, there are driveways spaced as little as 45 feet apart. Within 1800 feet of the intersection, an area that should only have three access points, there are 16 access points, most of which are direct access to private properties. This disrupts the intended nature of the major arterial and creates many overlapping conﬂict points on a higher speed roadway. This issue is exacerbated by the fact that Highway 33 curves to the south approximately 1700 feet west of the intersection, reducing visibility of and for trac travelling from the west. Although the issue is less pronounced on 12th West, north of the intersection, there are similar access concerns on the west side of the roadway. Within the ﬁrst 1200 feet there are eight access, rather than the two that would exist if access management standards were followed. Even new development to the south shows intersections which are spaced too close together, speciﬁcally the distance between the driveway to Valley Wide Country Store and Summers Drive, which is only 126 feet measured center-to-center. Access to adjacent land uses is also problematic along 12th West north of the golf course and south of the intersection with Highway 33. In these sections, existing residential development includes individual driveways onto an arterial roadway. This land use development pattern makes widening the road challenging due to land purchases or dedications which may need to be negotiated with property owners who have mature landscapes within the future right-of-way. Additionally, in the area south of the Highway 33/12th West intersection there is a canal running parallel with the roadway for approximately 1300 feet which will make road widening challenging and costly. END OF SIDEWALK ON 12TH WEST 12 UTILITIES Utility infrastructure in and around the Study Area is shown on Map 6. City of Rexburg Public Works sta provided information for this report that there are needed improvements in order to support current and future development in and around the Study Area. Speciﬁcally, there is a need for two area lift stations: one each on the north and south. The lift station on the north will also need to connect to a new pressurized sewer line that will run across the north boundary of the golf course. On the south, the gravity-fed sewer main does not extend far without needing an additional lift station in the area to support the additional growth. In terms of water service, there is a 14-inch water main that runs to the north end of the Study Area. Water service is currently sucient for known development projects, but the City desires a looped system to improve ﬂow and overall capacity. This is also water infrastructure that will help support development further north on both sides of US 20. 13 LOT LAYOUT Most of the Study Area includes either large, vacant areas which are not yet platted or areas which have recently been platted and development is either underway or eminent. In these areas, lot layout is either adequate or not yet deﬁned. There are, however, two areas where lot layout or ownership may cause challenges for development or redevelopment. The ﬁrst area is on the north side of Highway 33, at the point where the roadway curves to the south. Here, there are two lots which are challenging for development. At the time of this writing, these conditions are mitigated by the fact that these lots, as well as a large lot to the north, are all owned by a single entity. The second challenging area is just to the east of the curve in Highway 33, and extending north of the intersection of the highway and 12th West. Here, residential development has occurred with limited infrastructure. There are also several odd, shaped lots with limited access. Although some of this is mitigated by common ownership, any redevelopment of the area would require signiﬁcant eort to assemble the parcels under a single entity’s control. LOOKING EAST ACROSS HWY 20 FROM 7TH SOUTH LOOKING EAST ALONG HWY 33 NEW DEVELOPMENT ON SAWTELLE AVENUE NORTH END OF TETON LAKES GOLF COURSE 14 RexburgComprehensive Plan & Zoning There are ﬁve comprehensive future land use map designations within the Study Area as shown on Map 7. North of the US-20 interchange, most of the land is Low Residential or Open Space and Public Facilities. Immediately around the interchange most of the land is Commercial, with some smaller areas of Low Residential and Intermediate Residential. South of the interchange is almost entirely Low Residential. There is also a small area of Rural Cluster, which is the primary designation on lands west of the Study Area. Selections of each of the designation’s descriptions are included below: Low Residential: Low Residential (LR) areas will typically develop on the city’s edge, adjacent to natural elements such as rivers, ﬂoodplains, blus, view corridors, and farmland. To better integrate and preserve these unique features, design standards for new development may include open-style fencing and water-wise landscaping. 15 Intermediate Residential: Intermediate Residential (IR) areas will typically develop across the City, especially as a transition—also known as the missing middle—between low and high residential areas and other more intense uses such as commercial and mixed-use. These areas are intended to develop as complete neighborhoods, with small-scale services and public amenities within walking distance. Commercial: Commercial areas welcome a variety of retail and employment services appropriate for highway frontage areas. Uses may include grocery stores, shopping centers, dining, hotels, and other hospitality and entertainment options, as well as employment parks. Building types may include freestanding, mid-rise, retail and oce buildings in a uniﬁed campus-like setting with high quality design integrated with sidewalks, landscaped features, and public spaces. Given their location along major arterials and around transportation nodes, Commercial areas may become and ideal location for future transit facilities and electric vehicle charging stations. Open Space, Parks, & Public Facilities: The desired intent of this land use category is to provide public access to 16 The zoning in the Study Area is more diverse than the Comprehensive Plan. Zoning designations are shown on Map 8. North of the interchange, there are areas of Low Density Residential 1 (LDR1), Rural Residential 1 and 2 (RR1, RR2), Public Facilities (PF), and Transitional Agriculture In addition to the eligibility criteria discussed in this report, Idaho statutes limit the combined base assessment rolls of the existing and proposed RAAs to ten percent of the current assessed valuation of all taxable property within the municipality. Idaho Code Section 50-2903(15) states: Ten Percent Limitation & Assessed Valuation Within Revenue Allocation Area “Revenue allocation area” means that portion of an urban renewal area…where the equalized assessed valuation (as shown on the taxable property assessment rolls) of which the local governing body has determined, on and as a part of the urban renewal plan, is likely to increase as a result of the initiation of an urban renewal project….The base assessment roll or rolls of revenue allocation area or areas shall not exceed at any time ten percent (10%) of the current assessed valuation of all taxable property within the municipality.“ The Madison County Assessor’s Office provided the consultant the assessed value and adjusted base values of the existing urban renewal areas and the total assessed value of the city. Current valuations of parcels in the Study Area were obtained by the consultant through the City and County’s joint GIS Parcel Map. open spaces and recreational areas, as well as to essential public services and facilities. This land use category may include parks, playgrounds, sports ﬁelds golf courses, river amenities, and low impact recreational trails, as well as public buildings such as public and private educational institutions, churches, libraries, community centers, government oces, hospitals, and police and ﬁrestations. (TAG). Near the interchange there is a broader range of zones and allowed uses. These include Mixed Use (MU), Community Business Center (CBC), with a couple of small areas of TAG and Medium Density Residential 2 (MDR2). South of the interchange there are large areas of RR1 and RR2, LDR1, and Low Density Residential 2. It is important to note here again, several of the parcels both north and south of the interchange are not yet annexed into the City of Rexburg. Most of these areas, however, are within the Area of City Impact (AOI). The one exception to this is a small area just west of the south-ern curve of Highway 33, which is outside of the AOI and zoned TAG in Madison County. 17 The total combined adjusted base assessment rolls of the existing RAAs including the estimated base assessments for the Study Area will not exceed the estimated ten percent limit of $273,022,352. The combined rolls are estimated to be approximately 4% of the City’s total 2025 assessed valuation. At the time of the writing of this report, 2025 values had only recently been updated and there is a possibility that some of the data may reﬂect 2024 valuations. If the City Council determines to move forward with the creation of a new district, the 10% analysis should be updated as part of the economic feasibility study. However, the margin from the 10% is enough there should not be any concern that any data adjustments will aect the eligibility of the Study Area. TABLE 2 Statutory Ten Percent Limitation Analysis 2025 ASSESSED VALUE PERCENTAGE City of Rexburg Downtown North Central North Interchange University Boulevard TOTAL ASSESSED BASE URA’S $2,730,223,521 $32,941,731 $36,688,091 $3,934,165 $8,073,270 Study Area 28,036,291 $109,673,548 4.02% AREA ADJUSTED BASE LOOKING EAST FROM HIDEOUT STREET 18 To ﬁnd a study area is eligible for the creation of a URA and RAA, the Study Area must contain one or more of the statutory criteria spelled out in Idaho Code Sections 50-2018(8), (9), and 50-2903(8), and to the extent there is open land, the statutory criteria in Idaho Code Section 50-2903(8)(c). Below are the criteria and brief discussion of the ﬁndings. Most of the Study Area is undeveloped land, with a few exceptions. There is new commercial development at the intersection of Highway 33 and 12th West, where both buildings and infrastructure are in good condition. There are also several pockets of existing development, primarily residential, which are in Madison County’s jurisdiction. While these are older structures (construction years were not available), they remain in at least fair condition. There are a small number of structures, especially out-buildings on agricultural properties which are deteriorating, but they do not constitute a majority or even a substantial number of deteriorated or deteriorating structures. In terms of the site, as already noted, most of the land is undeveloped. There is some deterioration of the older commercial sites at the intersection of Highway 33 and 12th West and sections of roadways which show some signs of age. However, as with structures, the Study Area overall is in good condition without obvious signs of deterioration. This criterion is not met. Findings 01 There was no information on construction years of buildings within the Study Area, making it dicult to analyze the exact age of structures. Most of the residences developed in the county are visible in a 1985 aerial, which may mean there are homes and a couple of businesses which do not meet current building and ﬁre codes. However, as has been noted several times in this report, most of the Study Area is vacant, undeveloped land. The presence of older homes is not sucient on its own to meet the age and obsolescence criteria. The layout of and access to developable lands is an additional consideration. Within the Study Area, the only area which appears to have somewhat dicult access is the parcel just south of the proposed charter school site on 02 The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of the Site Age or Obsolescence 19 Similar to the criterion above, there are two features of the current street pattern that are outmoded. First is the abundance of access points on the principal arterials. This disrupts trac ﬂow and creates multiple overlapping points of potential conﬂict for moving trac. Under today’s standards for access management, not only would new access points be spaced at least 660 feet apart, but individual access points, especially for low density residential, would not be permitted directly onto arterial roadways. The second feature that is outmoded in the street pattern is the lack of a connected bicycle and pedestrian network. This is a combination of lack of curb, gutter, and sidewalk in many areas, lack of a signage and wayﬁnding system and lack of bike lanes on major roadways. With anticipation of strong residential growth combined with major education facilities located just south of the Study Area, a safe bicycle and 04 Outmoded Street Patterns In terms of the overall network and layout, there is good overall connectivity. However, as lands develop, the street layout is not sucient to accommodate signiﬁcant trac growth and there are several factors which make improvement challenging. First, 12th West is only a two-lane county road section in most of the Study Area and will need to be widened as development occurs. This is dicult because of existing residential development with direct access points, the need to acquire signiﬁcant right-of-way, and the canal running parallel with a 1300-foot portion of the roadway. This is a similar issue for improvements to Highway 33. There are too many access points on the highway, especially west of the intersection with 12th West. Finally, the misalignment of the intersection of Highway 33 and 12th West is a signiﬁcant challenge due to requirements to acquire right-of-way and the cost of relocating existing trac control infrastructure This criterion is met. 03 02 Predominance of Defective or Inadequate Street Layout 12th West. It is a vacant ﬁeld which has limited access due to the existing homes. However, even here there is one potential access point from 12th West as well as the potential to plan access through the sites the north. There is also a stub-road from Willow Brook Estates to the south. This criterion is not met. 20 Concern was raised by the City that there is a need for additional access across Highway 20. This need may grow as the area develops. However, data from the Idaho Transportation Department show that from 2014 to 2024, average daily trips on Highway 33 between 12th West and the underpass has actually decreased slightly. During the same period at the University Boulevard interchange, however, average daily trips increased nearly 900%, likely driven predominantly by the construction of the new Madison High School. As the area grows, the pressure for an additional Highway 20 crossing may grow, but the data does not suggest it is necessary yet. Still, the intersection of Highway 33 and 12th West is the main connection point from the Study Area to the rest of Rexburg and the intersection is misaligned. It will take signiﬁcant land acquisition to adequately improve the intersection with modern trac requirements and control devices. This criterion is met. 05 The Study Area contains several sections of vacant land large enough for modern development. There are other areas that contain sucient land for development that are challenging due to the presence of existing structures and homes, lack of access, lack of platting. These are predominately the residential areas along Highway 33 and 12th West. If the area were to redevelop, assembly of land would require cooperation of multiple landowners. Platting would also be required to create developable lots with adequate access. This criterion is met. 06 Need for Correlation of the Area with Other Areas of Municipality by Streets & Modern Trac Requirements Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 04 pedestrian network is critical. Where land is currently vacant adjacent to major roadways, this problem is easier to solve as land develops. But, similar to the widening of the roadway, where existing development is located such as residential homes, adding this type of infrastructure is much more challenging and costly. This criterion is met. 21 Most of the Study Area is ﬂat and topography does not pose a signiﬁcant challenge to development. During a site visit with City sta, there was discussion of topography playing a role in the need for regional lift stations, however in reviewing elevations, this appears to be more a factor of normal limitations to gravity fed sewer systems than a something complicated by topography of the land. Based on a review of the soils in the area, most of the developable lands do not show issues with shallow rock or unstable soils. There are a few areas with higher water tables as well as lands located in the 100-year ﬂood zone. While there may be some areas with boulders that will make excavation challenging, they are not severe enough to prevent development. This criterion is not met. 07 Unsuitable Topography Diversity of Ownership will be a challenge to development and redevelopment in certain areas of the Study Area. According to information received from online Rexburg and Madison County GIS maps there are approximately 400 parcels in the Study Area, but only 89 unique owners. The largest holding by a single private owner is approximately 163 acres, or about 20% of the Study Area. Madison and County and City of Rexburg control roughly a combined 25% of the land in the Study Area as well. For most of the Study Area, then, diversity of ownership is not a detriment to development. However, there are two key areas in which diversity of ownership is a challenge to redevelopment and improvement of critical infrastructure. 09 Diversity of Ownership There was nothing noted in the visits to the site that appeared to be insanitary. However, as already noted in criterion above lack of appropriate bicycle and pedestrian facilities, especially on routes to nearby educational facilities, create unsafe conditions. Also, abundance of access points on principal arterials create overlapping points of conﬂict for all turning movements and disrupt and slow trac on a road where vehicles expect to be moving at higher speeds. This criterion is met. 08 Insanitary or Unsafe Conditions 22 09 Taxes and special assessments were not evaluated for this report. This criterion is not met. 10 Conditions of title were not evaluated for this report.This criterion is not met. 11 Tax or Special Assessment Delinquency Defective or Unusual Conditions of Title There are three conditions which may endanger life or property by ﬁre or other causes. First, lack of bicycle and pedestrian infrastructure, especially with so many educational facilities near the southern portion of the Study Area, poses a risk of life to those who use alternative modes of transportation. This can be remediated with additional public infrastructure, including bike lanes and sidewalks or pathways. Second, also transportation related, is the over-abundance of access points on arterial roadways. This is especially prominent on the north side of Highway 33, west of the intersection with 12th West. Too many access points, especially on roads where trac is moving at higher speeds, creates overlapping points of conﬂict where vehicles can potentially hit 12 Existence of Conditions which Endanger Life or Property by Fire & Other Causes The ﬁrst area is the northwest corner of the intersection of Highway 33 and 12th West. There are 33 acres, with 18 unique owners. The largest land holding by a single owner in this area is around 4.5 acres. If there is any desire for redevelopment, there will be multiple owners that will have to be willing to sell property in order to assemble sucient lands for development. Although the above noted area would be challenging for redevelopment, there is not requirement that it redevelop for the district to be successful. However, the second area of concern, which is critical to the success of the Study Area’s development is 12th West. As trac increases, this roadway will need to be widened. As has been noted, there are at least 13 parcels that may be required to participate in future road widening, which are within the Study Area boundary and several more which are just outside the boundary. Because urban renewal agencies no longer have eminent domain authority, negotiations for any necessary acquisition of property for right-of-way is challenging, especially with so many owners. This criterion is met. 23 In areas that are developing, it is dicult to make a ﬁnding that conditions impair or arrest the sound growth of the municipality. In this case, however, there are conditions which do aect the growth of Rexburg. Sewer and water infrastructure is critical, not only to the Study Area but also, as noted by Public Works sta, development that is occurring to the north around the Teton River Temple site. Although some of that infrastructure exists, a major lift station, pressurized sewer main, and additional water mains to create a loop are required. In traditional settings, development is usually expected to pay for these types of upgrades, with costs being shared by owners of lands on both sides of the main roadway. This would mean developers on both sides of 12th West, where much of the infrastructure is needed would share costs. However, of the nearly 8,000 feet of 12th West where infrastructure and road widening may be needed, there is almost no frontage where both sides of the road are developable, or both sides have sucient lands to develop to the extent that such infrastructure investment would be feasible. On west side of the roadway there is over 2,500 lineal feet of land that is part of the river and likely undevelopable. On the east side of the roadway, over 3,500 feet of the frontage is covered by Teton Lakes Golf Course. This scenario makes bearing the cost of infrastructure equally by multiple developers nearly impossible. A public-private partnership will likely be required to successfully install the necessary infrastructure to support growth within and without the boundaries of the Study Area. This criterion is met. 13 12 Arrests or Impairs the Sound Growth of the Municipality each other. This issue is compounded by the curvature in the highway, reducing visibility just before hitting the highest concentration of access points. Third, there are several areas within the Study Area which are prone to ﬂooding and a high water table. This poses a risk to future development of structures and infrastructure. These sites may require additional remediation to protect against such damages. This criterion is met. 24 1415 Conditions which Retard Development of the Area AND Results in Economic Underdevelopment of the Area & Economic Disuse Similar to the above criterion, there are conditions which retard the development of the Study Area, resulting in economic underdevelopment and disuse. In summary, lack of critical public infrastructure, extreme challenges in widening arterial roads, a misaligned major intersection, too many access points along the arterials, and lack of opportunity to cost share among developers create major challenges for development of the Study Area. Although new development is occurring, based on conversations with City of Rexburg sta, development is reaching a point where it may not be able to continue at a normal pace without the assistance of a public-private partnership. These criteria are met. Conclusion The Study Area meets one or more of the criteria for eligibility under Idaho Code Sections 50-2018(8) and (9) and 50-2903(8). Though portions of the Study Area are actively being developed, there are signiﬁcant challenges created by the lack of critical public infrastructure, extreme challenges in widening arterial roads, a misaligned major intersection, too many access points along the arterials, and lack of opportunity to cost share among developers. Table 3 summarizes the ﬁndings of eligibility for the study area, which is also provided in the executive summary. LOOKING NORTH ALONG 12TH WEST LOOKING NORTH ALONG 12TH WEST3 25 Diversity of Ownership The area northwest of the Hwy 33 and 12th West intersection has multiple owners that make redevelopment challenging. Ownership along the arterials is diverse, making road widening dicult. Tax or Special AssessmentDelinquency Defective or Unusual Conditions of Title Not reviewed. Not reviewed. TABLE 3Summary of Eligibility Criteria Unsuitable Topography Age or Obsolescence Commercial development is newer and residential homes are still functional and in good condition. There are issues with a misaligned intersection, and extreme challenges with widening 12th West. Study Area is generally ﬂat and challenges to development due to topography are limited. Too many access points along arterials creates unsafe trac conditions. Lack of bicycle and pedestrian infrastructure on arterials is also unsafe. CRITERIONMET Substantial Deterioration of Site Predominance of Defective Street Layout or Inadequate Street Layout Insanitary or Unsafe Conditions Most existing development is older residential homes, which are still in good condition. The site is also in generally good condition. CRITERION CHARACTERISTICSSUPPORTING FINDING Too many access points create slower speeds than designed. Lack of bicycle and pedestrian infrastructure is not reﬂective of development patterns in the Study Area. The main intersection of the Study Area, Hwy 33 and 12th West, is misaligned and very dicult to correct and widen due to lack of right-of-way. This is the main connection to Rexburg to the east. Areas with existing housing would require platting to establish developable lots. Need for Correlation of Area with Other Areas of by Streets and Modern Trac Requirements Faulty Lot Layout Outmoded Street Patterns 26 Existence of Conditions WhichEndanger Life or Property Impairs or Arrests the SoundGrowth of a Municipality Retards Development of the Area Economic Underdevelopment and Economic Disuse Major infrastructure in the Study Area is required to support development both within and without the boundaries. There are major challenges to constructing these necessary components. Lack of bicycle and pedestrian infrastructure on arterials endangers life. Too many access points on arterials, especially near the curve in Hwy 33 creates overlapping points of conﬂict. The challenges to development have or will slow growth due to extreme costs and lack of opportunity for cost sharing. See above. CRITERIONMET CHARACTERISTICSSUPPORTING FINDING TABLE 3Summary of Eligibility Criteria Cont. CRITERION 27 APPENDIX A: Additional Site Photos 28 APPENDIX A:Additional Site Photos 28 APPENDIX A ADDITIONAL SITE PHOTOS 29 APPENDIX A ADDITIONAL SITE PHOTOS 29 APPENDIX A ADDITIONAL SITE PHOTOS 30 APPENDIX A ADDITIONAL SITE PHOTOS 30 APPENDIX A Rexburg West Division 1 Mitch Neibaur 208-351-0805 ADDITIONAL SITE PHOTOS 31 APPENDIX A ADDITIONAL SITE PHOTOS 31 APPENDIX A ADDITIONAL SITE PHOTOS 32 APPENDIX A ADDITIONAL SITE PHOTOS 32 APPENDIX A ADDITIONAL SITE PHOTOS EAST END OF FIREHOLE DRIVE 33 APPENDIX A ADDITIONAL SITE PHOTOS EAST END OF FIREHOLE DRIVE 33 If it is determined the Study Area has characteristics which meet one or more of the statutory criteria listed above, the Agency may accept the eligibility report and request its consideration by the governing body. No URA can be formed unless the City Council adopts a resolution ﬁnding the area under consideration is deteriorated or deteriorating Steps in Creating a URA & Revenue Allocation Area (RAA) If an urban renewal agency is in existence in a community, the creation of an urban renewal area, including a revenue allocation area (required for use of tax increment ﬁnancing), begins with an eligibility report for a designated area within the community. The central question for an eligibility report is whether the study area has at least one of the statutory characteristics which must be found to be considered eligible for urban renewal activities. These characteristics or criteria are: APPENDIX B: 1. The presence of a substantial number of deteriorated or deteriorating structures and deterioration of site [50-2018(9), 50-2903(8)(b) and (8)(c), and 50-2008(d)(4)(2)], 2. Age or obsolescence [50-2018(8) and 50-2903(8)(a)], . 3. Predominance of defective or inadequate street layout [50-2018(9) and 50-2903(8)(b)], 4. Outmoded street patterns [50-2008(d)(4)(2)], 5. Need for correlation of area with other areas of municipality by streets and modern trac requirements [50-2008(d)(4)(2)], 6. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting [50-2018(9), 50-2903(8)(b) and (8)(c)], and 50-2008(d)(4)(2)] 7. Unsuitable topography [50-2008(d)(4)(2)], 8. Insanitary or unsafe conditions [50-2018(9), 50-2903(8)(b)], 9. Diversity of ownership [50-2018(9), 50-2903(8)(b) and (8)(c), and 50-2008(d)(4)(2)], 10. Tax or special assessment delinquency [50-2018(9), 50-2903(8)(b)], and 50-2008 (d)(4)(2)] 11. Defective or unusual conditions of title [50-2018(9), 50-2903(8)(b) and (8)(c), and 50-2008(d)(4)(2)], 12. Existence of conditions which endanger life or property by ﬁre and other causes [50-2018(9), 50-2903(8)(b)], 13. Substantially impairs or arrests the sound growth of a municipality and is a menace to the public health, safety, morals or welfare [50-2018(9), 50-2903(8)(b) and 8(c)], 14. Conditions which retard development of the area [50-2008(d)(4)(2)], and 15. Results in economic underdevelopment of the area [50-2903(8)(b)] and economic disuse [50-2008(d)(4)(2)]. due to such characteristics, the redevelopment of the area is necessary for the welfare of the residents, and the area is appropriate for an urban renewal project. The resolution approved by City Council authorizes the Agency to prepare a plan for the proposed urban renewal area. The urban renewal area plan is to include the following with speciﬁcity: 34 If it is determined the Study Area has characteristics which meet one or more of the statutory criteria listed above, the Agency may accept the eligibility report and request its consideration by the governing body. No URA can be formed unless the City Council adopts a resolution ﬁnding the area under consideration is deteriorated or deteriorating Once the plan is prepared and approved by RURA, it is forwarded to the City Council. Prior to the public hearing before the City Council, the City Council forwards the plan to the City Planning and Zoning Commission for its determination that the plan conforms to the City’s comprehensive plan. At least thirty (30) days prior to the public hearing, a copy of the notice and plan is distributed to the taxing entities overlapping the boundaries of the proposed district. After receiving the recommendation of the commission, and after notice fully published, the public hearing is held. The City Council must approve an urban renewal plan, including revenue allocation ﬁnancing provisions, by an ordinance. If the ordinance is adopted by the City Council, a copy of the ordinance with legal description of the RAA is distributed to all the overlapping taxing entities, county ocials and the State Tax Commission. By state statute, following adoption of the ordinance, the RAA is eective January 1, of the year in which it is adopted. The RAA has a maximum life of twenty years under Idaho statutes. The urban renewal agency implements the plan adopted by the City Council. 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 on the revenue allocation area; 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 revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; 8. A description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets; due to such characteristics, the redevelopment of the area is necessary for the welfare of the residents, and the area is appropriate for an urban renewal project. The resolution approved by City Council authorizes the Agency to prepare a plan for the proposed urban renewal area. The urban renewal area plan is to include the following with speciﬁcity: 35 Open LandsAnalysis The Study Area has been subject to recent development. There are portions of the Study Area which could be considered a traditional “greenﬁeld” area and do not include agricultural land. Other portions of the Study Area, including areas that could be developed, contain agricultural uses. There are several parcels in both cases which are vacant and large enough for modern development. Idaho Code Section 50-2903(8)(c) states: “[a]ny area which is predominately 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. The provisions of section 50-2008(d), Idaho Code, shall apply to open areas.” The eligibility criteria set forth in Idaho Code Section 50-2903(8)(c) for predominantly open land areas mirror or are the same as those criteria set forth in Idaho Code Sections 50-2018(9) and 50-2903(8)(b). “Diversity of ownership” is the same, while “obsolete platting” appears to be equivalent to “faulty lot layout in relation to size, adequacy, accessibility, or usefulness.” “Deterioration of structures or improvements” is the same or similar to “a substantial number of deteriorated or deteriorating structures” and “deterioration of site or other improvements.” There is also an additional qualiﬁcation that the provisions of Idaho Code Section 50-2008(d) shall apply to open areas. Idaho Code Section 50-2008 primarily addresses the urban renewal plan approval process and Idaho Code Section 50-2008(d)(4) sets forth certain conditions and ﬁndings for acquisition of open land as follows: The urban renewal plan will aord 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: provided, that 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 APPENDIX C: 36 In sum, there is one set of ﬁndings if the area of open land is to be acquired and developed for residential uses and a separate set of ﬁndings if the land is to be acquired and developed for nonresidential uses. Basically, open land areas may be acquired by an urban renewal agency and developed for nonresidential uses if such acquisition is necessary to solve various problems, associated with the land or the infrastructure, that have delayed the area’s development. These problems include defective or usual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout. All the stated conditions are included in one form or another in the deﬁnition of a deteriorated area and/or a deteriorating area set forth in Idaho Code Sections 50-2903(8)(b) and 50-2018(9). The conditions listed only in Section 50-2008(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and “the need for the correlation of the area with other areas of a municipality by streets and modern trac requirements, or any combination of such factors or other conditions which retard development of the area.” The conclusion of this discussion concerning open land areas is that the area qualiﬁes if any of the eligibility conditions set forth in Idaho Code Sections 50-2018(9) and 50-2903(8)(b) apply. Alternatively, the area under consideration qualiﬁes if any of the conditions listed only in Idaho Code Section 50-2008(d)(4)(2) apply. As set forth in greater detail above, there are conditions of faulty lot layout, diversity of ownership, defective street patterns, and certain unsafe conditions within the Study Area. Based on the above analysis, while the Study Area does appear to be “predominantly open land,” which is not a deﬁned term, and contains “greenﬁeld” and agricultural operations, there are conditions which qualify it for acquisition for non-residential uses if necessary. Therefore, the open land condition is satisﬁed. 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 subdivision, 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 trac requirements, or any combination of such factors or other conditions which retard development of the area. 37