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Home My WebLink About2020-06RESOLUTION NO. 2020-06 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT AUTHORITY: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS CHUBBUCK DEVELOPMENT AUTHORITY, RECOMMENDING AND ADOPTING THE URBAN RENEWAL PLAN FOR THE NORTHSIDE CROSSING URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING AND DIRECTING THE CHAIR, VICE -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 RESOLUTION TO 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 Chubbuck, Idaho, also known as the Chubbuck Development Authority, 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 Chubbuck, Idaho, hereinafter referred to as the "Agency." WHEREAS, by Resolution No. 4-92, dated April 11, 1992, the City Council (the "City Council") of the City of Chubbuck, Idaho (the "City") created an urban renewal agency, pursuant to the Law; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance RESOLUTION NO. 2020-06 - I No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels, WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as `Bannock County") entered into the Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels from the 1992 Project Area commonly referred to as the "Old CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mall Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 759 on August 3, 2016, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the above referenced 1992 Plan and the Pine Ridge Mall Plan, and their project areas are collectively referred to as the Existing Project Areas; WHEREAS, pursuant to Idaho Code § 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 a deteriorating area, or a combination thereof, and designated such area as appropriate for an urban renewal project; RESOLUTION NO. 2020-06 - 2 WHEREAS, Idaho Code § 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 a deteriorating area, or a combination thereof, WHEREAS, the Agency Board retained J Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 650 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the "Study Area') to analyze and determine whether the Study Area is eligible for urban renewal planning, and provide the Agency Board with a report and recommendation; WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 (the "2018 Study"), which examined the Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency Board on November 20, 2018, adopted Resolution No. 2018-03, accepting the 2018 Study and authorizing the Agency Chair to submit the Resolution and 2018 Study 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 Study Area, which plan may include a revenue allocation financing provision as allowed by the Act; WHEREAS, the City Council on or about December 5, 2018, adopted and approved Resolution No. 2018-12 finding the Study Area described in the 2018 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, that such area is appropriate for an urban renewal project, and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, after adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area was eligible for urban renewal planning purposes; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional area; WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019 (the "2019 Study"), which examined two additional open land parcels totaling approximately 75 acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road and west of Interstate 15 (the "Supplemental Study Area"), for the purpose of determining RESOLUTION NO. 2020-06 - 3 whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2019 Study was submitted to the Agency and the Agency Board on August 20, 2019, adopted Resolution No. 2019-03, accepting the 2019 Study and authorizing the Agency Chair to submit the Resolution and 2019 Study 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 Supplemental Study Area, which plan may include a revenue allocation financing provision as allowed by the Act; WHEREAS, the City Council on or about October 16, 2019, adopted and approved Resolution No. 2019-08 finding the Study Area described in the 2019 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, that such area is appropriate for an urban renewal project, and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, after adoption of Resolution No. 2019-08 by the City Council, a property owner requested that additional property adjacent and contiguous to the Study Area and the Supplemental Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area was eligible for urban renewal planning purposes; WHEREAS, in February 2020, the Agency retained Outwest Policy Advisors and authorized Brent Tolman to commence an eligibility study and preparation of an eligibility report (the "2020 Study") of an area approximately 87 acres in size generally located at the southeast intersection of Tyhee Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls. The property is bordered by the UPRR Mainline on the west, Tyhee Road on the north, bordered on the cast by a line of longitude at approximately 112°.27'.23.00" W and bordered on the south by a line of latitude at approximately 42°.56'.25.00" N. (the "2020 Supplemental Study Area") for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Agency obtained an eligibility report entitled Siphon Interchange West Supplement Urban Renewal Eligibility Report, dated March 2020 (the "2020 Study"), which examined the 2020 Supplemental Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2020 Study was submitted to the Agency and the Agency Board on May 19, 2020, adopted Resolution No. 2020-02, accepting the 2020 Study and authorizing the Agency Chair to submit the Resolution and 2020 Study 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 2020 Supplemental Study Area, which plan may include a revenue allocation financing provision as allowed by the Act; RESOLUTION NO. 2020-06 - 4 WHEREAS, the City Council on or about June 3, 2020, adopted and approved Resolution No. 2020-01 finding the 2020 Supplemental Study Area described in the 2020 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, that such area is appropriate for an urban renewal project, and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the Study Area, as supplemented by the area studied in the 2019 Study and the 2020 Study constitutes the "Study Area;" 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 an area are found in the Study Area, including but not limited to: a. obsolete platting; b. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; C. predominance of defective or inadequate street layout; d. outmoded street patterns; e. need for correlation of the area with other areas of the municipality by streets or modern traffic requirements; f. insanitary or unsafe conditions; g. deterioration of site and other improvements; and h. existence of conditions which endanger life or property by fire and other causes; WHEREAS, the Study Area includes a substantial amount of open land or open area; 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, 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 2018 Study, the 2019 Study and the 2020 Study address 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 2018 Study, the 2019 Study and the 2020 Study 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; RESOLUTION NO. 2020-06 - 5 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 22-4502(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 Study Area includes parcels subject to such consent; WHEREAS, based on ongoing discussions and planning efforts since 2018, it was determined the proposed project areas would be smaller than the Study Area, and include at least two proposed project areas: Harvest Springs and Northside Crossing; WHEREAS, the Agency has embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the Northside Crossing Urban Renewal Project ("Northside Crossing Plan") to develop and/or redevelop a portion of the City, pursuant to the Law and the Act, as amended; WHEREAS, the Northside Crossing Plan proposes to create an urban renewal area commonly known as the Northside Crossing Project Area, which area is shown on the Boundary Map of the Urban Renewal Project Area and Revenue Allocation Area and is described in the Legal Description of the Urban Renewal Project Area and Revenue Allocation Area, which are attached to the Northside Crossing Plan as Attachments 1 and 2 respectively; WHEREAS, the area included in the Northside Crossing Project Area includes approximately 230 acres, which is smaller than the area assessed in the Study Area, and includes parcels studied in the 2018 Study, the 2019 Study, and the 2020 Study; 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 Northside Crossing Plan for the area previously designated as eligible for urban renewal planning; WHEREAS, the Act authorizes the Agency to adopt revenue allocation financing provisions as part of an urban renewal plan; WHEREAS, the Northside Crossing 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 Northside Crossing Plan and submit the Northside Crossing Plan and recommendation for approval thereof to the City; RESOLUTION NO. 2020-06 - 6 WHEREAS, the Agency Board, at several Agency Board meetings in 2019 and 2020, has considered public improvements related to the Northside Crossing Project Area; WHEREAS, as required by the Law and the Act, the Agency has reviewed the information within the Northside Crossing Plan concerning the use of revenue allocation funds and approved such information and considered the Northside Crossing Plan at several Agency Board meetings in 2020, including at its meeting on September 15, 2020; WHEREAS, the Northside Crossing 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 Northside Crossing 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 (S) 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 Northside Crossing Plan and to adopt, as part of the Northside Crossing Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Northside Crossing Plan in order to (1) encourage private development in the urban renewal area; (2) to prevent and arrest decay of the Northside Crossing 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 Northside Crossing 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 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 Northside Crossing Plan is likely to increase as a result of initiation of urban renewal projects in accordance with the Northside Crossing 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 RESOLUTION NO. 2020-06 - 7 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, the base assessment roll of the proposed Northside Crossing Project Area, and the proposed Harvest Springs 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 Northside Crossing 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 Northside Crossing 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 MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, A/K/A CHUBBUCK DEVELOPMENT AUTHORITY, AS FOLLOWS: Section 1. That the above statements are true and correct. RESOLUTION NO. 2020-06 - 8 Section 2. It is hereby found and determined that the Northside Crossing Project Area as defined in the Northside Crossing 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 Northside Crossing Plan along with any changes discussed at the September 15, 2020, Agency Board meeting, including but not limited to finalization of Attachments to the Plan, confirmation of levy rates, confirmation of the affected taxing districts, updated list of projects, estimated location or siting of improvements, updated map or legal description and any modifications to the economic feasibility study previously prepared by the Agency Consultant, Brent Tolman of Outwest Policy Advisors. Section 4. That the Agency recommends that the Northside Crossing 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 15, 2020, Agency Board meeting. Section 5. That the required agricultural operation consents have been obtained by the Agency. Section 6. That Agency staff, prior to transmittal of the Northside Crossing Plan to the City 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 7. 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 Northside Crossing 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, 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. Section 8. It is hereby found and determined that: RESOLUTION NO. 2020-06 - 9 (a) The Northside Crossing 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 light industrial components of the Northside Crossing Plan and the need for public 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 Northside Crossing Plan. (b) The Northside Crossing 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 Northside Crossing Plan provides a feasible method for relocation of any displaced families residing within the Northside Crossing Project Area. (d) The Northside Crossing Project Area contains open land areas, that the Agency may acquire any open land, but does not intend to acquire open land on any widespread basis, that the Northside Crossing 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 Northside Crossing 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 Northside Crossing 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 Northside Crossing Project Area, and the proposed Harvest Springs Project Area, together with the base assessment roll values of the Existing Project Areas, do not exceed ten RESOLUTION NO. 2020-06 - 10 percent (10%) of the current assessed values of all the taxable property in the City. (h) The Northside Crossing 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 9. That this Resolution constitutes the necessary action of the Agency under the Law, Section 50-2008, Idaho Code and the Act. Section 10. The Chair, Vice -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 Northside Crossing 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 Northside Crossing Plan to the various taxing entities as required by Idaho Code § 50-2906. Section 11. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Urban Renewal Agency of the city of Chubbuck, Idaho, also known as the Chubbuck Development Authority, on September 15, 2020. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on September 15, 2020. RESOLUTION NO. 2020-06 - 11 Exhibit 1 Urban Renewal Plan for the Northside Crossing Urban Renewal Project 4816-6844-6154, v.1 RESOLUTION NO. 2020-06 - 12 URBAN RENEWAL PLAN FOR THE NORTHSIDE CROSSING URBAN RENEWAL PROJECT THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS THE CHUBBUCK DEVELOPMENT AUTHORITY Ordinance No. Adopted Effective TABLE OF CONTENTS Page 100 INTRODUCTION.............................................................I...................... 1 101 General Procedures of the Agency......................................................................... 4 102 Provisions Necessary to Meet State and Local Requirements. Conformance with Idaho Code Sections 50-2008 and 50-2906............................................................ 5 103 History and Current Conditions of the Area........................................................... 6 104 Purpose of Activities.............................................................................................. 8 105 Open Land Criteria.................................................................10 200 DESCRIPTION OF PROJECT AREA.............................................................................11 300 PROPOSED REDEVELOPMENT ACTIONS................................................................ 11 301 General .......................... ........................................................................................11 14 302 Urban Renewal Plan Objectives........................................................................... 303 Participation Opportunities and Agreement......................................................... 15 303.1 Participation Agreements..........................................................................15 304 Cooperation with Public Bodies...........................................................................17 305 Property Acquisition............................................................................... .............. 18 305.1 Real Property............................................................. ............................... 18 305.2 Personal Property ........................................................... ........................... 19 306 Property Management.......................................................................................... 20 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project..................................................................... 20 308 Demolition, Clearance and Site Preparation......................................................... 20 309 Property Disposition and Development................................................................ 21 309.1 Disposition by the Agency........................................................................21 309.2 Disposition and Development Agreements .............................................. 21 309.3 Development by the Agency..................................................................... 23 310 Development Plans...................................................................... 23 311 Participation with Others ............. ......................................................................... 23 312 Conforming Owners..............................................................................................24 313 Arts Funding................................................................................. ........................ 24 400 USES PERMITTED IN THE PROJECT AREA.............................................................. 24 401 Designated Land Uses........................................................................................... 24 402 [Reserved]......................................................................................24 403 Public Rights-of-Way..................................................................25 404 Interim. Uses...................................................................................... .................... 26 405 Development in the Project Area Subject to the Plan ........................................... 26 406 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards ................................................. 26 407 [Reserved] ........................ .....................................................................................26 408 Nonconforming Uses........................................................................... 26 409 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement .................................................... 27 500 METHODS OF FINANCING THE PROJECT............................................................... 27 501 General Description of the Proposed Financing Method ...................................... 27 502 Revenue Allocation Financing Provisions............................................................ 28 502.1 Economic Feasibility Study...................................................................... 29 502.2 Assumptions and Conditions/Economic Feasibility Statement ................ 30 502.3 Ten Percent Limitation............................................................................. 31 502.4 Financial Limitation .............................................. 3 502.5 [Reserved]................................................................................................ 34 502.6 Participation with Local Improvement Districts ....................................... 34 502.7 Issuance of Debt and Debt Limitation...................................................... 34 502.8 Impact on Other Taxing Districts and Levy Rate ..................................... 34 503 Phasing and Other Fund Sources.......................................................................... 36 504 Lease Revenue and Bonds.................................................................................... 36 505 Membership Dues and Support of Community Economic Development ............ 37 600 ACTIONS BY THE CITY................................................................................................ 37 601 Maintenance of Public Improvements.................................................................. 38 700 ENFORCEMENT.............................................................................................................38 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW .................... 38 900 PROCEDURE FOR AMENDMENT OR MODIFICATION .......................................... 40 1000 SEVERABILITY..............................................................................................................40 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS .......................... 40 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES ............................................. 41 11 Attachments Attachment 1 Boundary Map of Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which Maybe Acquired by the Agency Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study Attachment 6 Agricultural Operation Consents Im 100 INTRODUCTION This is the Urban Renewal Plan (the "Plan") for the Northside Crossing Urban Renewal Project (the "Project") in the City of Chubbuck (the "City"), state of Idaho. Attachments 1 through 6 attached hereto (collectively, the "Plan Attachments") are incorporated herein and shall be considered a part of this Plan. The term "Project" is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code §§ 50-2018(10) and 50-2903(13) for the various activities contemplated by the term "Project." Such activities include both private and public development of property within the urban renewal area. The Northside Crossing Project Area is also referred to as the "Project Area." This Plan was prepared by the Board of Commissioners (the "Agency Board") of the Urban Renewal Agency of the City of Chubbuck, also known as the Chubbuck Development Authority (the "Agency"), its consultants, and staff, and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), and all applicable local laws and ordinances. Idaho Code § 50-2905 identifies what information the Plan must include with specificity as follows. (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 the 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. This Plan includes the above information with specificity. The proposed development of the Project Area as described in this Plan conforms to the Chubbuck Comprehensive Plan, Our Valley, Our Vision, as amended (the "Comprehensive Plan"), and adopted by the City Council (the "City Council"). The Agency intends to rely heavily on any applicable City design standards which may cover the Project Area. This Plan is subject to the Plan modification limitations and reporting requirements set forth in Idaho Code § 50-2903A. Subject to limited exceptions as set forth in Idaho Code § 50-2903A, if this Plan is modified by City Council ordinance, then the base value for the year immediately following the year in which modification occurs shall include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream. Should the Agency have any outstanding financial obligations, the City shall not adopt an ordinance modifying this Plan unless modification is deemed to have not occurred as provided in Idaho Code § 50- 2903A(1)(a)(i)-(iv) and written consent has been obtained by any creditors, including but not limited to lending institutions and developers who have entered into reimbursement agreements with the Agency. A modification shall not be deemed to occur when "[tjhere is a plan amendment to support growth of an existing commercial or industrial project in an existing revenue allocation area ...." Idaho Code § 50-2903A(1)(a)(iv). The proposed development of the Project Area is primarily a mixed-use development, which includes commercial and light industrial projects. Any adjustment to the list of improvements and/or revenue stream to support growth of the proposed commercial project is not a modification under Idaho Code § 50-2903A. Further, a modification shall not be deemed to occur when "[tjhere is a plan amendment to make technical or ministerial changes to a plan that does not involve an increase in the use of revenues allocated to the agency." Idaho Code § 50-2903A(1)(a)(i). Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and project timing, including prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not modifications under Idaho Code § 50-2903A. 2 This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the development, redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project Area. The Agency retains all powers allowed by the Law and Act. This Plan presents a process and a basic framework within which plan implementation, including contracts, agreements and ancillary documents will be presented and by which tools are provided to the Agency to fashion, develop, and proceed with plan implementation. The Plan has balanced the need for flexibility over the twenty (20) -year timeframe of the Plan to implement the improvements identified in Attachment 5, with the need for specificity as required by Idaho Code § 50-2905. The Plan narrative addresses the required elements of a plan set forth in Idaho Code § 50-2905(1), (5), (7) and (8). Attachment 5, together with the Plan narrative, meet the specificity requirement for the required plan elements set forth in Idaho Code § 50-2905(2)-(6), recognizing that actual Agency expenditures are prioritized each fiscal year during the required annual budgeting process. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful development and redevelopment of the Project Area. Typically, the public will fund enhanced public improvements like utilities, streets, and sidewalks which, in turn, create an attractive setting for adjacent private investment for a mixed-use development consisting of commercial, light industrial, and residential facilities. The purpose of the Law and Act will be attained through the implementation of the Plan. The master goals of this Plan are: a. The installation and construction of public improvements, including new collector and arterial streets; improvements to existing roadways and intersections; the installation of new intersections, including the installation of traffic signals; installation of curbs, gutters and streetscapes, which for purposes of this Plan, the term "streetscapes" includes sidewalks, lighting, landscaping, benches, bike racks, wayfinding, public art and similar amenities between the curb and right of way line; installation and/or improvements to fiber optic facilities; improvements to public utilities including water and sewer improvements, and fire protection systems; removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; improvements for parks, open space, and trail networks; and improvement of storm drainage facilities; b. The planning, design and construction of proposed improvements to Hiline Road, the reconfiguration of Tyhee Road and the new intersection between Tyhec Road and Hiiinc Road and modifications to existing Tyhee Road once realigned, and improvements to the intersection with New Day Parkway (formerly Siphon Road), Whitaker Road, Aurora Boulevard (now Northside Crossing), Morning Dew, Dawn Daylight, and yet to be named roads as shown in Attachment 5 to this Plan. The planning, design and construction of a new intersection, and improvements to other existing roadways and intersections within the Project Area; The replanning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; d. The strengthening of the economic base of the Project Area and the community by the installation of needed public improvements to stimulate new private development providing employment, economic growth, and a more economically sustainable and efficient commercial and residential land development pattern than traditionally seen in the City to the long-term benefit of the broader public's tax levy and utility rates; e. The provision of adequate land for open space, street rights-of-way and pedestrian rights-of-way, including pathways which will be dedicated to the public; The reconstruction and improvement of street corridors to allow traffic flows to move through the Project Area along with the accompanying utility connections, through the Project Area; g. The provision of public service utilities, which may be sited outside of the Project Area, but are necessary to the development of the Project Area, such as water system improvements, sewer system improvements and improvements to storm drainage facilities; h. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; and The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is a public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and 4 adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law; the Public Records Act; the Ethics in Government Act of 2015, Chapters 1, 2 and 4 of Title 74, Idaho Code; reporting requirements pursuant to Idaho Code §§ 67-45013, 67-450E, 50-2903A and 50-2913; and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code, as well as other procurement or other public improvement delivery methods. Subject to limited exceptions, the Agency shall conduct all meetings in open session and allow meaningful public input as mandated by the issue considered or by any statutory or regulatory provision. The Agency may adopt separate policy statements. Any modification to any policy statement is a technical or ministerial adjustment and is not a modification to this Plan under Idaho Code § 50-2903A. 102 Provisions Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906 Idaho law requires that the City Council, by resolution, must determine a geographic area be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A consultant was retained to study a proposed project area and prepare an eligibility report. The Eligibility Study for the Siphon' Interchange West Urban Renewal Area, dated October 2018, was submitted to the Agency. The Agency accepted the eligibility report by Agency Resolution No. 2018-03 on November 20, 2018. The area studied was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 2018-I2 on December 5, 2018. With the adoption of Resolution No. 2018-12, the City Council authorized the preparation of an urban renewal plan. After adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the area studied, which had been recently annexed into the City, be examined for eligibility. City and Agency staff studied the supplemental area resulting in the preparation of a supplemental eligibility report. The Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019, was submitted to the Agency. The Agency accepted the supplemental eligibility report by Agency Resolution No. 2019-03 on August 20, 2019. The supplemental area studied was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 2019-08 on October 16, 2019. With the adoption of Resolution No. 2019-08, the City Council authorized the preparation of an urban renewal plan for the supplemental area. 'Please note Siphon Road east of Yellowstone Avenue is now known as New Day Parkway. After adoption of Resolution No. 2019-08 by the City Council, a property owner requested that additional property adjacent and contiguous to the area studied in the original study and the supplemental study, which had been recently annexed into the City, be examined for eligibility. A consultant was retained to study the second supplemental area and prepare an eligibility report. The Siphon Interchange West Supplemental Urban Renewal Eligibility Report, dated March 5, 2020, was submitted to the Agency. The Agency accepted the second supplemental eligibility report by Agency Resolution No. 2020-02 on May 19, 2020. The second supplemental area studied was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 2020-01 on June 3, 2020. With the adoption of Resolution No. 2020-01, the City Council authorized the preparation of an urban renewal plan for the second supplemental area. The Project Area includes parcels from the area originally studied in 2018, and as supplemented in 2019 and 2020. The Project Area remains a deteriorated area and/or a deteriorating area. In accordance with the Law and Act, the necessary agricultural operation consents were obtained from owners of any agricultural operations within the Project Area for property that has been used as an agricultural operation within the last three (3) years. Copies of the agricultural operation consents are attached hereto as Attachment b. The Plan was prepared and submitted to the Agency for its review and approval. The Agency approved the Plan by the adoption of Agency Resolution No. 2020-06 on September 15, 2020, and submitted the Plan to the City Council with its recommendation for adoption. In accordance with the Law, this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission reported to the City Council that this Plan is in conformity with the City's Comprehensive Plan. Pursuant to the Law and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was duly published in the Idaho State Journal, a newspaper having general circulation in the City. The City Council adopted this Plan on , by Ordinance No. 103 History and Current Conditions of the Area This Project Area includes an estimated 230 acres within the City limits in a designated Creative Community Zone that encourages mixed-use development ranging in: intensity, such as developments consisting of commercial, light industrial, and residential uses. This zoning designation supports innovative designs for a variety of land uses, increased transportation modalities and housing stock of various densities in order to create functionally integrated developments that allow for more effective and efficient provision of public services, to decrease suburban sprawl, to promote increased health, safety, and welfare, and to require a high attention N to design details to ensure that the built environment and property values will become and remain stable and maintained over time. The Project Area is generally located at the northwest intersection of the New Day Parkway and Interstate 15. It is bounded on the east by Hiline Road, the Union Pacific Railroad on the west, New Day Parkway on the south, and the centerline of Tyhee Road on the north. A significant impediment to development consistent with the City's Comprehensive Plan is the extent of public infrastructure necessary to develop and/or redevelop the area. Development potential within the Project Area is currently restricted due to defective or inadequate connectivity, vehicular and pedestrian, in the Project Area as well as lack of access to the municipal water and sewer systems. Extension of a water distribution and sewer collection systems throughout the Project Area is necessary to support development. The Project Area lacks the public infrastructure necessary to properly serve economic development contemplated by the City's Comprehensive Plan, The Plan proposes installation and improvements to public infrastructure and other publicly owned assets throughout the Project Area, as more specifically set forth in Attachment 5, creating the opportunity for a mixed-use commercial, light industrial and residential development, as well as the opportunity for expanded residential housing stock of various densities. The Project Area is currently an area in transition within the City, moving from predominantly open lands and agricultural uses to an area of increased demand for mixed-use growth as set forth in the Comprehensive Plan and due in significant part to the Siphon.' Northgate interchange on 1-15. As a result, the Project Area is underdeveloped and/or vacant and is not being used to its highest and best use due to the deteriorating conditions found in the Project Area, specifically: (1) obsolete platting and faulty lot layout — the large agricultural land - use patterns inhibit orderly growth if not encouraged to subdivide to allow mixed uses, which in turn results in economic underdevelopment of the area; (2) outmoded street patterns/inadequate street layout — the existing streets in the Project Area do not meet current City street standards and lack pedestrian facilities. Further the existing road systems do not serve major portions of the Project Area; (3) unsafe conditions — a central public water system and sewer collection system do not serve the Project Area. The lack of hydrants creates fire -safety issues. Further DEQ has identified all of the Project Area as a Nitrate Priority Area, meaning an area where there may be water quality degradation emanating from high nitrates in the ground water, which supports extension of the City water and sewer facilities. The foregoing conditions have arrested or impaired sound and orderly growth in the Project Area and represents an area of economic underdevelopment. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the City additional resources to solve the public infrastructure and development impediment issues in this area. Revenue allocation financing should help to improve the situation. In effect, property taxes generated by new developments within the Project Area may be used by the Agency to finance a variety of needed public improvements and ' Please note Siphon Road east of Yellowstone Avenue is now known as New Day Parkway. 7 facilities. Finally, some of the new developments may also generate new jobs in the community that would, in tum, benefit area residents. It is unlikely individual developers will take on the prohibitive costs of constructing the necessary infrastructure in the Project Area without the ability of revenue allocation to help offset at least some of these costs. But for urban renewal and revenue allocation financing the proposed mixed-use residential, commercial, and light industrial developments would not occur. 104 Purpose of Activities Attachment 5 includes the public improvements list identifying with specificity the proposed public improvements and projects contemplated in the Project Area. The description of activities, public improvements, and the estimated costs of those items are intended to create an outside limit of the Agency's activity. Due to the inherent difficulty in projecting future levy rates, future taxable value, and the future costs of construction, the Agency reserves the right to: a. change funding amounts from one Project to another. b. to re -prioritize the Projects described in this Plan and the Plan Attachments. Retain flexibility in funding the various activities in order to best meet the Plan and the needs of the Project Area. d. Retain flexibility in determining whether to use the Agency's funds or fiends generated by other sources. Alter the location of proposed improvements set forth in Attachment 5 to support development when it occurs. The information included in Attachment 5 presents a realistic development scenario recognizing it is difficult to project with any certainty where the improvements will be sited until any future projects submit plans to the City for design review and permitting. The Agency intends to discuss and negotiate with any owner or developer of the parcels within the Project Area seeking Agency assistance during the duration of the Plan and Project Area. During such negotiation, the Agency will determine the eligibility of the activities sought for Agency funding, the amount the Agency may fund by way of percentage or other criteria including the need for such assistance. The Agency will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. The Agency also reserves the right to establish by way of policy, its fitnding percentage or participation, which would apply to all developers and owners.' } On December 18, 2018, the Agency adopted Resolution No. 2018-4, which sets forth a participation policy to guide how revenue allocation funds will be used to support development, including within the Project Area. The Plan is broader than the participation policy, which will guide negotiations on any future owner participation agreement with any developers within the Project Area. Throughout this Plan, there are references to Agency activities, Agency funding, and the development, and contribution of public improvements. Such references do not necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the Agency the discretion to participate as stated subject to achieving the objectives of this Plan and provided such activity is deemed eligible under the Law and the Act. The activities listed in Attachment 5 will be determined or prioritized as the overall Project Area develops and through the annual budget setting process. The activities listed in Attachment 5 are also prioritized by way of importance to the Agency by the amounts funded, and by year of funding, with earlier years reflecting the more important activities, achievement of higher objectives, long term goals, and commitments. As required by the Law and Act, the Agency will adopt more specific budgets annually. The projected timing of funding is primarily a function of market conditions and of the availability of financial resources but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at a given points in time within the planned 20 -year period of the urban renewal district and revenue allocation area. The Study (Attachment 5) has described a list of prioritized public improvements and other related activities to be funded with revenue allocation funds with an estimated cost in 2019 dollars of approximately $35,443,662.00. This amount does not take into account inflationary factors, such as increasing construction costs, which would increase that figure depending on when the owner, developer and/or Agency is able to develop, construct or initiate those activities. The Study has concluded the capacity of revenue allocation funds through the term of the Plan based on the assumed development projects and assessed value increases will likely generate an estimated $55,538,790.00 in revenue allocation proceeds. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts predicted in the event higher increases in assessed values occur during the term of the Plan for the improvements and activities identified. Additionally, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified. Attachment 5 identifies two (2) roadway improvement projects, which are located outside the boundary of the Project Area and are currently located within unincorporated Bannock County: 1) the widening of Tyhee Road; and 2) improvements to the Tyhee Road and Yellowstone Highway intersection. These projects have a significant nexus to the development contemplated within the Project Area. If development occurs within the Project Area as projected, there will be significant increased usage of Tyhee Road between the Yellowstone Highway and Hiline Road. The City's Comprehensive Plan has identified Tyhee Road to be a major arterial providing connection to the Northgate Interchange. These projects are included for purposes of determining the economic feasibility of the Project, and to allow revenue allocation fiends to support the improvements if and only when the right-of- way is ever annexed into the City. This Plan does not intend to exercise jurisdiction in unincorporated Bannock County. E 105 Open Land Criteria The Project Area includes open land requiring the area meet the conditions set forth in Idaho Code § 50-2008(d). These conditions include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or another in the definitions of deteriorated area or deteriorating area set forth in Idaho Code §§ 50-2018(8), (9) and 50-2903(8). The issues listed only in Idaho Code § 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 traffic requirements, or any combination of such factors or other conditions which retard development of the area." Open land areas qualify for Agency acquisition and development for residential uses if the City Council determines 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 will be increased as a result of the clearance of deteriorated areas, that the conditions of blight in the area and the shortage of decent, safe and sanitary housing contributes to an increase in the spread of disease and crime and constitutes and 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 City. Due to the recent and projected growth of the Pocatello Metropolitan Statistical Area (which includes the City) and of the entire southeast and eastern Idaho regions the need for housing is significant in order to support retention and expansion of local and regional businesses and operations and integral to a successful mixed-use project area. Further, the existing mixed- use creative community zoning designation in the Project Area allows for a much greater residential land use intensity surrounding potential commercial projects than typically found in the City and eastern Idaho in support of effectuating the goals and objectives of the City's Comprehensive Plan. Open land areas qualify for Agency acquisition and development for primarily nonresidential uses if acquisition is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives if any of the deteriorating area conditions set forth in Idaho Code §§ 50- 2018(8), (9) and 50-2903(8) apply. But such areas also qualify if any of the issues listed only in Idaho Code § 50-2008(d)(4)(2) apply. The lack of water and sewer facilities, large parcel size, a deficient street system, lack of fire protection facilities, and economic disuse, are all conditions which delay or impair development of the open land areas and satisfy the open land conditions as more fully supported by the Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018, prepared by .1Foster and Associates, and as supplemented by the Siphon Interchange West Supplemental Urban Renewal Eligibility Report, dated March 5, 2020, as prepared by Outwest Policy Advisors, This Plan does anticipate Agency acquisition of property within the Project Area; however, the acquisition of specific parcels is unknown at this time. Should the Agency determine the need to acquire property as further set forth in Attachment 3, then the open land areas qualify for Agency acquisition and development. 10 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue AIlocation Area are shown on the Boundary Map of Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 1 and incorporated herein by reference, and are described in the Legal Description of Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 2 and incorporated herein by reference. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise stated. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General The Agency proposes to eliminate and prevent the spread of deteriorating conditions and deterioration in the Project Area by employing a strategy to improve and develop public and private lands, and to grow the economy in the Project Area. implementation of the strategy includes, but is not limited to the following actions: a. The engineering, design, installation, construction, and/or reconstruction of storm water management infrastructure to support compliance with federal, state and local regulations for storm water discharge and to support private development. Stormwater projects anticipated within the Project Area are included with projects for public parks or open space, as well as the roadway improvements set forth in Attachment S; b. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this PIan; The engineering, design, installation, construction, and/or reconstruction of streets and streetscapes, including but not limited to Hiline Road, the reconfiguration of Tyhee Road, the new intersection at Tyhee Road and Hiline Road, modifications to existing Tyhee Road once realigned, and improvements to the intersection with New Day Parkway (formerly Siphon Road), Whitaker Road, Aurora Boulevard (now Northside Crossing), Morning Dew, Dawn Daylight, and yet to be named roads as development occurs, and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; The engineering, design, installation, construction, and/or reconstruction of utilities (within and outside of the Project Area) including but not limited to improvements and upgrades to the water distribution system, water capacity improvements, water storage upgrades, sewer system improvements and upgrades, lift station, and improvements, and upgrades to power, gas, fiber optics, communications and other such facilities. Construction of utilities outside of the 11 Project Area are directly related to the growth and development within the Project Area, but cannot be sited within the Project Area; e. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to, fire protection systems, roadways, curbs, gutters, and streetscapes, which for purposes of this Plan, the term streetscapes includes sidewalks, lighting, landscaping, benches, signage, bike racks, public art, and similar amenities between the curb and right-of-way line; and other public improvements, including public open spaces that may be deemed appropriate by the Board; The acquisition of real property for public right-of-way improvements, public parks, pedestrian facilities, pathways and trails, recreational access points and to encourage development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers; g. The acquisition of real property for utility undergrounding and streetscape improvements to create development opportunities consistent with the Plan, including but not limited to fixture disposition to qualified developers and for qualified developments, including economic development; h. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code § 50-2011, and any disposition policies adopted by the Agency; The demolition or removal of certain buildings and/or improvements for public rights-of-way, pedestrian facilities, utility undergrounding and streetscape improvements to encourage and enhance transportation and mobility options, decrease underutilized parcels, to eliminate unhealthful, unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; The management of any property acquired by and under the ownership and control of the Agency; L The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; 12 M. The provision of financial and other assistance to encourage greater density in order to create greater land use efficiencies and greater social opportunities through good design, together which will result in decreased tax and utility liabilities for the City's residents and businesses; n. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; The preparation and assembly of adequate sites for the development and construction of facilities for commercial, office, retail, residential, and governmental use; p. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary) and standards and guidelines for the design of streetscape, festival streets, plazas, multi -use pathways, parks and open space and other like public spaces applicable to the Project Area as needed to support implementation of this Plan; q. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of fiords for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; and t. Other related improvements to those set forth above as further set forth in Attachment 5.4 4 Attachment 5 identifies two (2) roadway improvement projects, which are located outside the boundary of the Project Area and are currently located within unincorporated Bannock County: 1) the widening of Tyhee Road; and 2) improvements to the Tyhee Road and Yellowstone Highway intersection. These projects have a significant nexus to the development contemplated within the Project Area. If development occurs within the Project Area as projected, there will be significant increased usage of Tyhee Road between the Yellowstone Highway and Hiline Road. The City's Comprehensive Plan has identified Tyhee Road to be a major arterial providing connection to the Northgate Interchange. These projects are included for purposes of determining the economic feasibility of the Project, and to allow revenue allocation funds to support the improvements if and only when the right-of-way is ever annexed into the City. This Plan does not intend to exercise jurisdiction in unincorporated Bannock County. 13 In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by Law and Act. 302 Urban Renewal Plan Objectives Urban renewal activity is necessary in the Project Area to combat problems of deteriorating conditions. As set forth in greater detail in Section 103, the Project Area has a history of stagnant growth and development compared to other areas of the City based on deteriorated or deteriorating conditions that have arrested or impaired growth in the Project Area primarily attributed to: obsolete platting/faulty lot layouts, inadequate street layout, outmoded street patterns, the need for correlation of the Project Area with other areas of the City by streets or modern traffic requirements and unsafe conditions. The Plan for the Project Area is a proposal to work in partnership with public and private entities to improve, develop, and grow the economy within the Project Area by the implementation of a strategy and program set forth in Section 301. The provisions of this Plan are applicable to all public and private property in the Project Area. The provisions of the Plan shall be interpreted and applied as objectives and goals, recognizing the need for flexibility in interpretation and implementation, while at the same time not in any way abdicating the rights and privileges of the property owners which are vested in the present and future zoning classifications of the properties. All development Colder an owner participation agreement shall conform to those standards specified in Section 303.1 of this Plan. This Plan must be practical in order to succeed. Particular attention has been paid to how it can be implemented, given the changing nature of market conditions. Transforming the Project Area into a vital, thriving part of the community requires an assertive strategy. The following list represents the key elements of that effort: a. Initiate simultaneous projects designed to revitalize the Project Area. From street and utility improvements to significant new public or private development, the Agency plays a key role in creating the necessary momentum to get and keep things going. b. Develop new mixed-use residential, retail, commercial, light industrial and office opportunities and encourage economic development. Secure and improve certain public open space in critical areas. d. Initiate projects designed to increase workforce transportation and mobility options. Without direct public intervention, much of the Project Area could conceivably remain unchanged and in a deteriorated and/or deteriorating condition for the next twenty (20) years. The Plan creates the necessary flexible framework for the Project Area to support the City's 14 economic development while complying with the "specificity" requirement set forth in Idaho Code § 50-2905. Land use in the Project Area will be modified to the extent that underutilized, underdeveloped, and vacant land and land now devoted to uses inconsistent with the future land uses of the area will be converted to residential, light industrial, and commercial uses, which may include office and retail uses, or light manufacturing or warehousing uses. In implementing the activities described in this Plan, the Agency shall give due consideration to the provision of adequate open space, park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of residents in the general vicinity of the site covered by the Plan. In the event that changes to the approved Master Development Plan are desired by the Developer and the City pursuant the process identified in the Creative Community zoning requirements, changes which continue to implement the goals and objects of this Plan will not be deemed to be in conflict with this Plan, or a modification of this Plan. 303 Participation Opportunities and Agreement 303.1 Participation Agreements The Agency shall enter into various development participation agreements with any existing or future owner of property in the Project Area, in the event the property owner receives assistance from the Agency in the development and/or redevelopment of the property. The term "owner participation agreement" or "participation agreement" is intended to include all participation agreements with a property owner, including reimbursement agreements, grant agreements or other participation agreements. In that event, the Agency may allow for an existing or future owner of property to remove the property and/or structure from future Agency acquisition subject to entering into an owner participation agreement. The Agency may also enter into owner participation agreements with other future owners and developers within the Project Area throughout the duration of this Plan in order to implement the infrastructure improvements set forth in this Plan. Each structure and building in the Project Area to be rehabilitated or to be constructed as a condition of the owner participation agreement between the Agency and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed, and the Agency will so certify, if the rehabilitated or new structure meets the standards set forth in an executed owner participation agreement and meets the conditions described below: Any such property within the Project Area shall be required to conform to all applicable provisions, requirements, and regulations of this Plan. The owner participation agreement may require as a condition of financial participation by the Agency a commitment by the property owner to meet the greater objectives of the land use elements identified in the Comprehensive Plan, and applicable zoning ordinances. Upon completion of any rehabilitation each structure must be safe and sound in all physical respects and be refurbished and altered to bring the property 15 to an upgraded marketable condition that will continue throughout an estimated useful life for a minimum of twenty (20) years. b. Any owner shall 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 children and seniors residing in the general vicinity of the site covered by the Plan. All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated or constructed in conformity with all applicable codes and ordinances of the City. d. Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan, as well as to all applicable codes and ordinances of the City. All owner participation agreements will address development timinprioritization of proiects, justification and eligibility of project costs, and achievement of the objectives of the Plans. The A2eney shall retain its discretion in the funding level of its participation. Obligations under owner participation agreements shall terminate no later than the termination date of this Plan, December 31, 2040. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any owner participation agreement. In all participation agreements, participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties. Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: a. Encouraging property owners to revitalize and/or remediate deteriorated areas or deteriorating areas of their parcels to accelerate development in the Project Area. b. Subject to the limitations of the Law and the Act, providing incentives to property owners to encourage utilization and expansion of existing permitted uses during 5 Agency participation may also be subject to any participation policy adopted by the Agency Board, and as may be amended from time to time. LC the transition period to prevent a decline in the employment base and a proliferation of vacant and deteriorated parcels in the Project Area during the extended redevelopment of the Project Area. C. To accommodate improvements and expansions allowed by City regulations. d. Subject to the limitations of the Law and Act, providing incentives to improve nonconforming properties so they implement the design guidelines contained in this Plan to the extent possible and to encourage an orderly transition from nonconforming to conforming uses through the term of the Plan. Provide for advance funding by the developer/owner participant of those certain public improvements related to or needed for the private development and related to the construction of certain public improvements. In that event, the Agency will agree as set out in the participation agreement to reimburse a portion of, or all of, the costs of public improvements identified in the participation agreement from the revenue allocation generated by the private development. 304 Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, in the event the Agency is providing any financial assistance. Subject to applicable authority, the Agency may impose on all public bodies the planning and design controls contained in this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially {and otherwise} assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements of the Project Area as allowed by the Law and Act. The Agency intends to cooperate to the extent allowable with the City, as the case may be, for the engineering, design, installation, construction, and/or reconstruction of public infrastructure improvements, including, but not limited to water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curbs, gutters, sidewalks, walkways, parking facilities and unoccupied auxiliary structures. The Agency shall also cooperate with the City on various relocation, screening, or underground projects and the providing of fiber optic capability. To the extent any public entity, including the 17 City, has funded certain improvements, the Agency may reimburse those entities for those expenses. The Agency also intends to cooperate and seek available assistance from state, federal and other sources for economic development. In the event the Agency is participating in the public development by way of financial incentive or otherwise, the public body shall enter into a participation agreement with the Agency and then shall be bound by the Plan and other land use elements and shall conform to those standards specified in Section 303.1 of this Plan. This Plan does not financially bind or obligate the Agency (or City) to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any owner participation agreement and in the annual budget adopted by the Agency Board. 305 Property Acquisition 305.1 Real Property Only as specifically authorized herein, the Agency may acquire, through the voluntary measures described below, but is not required to acquire, any real property located in the Project Area where it is determined that the property is needed for construction of public improvements, required to eliminate or mitigate the deteriorated or deteriorating conditions, to facilitate economic development, including acquisition of real property intended for disposition to qualified developers through a competitive process, and as otherwise allowed by law. The acquisition shall be by any means authorized by law, including, but not limited to, the Law, the Act, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, but shall not include the right to invoke eminent domain authority except as authorized herein. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee, including structures and fixtures upon the real property, without acquiring the land upon which those structures and fixtures are located. The Agency intends to acquire any real property through voluntary or consensual gift, devise, exchange, or purchase. Such acquisition of property may be for the development of the public improvements identified in this Plan. Such properties may include properties owned by private parties or public entities. This Plan does not anticipate the Agency's widespread use of its resources for property acquisition, except for the construction of public improvements, e.g. right- of-way acquisition. In the event the Agency identifies certain property which should be acquired to develop certain public improvements intended to be constructed under the provisions of this Plan, the Agency shall coordinate such property acquisition with any other public entity (e.g., without limitation, the City, the state of Idaho, or any of its authorized agencies), including the assistance of the Agency of funds to acquire said property either through a voluntary acquisition or the 18 public entity's invoking of its eminent domain authority as limited by Idaho Code Section 7- 701 A. The Agency is authorized by this Plan to acquire the properties identified in Attachment 3 hereto, including but not limited to property to be acquired for the extension or expansion of certain rights-of-way. The Agency is authorized by this Plan and Idaho Code §§ 50-2010 and 50-2018(12) to acquire the properties identified in Attachment 3 hereto for the purposes set forth in this Plan. The Agency has identified its intent to acquire and/or participate in the development of certain public improvements, including, but not limited to streets, streetscapes, water and sewer improvements including a well and tank site, environmental remediation/site preparation, public parking, community facilities, including but not limited to parks, pedestrian/bike paths and trails, recreation facilities and other public facilities. Further, the Agency may acquire real property to facilitate commercial development by assembling and disposing of developable parcels. The Agency's property acquisition will result in remediating deteriorating conditions in the Project Area by facilitating the development of mixed-use, residential and commercial areas, which may also include office and retail uses. The public improvements are intended to be dedicated to the City upon completion. The Agency reserves the right to determine which properties identified, if any, should be acquired. The open land areas qualify for Agency acquisition as further set forth in Section 105 of this Plan. It is in the public interest and may be necessary, in order to eliminate the conditions requiring redevelopment and in order to execute this PIan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area for the public improvements identified in this Plan, which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method. Under the provisions of the Act, the urban renewal plan "shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area." Idaho Code § 50-2018(12). The Agency has generally described those properties by use as set out in Attachment 3 for acquisition for the construction of public improvements. The Agency may also acquire property for the purpose of developing streetscape and public utilities. The Agency reserves the right to determine which properties, if any, should be acquired. 305.2 Personal Property 19 Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain for the purpose of developing the public improvements described in section 305.1. 306 Property Management During the time real property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project If the Agency receives federal funds for real estate acquisition and relocation, the Agency shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some Iump-sum per case basis. The Agency may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt relocation guidelines which would define the extent of relocation assistance in non -federally assisted projects and which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance as may be warranted. In the event the Agency's activities result in displacement, the Agency shall comply with, at a minimum, the standards set forth in the Law. The Agency shall also comply with all applicable state laws concerning relocation benefits. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance. 30$ Demolition, Clearance and Site Preparation The Agency is authorized (but not required) to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. Further, the Agency is authorized (but not required) to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the Agency including site 20 preparation. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, parks, pedestrian walkways, public parking facilities, drainage facilities, and other public improvements necessary to carry out this Plan. 309 Property Disposition and Development 309.1 Disposition by the Agency For the purposes of this Plan, the Agency is authorized to sell, lease, lease/purchase, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in Idaho Code § 50-2011 and pursuant to any disposition policies adopted by the Agency. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Real property acquired by the Agency may be conveyed by the Agency and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. 309.2 Disposition and Development Agreements To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of deteriorating conditions, all real property sold, leased, or conveyed by the Agency is subject to the provisions of this Plan. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, lease/purchases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Bannock County, Idaho. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. 21 As required by law or as determined in the Agency's discretion to be in the best interest of the Agency and the public, the following requirements and obligations shall be included in the disposition and development agreement. That the developers, their successors, and assigns agree: a. That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency. That the purchase or lease of the land and/or subterranean rights and/or air rights is for the purpose of redevelopment and not for speculation. C. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. That the site and construction plans will be submitted to the Agency for review as to conformity with the provisions and purposes of this Plan. All new construction shall have a minimum estimated life of no less than twenty (20) years. That rehabilitation of any existing structure must assure that the structure is safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition which will continue throughout an estimated useful life for a minimum of twenty (20) years. g. That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale. h. All such buildings or portions of the buildings which are to remain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City. All disposition and development documents shall be governed by the provisions of Section 409 of this Plan. All other requirements and obligations as may be set forth in any participation policy established and/or amended by the Agency. 22 The Agency also reserves the right to determine the extent of its participation based upon the achievements of the objectives of this Plan. Obligations under any disposition and development agreement and deed covenants, except for covenants which run with the land beyond the termination date of this Plan, shall terminate no later than December 31, 2040. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any disposition and development agreement. 309.3 Development by the Agency To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct public improvements within the Project Area for itself or for any public body or entity, which public improvements are or would be of benefit to the Project Area. Specifically, the Agency may pay for, install, or construct the public improvements authorized under Idaho Code Section 50-2007, 50-2018(10) and (13), and 50-2903(9), (13), and (14), and as otherwise identified in Attachment 5, attached hereto and incorporated herein by reference, and may acquire or pay for the land required therefore. The Agency may enter into contracts, leases, and agreements with the City or other public body or private entity pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code § 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code § 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 310 Development Plans All development plans (whether public or private) prepared, pursuant to an owner participation or disposition and development agreement, shall be submitted to the Agency Board for approval and architectural review. All development in the Project Area must conform to those standards specified in Section 409. Additionally, development must be consistent with all City ordinances. 311 Participation with Others Under the Law, the Agency has the authority to lend or invest funds obtained from the federal government for the purposes of the Law if allowable under federal laws or regulations. The federal funds that may be available to the Agency are governed by regulations promulgated by the Department of Housing and Urban Development for the Community Development Block Grant Program ("CDBG"), the Economic Development Administration, the Small Business Administration, or other federal agencies. In order to enhance such grants, the Agency's use of revenue allocation funds is critical. Under those regulations the Agency may participate with the private sector in the development and financing of those private projects that will attain certain federal objectives. 23 The Agency may, therefore, use the federal funds for the provision of assistance to private for-profit business, including, but not limited to, grants, loans, Ioan guarantees, interest supplements, technical assistance, and other forms to support, for any other activity necessary or appropriate to carry out an economic development project. As allowed by law, the Agency may also use funds from any other sources for any purpose set forth under the Law or Act. The Agency may enter into contracts, leases, and agreements with the City, or other public body or private entity, pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code § 50-2909, which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code § 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 312 Conforming Owners The Agency may, at the Agency's sole and absolute discretion, determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property will be permitted to remain as a conforming owner without a participation agreement with the Agency, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. 313 Arts Funding The Agency encourages public art and performing arts through joint ventures with private developers and in cooperation with the City. Whenever possible, any Agency arts funding will be used to leverage additional contributions from developers, other private sources, and public or quasi -public entitles for purposes of including public art within the streetscape projects identified in this Plan. 400 USES PERMITTED IN THE PROJECT AREA 401 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City, as may be amended, and as depicted on Attachment 4 and as set forth in the City's Comprehensive Plan Land Use Map, including the future land use map and zoning classifications, as may be amended. For the most part, the Project Area is proposed as mixed-use residential, light industrial, and commercial development, which may include retail and office uses. Provided, however, nothing herein within this Plan shall be deemed to be granting any particular right to zoning classification or use. 40.2 [Reserved] 24 403 Public Rights -of -Way The Project Area includes portions of existing maintained public rights -of. --way as shown on Attachment 1, including but not limited to: Hiline Road, New Day Parkway (formerly Siphon Road), and Tyhee Road. Any new roadways, including new collectors and/or arterials to be engineered, designed, installed and constructed in the Project Area, will be constructed in conjunction with any applicable policies and design standards of the City (and State and Federal standards, as the case may be) regarding dedicated rights-of-way. Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development, and other potential roadways generally shown in Attachment 5. Additional improvements to existing streets and casements may be created, improved, or extended in the Project Area as needed for development. Existing dirt roadways, streets, easements, and irrigation or drainage laterals or ditches may be abandoned, closed, or modified as necessary for proper development of the Project Area, in conjunction with any applicable policies and standards of the City regarding changes to dedicated rights-of-way, and appropriate irrigation or drainage districts regarding changes to laterals or ditches. Any development, maintenance and future changes in the interior or exterior street Iayout shall be in accordance with the objectives of this Plan and the City's design standards; shall be effectuated in the manner prescribed by State and local law; and shall be guided by the following criteria: a. A balancing of the needs of proposed and potential new developments for adequate vehicular access, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants and any participation agreements executed thereunder; b. The requirements imposed by such factors as topography, traffic safety, and aesthetics; and The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project Area by providing convenient and efficient vehicular access and movement, including pedestrian and bicycle movement. The public rights-of-way may be used for vehicular, bicycle and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. The proposed concept layout for the Project Area provides a realistic buildout scenario and preliminary siting of public infrastructure; however, siting of such public infrastructure may change as the project develops. 25 404 Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses that are not in conformity with the uses permitted in this Plan. However, any interim use must comply with applicable City Code or Bannock County Code. 405 Development in the Project Area Subject to the Plan All real property in the Project Area, under the provisions of either a disposition and development agreement or an owner participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 406 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards All construction in the Project Area shall comply with all applicable state laws, the Chubbuck City Code, as may be amended from time to time, and any applicable City Council ordinances pending codification, including but not limited to, regulations concerning the type, size, density and height of buildings; open space, landscaping, light, air, and privacy; the undergrounding of utilities; limitation or prohibition of development that is incompatible with the surrounding area by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors; parcel subdivision; off-street loading and off-street parking requirements. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or owner participation agreement. 407 [Reserved] 408 Nonconforming Uses The Agency may permit an existing use to remain in an existing building and site usage in good condition, which use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The owner of such a property must be willing to enter into an owner participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may authorize additions, alterations, repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the 26 Agency, such improvements would be compatible with surrounding Project uses and development. All nonconforming uses shall also comply with the City codes and ordinances. 409 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement Under a disposition and development agreement and an owner participation agreement, the design guidelines and land use elements of the Plan shall be achieved to the greatest extent feasible, though the Agency retains the authority to grant minor variations under this Plan and subject to a negotiated agreement between the Agency and the developer or property owner. Under those agreements, the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. In such agreements, the Agency may impose additional design controls. One of the objectives of this Plan is to create an attractive pedestrian environment in the Project Area. Therefore, such plans shall give consideration to good design and amenities to enhance the aesthetic quality of the Project Area. These additional design standards or controls will be implemented through the provisions of any owner participation agreement or disposition and development agreement. These controls are in addition to any standard and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinances. 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Method The Agency is authorized to finance this Project with revenue allocation funds, financial assistance from the City (loans, grants, other financial assistance), state of Idaho, federal government or other public entities, interest income, developer advanced funds, donations, loans from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency - owned property, or any other available source, public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter -fund transfer or grant from the City or an existing revenue allocation area. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also supply additional assistance through City loans and grants for various public improvements and facilities. The City or any other public agency may expend money to assist the Agency in carrying out this Project. 27 As allowed by law and subject to restrictions as are imposed by law, the Agency is authorized to issue notes or bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. 502 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2020. These revenue allocation provisions shall apply to all taxing districts which are Iocated in or overlap the Revenue Allocation Area shown and described on Attachments I and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. The Agency, acting by one or more resolutions adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred (pay-as-you-go) or to pledge all or any portion of such revenues to the repayment of any moneys borrowed, indebtedness incurred, or notes or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code § 50-2903(14)) of one or more urban renewal projects. The Agency may consider a note or line of credit issued by a bank or lending institution premised upon revenue allocation funds generated by a substantial private development contemplated by the Study, as defined in Section 502. 1, which would allow the Agency to more quickly fund the public improvements contemplated by this Plan. Likewise, a developer/owner advanced funding could achieve the same purpose. Upon enactment of a City Council ordinance finally adopting these revenue allocation financing provisions and defining the Revenue Allocation Area described herein as part of the Plan, there shall hereby be created a special fund of the Agency into which the County Treasurer shall deposit allocated revenues as provided in Idaho Code § 50-2908. The Agency shall use such funds solely in accordance with Idaho Code § 50-2909 and solely for the purpose of providing fiends to pay the Project Costs, including any incidental costs, of such urban renewal projects as the Agency may determine by resolution or resolutions of its Board. A statement listing proposed public improvements and facilities, a schedule of improvements, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code § 50-2905 is included in this Plan and in Attachment 5 to this Plan. This information necessarily incorporates estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Agency is hereby authorized to adjust the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs if the Board deems such adjustment necessary or convenient to effectuate the general objectives of the Plan in order to account for revenue inconsistencies and unknown future costs. Agency revenue and the ability 28 to fund reimbursement of eligible Project Costs is more specifically detailed in the annual budget. The Agency may also appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of notes or bonds. The Agency has also provided for obtaining advances or loans from the City or Agency, or from the Agency's other revenue allocation area, or private entity and financial institutions in order to immediately commence construction of certain of the public improvements. Developer advanced funding of public improvements could also achieve the same purpose. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the Project in whole or in part, including reimbursement to developers for the cost of eligible public improvements Revenues will continue to be allocated to the Agency until termination of the revenue allocation area as set forth in Section 500. Attachment 5 incorporate estimates and projections based on the Agency's and its consultants' present knowledge and expectations concerning the length of time to complete the improvements and estimated future revenues. The activity may take Ionger depending on the significance and timeliness of development. Alternatively, the activity may be completed earlier if revenue allocation proceeds are greater or the Agency obtains additional funds from another source. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the Project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. The Agency reserves the right to either pay for Project Costs from available revenue (pay as you go basis) or borrow funds by incurring debt through notes or other obligations. Revenue allocation proceeds are deemed to be only a part of the proposed funding sources for the payment of public improvements and other project improvements. Additionally, project funding is proposed to be phased for the improvements, allowing various sources of funds to be accumulated for use. 502.1 Economic Feasibility Study Attachment 5 constitutes the Economic Feasibility Study (the "Study"), prepared by Brent J. Tolman, 4utwest Policy Advisors. The Study constitutes the financial analysis required by the Act and is based upon existing information from the developers, the Agency, the City and others. 502.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachment 5 assumes certain completed and projected actions. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of indebtedness (and all other loans or indebtedness), developer reimbursement and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the development take place as projected, the project indebtedness could be extinguished earlier, dependent upon other legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its fiill term of the Plan. The Plan and the Plan Attachments incorporate estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Plan proposes certain public improvements as set forth in Attachment 5, which will facilitate development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency and its consultants through public sources or discussions with property owners, developers, City and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then -current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency reserves the right to fund the Project on a "pay as you go" basis. The Agency Board will prioritize the activities set forth in this Plan and determine what funds are available and what activities can be funded. The Agency will establish those priorities through its mandated annual budgetary process. The assumptions concerning revenue allocation proceeds are based upon certain anticipated development, assessed value increases, and assumed tax levy rates as more specifically set forth in Attachment 5. In projecting new construction, the Study considered the proposed project plans provided by the developers, the developers' anticipated build -out timeline, and historical market absorption rates for commercial and residential improvements. The types of new construction expected in the Project Area are: commercial uses, which may include, office, medical and nursing facility, hospitality and retail; residential uses, including residential above retail and office, live -work residences, higher density townhome, and single-family homes; and light industrial uses, including residential above light manufacturing, light manufacturing/employer facilities, and shipping hubs. Developers have identified significant interest in these development types. The Project Area has potential for a significant increase in residential growth as interest has been expressed for new construction single family, condominium and higher density living, particularly with regard to community amenities, such as, walkability, bike, and other pathways. Property owners and/or developers have expressed 30 significant interest in this Project Area. However, due to the substantial costs, without a method to construct the identified public improvements such as main water and sewer lines and street infrastructure, development is unlikely to occur in much of the Project Area. The financial analysis set forth in Attachment 5 has taken into account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50-2908. It is understood that application of certain exemptions, including the homeowner's exemption and Idaho Code § 63-602K, which provides for personal property tax exemption to businesses may have the effect of reducing the increment value, which in turn reduces revenue. 502.3 Ten Percent Limitation Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent (10%) of the current assessed taxable value for the entire City. According to the Bannock County Assessor, the assessed taxable value for the City as of January 1, 2020, less homeowners' exemptions, is $974,520,474.00. Therefore, the 10% limit is $97,452,074.00. The 2020 adjusted base assessed value of each of the existing revenue allocation areas and the estimated base value for the proposed Project Area (after the agricultural exemption is lifted 6) and another proposed project area is as follows: Chubbuck Downtown Improvement Project RAA $13,249,$$3.00 Pine Ridge Mall RAA $30,026,386.00 Northside Crossing (the Project Area) $501,066.00 Harvest Springs RAA (proposed) $271,676.00 TOTAL: $44,049,011.00 The base values for the combined revenue allocation areas total $44,049,011.00, which is less than 10% of the City's 2020 value. 6 Pursuant to House Sill 560 enacted during the 2020 Legislative Session, as of July 1, 2020, there is no longer a speculative value exemption for agricultural land_ Instead, the market value of land actively devoted to agriculture is its "actual use value." This statutory change will have an impact on the current allocation of value between the base value and the increment value as there is no longer an agricultural tax exemption. Previously, any increase in valuation caused by the removal of the agricultural tax exemption from undeveloped agricultural land in a revenue allocation area was added to the base assessment roll. With the removal of the exemption, going forward the base value of agricultural land will be the actual use value. To be conservative, this Plan has considered an increase in the base assessment roil stemming from the removal of any existing agricultural exemptions. 31 502.4 Financial Limitation The Study identifies several capital improvement projects. Use of any particular funding source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limitations set forth in the Law, the Act, or by contract. If revenue allocation funds are unavailable, then the Agency will need to use a different funding source for that improvement. The amount of funds available to the Agency from revenue allocation financing is directly related to the assessed value of new improvements within the Revenue Allocation Area. Under the Act, the Agency is allowed the revenue allocation generated from inflationary increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources including proposed revenue allocation notes, annual revenue allocations, developer contributions, city contributions, interfund loan, and other funds are shown. This Study identifies the kind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing illustrating project costs, and the time when related costs or monetary obligations are to be incurred. See Idaho Code § 50-2905. Based on these funding sources, the conclusion is that the Project is feasible. The information contained in the Study assumes certain projected actions. First, the Agency has projected an interfund loan from the Agency to cover preliminary planning costs. Additionally, the Agency has projected an advance from the developers to fund certain public improvements, and participation by the City in funding certain water and sewer improvements. Certain eligible improvements are anticipated to be reimbursed to the developers and/or City through owner participation agreements. These projections do not bind the City to fund any improvements. Any City participation is subject to the City's annual appropriation process. Under the provisions of the Act, the revenue allocation may continue until the end of the Plan term. Second, the total amount of indebtedness and the amount of revenue generated by revenue allocation is dependent upon the extent and timing of private development. The Agency may also re -prioritize projects and the location of those projects pursuant to market conditions, project timing, funding availability, etc. as more specifically detailed in the annual budget. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts projected in the Study for the purpose of funding the additional identified projects and improvements. The projections in the Study are based on reasonable assumptions and existing market conditions. However, should the Project Area result in greater than anticipated revenues, the Agency specifically reserves the ability to fund the additional activities and projects identified in this Plan. Further, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the 32 improvements and activities identified, including but not limited to owner participation agreements and disposition and development agreements. The Agency may also, re -prioritize projects pursuant to market conditions, project timing, funding availability, etc. as more specifically detailed in the annual budget. The proposed timing for the public improvements may very well have to be adjusted depending upon the availability of some of the funds and the Agency's ability to finance any portion of the Project. Any adjustment to Project tinning or funding is technical or ministerial in nature and shall not be considered a modification of the Plan pursuant to Idaho Code Section 50-2903A. Attachment 5 lists those public improvements the Agency may reimburse the developer and public entities for through the term of the Plan. The costs of improvements are estimates only as it is impossible to know with any certainty what the costs of improvements will be in future years. There is general recognition that construction costs fluctuate and are impacted by future unknowns, such as, the cost of materials and laborers. Final costs will be determined by way of construction contract public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the Agency (or City) to any particular level of funding; rather, identification of the activity in the Plan allows the Agency to negotiate the terms of any reimbursement with the developer and/or the public entities. This Plan does not financially bind or obligate the Agency (or City) to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any participation agreement and in the annual budget adopted by the Agency Board. The proposed location and siting of roads and utilities in the Project Area is generally shown in Attachment 5 recognizing that the specific location of roads and utilities will depend on the type and timing of development. The change in the location of the improvements shown on Attachment 5 does not constitute a modification to the Plan. The Agency reserves its discretion and flexibility in deciding which improvements are more critical for development or redevelopment, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. Where applicable, the Agency also intends to coordinate its participation in the public improvements with the receipt of certain grants or loans which may require the Agency's participation in some combination with the grant and loan funding. Generally, the Agency expects to develop those improvements identified in Attachment 5 first, in conjunction with private development within the Project Area generating the increment as identified in Attachment 5. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is Iikely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. „ as 502.5 [Reserved] 502.6 Participation with Local Improvement Districts Under the Idaho Local Improvement ("LID") District Code, Chapter 17, Title 50, Idaho Code, the City has the authority to establish local improvement districts for various public facilities, including, but not limited to, streets, curbs, gutters, sidewalks, storm drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation, to participate in the funding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. 502.7 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 502.8 Impact on Other Taxing Districts and Levy Rate An estimate of the overall impact of the revenue allocation project on each taxing district is shown in the Study through tlse new development projections set forth in Attachment 5. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in which a revenue allocation area is approved by a municipality, with periodic adjustments allowed by Idaho law. The increment value is the difference between the adjusted base assessed value and current assessed value in any given year while the property is in a revenue allocation area. Under Idaho Code § 63-802, taxing entities are constrained in establishing levy rates by the amount each budget of each taxing district can increase on an annual basis. Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Idaho Code § 63-802. Therefore, the impact of revenue allocation on the taxing entities is more of a product of the imposition of Idaho Code § 63-802, then the effect of urban renewal. The County Board of Commissioners calculates the levy rate required to produce the proposed budget amount for each taxing entity using the assessed values which are subject to each taxing entity's levy rate. Assessed values in urban renewal districts which are subject to revenue allocation (incremental values) are not included in this calculation. The combined levy rate for the taxing entities is applied to the incremental property values in a revenue allocation area to determine the amount of property tax revenue which is allocated to an urban renewal agency. The property taxes generated by the base values in the urban renewal districts and by properties outside revenue allocation areas are distributed to the other taxing entities. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue 34 allocation area. The difference is how the revenue is distributed. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected during the term of the Plan; hence, there would be lower increases in assessed valuation to be used by the other taxing entities. One result of new construction occurring outside the revenue allocation area (Idaho Code §§ 63-802 and 63-301A) is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction. From and after December 31, 2006, Idaho Code § 63-301A prohibits taxing entities from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area is not available for inclusion by the taxing entities to increase their budgets. Upon termination of this Plan or deannexation of area, the taxing entities will be able to include the accumulated new construction roll value in setting the following year's budget and revenue from such value is not limited to the three percent increase allowed in Idaho Code § 63-802(1)(a). As the 2020 certified levy rates are not determined until late September 2020, the 2019 certified levy rates have been used in the Study for purposes of the analysis. For Tax Year 2019,7 those districts and rates for the parcels located within the City are as follows:8 Taxing Districts Levy Rates: Bannock County .004845317 Bannock County Abatement District .000030244 Bannock County Ambulance .000350390 Bannock County Road & Bridge .000525492 City of Chubbuck .009459658 Pocatello School 425 0 Portneuf Free Library .000521877 TOTAL' 0.015732978 The Study has made certain assumptions concerning the levy rate. First, the levy rate is estimated to stay level until the existing Chubbuck Downtown Improvement Project RAA terminates. Thereafter, the total levy rate is projected to be reduced by 2% in 20230, with an annual reduction of 1% until 2026, until the Ievy rate is projected to remain constant for the 7 Due to the timing of the taxing districts' budget and levy setting process, certification of the 2020 levy rates did not occur until this Plan had been prepared. In order to provide a basis to analyze the impact on the taxing entities, the 2019 levy rates are used. Use of the 2019 levy rates provides a more accurate base than estimating the 2020 levy rates. a It is unclear how the personal property tax exemption set forth in Idaho Code § 63-602KK may impact the levy rate. 9 Net of voter approved bonds and levies. 10 The 2023 levy rate generates revenue for 2024. 35 remaining life of the revenue allocation area. Second, the annual increment value is expected to increase by approximately 3% (1% annual increase in land values and a 2% annual increase in improvement values) over the term of the Plan once the improvements have been completed and fully assessed by the County. If the overall levy rate is less than projected, or if expected development fails to occur as estimated, the Agency shall receive fewer funds from revenue allocation. Finally, administrative costs are projected to be 20% annually, with a cap of $50,000/year. Pursuant to Idaho Code § 50-2908, the Agency is not entitled to revenue allocation proceeds from certain levy increases which are allowed by either specific statutory authorization or approved by an election of the qualified electors of the particular taxing district. Therefore, for any levy election, the Agency will not receive revenue allocation finds which would have been generated by imposing that levy on the assessed valuation within the Project Area. The Study has taken this statute into account. This is also the reason there is limited impact to the Pocatello School District #25. 503 Phasing and Other Fund Sources The Agency anticipates funding only a portion of the entire cost of the public improvements shown on Attachment 5. Other sources of fiends shall include City finding (as may be budgeted annually by the City), and developer participation. Agency participation shall be determined by the amount of revenue allocation funds generated. 504 Lease Revenue and Bonds Under the Law (Idaho Code § 50-2012), the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing, the public entity would pay the Agency a lease payment annually which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing, which provides a mechanism where the Agency uses its bonding authority for the Project, with the end user making payments to the Agency to retire the bond debt. These sources of revenues are not related to revenue allocation funds and are not particularly noted in the Study, because of the "pass through" aspects of the financing. Under the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency's financial model. These financing models typically are for a longer period of time than the 20 -year period set forth in the Act. However, these financing models do not involve revenue allocation funds, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code § 50-2905(8) as those resources involve funds not related to revenue allocation funds. 36 505 Membership Dues and Support of Community Economic Development The Act is premised upon economic development being a valid public purpose. To the extent allowed by the Law and the Act, the Agency reserves the authority to use revenue allocation funds to contract with non-profit and charitable organizations established for the purpose of supporting economic development and job creation.. Additionally, the Agency reserves the authority to expend revenue allocation fiends to join, participate and support non- profit organizations established to support Agency best practices and administration. The line item of Operating Expenses within the Study shall be deemed to include expenditures for the purposes described in this section as may be deemed appropriate during the annual budgetary process. 600 ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing deterioration. Actions by the City may include, but not be limited to, the following: a. Institution and completion of proceedings necessary for changes and improvements in private and publicly owned public utilities within or affecting the Project Area. b. Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan. Imposition wherever necessary of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. d. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency may develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan. Building Code enforcement. f. Performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. Institution and completion of proceedings necessary for the establishment of a local improvement district under Chapter 17, Title 50, Idaho Code. 37 h. The undertaking and completing of any other proceedings necessary to carry out the Project. Administration of Community Development Block Grant funds that may be made available for this Project. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. k. The waiver of any hookup or installation fee for sewer, water, or other utility services for any facility owned by any public agency, including any Agency facility. Joint funding of certain public improvements, including but not limited to improvements to sewer and water facilities. M. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan. n. The waiver of any city impact fee for development within the Project Area. o. Assist with coordinating and implementing the public improvements in the Project Area identified in the Study. The foregoing actions, if taken by the City, and/or as may be shown in Attachment 5 do not constitute any commitment for financial outlays by the City. 601 Maintenance of Public Improvements The Agency has not identified any commitment or obligation for long-term maintenance of the public improvements identified. The Agency will need to address this issue with the appropriate entity, public or private, who has benefited from or is involved in the ongoing preservation of the public improvement. 700 ENFORCEMENT The administration and enforcement of this Plan, including the preparation and execution of any documents implementing this Plan, shall be performed by the Agency and/or the City. 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date of the Plan subject to modifications and/or extensions set forth in Idaho Code § 50-2904. The 38 revenue allocation authority will expire on December 31, 2040, except for any revenue allocation proceeds received in calendar year 2041, as contemplated by Idaho Code § 50-2905(7). The Agency may use proceeds in 2041 to complete the projects set forth herein. As stated in the Plan, any owner participation agreement or disposition and development agreement obligations will cease as of December 31, 2040. Idaho Code § 50-2093(5) provides the Agency shall adopt a resolution of intent to terminate the revenue allocation area by September 1. In order to provide sufficient notice of termination to the affected taxing districts to allow them to benefit from the increased budget capacity, the Agency will use its best efforts to provide notice of its intent to terminate this Plan and its revenue allocation authority by May 1, 2041, or if the Agency determines an earlier terminate date, then by May I of the early termination year: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness, and bonds have been paid in frill or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the Agency funded through revenue allocation proceeds shall be satisfied and the Agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Idaho Code § 50- 2908 shall thereupon cease; any moneys in such fund or fiinds in excess of the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the Revenue Allocation Area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the Revenue Allocation Area; and the powers granted to the urban renewal agency under Idaho Code § 50-2909 shall thereupon terminate. 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 Plan. For the fiscal year that immediately predates the termination date, the Agency shall adopt and publish a budget specifically for the projected revenues and expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January 1 of the termination year pursuant to the terms of Idaho Code § 50-2909(4). In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years, by May 1, but in any event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Idaho Code § 50-2909 should a surplus be determined 39 to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Idaho Code § 63-215. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, subject to the following paragraph, the Agency intends to dispose of any remaining assets by granting or conveying or dedicating such assets to the City, unless based on the nature of the asset, disposition to another public entity is more appropriate. As allowed by Idaho Code § 50-2905(8), the Agency may retain 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. Similarly, facilities which provide a lease income stream to the Agency for full retirement of the facility debt will allow the Agency to meet debt services obligations and provide for the continued operation and management of the facility. 900 PROCEDURE FOR AMENDMENT OR MODIFICATION To the extent there is any outstanding loans or obligations, this Plan shall not be modified pursuant to the provisions set forth in Idaho Code § 50-2903A. Modification of this Plan results in a reset of the base value for the year immediately following the year in which the modification occurred to include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream as more fully set forth in Idaho Code § 50-2903A subject to certain limited exceptions contained therein, including the exception to allow an amendment to support growth of an existing commercial or industrial project. I.C. § 50-2903A(l)(a)(iv). As more specifically identified above, the Agency's projections are based on estimated values, estimated levy rates, estimated future development, and estimated costs of future construction/improvements. Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not deemed a modification under Idaho Code § 50- 2903A(1)(a)(i). 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency's activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. This annual report shall be considered at a public meeting to report these findings and take comments from the public. Additionally, the Agency must comply with certain other reporting requirements as set forth in Idaho Code § 67-450E, the local government registry portal, Idaho Code § 50-2913, the tax commission plan repository, and Idaho Code § 50-2903A, the tax commission's plan modification annual attestation. Failure to report the information requested under any of these statutes results in significant penalties, including loss of increment revenue, and the imposition of other compliance measures by the Ada County Board of County Commissioners. 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. 41 Attachment I Boundary Map of Urban Renewal Project Area and Revenue Allocation Area DISPLAY MAP FOR: NORTHSIDE CROSSING TIFF DISTRICT LOCATED IN THE SOUTHEAST 114 OF SECTION 34 AND THE WEST 112 OF SECTION 35. TOWNSHIP 5 SOUTH, RANGE 34 EAST, POINT OF BEGINNING BOISE MERIDIAN, BANNOCK COUNTY, IDAHO 27 TYMEE ROAD 27 26 _ _ 5 89°46'49" E 2637T-45' 82' 26 34 S 89°47'15" E 1057.19' 3a 3 S 89°46'49" E 1485.77 N 8°50'33" E 81.42' N 0'12'45" E S 13°1 25.00' 4 = 10°03'16" I S 26°17'16RADIUS = 2950.00' 314 ARC LENGTH = 517.67' CHORD = N 3°48'55" E 517.01' S 18°21'19" W 318.85' I STEVEN ALLEN WILSON INST. NO. 21404143 (EXCEPTED PARCEL) v N 3 JJAR INVESTMENT, LLC Lu I KENT L. YOST �m INST. NO. 21005389 I o INST_ NO. 21008325 r I v o7 z KEVIN LOVELAND & 100.00' WIDE UNION JYY, LLC JYY, LLC ANN LOV LAND PACIFIC RAILROAD INST, NO, 22002188 Nsr NO, 22008048 INST. NO, 21213964 RIGHT-OF-WAY o I� I D to TOTAL PROJECT AREA P79.89 GGNE5+ =W 3 � O 1 I; /N 894327" W 2658 52' _ _ 34 34% 35 THE JEFFE7Y D. �j DRISCOLL OR S 1 °13'28" E 352.00' JULIE P. DRISCOLL REVOCABLE TRUST INST. NO. 21806673 113: I JJAR INVESTMENT, LLC INST. NO. 21005389 ll (V ir1 rz 5 8°00'48" E 396.63' �Im I nr e W m r S 5°46'10" E 583.20' J j~ - Z - — JYY. LLC TAILWWO SUBDIVESION INST N6. 21901469 Z CITY OF CFiUBBUCK i] INST, No_ 20727165 I INST. NO.21602283 f 1 j N 89°46'42" W 1164.49' m RANDY MERICA & _I N INSTENO96747 8NaATN NORTHSIDE PLAZA I ~ INST, NO. 621171 ORAPNIC SCALE I Q d 400 0 240 400 o y I I N iIK FEET, 0 I NORTHSIDECROSSING- 11 1 Inch = 400' D{VISION 1 j i f INST. NO. 219181&3 fk! ld 3 N 89'3j7477W 2650.75' 3 2 NEWDAYPARKWAY ^ (FORMER,[ Y SIPHON ROAD) N 89°36'44 W 984.32' { DRAWN BY: SEAN O'BRIEN FILE LOCATION R d 7%YO5T, LYNWORTHSIDE CROSSING - 17120LSURVlCAD109-04-20 NSIDE XING TIFF.DWG N. CRAIG SIMONS & KIMBERLEE LYNN SIMONS INST_ NO, 897138 35 2 11,70men • Surreyors Plartngn f5Hf n, W.•W 0Nfl/blar. NPF9I0f*/N!/5lS-0f!B ft � PwleRq lR 9]iBl � /509/��FBi10 Attachment 2 Legal Description of Urban Renewal Project Area and Revenue Allocation Area "MEwd3 Engineers a Surveyors • Planners 30f 581h SG W. ,OY38 • W1111S1on, N05880f • 17011572.0110 $00 E Oar* Sf. + Pocatello, 10 9.1201 • 1208) 234 -Of f0 wwK.nnes.hlz LEGAL DESCRIPTION — NORTHSIDE CROSSING TIFF DISTRICT A TRACT OF LAND LOCATED IN THE EAST 1/2 OF SECTION 34 AND THE WEST 1/2 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 35, BEING MONUMENTED BY A RAILROAD SPIKE AS DESCRIBED IN CORNER PERPETUATION FILED FOR RECORD UNDER INSTRUMENT NO. 20520343 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE SOUTH 89'46'49" EAST (BASIS OF BEARINGS PER THE CENTRAL MERIDIAN OF THE EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM), ALONG THE NORTH LINE OF SECTION 35, A DISTANCE OF 1485.77 FEET TO A POINT ON THE CENTER OF THE HILINE CANAL; THENCE FOLLOWING ALONG THE CENTERLINE OF THE HILINE CANAL OVER THE FOLLOWING EIGHT (8) COURSES: 1. SOUTH 13°11'58" WEST A DISTANCE OF 241.08 FEET; 2. SOUTH 2617'16" WEST A DISTANCE OF 314.45 FEET; 3. SOUTH 18021'19" WEST DISTANCE OF 318.85 FEET; 4. SOUTH 931'31" WEST A DISTANCE OF 808.83 FEET; 5. SOUTH 0°35'06" WEST A DISTANCE OF 1029.73 FEET; 6. SOUTH 1013'28" EAST A DISTANCE OF 352.00 FEET; 7, SOUTH 800'48" EAST A DISTANCE OF 396.63 FEET; 8. SOUTH 5°46'10" EAST A DISTANCE OF 583.20 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO RANDY MERICA AND TERESA MERICA AS DESCRIBED IN WARRANTY DEED RECORDED AS INSTRUMENT NO. 896747 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE FOLLOWING ALONG THE NORTH AND WEST BOUNDARY LINES OF SAID PARCEL OF LAND OVER THE FOLLOWING TWO (2) COURSES: 1. NORTH 89°46142" WEST DISTANCE OF 1184.49 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 35; 2. SOUTH 0014'09" WEST A DISTANCE OF 1293.83 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF NEW DAY PARKWAY (FORMERLY SIPHON ROAD); THENCE NORTH 89°36'44" WEST A DISTANCE OF 984.32 FEET TO A POINT ON THE EAST RIGHT- OF-WAY LINE FOR THE UNION PACIFIC RAILROAD; Focused on Solutions Civil + Environmental ♦ Transportation ♦ Planning ♦ Land Development ♦ Municipal # Surveying THENCE FOLLOWING ALONG SAID RIGHT-OF-WAY LINE OVER THE FOLLOWING THREE (3) COURSES: 1. NORTH 112'43" WEST A DISTANCE OF 4643.47 FEET TO A POINT OF TANGENCY WITH A 2950.00' RADIUS CURVE WHOSE CENTER BEARS NORTH 88°47'17" EAST; 2. FOLLOWING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10'03'16" FOR AN ARC LENGTH OF 517.67 FEET (THE CHORD OF SAID CURVE BEARS NORTH 34855" EAST A DISTANCE OF 517.01 FEET), MORE OR LESS, TO A POINT OF TANGENCY; 3. NORTH 8°50'33" EAST A DISTANCE OF 81.42 FEET, MORE OR LESS, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF TYHEE ROAD,- THENCE OAD; THENCE SOUTH 89047'15" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF TYHEE ROAD, A DISTANCE OF 1057.19 FEET TO A POINT ON THE WEST LINE OF SECTION 35; THENCE NORTH 0012'45" EAST, ALONG THE WEST LINE OF SECTION 35, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: A PARCEL OF LAND BELONGING TO STEVEN ALLEN WILSON AS DESCRIBED IN WARRANTY DEED RECORDED AS INSTRUMENT NO. 21404143 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY DESCRIBED AS FOLLOWS: Commencing at the NW corner of Section 35, T 5S, R 34 EBM: Thence S 36 degrees 07' E 1450 feet to the P.O.B. Thence N 01 degrees 26' E 241.0 feet: Thence S 87 degrees 36' E 220.56 feet (recorded as 210 feet): Thence S 12 degrees 01' W 259.49 feet (recorded as 259 feet): Thence N 84 degrees 59' W 173.21 feet (recorded as 174.50 feet): Thence N 01 degrees 26' E 6.97 feet to the P.O.B. A Total of 1.14 acres (recorded as 1.04 Acres) P� � �G1STS 'Ya 14 4 O TOTAL PROJECT AREA IS 229.89 ACRES, MORE OR LESS o�� Cf ---z° � rgTEOF10�'� ri �Y�• CORN��So Focused on Solutions Civil + Environmental 4 Transportation + Planning 4 Land Development + Municipal + Surveying Attachment 3 Private Properties Which May Be Acquired by Agency The Agency has not identified any particular parcel for acquisition for the construction of public improvements or for private redevelopment. Properties which may be subject to acquisition include parcels to: a) assemble with adjacent parcels to facilitate redevelopment; b) assemble with adjacent rights-of-way to improve configuration and enlarge parcels for redevelopment; C) reconfigure sites for development and possible extension of streets or pathways; d) assemble for future transfer to qualified developers to facilitate the development of mixed-use, residential, commercial, and retail areas; or e) assemble for the construction of certain public improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental remediation/site preparation, public parking, community facilities, parks, pedestrian/bike paths and trails, recreation access points, and other public facilities. 2. The Agency reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The Agency reserves the right to acquire property needed to provide adequately sized sites for high priority projects for the development of public improvements (the exact location of which has not been determined). 4. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration projects, constructing public parking, constructing new streets or pathways, enhancing public spaces, or to implement other elements of the urban renewal plan strategy and/or any master plan for the Project Area. Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Nort hsideCrossing'TIFFDistrict ® Northside Crossing TIFF District Future Land Use Designation Commercial S Employment Low Density Medium Density i Mixed Use R I • L Miles Tailwind Cir a Southside Way y p � ,.w . Northside Crossing TIFF District I M Northside Crossing TIFF District Zoning Agriculture {A) Single Family Residential (R-1) Limited Residential (R-2) Limited Commercial (C-1) -.. _ General Commercial [G2} Industrial (1) 1=11 Creative Community C as New Day Pkw o k (9 w Pocano St 41 M M cn H a 0 14 I t Roanoke ur Attachment 5 Economic Feasibility Study CFMBUCK, IDAHO FINANCIAL FEASIBTi.TTY STUDY Nomui E CROSSING URBAN RENEWAL, PROJECT PREPARED SY: OUTVM1' POUCY ADVISORS BURLXY, IDAHO Outwest Policy Advisors Burley, Idaho INTRODUCTION In October of 2016 Brent Tolman founded Outwest Policy Advisors to assist Idaho communities with economic, workforce, and urban renewal development policy and activities. Brent has a passion for helping Idaho communities grow and prosper and continue to offer unique qualities and opportunities only found in rural America; and by all rights, Idaho is still considered a rural state. Outwest Policy Advisors provides Executive Director and Consulting services to the Heyburn Urban Renewal Agency, the Jerome County Urban Renewal Agency, and the Rigby Urban Renewal Agency. Brent earned an Executive Master of Business Administration from Boise State University and is a State of Idaho Certified Public Manager. Through our work with Urban Renewal Agencies across southern Idaho, Outwest Policy Advisors has developed the knowledge and insight to guide communities on public projects that help to attract new jabs and expand community offerings and enhance the quality of life. Outwest Policy Advisors has completed or is working on the following projects: • McCain Foods URD Feasibility Study Update — Burley • The Boulevard — Heyburn • Business Park 208 — Heyburn • Crossroads Point Deannexation Plan Amendment—Jerome County • Crossroads Point Phase 2—Jerome County • The Boulevard Plan Amendment — Heyburn • Process Improvement —Apex Drilling • Siphon Road West Eligibility Study Update 2020—Chubbuck • Harvest Springs Feasibility Study— Chubbuck • Northside Crossing Feasibility Study — Chubbuck • Highway 48 West Eligibility Study — Rigby • Rigby Lake Eligibility Study — Rigby • South Rigby Eligibility Study — Rigby Urban renewal projects in Idaho are governed by the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code (the "Law") and the Local Economic Development Act, as amended, Chapter 29, Title 50, Idaho Code (the "Act"). This Feasibility Study for the Northside Crossing project area was prepared in accordance with the provisions of the Law and the Act and provides an analysis of the proposed project with respect to the anticipated revenue stream generated from incremental taxable value within the project area as well as highlights key factors affecting the local economy that necessitates the use of revenue allocation (tax increment) financing to meet the infrastructure needs of projected growth within the community. Outwest Policy Advisors Burley, Idaho EXECUTIVE SUMMARY The City of Chubbuck (the "City") has experienced significant growth during the past decade. With consistent population increases, the City must make municipal services available to a larger geographic area to accommodate the growth in a managed and controlled manner. CHART 1 shows the change in City population and average annual employment from 2010 to 2019. CHART 1 Sterling's Best Places shows a population increase of 49.2% or 4,770 persons from 2000 to March of 2019.1 Of particular note is the number of new City residents that have located in the City from outside of Bannock County. TABLE 1 Population Different County Total housing units Occupied housing units Vacant housing units Homeowner vacancy rate Rental vacancy rate Median Rent (dollars) 2010 2019 13,036 14,470 1,010 1,304 4,601 5,259 4,453 5,131 148 128 3.1% 0.9% 3.6% 1.5% $ 626.00 $ 847.00 1 https://www,bestplaces.net/people/city/idaho/chubbuck Outwest Policy Advisors is Burley, Idaho Not only has the population of Chubbuck increased during the past decade, the number of business establishments and correspondingly the number of employees has increased as shown in CHART 2 below. 1411 F -AMM PROJECT AREA The project area is generally located at the northwest intersection of New Day Parkway and Interstate 15. it is bounded on the east by Hiline Road, the Union Pacific Railroad on the west, and Tyhee Road on the North. The project area consists of seven parcels totaling approximately 226 acres. The approximate area includes the shaded area in the picture below. Outwest Policy Advisors Burley, Idaho 4 The Northside Crossing project is proposed as a mixed-use development consisting of both commercial and residential properties. The City approved a Creative Community zoning that encourages such mixed-use developments. This zoning allows the Urban Renewal Agency for the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority (CDA) the ability to negotiate specific agreements with developers that align with the City's comprehensive plan Our Valley, Our Vision. In December 2018 the CDA adopted a policy, which may be amended from time to time, governing the Agency's commitment to paying for certain public infrastructure improvements and the proposed development is anticipated to be subject to that policy for purposes of analyzing the economic feasibility of the project. EXISTING LAND USES Current land use within the proposed project area is primarily irrigated agricultural activity. As such, it will be necessary to secure an agricultural operation consent to include those parcels Qutwest Policy Advisors Burley, Idaho 5 within the boundaries of the urban renewal project area. The owner has signed an agricultural operation consent indicating their willingness to include the proposed project area in a revenue allocation area. VALUATION OF URBAN RENEWAL AREAS The following calculations show the adjusted base assessed values of all existing and the projected base assessed values of the proposed Revenue Allocation Areas in the City. In compliance with Idaho Code 50-2903(15) these calculations demonstrate that the combined base assessed values of the existing and proposed revenue allocation areas do not exceed 10% of the current assessed valuation of all taxable property within the City. Existing Revenue Allocation Areas Central Chubbuck URD (expires in 2022) Pine Ridge Mall URD Proposed Revenue Allocation Areas Harvest Springs Northside Crossing Total Base Valuation of existing and Proposed RAA's Value Year of Valuation $13,249,883 2020 $30,026,386 2020 Value Year of Valuation $ 271,676 2020 $ 501,066 2020 $44,049,011 Total Base Value of Existing and proposed RAA's totals $44,049,011. The current taxable value for the City is $974,520,474. As limited by Idaho Code 50-2903(15), "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." Therefore, the ten percent (10%) limitation amount is $97,452,074. As evidenced in this calculation, the total base value for the current RAA's, and the proposed RAA's do not exceed the statutory limitation. PUBLIC IMPROVEMENTS The land as it currently sits is unsuitable for development as contemplated by the City's Comprehensive Plan as it lacks adequate public infrastructure to facilitate private development. To make the land conducive to development, the developer has requested assistance with certain public infrastructure improvements shown in TABLE 1. The estimated cost of improvements is in 2019 dollars and does not factor inflationary increases. As shown, for purposes of determining economic feasibility of the project, CDA anticipates only funding a portion of the public infrastructure improvements costs pursuant to CDA's existing participation policy. Outwest Policy Advisors Burley, Idaho R! TABLE I Proposed Public ImprovementS2 CATEGORY TOTAL COST TAX INCREMENT FUNDED AMENITIES $1,740,550 $1,655,550 CONCRETE $2,251,330 $1,480,272 DEMO/EARTHWORK $1,574,361 $980,258 ELECTRICAL\DISTRIBUTION $1,774,000 $1,265,550 EROSION CONTROL $388,657 $244,282 IRRIGATION $1,884,086 $1,396,342 MISC $11,451,076 $7,851,132 ROADWAYS Project Roadways $10,157,306 $6,664,408 * Traffic Study $100,000 $100,000 * Tyhee\Hiline\Harvest Springs intersection $1,500,000 $1,500,000 * ^ Tyhee\Yellowstone intersection $500,000 $500,000 * ^ Widen Tyhee $1,100,000 $1,100,000 * ^ Whitaker\New Day Signal $650,000 $650,000 * ^ Whitaker\Tyhee Signal $650,000 $650,000 * A Well 7 complex $2,900,000 $2,900,000 SEWER $2,197,696 $1,410,344 STORM TOTALS $2,072,269 $1,294,562 $3,302,473 2 ; $48,715,400 $2,089,377 $35,443,662 *The costs shown here are the estimated portion of costs associated with the Northside Crossing development ^ These proposed projects are outside the boundary of the project area and are currently located within unincorporated Bannock County. These projects are a benefit to and needed by the proposed development within the project area. Construction of these projects will not proceed unless and until these improvement areas are annexed bythe City. This project does not intend to exercise jurisdiction over property within unincorporated Bannock County; rather, the Study has included the costs for analysis of economic feasibility. 'The proposed public improvement costs were provided by the developer and reviewed by CDA staff. The reimbursable portion of costs complies with CDA Resolution 2018-4 governing the use of incremental tax revenues to pay for certain public infrastructure improvements. CDA Resolution 2018-4 was adopted by the Agency on December 18, 2018. Outwest Policy Advisors Burley, Idaho TAx LEVY RATES The 2019 certified tax levies shown in TABLE 2 are used to develop the cash flow projections from the incremental values generated within the development. This study takes into consideration the impact of termination of the Chubbuck Central Development project in 2022, with revenues to be received by CDA in 2023, and incorporates estimated impact on tax levies following the anticipated termination in 2023. The calculation of future tax levies due to the termination of the plan is governed by IDAPA Rule 802.06 and IDAPA Rule 803-805. TABLE 2 Affected Taxing Districts3 Taxing District District Tax Levy To URD Tax levy Applied to URD Ambulance District 0.000350390 Y 0.000350390 City of Chubbuck 0.009459658 Y 0.009459658 Bannock County 0.004845317 Y 0.004845317 County Road & Bridge 0.000525492 Y 0.000525492 Mosquito Abatement District 0.000030244 Y 0.000030244 Pocatello Sch. District 25 0.000000000 Y 0.000000000 Portneuf Free Library 0.000521877 Y 0.000521877 School District #25 Plant & Facilities 0.001284506 N 0.000000000 Sch District #25 Supplemental 0.002042726 N 0.000000000 State 0.000000000 Y 0.000000000 TOTAL 0.019060210 0.015732978 3 The distribution of tax revenues generated by these tax levies was provided by the Bannock City Treasurer's office. As shown on the Projected Tax Increment Revenues page of the financial analysis, these rates are projected to change when the Chubbuck Downtown urban renewal district terminates on December 2022, recognizing revenues shall be received by CDA in 2023. Outwest Policy Advisors Burley, Idaho FINANCING OPTIONS Several financing options are available to fund the construction of the public improvements intended in the Project Area. These include but are not limited to: • Tax Increment Financing/Revenue Allocation • Improvements and/or payments by developers (owner/developer advanced funding of certain public infrastructure improvements) • City Enterprise Funds • Local Improvement District (LID) • Development Impact Fees • Grants from federal, state, regional agencies and/or private entities TAX INCREMENT FINANCING/REVENUE ALLOCATION Tax Increment Financing (TIF) funds are generated from the increased taxable value of new development occurring on property that has been found to be eligible for inclusion in an urban renewal plan due to its deteriorated or deteriorating condition. Such property is deemed to have a base assessment role value as of January 1 in the year an urban renewal plan with a revenue allocation financing provision is adopted by the Chubbuck City Council. Any development that increases the taxable value above the base value constitutes the "incremental taxable value." The tax revenues generated by this incremental taxable value are allocated to the designated urban renewal agency for use in accordance with the Plan. IMPROVEMENTS PAID BY DEVELOPER Investment in public infrastructure can occur through direct investment of the incremental tax revenues or through a public-private partnership with a third party that invests in the infrastructure improvements and is repaid for that investment over time as revenues are generated. This is often a development entity which fronts the costs of the public infrastructure and receives a portion of the tax increment revenues to repay that investment. CITY ENTERPRISE FUNDS As permitted by Idaho law, and as appropriately budgeted by the City Council through its annual budgeting process, the City may provide advances or contribution for certain public improvements. Under such conditions the City may be considered a reimbursable partner in the development and incremental tax revenues generated by the Project could be allocated between the Developer, the Agency, and the City in predetermined percentages or fixed amounts. The City has identified certain improvement that could be paid for using City Enterprise Funds, recognizing identification of such funds is not a Outwest Policy Advisors Burley, Idaho binding allocation of funds. Anticipated City participation, if any, in funding projects is for purposes of determining the economic feasibility of the project, but is non-binding on the City. The future contribution by the City in any project would be determined pursuant to the City's annual budgeting process. The Sources and Uses of Funds as shown in EXHIBIT C estimates the future availability of City Enterprise Funds for improvements to the water, sewer, and irrigation systems. The Financial Analysis contemplates the City being reimbursed for these improvements from the projected tax increment revenues. LOCAL IMPROVEMENT DISTRICTS Assessment areas, created through local improvement districts, are another means of funding the timing gap between when funds are needed and when they are generated. This financing mechanism allocates an "assessment" among property owners based on the benefit to the various property owners from the improvements being made. Assessments made for new development where only one, or a small number of developers is involved, are generally based on acreage. Then the tax-exempt bonds can be issued using the City's tax-exempt status. The property is the collateral for the bond and the revenue stream is the commitment of the property owner(s) to make the payments. Generally, this type of bond requires a 3:1 or 4:1 ratio in the market of currently appraised value (including the funded improvements) to the cost of the improvements in order to be sold. In the event the property owner is not able to, or chooses not to, make the bond payments, foreclosure action can be taken against the property. Given the lack of current development and a lack of multiple property owners among whom an assessment could be split, this method is not a feasible option. DEVELOPMENT IMPACT FEES While still a potential resource, development impact fees are being utilized less frequently than in years past. Part of the reason for this is the law is very stringent on how such impact fees are administered and for what purposes they may be utilized. The City charges a connection fee for water and sewer but does not charge an additional impact fee. The connection fees are tracked in separate capital accounts for each system and can be used city-wide. When a new large development is planned, such connection fees generally do not generate adequate revenues to fund the total cost of the required public infrastructure improvements. Impact fees would generally be payable to the municipality where the development is to occur. As the City does not charge a development fee in addition to system user connection fees, the use of Development impact Fees is not available to pay for the proposed improvements. GRANTS— COMMUNITY DEVELOPMENT BLOCK GRANTS The City may apply for an Idaho Community Development Block Grant to help with public infrastructure improvements. Such application must meet the specific eligibility criteria Outwest Policy Advisors Burley, Idaho 10 and objectives including but not limited to impact on low -to -moderate income areas and job creation in disadvantaged areas. Funding for improvements under the block grant program would only be available to the City as specific development activities are identified and would require an application at the time of proposed development. As such, the financial projections included in this study do not contemplate the use of block grant funding though such funding could be applied for as specific projects develop. FINANCING RECOMMENDATION Based on the information provided by City staff, CDA staff and developer representatives, the most likely source of funds for public infrastructure improvements will come from advance funding by the Developer who will then be reimbursed a portion of those costs as set forth in a future owner participation agreement in the amount as outlined in CDA policy adopted through Resolution 2018-4, and as may be amended in the future. CASH FLOW ANALYSIS The purpose of this study is to determine if the tax increment revenue stream will generate sufficient cash flow to fund such reimbursable costs as determined by the Agency. Appendix A shows the anticipated revenues to the Agency based on the assumptions outlined below: ASSUMPTIONS: Land Values inflation per year 1.00% Improvement Values inflation per year 2.00% Administrative costs: 20.00% of annual Tax Increment revenues with a cap of $50,000/year Assumes 80% owner -occupied structures eligible for Homeowner's Exemption y Property tax income available the year following completion of construction New construction values inflate on same basis as original improvement values IF APPLICABLE, Includes increased land value as a result of loss of AG Exclusion This projection assumes levy rates will be reduced by 2% in 2024 following closeout of the Chubbuck Downtown urban renewal plan, be reduced for 1% or each of the next four years then remain constant during the remaining life of the RAA Appendix B shows the projected sources and uses of funds, including Developer contributions, City Enterprise Funds (non-binding on the City), incremental tax revenues, and expenses for public improvements. Additionally, this also shows the projected reimbursement to the Developer for the public improvements as agreed by the Agency. Outwest Policy Advisors Burley, Idaho 11 As proposed, the development is anticipated to generate sufficient incremental tax revenues over the life of the project. The projected incremental tax revenues are anticipated to exceed the total costs of the proposed public infrastructure. Based on the Agency's Resolution 2018-04 Standard Reimbursement Rates, the anticipated reimbursable infrastructure costs are estimated at 73% of the total estimated infrastructure costs. Anticipated Tax Increment Revenues $55,538,790 Total estimated public infrastructure costs $48,715,400 Estimated reimbursable public infrastructure costs $35,443,662 Idaho Property Tax Considerations The Idaho Legislature during its 2020 session appointed an interim Working Group to study the impacts of current property tax legislation across the state. This group is tasked with studying ways to lessen the impact of rapidly growing property assessed values and the resulting property tax on property owners. As such, there may be legislation introduced in the 2021 legislative session that will impact future homeowner (HO) exemption amount, the overall property tax computation, and/or the assessment process conducted by County Assessors, and if any such legislation passes it could impact the projected tax revenues included in this study. CONCLUSION Based on the analysis of the projected development, the impact of tax levies on the incremental value of the development, and overall project scope, the project will generate sufficient tax increment revenues to be able to fund the proposed public infrastructure provided the project develops as anticipated. Should the project be delayed or meet substantial roadblocks in development occurring as projected, the estimated tax increment revenues and ability to pay for such improvements will be reduced. Outwest Policy Advisors Burley, Idaho 12 Outwest Policy Advisors APPENDIX A ESTIMATED TAX INCREMENT REVENUES 13 Burley, Idaho 1 2 3 4 S 5 7 B 9 10 11 12 13 14 Scenario: 1% annual increase inland Value and 2% annual increase in Improvement Value; Reduced tax levy following Downtown Chubbubk Plan termination on December 31, 2022 RASE �p Enrma�kn fool., une va,,,a u,rt,e aneAvnmam vela, a... v.lw, Value 5 401,399 $ Valu 96,557 $ 501,056 Land Value w/ AG Improvement Initial Rase Value Cumula,ise RAA Total Assessed Value Annual N.. Conn. Value CV m. NCw oon Cumulative Total Increm¢nt Value Tar lnaement YEAR Calendar Yalmpdon Bou Value+ Bate Value w/AG ex Intaease due to Homeowner'ate levy R +Inflatlpn inflation wlAG ex inflation un taw rpSl Value+Infladpn Exemption Taxable Value rramb}e Value -Rase] Yields 0 2020 $ 402,399 $ 96,657 $ 501,056 $ 501,056 $ - $ - $ - 5 - $ - $ - 0.015732978 - 1 2021 $ 406,423 $ 100,630 507,053 $ $ $ $ 501,056 $ 5,997 $ 18,600,000 $ 10,600,000 $ 1,920c000 $ 16,685,997 $ 16,104,441 0.015732978 $ 254,637 $ 2 2022 $ 410,467 $ 102,643 $ 513,130 $ 501,056 $ 12,074 $ 11,797,000 $ 30,769,000 $ 2,640,000 $ 28,141,074 $ 27,640,018 9.015732978 $ 434,860 $ 3 2023 $ 414,592 $ 104,696 $ 519,288 $ 501,056 $ 18,232 $ 10,205,610 $ 49,669,990 $ 3,440,000 $ 46,248,222 5 45,747,166 0.615418318 $ 705,344 $ 4 2024 $ 418,738 $ 106,790 $ 525,528 $ 501,055 $ 24,472 $ 12,640,179 $ 63,503,569 $ 2,560,000 $ 60,968,041 $ 60,456,985 0.615264135 $ 922,976 $ 5 2025 $ 422,925 $ 108,925 $ 531,051 $ 501,056 $ 30,795 $ 12,329,579 $ 77,103,219 $ 2,400,000 $ _ 74,734,014 $ 74,232,958 0.015111494 $ 1,121,771 $ 6 2026 $ 427,155 $ 111,104 $ 538,258 $ 501,056 $ 37,202 $ 12,656,249 $ 91,301,532 $ 2,480,000 $ 88,858,734 $ 88,357,678 0.014950379 5 1,321,864 $ 7 2027 $ 431,426 $ 113,326 $ 544,752 $ 501,056 $ 43,696 $ 22,825,157 $ 115,953,720 $ 4,880,000 $ 111,117,416 $ 1I0,616,360 0.014950379 S 1,654,863 $ 9 2028 $ 435,740 $ 115,592 $ 551,333 $ 501,056 S 50,277 $ 19,460,184 $ 137,732,978 $ 3,840,000 $ 133,943,255 $ 133,442,199 0.014950379 $ 1,996,346 $ 9 2029 $ 440,098 $ 117,904 $ 558,002 $ 501,056 $ 56,946 $ 21,121,520 $- 161,609,158 _$ 3,920,000 $ 157,746,104 $ X157,245,048 0.014960379 S 2,352,446 5 10 2030 $ 444,499 $ 120,262 $ 554,761 $ 501,056 $ 63,705 _$ 21,713,030 $ 186,554,371 $ 4,080,000 $ 182,538,076 $ 182,037,029 0.014960379 5 2,723,343 $ 11 2031 $ 448,944 $ 122,668 $ 571,511 $ 501,056 $ 70,555 $ 19,352,396 _$ _209,637,854 $ 3,840,000 S 205,868,409 $ 205,357,353 0.014950379 $ 3,072,373 $ 12 2032 $ 453,433 $ 125,121 $ 578,554 $ 501,056 $ 77,498 $ 17,441,347 $ 231,271,958 $ 3,360,000 5 227,989,456 $ 227,488,400 0,014960379 $ 3,403,313 $ 13 2033 $ 457,968 $ 127,623 $ 585,591 $ 501,056 $ 84,535 $ 15,398,216 $ 251,295,615 $ 2,880,090 $ 248,500,150 $ 247,999,094 0.014960379 $ 3,710,160 $ 14 2034 5 462,547 $ 130,176 $ 592,723 $ 501,056 $ 91,667 $ 12,335,683 $ 268,657,210 $ 2,240,000 $ 266,506,077 $ 266,007,821 0.014960379 $ 3,979,570 $ 15 2035 $ 467,173 $ 132,779 $ 599,952 $ 501,056 $ 98,896 $ 9,075,538 $ 283,105,892 $ 1,600,000 $ 261,604,788 $ 281,103,732 0.0I4960379 $ 4,205,418 $ 16 2036 $ 471,844 $ 135,435 $ 607,279 $ 501,056 $ 106,223 $ 7,945,634 9 296,713,644 $ 1,360,000 $ 295,459,867 S 294,958,811 0.014960379 $ 4,412,596 $ 17 2037 $ 476,563 $ 138,144 $ 614,707 $ 591,055 $ 113,651 $ 5,295,531 $ 307,943,448 $ 880,000 $ 307,177,099 $ 306,676,043 0.014960379 $ 4,587,990 $ 18 2,038 $ 481,329 $ 140,906 $ 622,235 $ 591,056 $ 121,179 $ 5,454,397 $ 319,556,714 $ 880,000 $ 318,797,093 $ 316,296,837 0.014960379 $ 4,761,841 $ 19 2039 $ 486,142 $ 143,725 $ 629,666 $ 501,055 $ 128,810 $ 2,553,650 $ 32B,501,498 $ 480,000 $ 328,150,308 S 327,649,252 0.014960379 $ 4,901,757 $ 20 2040 $ 491,003 $ 146,599 $ 637,602 $ 501,055 $ 136,546 - $ 526,052$ 335,597,580 $ - $ 335,734,126 $ 335,233,070 0.014960379 $ 5,015,214 $ $ 1,372,957 S 267,007,954 $ 55,538,790 $ ' Land Values inflation per year 1,00% If no Ag Exemption, Land Value is assessed after change of use, If the Ag Exemption exissts, Land Value is original base plus inflation a Improvement Values inflation per year 2.00% a Adminstrative costs: 20.00% annual cap of ; 50,000 y If no annual cap, enter N in G31, otherwise enter Y in G31 + Assumes BOO& owner occupied structures eligible for Homeowner's Exemption of $100,000 per residence. ' Incremental taxable value is based on land and improvments to the land and do not take into condsideration any impact of personal property tax on business entities located in the projected developments. e New construction values inflate on same basis as original improvement values IF APPLICABLE, Includes increased land value as a result of loss of AG Exclusion This projection assumes levy rates will decrease 2% in year 2024 when the Chubbuck downtown RAA is closded out and will decrease 1% each of the following three years then remain constant during the remaining e life of the RAA V Taxes will be collected the year following completion of construction. NOTE: The Homeowner exemption amount is calculated an the current HO Exemption granted under Idaho tax law. There is an interim legislative committee meeting to address property taxes in the state. As such, there may he legislation introduced in the 2021 legislative session that will impact future HO exemption amount, the property tax computation overall, ancilor the assessment process condurted by County Assessors, and if any such legislation passes it could impact the projected tax rewenuas, Funding for Admin Casts Capital R mj,dVDeht Service 50,00❑ $ 204,637 50,000 $ 384,860 50,000 S 655,344 50,000 $ 872,976 50,000 $ 1,071,771 50,000 $ 1,271,864 59,000 $ 1,604,863 50,000 S 1,946,346 50,000 $ 2,302,446 50,000 $ 2,673,343 50,000 $ 3,022,373 50,000 $ 3,353,313 50,000 $ 3,660,160 50,000 $ 3,929,578 50,000 $ 4,155,418 50,000 $ 4,362,696 50,000 $ 4,537,990 50,000 $ 4,711,841 50,000 5 4,651,757 50,000 $ 4,955,214 1,000,000 $54,538,790,, Outwest Poky Advisors Burley, Idaho 14 Outwest Policy Advisors APPENDIX B SOURCES AND USES OF FUNDS 15 Burley, Idaho Outwest Policy Advisors Burley, Idaho 16 9 60% ee Ihrla- [reds Ir.m .elstln Revenue Allogtlon Areas to fund Plannin Costs 1 -this r osetl urban renewalm arced. I.ssae will be -,j j fmm fl— revenues rmelv.d Irthis rt eR, "Y'8096 `Pro errs tha ure wnlem_pliuied ro ptturin the future mWtletl rhar the lorarlen of such lm ro men[s have been annenetl I'll the city ChubburN PRI9R ro oso en lm lemenorlon 6895 ^This wst fs a porrlpn p'th. total Improvement rest azsedmed with [hip ddyelepmenl indbdfna the City's share of such Improvements, pro W" thsy are approved as pars of [he City's annual butlgetlna process tlurm IM1kb nate Year a8% P,.wd s for 2blG eEemenfstmtm.... nrpte-0-1 11 u11. Ca ca a155RW9annuanY 2.— am Sdrt Percen[a eof Nntls Available fer Ocht 5cru�ce xe be a mdevelp er Avallehle for 9eh15eM[e is ncl old n emtln .,-dl and an -re ipi Intra -A en loan S9.OtrM Equal Spllr IY1NI Y Prrtenla ePffuntls Avallablefor Oeh55enice to he paid spCisy on an ongoingbasls lAvaklahle lorbzbr 5ervlrekneral0. n eapendlt�resaned any repayment orintra-0. np loom 36A0% a0% Cd51 estimples are slated in 2019 dullem and DO NOT react[ an int plionary factor. All parties a[Nnowladae [hal p,eJ—d costs are estimates W W,,hursemnt i1 supjen to a[Sddi 1111—d anda roved as erA n poll cede red In Oerember 1018 6695 Il sur lis Nnds acvue adtll[lonal rind I ma be aid at the dhtredon of xhe A— . 80% 9651 8O% 16% 30% ]0% 20% 3896 10% 218E 10% 30% 10% 20% 10% 20% 1m1 'W 1tao6 2tyls IAf4 20% 30% 10% ]056 - 5 $ 123,]10 S 26],869 5 ne41i9 5 699,381 S 5 1.2 191]E9l 5 1283890 5 ].55]0]] $ 1,841956 5 2,138,6]4 5 2.41],999 5 3,692,959 5 3.938.138 5 3.143961 5 3334,335 5 3. 993,653 5 1,072,565 5 5 5 5 19,643,661 - 5 - 5 30923 5 64833 5 It1,069 $ 1]4,595 5 '1 214,35E $ 239.3]3 5 329.933 3 399.169 5 499,499 5 534,659 5 601,4]5 5 6]0,663 5 ]32,032 S ]65,916 5 439,225 5 5 S 5 5 $ 5,600,000 5 154,65] $ 339.866 5 665,344 5 9]3,936 5 1,0]1,331 S 1,2]3,664 $ 1,60A,A63 S 1,946,346 5 2,301,446 5 ?633,343 5 ball..... 5 3,353,313 5 3.660.150 $ 3,929,518 $ 3,163.560 5 3.803,643 S - 5 - $ - $ - 5 - 5 - $ - S 3 A59 5 956.911 5 4.41E,316 $ 9,129,15] $ 13,939,914 5 16,945,129 .. r ... .. ��IIIIIIIIIIIIIIIII��IIIIIIIIIIIIIIIIII�� IIIfIDII31�®� FEERM11 M11111111111111=11 9 60% ee Ihrla- [reds Ir.m .elstln Revenue Allogtlon Areas to fund Plannin Costs 1 -this r osetl urban renewalm arced. I.ssae will be -,j j fmm fl— revenues rmelv.d Irthis rt eR, "Y'8096 `Pro errs tha ure wnlem_pliuied ro ptturin the future mWtletl rhar the lorarlen of such lm ro men[s have been annenetl I'll the city ChubburN PRI9R ro oso en lm lemenorlon 6895 ^This wst fs a porrlpn p'th. total Improvement rest azsedmed with [hip ddyelepmenl indbdfna the City's share of such Improvements, pro W" thsy are approved as pars of [he City's annual butlgetlna process tlurm IM1kb nate Year a8% P,.wd s for 2blG eEemenfstmtm.... nrpte-0-1 11 u11. Ca ca a155RW9annuanY 2.— am Sdrt Percen[a eof Nntls Available fer Ocht 5cru�ce xe be a mdevelp er Avallehle for 9eh15eM[e is ncl old n emtln .,-dl and an -re ipi Intra -A en loan S9.OtrM Equal Spllr IY1NI Y Prrtenla ePffuntls Avallablefor Oeh55enice to he paid spCisy on an ongoingbasls lAvaklahle lorbzbr 5ervlrekneral0. n eapendlt�resaned any repayment orintra-0. np loom 36A0% a0% Cd51 estimples are slated in 2019 dullem and DO NOT react[ an int plionary factor. All parties a[Nnowladae [hal p,eJ—d costs are estimates W W,,hursemnt i1 supjen to a[Sddi 1111—d anda roved as erA n poll cede red In Oerember 1018 6695 Il sur lis Nnds acvue adtll[lonal rind I ma be aid at the dhtredon of xhe A— . 80% Relmbunemenr Pate dV Party Oevelopar OrY Dpl lar valve mi h—rr- 9nymapar $ CRY 5 4612-7658-0035.9.2 Outwest Policy Advisors f fhc Aaenry and the 6evelopnr agree to an equal sp3d aE revenues br the Ilre of rhe plan or until eaN pant Is ralmbursetl fer apprnveb capendltuYes, the mages Indicatetl In [he green ells cera used Inthe reimbursement alalahons- l}there wlll4e a uarlanxe In the rates al reimbursement, the srhedule ac rhe ttom tr she pe6e will be usetl to talcwo[e me reimbursemene paymenrs 66%60% 60% 905E "Y'8096 6895 80% a8% 5055 am Sdrt 9994 96% 80% a0% 60% 6695 6096 80% 9651 8O% 16% 30% ]0% 20% 3896 10% 218E 10% 30% 10% 20% 10% 20% 1m1 'W 1tao6 2tyls IAf4 20% 30% 10% ]056 - 5 $ 123,]10 S 26],869 5 ne41i9 5 699,381 S 5 1.2 191]E9l 5 1283890 5 ].55]0]] $ 1,841956 5 2,138,6]4 5 2.41],999 5 3,692,959 5 3.938.138 5 3.143961 5 3334,335 5 3. 993,653 5 1,072,565 5 5 5 5 19,643,661 - 5 - 5 30923 5 64833 5 It1,069 $ 1]4,595 5 '1 214,35E $ 239.3]3 5 329.933 3 399.169 5 499,499 5 534,659 5 601,4]5 5 6]0,663 5 ]32,032 S ]65,916 5 439,225 5 5 S 5 5 $ 5,600,000 5 154,65] $ 339.866 5 665,344 5 9]3,936 5 1,0]1,331 S 1,2]3,664 $ 1,60A,A63 S 1,946,346 5 2,301,446 5 ?633,343 5 ball..... 5 3,353,313 5 3.660.150 $ 3,929,518 $ 3,163.560 5 3.803,643 S - 5 - $ - $ - 5 - 5 - $ - S 3 A59 5 956.911 5 4.41E,316 $ 9,129,15] $ 13,939,914 5 16,945,129 17 Burley, Idaho MAPS of PROPOSED IMPROVEMENTS outwest Policy Advisors Burley, Idaho 18 CONMIT LAYOUT FOR TH[: NORTHSIDE CROSSING LOCAM M rH{ MS' HAIL OF SECTION 35, I f VmM -fP 5 Sods", MM Sa LOT, B.Y.. B jMa CCui'Y MHO S LLHkIVCM r..w.• dlry i V„ _. JA _ -, 'R+,.. ��.].6 �� ! _ ! • n �, r i%1� f�l� a{{!{ww nlw,r, lo r CONCEPT LAYOUT FOR THE: NORTHSIDE CROSSING 4,K '�• n �� j • j "�h TAW $ 00k "W m LW "C wkwom cmwv. Whip • ww! ra/yw"M 7�7- y Outwest Policy Advisors Burley, Idaho 19 I Intersection Signal at •r ' Imprmements at Tyhee,"-- W Whitaker and t r and Yellowstone -¢1M Tyhee =$650,000. Y . —WHE vTyhee,Rd•-',52r11VlE. `r �W den'Ha"west ljLSp,1nik,y i+. ir.4 r ' �.. - Ir j siphon Rd Ti Miles Outwest Policy Advisors 20 P �R 1rY1 Well 7 Complex - sum 40 • ..� f ro I Signal at I Whitaker and New Oay - $650,000 I Y �.�jayp \�y a Burley, Idaho Attachment G Agricultural Operation Consents (Attachments B and C are only attached to the first Consent due to length) 4862-5405-0760, v, 12 CONSENT FORM COMES NOW the City of Chubbuck, a state of Idaho political subdivision and municipality, and states that the City of Chubbuck owns that certain properties generally described as Parcel Identification Number: RCCPC041800 and more particularly described an Exhibit A attached hereto and incorporated herein by reference (the "Property"), and hereby certifies: (1) that the Property has been used, within the last three (3) years, as an agricultural operation; and (2) that the undersigned has reviewed the materials provided in Exhibit B, and has had an opportunity to review the urban renewal eligibility report, dated October 2018, entitled Eligibility Study for Siphon Interchange West Urban Renewal Area for the Chubbuck Development Authority, prepared by Renee Magee, JFoster and Associates, and as attached hereto as Exhibit C. Further, Kevin England, as Mayor of the City of Chubbuck, hereby provides his consent and approval that the subject Property may be included within a proposed urban renewal area, and may be deemed appropriate for inclusion within an urban renewal project area as defined by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended, as the property possesses certain characteristics of eligibility. 4t DATED this � ` day of August, 2020. City of Chubbuck Name:,, 4` Title: STATE OF IDAHO ) } ss: County of Bannock } On this day of August, 2020, before me, a notary public in and for said state, personally appeared Kevin England, known or identified to me to be the Mayor of the City of Chubbuck, a state of Idaho political subdivision and municipality, the person who executed the instrument on behalf of said political subdivision and municipality as said Mayor of said political subdivision and municipality, and acknowledged to me that such political subdivision and municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certifjG�tpifjfgabove written. �W"WMIYM Notary Pubb Residing At Ary,04 My Commission Expires EXHIBIT A LEGAL DESCRIPTION KELLER y' associates KA Project No. 215044 January 22, 2016 BGW Revision 1- 01/22/2016 3561"lesl Stmnyslde, Sidra B + Idaho falls, l0 00402 206.542.6120 phony - 20&.642,6207 fax v�iviv.krllerussaclalas.com Chubbuck Well 7 Description Part of the NW1/4 of the SW1/4 Section 35 Township 5 South Range 34 East, B.M., Bannock County, Idaho described as: Commencing at the SW corner of said section 35, thence N00114'09"E 1323,84 feet along the west line of said section 35 to the SW corner of said NW1/4 SWI/4, from which the E1/4 corner bears N00014'09"£ 1323.84 feet, thence along the south line of said NW1/4 SWI/4 589°46'40"E 750.97 feet to the POINT OF BEGINNING, Running thence N00013'20"E 248,31 feet; thence 589046'40"E 407.46 feet to the centerilne of the Fort Hall Main Canal; thence along said centerline 505046'10"E 249.67 feet to a point on the south line of said NW1/4 SWI/4; thence along said south line N89°46'40"W 433.52 feet to the point of beginning, Gross: overall parcel Contains 2.40 acres more or less Net; Remainder Parcel laying west of the 120 foot Fort Hall main Canal easement contains 1.71 acres more or less and is subject to a 15 foot Irrigation easemontalong the east side of said remainder parcel, and an existing 10 foot easement for the Miller lateral along the south side of remainder parcet as shown on photo no,127 of the 1977 Fort Hall Irrigation Project, 8�No NJ <,,:� < =�ir,�;° ��F�p�jt�eP��st�r�piuilons,,Sa�lsiietl Orients Idulio Falls Merldian puatalla Naarlon EXHIBIT B EXCERPTS OF STATUTES IDAHO CODE §§ 50-2018(8) AND (9), 50-2008, 50-2903(8) Section 50-2018 -- Idaho State Legislature Page 1 of 4 Idaho Statutes Print Friendly TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 20 URBAN RENEWAL LAW 50-2018. DEFINITIONS. The following terms wherever used or referred to in this chapter, shall have the following meanings, unless a different meaning is clearly indicated by the context: (1) "Agency" or "urban renewal agency" shall mean a public agency created by section 50-2006, Idaho Code. (2) "Municipality" shall mean any incorporated city or town, or county in the state. (3) "Public body" shall mean the state or any municipality, township, board, commission, authority, district, or any other subdivision or public body of the state. (4) "Local, governing body" shall mean the council or other legislative body charged with governing the municipality. (5) "Mayor" shall mean the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality. (6) "Clerk" shall mean the clerk or other official of the municipality who is the custodian of the official records of such municipality. (7) "Federal government" shall include the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. (8) "Deteriorated area" shall mean an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. Provided however, this definition shall not apply to any agricultural operation, as defined in section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation or to any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the forest landowner, as defined in section 63-1701(5), Idaho Code, except for an agricultural operation or forest land that has not been used for three (3) consecutive years, (9) "Deteriorating area" shall mean an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or https:lllep,,islature.idaho.gov/statutesrules/idstat/Title5O/T50CH2O/SECT50-20181 12/7/2017 Section 502018 — Idaho State Legislature Page 2 of 4 inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; provided, that if such deteriorating area consists of open land the conditions contained in the proviso in section 50-2006(4), Idaho Code, shall apply; and provided further, that any disaster area referred to in section 50-2008(8), Idaho Code, shall constitute a deteriorating area. provided however, this definition shall not apply to any agricultural operation, as defined in section 22-9502(2), Idaho Code, absent the consent of the owner of the agricultural operation or to any forest land as defined in section 63-1701(9), Idaho Code, absent the consent of the forest landowner, as defined in section 63-1701(5), Idaho Code, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. (10) "Urban renewal project" may include undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include: (a) Acquisition of a deteriorated area or a deteriorating area or portion thereof; (b) Demolition and removal of buildings and improvements; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, off-street parking facilities, public facilities or buildings and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal plan; (d) Disposition of any property acquired in the urban renewal area, including sale, initial leasing or retention by the agency itself, at its fair value for uses in accordance with the urban renewal plan except for disposition of property to another public body; (e) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; (f) Acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or https.Hlegislature.idaho.gov/statutcsrules/idstatITitle5OlT5OC[42O/SECT50-2018/ 12/7/2017 Section 50-2018 -- Idaho State Legislature Page 3 of 4 rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property; (g) Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to .remove or to prevent the spread of blight or deterioration, or to provide land for needed public facilities; (h) Lending or investing federal funds; and (i) Construction of foundations, platforms and other like structural forms. (11) "Urban renewal area" means a deteriorated area or a deteriorating area or a combination thereof which the local governing body designates as appropriate for an urban renewal project. (12) "Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan: (a) Shall conform to the general plan for the municipality as a whole except as provided in section 50-2008(g), Idaho Code; and (b) Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (13) "Related activities" shall mean; (a) Planning work for the preparation or completion of a community -wide plan or program pursuant to section 50-2009, Idaho Code; and (b) The functions related to the acquisition and disposal of real property pursuant to section 50-2007(d), Idaho Code. (14) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise. (15) "Bonds" shall mean any bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness, debentures or other obligations. (16) "Obligee" shall include any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with urban renewal, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the municipality. https:Hlejzislature,idaho.gov/statutesrutWidstat/Title50/T50CH2O/SECT50-20181 12/7/2017 Section 50-2018 — Idaho State Legislature Page 4 of 4 (17) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity. (18) "Area of operation" shall mean the area within the corporate limits of the municipality and the area within five (5) miles of such limits, except that it shall not include any area which lies within the territorial boundaries of another incorporated city or town or within the unincorporated area of the county unless a resolution shall have been adopted by the governing body of such other city, town or county declaring a need therefor. (19) "Hoard" or "commission" shall mean a board, commission, department, division, office, body or other unit of the municipality. (20) "Public officer" shall mean any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other activities concerning dwellings in the municipality. History: (50-2018, added 1965, ch. 246, sec. 18, p. 600; am. 1970, ch. 103, sec. 1, p. 256; am. 1987, ch. 258, sec. 1, p. 525; am. 1987, ch. 259, sec. 4, p. 542; am. 1990, ch. 430, sec. 2, p. 1186; am. 2003, ch. 146, sec. 1, p. 420; am. 2006, ch. 310, sec. 1, p. 953; am, 2011, ch. 229, sec. 6, p. 625; am. 2011, ch. 317, sec. 4, p. 916.] How current is this law? Search the Idaho Statutes and Constitution https:lllegislature.idaho.gov/statutesr"les/idstat/Titte5O/T5OCH2O/SECT50-20181 12/7/2017 Section 50-2008 —Idaho State Legislature Page 1 of 3 Q Idaho Statutes Print Friendly TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 20 URBAN RENEWAL LAW 50--2008. PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT. (a) An urban renewal project for an urban renewal area shall not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area or a combination thereof and designated such area as appropriate for an urban renewal project. (b) An urban renewal agency may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to an urban renewal agency. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within sixty (60) days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission, or if no recommendations are received within said sixty (60) days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project prescribed by subsection (c) hereof. (c) The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration. (d) Following such hearing, the local governing body may approve an urban renewal project and the plan therefor if it finds that (1) a feasible method exists 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 conforms to the general plan of the municipality as a whole; (3) the urban renewal plan gives 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 children residing in the general vicinity of the site covered by the plan; and (4) the urban httt)s://legislature.idaho.gov/statutesruies/idstatITitleSO/T50CH2O/SECT50-2008/ 12/7/2017 Section 50-2008 — Idaho State Legislature Page 2 of 3 renewal plan will 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: 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 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. (e) An urban renewal plan may be modified at any time: Provided that if modified after the lease or sale by the urban renewal agency of real property in the urban renewal project arca, such modification may be conditioned upon such approval of the owner, lessee or successor in interest as the urban renewal agency may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert. (f) Upon the approval by the local governing body of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area, and the urban renewal agency may then cause such plan or modification to be carried out in accordance with its terms. (g) Notwithstanding any other provisions of this act, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the governor of the state has certified the need for disaster assistance under 42 U.S.C. httvs:Hlegislature.idaho.gov/statutesruies/idstatITitic501T50CH2O/SECT50-20081 12/7/2017 Section 50-2008 — Idaho State Legislature Page 3 of 3 section 5121, or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsection (d) of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project. (h) Any urban renewal plan containing a revenue allocation financing provision shall include the information set forth in section 50--2905, Idaho Code. History: (50-2008, added 1965, ch. 246, sec. 8, p, 600; am. 2011, ch. 317, sec. 3, p. 914.1 How current is this law? Search the Idaho Statutes and Constitution https:lllegislature.idaho.govlstatutest,uleslidstatITitte5OlT50CH2O1SECT50-20081 12!712017 Section 50-2903 — Idaho State Legislature Page 1 of 6 iIdaho Statutes Print Friendly _. TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 29 LOCAL ECONOMIC DEVELOPMENT ACT 50-2903. DEFINITIONS. The following terms used in this chapter shall have the following meanings, unless the context otherwise requires: (1) "Act" or "this act" means this revenue allocation act. (2) "Agency" or "urban renewal agency" means a public body created pursuant to section 50-2006, Idaho Code. (3) "Authorized municipality" or "municipality" means any county or incorporated city which has established an urban renewal agency, or by ordinance has identified and created a competitively disadvantaged border community. (4) Except as provided in section 50--2903A, Idaho Code, "base assessment roll" means the equalized assessment rolls, for all classes of taxable property, on January 1 of the year in which the local governing body of an authorized municipality passes an ordinance adopting or modifying an urban renewal plan containing a revenue allocation financing provision, except that the base assessment roll shall be adjusted as follows: the equalized assessment valuation of the taxable property in a revenue allocation area as shown upon the base assessment roll shall be reduced by the amount by which the equalized assessed valuation as shown on the base assessment roll exceeds the current equalized assessed valuation of any taxable property located in the revenue allocation area, and by the equalized assessed valuation of taxable property in such revenue allocation area that becomes exempt from taxation subsequent to the date of the base assessment roll. The equalized assessed valuation of the taxable property in a revenue allocation area as shown on the base assessment roll shall be increased by the equalized assessed valuation, as of the date of the base assessment roll, of taxable property in such revenue allocation area that becomes taxable after the date of the base assessment roll, provided any increase in valuation caused by the removal of the agricultural tax exemption from undeveloped agricultural land in a revenue allocation area shall be added to the base assessment roll. An urban renewal plan containing a revenue allocation financing provision adopted or modified prior to July 1, 2016, is not subject to section 50-2903A, Idaho Code. For plans adopted or modified prior to July 1, 2016, and for subsequent modifications of those urban renewal plans, the value of the base assessment roll of property within the revenue allocation area shall be determined as if the modification had not occurred. (5) "Budget" means an annual estimate of revenues and expenses for the following fiscal year of the agency. An https:lllegislature.idaho.govlstatutesruieslidstatITitle5OlT50CH291SECT50-29031 12/7/2017 Section 50-2903 — Idaho State Legislature Page 2 of 6 agency shall, by September 1 of each calendar year, adopt and publish, as described in section 50--1002, Idaho Code, a budget for the next fiscal year. An agency may amend its adopted budget using the same procedures as used for adoption of the budget. For the fiscal year that immediately predates the termination date for an urban renewal plan involving a revenue allocation area or will include the termination date, the agency shall adopt and publish a budget specifically for the projected revenues and expenses of the plan and make a determination as to whether the revenue allocation area can be terminated before the January 1 of the termination year pursuant to the terms of section 50-2909(9), Idaho Code. In the event that the agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years, by September 1 the agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the state tax commission and recommending the adoption of an ordinance for termination of the revenue allocation area by December 31 of the current year and declaring a surplus to be distributed as described in section 50-2909, Idaho Code, should a surplus be determined to exist. The agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho state tax commission as provided in section 63-215, Idaho Code. Upon notification of revenues sufficient to cover expenses as provided herein, the increment value of that revenue allocation area shall be included in the net taxable value of the appropriate taxing districts when calculating the subsequent property tax levies pursuant to section 63-803, Idaho Code. The increment value shall also be included in subsequent notification of taxable value for each taxing district pursuant to section 63-1312, Idaho Code, and subsequent certification of actual and adjusted market values for each school district pursuant to section 63-315, Idaho Code. (6) "Clerk" means the clerk of the municipality. (7) "Competitively disadvantaged border community area" means a parcel of land consisting of at least forty (40) acres which is situated within the jurisdiction of a county or an incorporated city and within twenty-five (25) miles of a state or international border, which the governing body of such county or incorporated city has determined by ordinance is disadvantaged in its ability to attract business, private investment, or commercial development, as a result of a competitive advantage in the adjacent state or nation resulting from inequities or disparities in comparative sales taxes, income taxes, property taxes, population or unique geographic features. (8) "Deteriorated area" means: (a) Any area, including a slum area, in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, httpsJllegislature.idaho.gov/statutesruleslidstatITitle5OlT5OCH291SECT50-29031 12/7/2017 Section 50-2903 — Idaho State Legislature Page 3 of 6 inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. (b) Any area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, results in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use. (c) Any 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 50-2006(d), Idaho Code, shall apply to open areas, (d) Any area which the local governing body certifies is in need of redevelopment or rehabilitation as a result of a flood, storm, earthquake, or other natural disaster or catastrophe respecting which the governor of the state has certified the need for disaster assistance under any federal law. (e) Any area which by reason of its proximity to the border of an adjacent state is competitively disadvantaged in its ability to attract private investment, business or commercial development which would promote the purposes of this chapter. (f) "Deteriorated area" does not mean not developed beyond agricultural, or any agricultural operation as defined in section 22-4502(l), Idaho Code, or any forest land as defined in section 63--1701(4), Idaho Code, unless the owner of the agricultural operation or the forest landowner of the forest land gives written consent to be included in the deteriorated area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. httos:lllegislature.idaho.gov/statutesrutes/idstat/Title50/T50CH29/SECT50-29031 12/7/2017 Section 50-2903 — Idaho State Legislature Page 4 of 6 (9) "Facilities" means land, rights in land, buildings, structures, machinery, landscaping, extension of utility services, approaches, roadways and parking, handling and storage areas, and similar auxiliary and related facilities. (10) "Increment value" means the total value calculated by summing the differences between the current equalized value of each taxable property in the revenue allocation area and that property's current base value on the base assessment roll, provided such difference is a positive value. (11) "Local governing body" means the city council or board of county commissioners of a municipality. (12) "Plan" or "urban renewal plan" means a plan, as it exists or may from time to time be amended, prepared and approved pursuant to sections 50-2008 and 50-2905, Idaho Code, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (13) "Project" or "urban renewal project" or "competitively disadvantaged border areas" may include undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include: (a) Acquisition of a deteriorated area or a deteriorating area or portion thereof; (b) Demolition and removal of buildings and improvement; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, open space, off- street parking facilities, public facilities, public recreation and entertainment facilities or buildings and other improvements necessary for carrying out, in the urban renewal area or competitively disadvantaged border community area, the urban renewal objectives of this act in accordance with the urban renewal plan or the competitively disadvantaged border community area ordinance. (d) Disposition of any property acquired in the urban renewal area or the competitively disadvantaged border community area (including sale, initial leasing or retention by the agency itself) or the municipality creating the competitively disadvantaged border community area at its fair value for uses in accordance with the urban renewal plan except for disposition of property to another public body; (e) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; (f) Acquisition of real property in the urban renewal area or the competitively disadvantaged border community area which, under the urban renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, https:lllegislature.idaho.jzovlstatutesrtaleslidstat/Title50/T50CH29/SECT50-29031 12/7/2017 Section. 50-2903 — Idaho State Legislature Page 5 U6 repair or rehabilitation of the structures for guidance purposes, and resale of the property; (g) Acquisition of any other real property in the urban renewal area or competitively disadvantaged border community area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration, or to provide land for needed public facilities or where necessary to accomplish the purposes for which a competitively disadvantaged border community area was created by ordinance; (h) Lending or investing federal funds; and (i) Construction of foundations, platforms and other like structural forms. (14) "Project costs" includes, but is not limited to: (a) Capital costs, including the actual costs of the construction of public works or improvements, facilities, buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair or reconstruction of existing buildings, structures, and permanent fixtures; the acquisition of equipment; and the clearing and grading of land; (b) Financing costs, including interest during construction and capitalized debt service or repair and replacement or other appropriate reserves; (c) Real property assembly costs, meaning any deficit incurred from the sale or lease by a municipality of real or personal property within a revenue allocation district; (d) Professional service costs, including those costs incurred for architectural, planning, engineering, and legal advice and services; (e) Direct administrative costs, including reasonable charges for the time spent by city or county employees in connection with the implementation of a project plan; (f) Relocation costs; (g) Other costs incidental to any of the foregoing costs. (15) "Revenue allocation area" means that portion of an urban renewal area or competitively disadvantaged border community area where the equalized assessed valuation (as shown by the taxable property assessment rolls) of which the local governing body has determined, on and as a part of an urban renewal plan, is likely to increase as a result of the initiation of an urban renewal project or competitively disadvantaged border community area. The base assessment roll or rolls of revenue allocation area or areas shall not exceed at any time ten percent (l0%) of the current assessed valuation of all taxable property within the municipality. (16) "State" means the state of Idaho. (17) "Tax" or "taxes" means all property tax levies upon taxable property. (18) "Taxable property" means taxable real property, personal property, operating property, or any other tangible https:Hlegislature.idaho.govlstatutesruleslidstat/Title5O/T5OCH29/SECT5O-29031 12/7/2017 Section 50-2903 — Idaho State Legislature Page 6 of 6 or intangible property included on the equalized assessment rolls. (19) "Taxing district" means a taxing district as defined in section 63-201, Idaho Code, as that section now exists or may hereafter be amended. (20) "Termination date" means a specific date no later than twenty (20) years from the effective date of an urban renewal plan or as described in section 50-2904, Idaho Code, on which date the plan shall terminate. Every urban renewal plan shall have a termination date that can be modified or extended subject to the twenty (20) year maximum limitation. Provided however, the duration of a revenue allocation financing provision may be extended as provided in section 50-2904, Idaho Code. History: (50-2903, added 1988, ch. 210, sec. 3, p. 393; am. 1990, ch. 430, sec. 4, P. 1190; am. 1994, ch, 381, sec. 2, p. 1223; am. 1996, ch, 322, sec. 54, p. 1061; am. 2000, ch. 275, sec. 1, p. 893; am. 2002, ch. 193, sec. 2, p. 396; am. 2011, ch. 317, sec. 6, p. 91B; am. 2016, ch. 349, sec. 3, p. 1017.) How current is this law? Search the Idaho Statutes and Constitution https:lllegislature.idaho.govlstatutesruleslidstatITitic50/T50CH291SECT50-29031 12/7/2017 EXHIBIT C ELIGIBILITY REPORT 4845-5232-4749, v. 1 RESOLUTION NO. 00/F-17- BY 0/F'C7- BY THE COUNCIL: BAUMEISTER, EVANS, HERNANDEZ LEWIS A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF CHUBBUCK, IDAHO, DETERMINING A CERTAIN AREA WITHIN THE CITY TO BE A DETERIORATED AREA OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS CHUBBUCK DEVELOPMENT AUTHORITY TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ("City Council") of the city of Chubbuck ("City") found that deteriorating areas exist in the City; therefore, for the purposes of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), by Resolution No. 4- 92, dated April 11, 1992, created an urban renewal agency pursuant to the Law, authorizing the urban renewal agency to transact business and exercise the powers granted by the Law and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") upon making the findings of necessity required for creating the Urban Renewal Agency of the city of Chubbuck, also known as the Chubbuck Development Authority (the "Agency"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; CITY COUNCIL RESOLUTION - 1 WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as "Bannock County") entered into the Intergovernmental Agreement With Respect to the Chubbuek Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels from the 1992 Plan revenue allocation area commonly referred to as the "Old CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mall Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 759 on August 3, 2016, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the Agency Board retained 1 Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 630 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the "Study Area") to analyze and determine whether the Study Area is eligible for urban renewal planning, and provide the Agency Board with a report and recommendation; WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 (the "Report"), which examined the Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Report was submitted to the Agency, a copy of which is attached hereto as Exhibit A; WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions CITY COUNCIL RESOLUTION - 2 were found in the Study Area, i.e., a. outmoded street patterns/inadequate street layout; b. obsolete platting and faulty lot layout in relation to size, adequacy, accessibility, or usefulness; and C. unsafe conditions; WHEREAS, the Study Area is predominantly open; 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; WHEREAS, Idaho Code Sections 50-2018(9), 50.2903(8) and 50-2008(d) list the additional conditions applicable to open areas, which are the same or similar to the conditions set forth above; WHEREAS, such additional conditions regarding open areas are present and are found in the Study Area; WHEREAS, the effects of the listed conditions cited in the 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, on November 20, 2018, adopted Resolution No, 2018-03 (a copy of which is attached hereto as Exhibit B, without attachments thereto) accepting the Report and authorizing the Chair or Vice -Chair of the Agency to transmit the 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 Study Area, which plan may include a revenue allocation provision as allowed by law, as well as guidance on the boundary of the proposed project area, which may be geographically smaller than the area reviewed in the Report; WHEREAS, the Report includes a preliminary analysis concluding the base assessment roll value for the Study Area, together with the adjusted base assessment roll values for the existing revenue allocation areas, collectively do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, under the Law, Sections 50-2903(8)(0 and 50-2018 (8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(l), Idaho Code, or any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the owner of the agricultural operation or the forest landowner of the forest land, except for an agricultural operation or forest land that has not been used for three (3) consecutive years; CITY COUNCIL RESOLUTION - 3 WHEREAS, the Study Area includes parcels subject to such consent. While the necessary consents have not been obtained, any consents shall be obtained prior to submittal of any urban renewal plan for the Study Area to the City Council; 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 a 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 a deteriorating area; and WHEREAS, it is desirable and in the best public interest that the Agency prepare an urban renewal plan for all, or a portion, of the geographic area identified in the Report located in the city of Chubbuck, county of Bannock, state of Idaho. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHUBBUCK, AS FOLLOWS: Section 1: That the Mayor and City Council finds and declares: (a) That the Study Area described in the Report is a deteriorated area or a deteriorating area, as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, within the city of Chubbuck, Idaho; (b) That there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan; and (c) That the geographic area identified in the Report is determined to be a deteriorated area or a deteriorating area, as defined in Chapters 20 and 29, Title 50, Idaho Code, as amended, or a combination thereof, and such area is designated as appropriate for an urban renewal project. Section 2: That the Agency is hereby directed to continence preparation of an urban renewal plan for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Chapters 20 and 29, Title 50, Idaho Code, as amended. Section 3: That the Agency will obtain any agricultural operation consents from the real property owners, as may be necessary, prior to formally submitting the proposed urban renewal plan to the City Council for its consideration. Section 4: That this Resolution shall be in full force and effect immediately upon its adoption and approval. CITY COUNCIL RESOLUTION - 4 ADOPTED by the Council of the city of Chubbuck, Idaho, on December �, 2018, APPROVED by the Mayor and City Council of Chubbuck Idaho, on December 201& Kevin EnCan ATTEST: ARichMorgan, C'ty lerk 9812-2001-5001, v. 1 CITY COUNCIL RESOLUTION - 5 Eligibility Study for Siphon Interchange West Urban Renewal Area for Chubbuck Development Authority October, 2018 rV►r�► Hoster and Associates 425 Capital Avenue Idaho Falls Idaho 93402 Executive Summary This report examines approximately 650 acres northeast and east of the City of Chubbuck (the "City") to determine if the conditions exist which qualify all or part of the area as appropriate for an urban renewal project. The area studied lies west of 1-15, south of Tyhee Road, east of Whitaker extended north, and north of Chubbuck Road. The proposed Siphon-Northgate interchange scheduled for construction on 1-15 in 2019 is centrally located in the proposed urban renewal area. A small portion, slightly over ten acres, of the area under review is annexed to the City, and the remainder of the area under review is located in unincorporated Bannock County (the "County"). Landowners of the parcels in unincorporated County have petitioned for annexation. The parcels within the study area (the "Study Area") are predominantly open lands and in agricultural use, either as irrigated agriculture, non- irrigated agriculture, or dry land grazing. It is anticipated the landowners of agricultural parcels will or have given consent for their parcels to be included in an urban renewal area. The Study Area is found to be a deteriorated area and/or a deteriorated area, and therefore, is eligible for an urban renewal project under the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") for the following reasons: 1. Obsolete platting (open land criteria) and faulty lot layout due to size and usefulness. With the anticipated demand for business and mixed use growth in the area surrounding the new interchange with 1-15, the existing land use pattern of ownerships of large agricultural acreages or large residential lots will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand for businesses, technology, and mixed uses, will result in the economic underdevelopment of the area. 2. Outmoded street patterns/inadequate street layout. The majority of existing streets in the Study Area have two travel lanes with uneven shoulder widths and no pedestrian facilities. These streets do not meet current street standards or offer safety to pedestrians. More importantly, as illustrated by the 2018 functional class road system map in the Chubbuck Comprehensive Plan, as amended (the "Comprehensive Plan"), the existing road pattern does not serve major portions of the Study Area, especially those lands near and adjacent to 1-15 east of the Fort Hall Main Canal. 3. Unsafe conditions. A central public water system and a sewer collection system does not serve most of the Study Area. The lack of fire hydrants in the Study Area reduces fire protection. DEQ has identified a portion of the Study Area as an area where water quality may be degraded due to nitrates. This situation increases the importance of central water and sewer systems. Three floodplains lie west of 1- 15 in the Study Area. Although this Study has found the lands included in the Study Area to be eligible for an urban renewal project, a finding of eligibility does not commit either the Urban Renewal Agency of the City of Chubbuck also known as the Chubbuck Development Authority (the "Agency") or the City Council of the City of Chubbuck (the "City Council") to include any or all portions of the Study Area within an urban renewal project area. y Background "Interchange project expected to trigger economic boom for Pocatello area," was the headline on August 16, 2018, in an Idaho State Journal article about the proposed Siphon-Northgate interchange to be constructed on I-15 in 2019. Earlier headlines from the same publication described a "massive wave of development" to be triggered by the new I-15 interchange and associated private development. Growth as described in the articles, including a technology park, shopping centers, new neighborhoods, and parks, demands major investments in public infrastructure. Tax increment, or revenue allocation financing is one of the few tools available to local governments in Idaho to assist with financing such infrastructure in cooperation with private developers, to respond to the demands created by growth, and to create jobs. The Idaho Legislature authorized tax increment financing in Idaho in 1988 with the passage of the Act. The purpose of the Act is to provide a means to raise revenue to finance the economic growth of communities and development of deteriorating areas and/or deteriorated areas through financing public improvements. Since its passage in 1988, tax increment financing has grown from a tool to not only redevelop deteriorating and/or deteriorated downtowns and increase the tax base of a community but also as an economic development tool to create jobs by providing public improvements to areas in Idaho communities without the necessary infrastructure to promote private development. Description of Eligibility Study Area This Study examines a Study Area approximately 650 acres in size west of 1-15 in the vicinity of Siphon and Tyhee Roads as described above. The purpose of this Study is to determine if conditions exist which qualify all or a portion of the Study Area for designation as appropriate for an urban renewal project. The Study Area consists of thirty parcels owned by eighteen property owners according to Bannock County online parcel maps. A new interchange to I-15, the Siphon-Northgate Interchange, is planned three quarters of a mile north of Chubbuck Road. In the Study Area, the principal arterial streets of Siphon Road, Tyhee Road, and Hiline Road provide a spine for a fixture road system to serve approximately 650 acres. This Study Area is predominantly irrigated agricultural land or dry grazing land. Clusters of single-family homes on Tree Valley Road and Buffalo Road are located in or surrounded by the Study Area. N East of Whitaker Road, the City is improving and extending Siphon Road to provide access to the Siphon-Northgate Interchange with 1-15. The interchange itself has not been started and will not be completed until August, 2019, at the earliest. The improvements on Siphon Road from the intersection with Whitaker Road to the interchange will include widening the road to four travel lanes, drainage facilities, and sidewalk/pedestrian facilities. Improvements will be constructed on Hiline Road at the intersection with Siphon Road. Hiline and Siphon Roads outside of the interchange connection improvements are two lane roads with barrow pits and no pedestrian facilities. Tyhee Road at the north end of the study area is also a two lane road with barrow pits and no pedestrian facilities. The City water system serves a portion of the Study Area. Water mains are located in Siphon Road and Hiline Road south of Siphon Road. Therefore, the majority of the Study Area is not served by a public water distribution system. The City's sanitary sewer lines are located in Siphon Road and a portion of Hiline Road north and south of Siphon Road. Most of the 650 acres in Study Area are not served by a public sewer system. Community Plans for Study Area In 2015, the regional transportation planning organization for the County, City of Pocatello, and the City completed the BTPO 2040 Metropolitan Transportation Plan, Amendment 1. A preferred scenario is included in the plan. According to the document, the scenario is based on public feedback, the performance of various scenarios outlined in the document, and local vision and goals for the transportation network. In the preferred scenario, business employment growth spurred by the Siphon-Northgate Interchange is expected to extend into north Chubbuck along Siphon Road and Hiline Road towards Tyhee Road. Below: Portion of Conceptual Scenario Map, Preferred Scenario, page 20. BTPO 2040 Metropolitan Transportation Plan. Business employment growth in vicinity of planned .Siphon interchange, to extend into Borth Chubbuck along Siphon Road Mixed use and residential development is a longer -range vision that may not occur within the 20 -year planning horizon F red useentrfield W Rahast residential and employment growth 4 In the Chubbuck Comprehensive Plan, Our Valley, Our Vision, as recently updated, the land use designation on Siphon Road east of Hiline Road is commercial. The mixed use designation is on Siphon from Hiline Road to Whitaker Road and lines Hiline Road. The employment designation is north of Siphon Road to Tyhee Road along the Union Pacific railroad and adjacent to 1-15 north of Chubbuck Road. Medium density is shown in the northeast corner of the Study Area. The Chubbuck Comprehensive Plan, under community design, has an objective of a strong arrival feature at the entrance way at the Siphon- Northgate Interchange. Landscaping is discussed as a component of this arrival feature. A functional class road system map is included in the Chubbuck Comprehensive Plan. In June of 2018, the map was updated and includes not only the future interchange of Siphon Road extended and I-15 but the plan to realign the Tyhee Road-Hiline intersection and create a Tyhee Road north -south corridor on the bench between Hiline Road and I-15. In addition to improvements to Tyhee Road, the road system map proposes the extension of Whitaker to Tyhee Road and the creation of a north -south collector to the east of Hiline Road. Portion of 2418 Functional Class Road System map. Black: Principal arterial Blue Minor arterial Pink: Collector The existing comprehensive plans above are being implemented with the annexation requests filed in August, 2018, for the parcels in the Study Area. The zoning district, General Commercial zone (G2), is being proposed north and south of Siphon Road east of Hiline Road to the I-15 interchange. The purpose of the General Commercial zone is provide for a variety of businesses for both community and regional markets. Although the areas north and south of this proposed commercial district are being proposed for agricultural zoning in the annexation request for approximately 650 acres, the staff report prepared by the Chubbuck planning department states the owners of the properties wish to develop their lands under the proposed mixed use zone, the Creative Community Zone. The Agriculture Zone is a place holder until development plans can be prepared. m Statutory Criteria for Deteriorating Areas and Open Land Generally, eligibility criteria are set forth in the definitions of "deteriorated area" found in Idaho Code Sections 502018(9) and 50-2903(8), and "deteriorating area" found in Idaho Code Section 50-2018(9). A deteriorated area means: an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of: I. dilapidation, 2. deterioration, 3. age or obsolescence, 4. inadequate provision for ventilation, light, air, sanitation, or open spaces, 5. high density of population and overcrowding, 6. or the existence of conditions which endanger life or property by fire and other causes, 7. or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. Idaho Code Section 50-2018(8). See also, Idaho Code Section 50-2903(8)(a). In general, these conditions were not identified or observed in the Study Area. A deteriorating area means: an area which by reason of: 1. the presence of a substantial number of deteriorated or deteriorating structures, 2. predominance of defective or inadequate street layout, 3. faulty lot layout in relation to size, adequacy, accessibility or usefulness, 4. insanitary or unsafe conditions, 5. deterioration of site or other improvements, 6. diversity of ownership, 7. tax or special assessment delinquency exceeding the fair value of the land, 8. defective or unusual conditions of title, 9. or the existence of conditions which endanger life or property by fire and other causes, 10. or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; provided, that if such deteriorating area consists of open land the conditions contained in the proviso in section 50- 2008(d), Idaho Code, shall apply. Idaho Code Section 50-2018(9). See also, Idaho Code Section 50-2903(8)(b). 7 While there is no definition of "open land" in the Law or the Act, there are specific eligibility criteria for "open land" set forth in Idaho Code Section 50-2903(8)(c). The Study Area appears to be predominantly open land. A "deteriorated area" means, in part: 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. The provisions of Section 50- 2008(d), Idaho Code, shall apply to open areas. Idaho Code Section 50-2008(d) does not specifically address eligibility; rather, it sets forth the necessary findings for an Agency to acquire open land for residential use or nonresidential uses. If the Agency is to acquire open land for residential purposes, the City Council must determine that: 1. a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; 2. the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; 3. 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; 4. and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality. If the Agency is to acquire open land for nonresidential purposes, the City Council shall determine 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. It can be argued the criteria for acquisition of nonresidential uses by an agency are the same or similar to the general criteria for eligibility. Therefore, if deteriorating conditions exist, the Agency would necessary meet the acquisition standard. Under the Law and the Act, an agricultural operation or forest land cannot be deemed a deteriorating area or a deteriorated area or included within an urban renewal area unless the owner of the agricultural operation or forest landowner gives his/her written consent to be included in the urban renewal district: "Deteriorated area" does not mean not developed beyond agricultural, or any agricultural operation as defined in Section 22- 4502(1), Idaho Code, or any forest land as defined in Section 63- 1701(4), Idaho Code, unless the owner of the agricultural operation or the forest landowner of the forest land gives written consent to be included in the deteriorated area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. (Emphasis added.) Idaho Code Section 50-2903(8)(f); see also, Idaho Code Sections 50-2018(8) and (9). Findings Windshield and walking surveys as well as meetings with City staff and a review of applicable resources and references reveal the existence of the following criteria for eligibility in the Study Area. Obsolete platting/faulty lot layout: Obsolete platting is an eligibility criteria for open land. Obsolete platting may include either older subdivision plats which contain lots too small for today's market or the opposite, i.e., lots too large to accommodate growth without further subdivision. In the open land scenario, the latter condition is more likely to be found. In the Study Area, land ownerships vary from single-family homes on approximately one-half acre lots to agricultural lands about 250 acres in size. Homes on large lots or small agricultural parcels occupy about 43 acres of the Study Area. Farms or lands used for agriculture occupy approximately 580 acres. Community future land use plans as well as regional plans for the City articulate significant growth from the Siphon-Northgate interchange north to Tybee Road. The present land ownership pattern, i.e., large agricultural parcels, requires further subdivision and, therefore, impairs the sound growth of the City towards 1-15. The parcel size results in economic underdevelopment of the area. Inadequate street system/outmoded streets. Siphon, Hiline, and Tyhee Roads are principal arterial streets serving the Study Area. They are presently, with the exception of the construction of Siphon Road from Whitaker Road to the proposed I-15 interchange, two lane roads with approximately twelve foot travel lanes and shoulders varying in width from one to six feet. Drainage facilities are limited to barrow pits, and there are no pedestrian facilities. The roads do not meet present City road standards or comply with plans for an improved road system to serve the area. The present roads are not suitable to serve the projected business development and mixed land use planned on the west side of the Siphon-Northgate interchange. The existing system of roads retards the development of the area. Other than the arterial streets, there are few existing streets west of I-15 in the Study Area to serve the area and provide access within the Study Area or to other parts of the community. Buffalo Road is a long dead-end street. Tree Valley is an unimproved gravel dead-end street. There is no consistent collector or interior street system west of I-15. The present street pattern does not promote the movement of traffic from undeveloped parcels to the community. Chubbuck Road has been the primary east/west road in Chubbuck. As early as 2010, the lack of connectivity was seen as an issue as well as congestion due to the lack of northlsouth accesses, according to BTPO. The construction of the interchange will improve Siphon Road to a limited 10 extent and provide another east -west street. However, it will also introduce more traffic into the Study Area. To provide access along the bench east of Hiline Road and to bridge the Fort Hall Main Canal, the City is proposing to extend Tyhee southeast paralleling I-15. This planned improvement will improve east/west access as well as north/south access. An urban renewal area in this portion of the community will provide a means to create access to lands closest to I-15 and eliminate a substandard arterial street. It will address the issue of connecting growth near I- 15 and on the bench with other portions of the Study Area and the City. Unsafe Conditions. The majority of the Study Area is not served by a water distribution system or a sewer collection system. The area east of the Union Pacific Railroad and north of Siphon Road as well as the area north of Tree Valley and west of I-15 is not served by a water distribution system. Fire protection is an issue since this area is not served by fire hydrants. Those portions on the bench and adjacent to the proposed interchange will face pressures for development as the demand for commercial uses increase. Significant investments are needed to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. In the illustrations below, the area shown in pink and lying west of I-15 is included in the Study Area and has no public water or sewer system with the exception of a sewer trunk line lying in a portion of Hiline Road. Water system, Chubbuck. i Sewer system, Chubbuck. A portion of the Study Area lying west of I-15 has been identified as an Idaho DEQ 2014 Nitrate Priority Area. Such an area is a general area where nitrate levels are likely to be elevated, and ground water quality may be degraded. In such an area, the development of a central water distribution system is an important public priority to assure the safety of residents. The sewer collection system, with the exception of an approximately 4,000 feet of trunk line in Hiline Road north of Siphon Road, sloes not serve the Study Area. There is no collection system beyond this one sewer line. Considering the issues with nitrates in the Study Area, service by a public sewer collection system to growth in the area is a priority. Photographs of Tyhee Road and Hiline, construction on Siphon Road, and Hiline Road, August, 2018. Three floodplains exist in the Study Area west of I-15. Little Pocatello Creek has a floodplain located north of Chubbuck Road from I-15 to Hiline Road. The floodplain flows near the southern portion of Tree Valley Road. Buffalo Creek has a 1% floodplain lying between Hiline Road and 1-15 from Buffalo Road east. A third I% floodplain, or Zone AE, lies east of Hiline to I-15 south of West Walton Road. Floodplain, Little Pocatello Creek, City of Chubbuck Website. 12 Idaho Department of Water Resources, Flood Hazard Maps, Zone AE illustrated. As a reflection of the floodplain of the Little Pocatello Creek, there are storm drainage issues west of 1-15 and north of Chubbuck Road. The location of floodplains will require mitigation in development plans and possibly additional public infrastructure, depending on solutions to address potential flooding. To summarize, at least one open land criteria for eligibility has been found in the Study Area: obsolete platting. The existing land ownership pattern of large acreages in single ownership substantially arrests the growth of the City to the northeast and east. The existing land use patterns results in economic underdevelopment of the area will continue to do so in the long term. The additional criteria found in the Study Area and enumerated in the Law for non-residential acquisition of open land, Idaho Code Section 50-2008(d), are: 1. Outmoded street patterns. See discussion of inadequate street system above. 2. Unsuitable topography. See discussion of floodplain areas above. 3. Faulty lot layouts. See obsolete platting discussion above. 4. Need for correlation of area with other areas by streets. See discussion under inadequate street system above. The present state of the proposed urban renewal area as revealed in the findings above fulfill the following criteria under "deteriorating," Idaho Code Section 50-2018(9): 1. Faulty lot layout in relation to ....usefulness. 13 2. Predominance of defective or inadequate street layout, 3. Insanitary or unsafe conditions, or 4. Any such combination of factors which arrest the sound growth of the municipality. Agricultural Operations in Study Area The owners of the agricultural operations in the Study Area will need to give their written consent to be included within any revenue allocation area: ...Provided, however, this definition (deteriorated area or deteriorated area) shall not apply to any agricultural operation, as defined in section 22- 4502(2), Idaho Code, absent the consent of the owner of the agricultural operation.... except for an agricultural operation ... that has not been used for three (3) consecutive years. Idaho Code Section 50-2018(8) and (9); Idaho Code Section 50-2903(8)(f). There are three landowners who have agricultural exemptions on their lands. These exemptions cover over 425 acres or approximately 68% of the Study Area. The amount of value assigned for agricultural exemptions will be included in the base value of any revenue allocation area when the land use changes on these exempted agricultural lands: The equalized assessed valuation of the taxable property in a revenue allocation area as shown on the base assessment roll shall be increased by the equalized assessed valuation, as of the date of the base assessment roll, of taxable property in such revenue allocation area that becomes taxable after the date of the base assessment roll, provided any increase in valuation caused by the removal of the agricultural exemption from undeveloped agricultural land in a revenue allocation area shall be added to the base assessment roll. Idaho Code Section 50-2903(4). There may be parcels within the Study Area which are agricultural parcels which do not have exemptions, e.g., if there are parcels which are used for grazing or have been farmed recently, written permission will be needed to include such parcels within the district. Ten Percent Limitation on Assessed Valuation within Revenue Allocation Area Under Idaho Code Section 50-2903(15), the collective base assessment rolls of all revenue allocation areas in the City are not to exceed ten percent of the current assessed valuation of all taxable property within the City. 14 "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 an 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. Idaho Code Section 50-2903(15). The City's current assessed valuation of taxable property within the City is $779,359,220. Ten percent of that valuation is $77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values of these revenue allocation areas according to Bannock County are: Central Chubbuck $ 13,382,652 Pine Ridge Mall $ 36,163,800 The 2018 estimated base for the Study Area is $3,089,605. According to the County, there is no significant personal property value in the Study Area. The adjusted base values for the Central Chubbuck Project Area and the Pine Ridge Mall Project Area include personal property. The total valuation for the two existing revenue allocation areas and this proposed area, not considering conversion to non-agricultural uses, is $52,636,057 or slightly less than 7% of the total valuation. 15 Conclusion The Study Area meets the criteria for eligibility under Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(d). In addition, due to faulty lot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, and unsuitable topography in a portion of the Study Area, the Study Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). Criteria Criteria Characteristics supporting finding Met? Obsolete platting, Yes Further subdivision with local street and collector street Section 50-2903(8)(c) patterns are required to allow orderly growth spurred by interchange and private development proposals. Substantially arrests Yes Large agricultural parcels impair sound growth of sound growth of Chubbuck. Without further subdivision, demand for municipality, Section growth will need to leapfrog proposed urban renewal 50-2903(8)(c) area. Faulty lot layouts, Yes Large land ownerships are not useful or adequate to Section 50-2008(d), accommodate commercial growth and mixed uses which Section 50-2018(9) need smaller lots for business and higher density housing. Inadequate street Yes The Study Area has arterial streets which do not meet layout, Section 50- modern street standards or provide pedestrian or biking 2018(9) facilities. The pattern of existing streets does not serve the bench area or provide a collector or local street system in the Study Area. Outmoded street Yes See above. The outmoded street patterns, obsolete patterns, Section 50- platting, and lack of central water and sewer systems 2008(d) retard the development of the area. Need for correlation Yes The existing arterial street system does not meet today's of the area with other standards. There is no coordinated street system east of areas of municipality Hiline nor a collector street system north of Siphon Road by streets or modern and east of Yellowstone Highway. traffic requirements, Section 50-2008(d) 16 Unsafe conditions, Yes A public water distribution system or a public sewer Section 50-2018(9) collection system does not serve most of the proposed urban renewal area. Fire hydrants are lacking in most the Study Area. There are no pedestrian facilities in much of the Study Area. Three floodplains exist in the Study Area. Substantially impairs Yes An inadequate street system, faulty lot layout, and the sound growth, lack of a centralized water and sewer system inhibits the Section 50-2018 (9) sound and orderly growth of the City in this area of anticipated demand for growth. 17 Next Steps: The Urban Renewal Process If an urban renewal agency is in existence in a community, the creation of revenue allocation area, begins with an eligibility study. The purpose of the eligibility study is to determine if a specific geographic area meets the criteria for a deteriorating area and/or a deteriorated area as defined in the Law and the Act to be included in an urban renewal project. If it is determined the Study Area has such characteristics, the Agency may accept the eligibility study and request its consideration by the City Council. No urban renewal district can be formed unless the City Council adopts a resolution finding the area under consideration is a deteriorated area and/or a deteriorating area. If the area under consideration includes land which does not lie within the jurisdictional boundaries of the City, the Board of County Commissioners must adopt a resolution declaring a need for an urban renewal project prior to City Council consideration. If any land within the proposed district has been used for an "agricultural operation" within the past three years, the property owner must consent to inclusion of his/her land within the district. If the City Council makes the necessary findings by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion or all of lands considered eligible. The urban renewal plan is to include the following with specificity: (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 the 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. Once the plan is prepared and approved by the Agency, it is forwarded to the City Council. The City Council forwards the plan to the City planning commission for its determination that the plan conforms to the city's comprehensive plan. The City Council also schedules the public hearing, and notice of the hearing is published, and a copy of the notice and plan is sent to all taxing entities at least thirty days prior to the date set for the public hearing. If lands outside the City are included within the proposed district, an intergovernmental agreement is drafted and is approved by the county and city, together with a transfer of powers ordinance. The City Council must approve an urban renewal district, including the revenue allocation area, by an ordinance. If the ordinance is adopted by the City Council, the ordinance summary is published, the ordinance is recorded, and a copy of the ordinance with legal description of the district and a map as well as a copy of any intergovernmental agreement is distributed to all the taxing entities and the State Tax Commission. By state statute, an ordinance approving a district and revenue allocation area is effective January 1 of the year in which the revenue allocation area is established: this retroactive effect recognizes projects necessary to generate tax increment may have begun prior to the approval of the plan to meet private deadlines and encourage economic development. The district has a maximum life of twenty years under Idaho statutes. 19 SOURCES AND REFERENCES 1. Interviews with Rodney Burch, PLS, Public Works Director, and Devin Hillam, MPA, Planning and Development Director, City of Chubbuck. August 28, 2018. 2. Interview with Anita Hymas, Chief Deputy, Bannock County Assessor. August 28, 2018. 3. 2018 Chubbuck Urban Renewal Evaluation, Bannock County Assessor's Office, August 29, 2018. 4. Staff Report, Chubbuck Land Use and Development Commission, Request to amend Land Use Designations of Chubbuck's Comprehensive Plan to add approximately 950 acres of land to Commercial and Mixed Use, August 23, 2018. Planning and Development Department, Chubbuck. August 23, 2018. 5. Staff Report. Chubbuck Land Use and Development Commission, A request for Category Annexation of approximately 660 acres with Agricultural and Commercial General zoning designations. Planning and Development Department, Chubbuck, August 29, 2018. 6. Staff Report. Chubbuck Land Use and Development Commission. A request to amend the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to change the designation of approximately 150 acres of land to Commercial. Planning and Development Department, Chubbuck. August 23, 2018. 7. Chubbuck Land Use and Development Commission Agenda, September 18, 2018. Annexation request for 680 acres west of I-15 and 832 acres east of 1-15. September 18, 2018. 8. Chubbuck Comprehensive Plan, Our Valley, Our Vision, January, 2002, with updates through June, 2018. 9. BTPO 2040 Metropolitan Transportation Plan, Final Report (January 1, 2015) and Amendment 1 (May 1, 2015). 10. Final Report: I-15 Environmental Study Concept Report, June 2007. Prepared for Idaho Transporation Department by CH2MHill. 11. Bannock County Online Parcel Viewer. https:/ibannock.maps.arcgis.com/apps/ webappviewerlindex.html?id=dfe86cb077844d8f8b68ba01 ac6f7087. Contains 2017 valuations. 12. Chubbuck GIS System maps provided by Ryan Howerton, GIS Specialist, Chubbuck. Maps of water system, sewer system, fire hydrants, land use classifications, floodplains, road classifications, proposed URA. September and October, 2018. 13. Email, Richard Morgan, City of Chubbuck, City valuation, August 28, 2018. 20 14. Idaho State Tax Commission, List of Categories, Property Tax Rules 130, 510, 511, and 512. 15. 2014 NPA Delineation and Ranking Process. Idaho Department of Environmental Quality. July, 2014. littps://www.deq.idaho.gov/media/ ... /nitrate -priority -ay rea-delineation-ranking-2014.pdf 16. "Northgate project delayed until at least summer 2019," Idaho State Journal, August 5, 2018. 17. "Interchange project expected to trigger economic boom for Pocatello area," Idaho State Journal, August 16, 2017. 18. "Northgate project expected to trigger massive wave of development," Idaho State Journal, 19. "City of Pocatello Annexes 300 Acres for Northgate Project," www.kpvi/news/local. December 11, 2017. 20. Minutes, City of Pocatello City Council, February 15, 2018. 21. "Northgate partners say project is no Hoku," Idaho State Journal, August 11, 2018. 22. Telephone conversation, Melanie Gygli, Director, City of Pocatello Planning and Development Services, September 21, 2018. 23. Memorandum, Siphon Road Extension, Phase 2 - Hiline/Siphon Intersection: Traffic Demand Forecast and Capacity Analysis, From Cameron Waite to Rodney Burch. August 16, 2017. 24. Taxing District Details, Ordinance No. 3001, February 15, 2018, City of Pocatello, Idaho State Tax Commission, https://tax.idaho.gov/i- 1 070.cfm?eat=2019&fi s=ID005&Ord—ord%2E%5F3004 25. Idaho State Tax Commission, Urban Renewal Registry, Chubbuck 45 and Pine Ridge Mall. https://tax.idaho.gov/i-2007.cfm 26. Stanley Consultants, I-15 Northgate Interchange, Project No. A020(314), Key No. 20314, Northgate Parkway. 27, Idaho Department of Water Resources, Floodplain Management, https://idwr. idaho.gov/floods/map.html 28. 4845-4271-4235, v. 1 21 RESOLUTION NO. Zn f � Y 08 BY THE COUNCIL: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF CHUBBUCK, IDAHO, DETERMINING A CERTAIN ADDITIONAL AREA WITHIN THE CITY TO BE A DETERIORATED AREA OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-201.$(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF. CHUBBUCIC, IDAHO, ALSO KNOWN AS CHUBBUCIC DEVELOPMENT AUTHORITY TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ("City Council") of the city of Chubbuck ("City") found that deteriorating areas exist in the City; therefore, for the purposes of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), by Resolution No. 4- 92, dated April 11, 1992, created an urban renewal agency pursuant to the Law, authorizing the urban renewal agency to transact business and exercise the powers granted by the Law and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") upon making the findings of necessity required for creating the Urban Renewal Agency of the city of Chubbuck, also known as the Chubbuck Development Authority (the "Agency"); WHEREAS, the City Council, after notice duly published, conducted a public bearing on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. It -92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; CITY COUNCIL RESOLUTION - 1 WHEREAS, on or about November 23, 1998, the Agency, City, and the Barnnock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as "Bannock County") entered into the Intergoveriunental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deatnnexation from the 1992 Plan revenue allocation area by specifically listing the pared nurrnbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation), The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary neap and legal description of record with the State Tax Connrnission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urbain Renewal Plan Chubb-Lick Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels f7 orn the 1992 Plan revenue allocation area commonly referred to as the "Old CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and malting certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improverneat Plan (the "Pine Ridge Mall Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 759 on August 3; 2016, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the Agency Board retained J Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 650 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the "Study Area") to analyze and determine whether the Study Area is eligible for urban renewal planning, and provide the Agency Board with a report and recornrnerndation; WHEREAT;, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal .Area, dated October 2018 (the "2018 Study"), which examined the Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency Board on November 20, 2018, by way of Resolution No. 201803, accepted the 2018 Study and authorized the Agency Chair to submit the Resolution and 2018 Study to the City Council for its consideration; CITY COUNCIL RESOLUTION - 2 WHEREAS, the City Council on or about December 5, 2018, adopted and approved Resolution No. 2018-12 finding the Study Area described in the 2018 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan. A copy of the 2018 Study is attached hereto as Exhibit A; WHEREAS, after adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently artnexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning proposes; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional. area; WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019 (the "2019 Study"), which examined two additional open land parcels totaling approximately 75 acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road and west of Literstate 15 (the "Supplemental Study Area"), for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2019 Study was submitted to the Agency, a copy of which is attached hereto as Exhibit B; WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions were found in the Supplemental Study Area, i.e., a, outmoded street patterns/niadequato street layout; b. obsolete platting and faulty lot layout in relation to size, adequacy, accessibility, or usefulness; and e, unsafe conditions; WHEREAS, the Supplemental Study Area is predominantly open; 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, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open areas, including open land areas to be acquired by the Agency, which are the same or similar to the conditions set forth above; CITY COUNCIL RESOLUTION - 3 WHEREAS, such additional conditions regarding open areas are present and are found in the Supplemental Study Area; WHEREAS, the effects of the listed conditions cited in the 2019 Study result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an econonuc or social liability, and is amenace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the Agency, on August 20, 2019, adopted Resolution No. 2019-._0S (a copy of which is attached hereto as Exhibit C, without attachments thereto) accepting the 2019 Study and authorizing the Chair or Vice -Chair of the Agency to transmit the 2019 Study to the City Council requesting its consideration for designation of an urban renewal area and requesting file City Council to direct the Agency to prepare an urban renewal plan for the Supplemental Study Area, which plan may include a revenue allocation provision as allowed by law, as well as guidance on the boundary of the proposed project area, which may be geographically srrialler than the area reviewed in the 2019 Study; WHEREAS, the 2019 Study includes apreliminary analysis concluding the base assessment roll value for the Supplemental Study Area, together with the adjusted base assessment roll values for the existing and proposed revenue allocation areas, collectively do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, under the Law, Sections 50-2903(8)(1} and 50-2018 (8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 224502(]), Idaho Code, or any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the owner of the agricultural operation or the forest landowner of the forest land, except for an agricultural operation or forest land that has not: been used for three (3) consecutive years; WHEREAS, the Supplemental Study Area includes parcels subject to such consent. While the necessary consents have not been obtained, any consents shall be obtained prior to submittal of any urban renewal plan for the Supplemental Study Area to the City Council; 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 a 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 a deteriorating area; and WHEREAS, it is desirable and in the best public interest that the Agency prepare an urban renewal plan for all, or a portion, of the geographic area identified in the 2019 Study located in the city of Chubbuck, county of Bannock, state of Idaho. CITY COUNCIL RESOLUTION - 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHUBBUCK, AS FOLLOWS: Section l: That the Mayor and City Council finds and declares: (a) That the Supplemental Study Area described in the 20I9 Study is a deteriorated area, a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, within the city of Chubbuck, Idaho; (b) That there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan; and (c) That the geographic area identified in the 2019 Study is determined to be a deteriorated area or a deteriorating area, as defined in Chapters 20 and 29, Title 50, Idaho Code, as amended, or a combination thereof, and such area is designated as appropriate for an urban renewal project. Section 2: That the Agency is hereby directed to commence preparation of an urban renewal plan for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Chapters 20 and 29, Tilde 50, Idaho Code, as amended. Section 3: That the Agency wil[ obtain any agricultural operation consents from the real property owners, as may be necessary, prior to formally submittiug the proposed urban renewal plan to the City Council for its consideration. Section 4: That this Resolution shat] be in Rill force and effect immediately upon its adoption and approval. ADOPTED by the Council of the city of Chubbuck, Idaho, on October X2019. APPROVED by the Mayor and City Council of Chubbuck Idaho, on October jL,-2019. Kevin England,ayor ATTEST: ey v ,City Clerk - 4838 -4713-6676, v. 2 CITY COUNCIL RESOLUTION - 5 Eligibility Shady for Siphon Interchange Nest Urban Renewal Area 2019 Supplement for Chubbuck Development Authority August, 2019 Executive Staninary This 2019 Supplement to the Eligibility Study for Siphon Interchange West Urban Renewal Area, crated October, 2018, prepared by Foster and Associates (the "2018 Study") examines an additional 75 acres of open land adjacent and contiguous to the area reviewed in the 2018 Study (the "201.8 Study Area") that was detenriined to be eligible for an urban renewal project pursuant to City Council Resolution 2018-12, dated December 5, 2018. The area reviewed in this 2019 Supplement was annexed into the City after the City Council rade its findings contenting the 2018 Study Area. This 2019 Supplement was prepared by staff of the City of Chubbuok (the "City") and the Urban Renewal Agency of the City of Chubbuck, also known as the Chubbuck Development Authority (the "Agency"). City and Agency staff note the conditions supporting eligibility of the 2018 Study Area remain unchanged since the City Council adopted its findings in Resolution 2018-12, on December 5, 2018, and the same conditions exist in the supplemental 75 acres reviewed herein (the "Supplemental Area"). The Supplemental Area is found to have certain conditions set forth in the definitions of a detcriorated area and/or a deteriorating area, and therefore, is eligible for an urban renewal project in accordance with Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Focal Economic Development Act, Chapter 29, Title 50, Idaho Code, asamended (the "Act") for the identical reasons as stated in the 2018 Study which generally are: 1) Obsolcte platting/faulty lot layout. With the anticipated demand for business and mixed use growth in the area surrounding the new interchange with I-15, the existing land use pattern of ownerships of large agricultural acreages will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand for businesses, technology, and mixed Uses, will result in the economic underdevelopment of the Supplemental Area, 2) Inadequate street systern/outrnoded streets. The existing roadways in the Supplemental Area are inconsistent with City standards and the existing road pattern does not serve the Supplemental Area, The Supplemental Area lacks interior collector and local roads. 3) Unsafe Conditions. The water and sewer system do not serve the interior of the Supplemental Area, The Supplemental Area also lacks fire hydrants impacting fire protection. Water duality in the Supplemental Area also remains a concern, Although this 2019 Supplement has fowid the lands included in the Supplemental Area to he eligible for an urban renewal project, a finding of eligibility does not commit either the Agency or the City Council of the City of Chubbuck (the "City Council") to include any or allportions of the Study Area within an urban renewal project area. Background The 2018 Study encompassed approxumtely 650 acres generally located west of 1-15, south of Tyhee Road, east of Whitaker extended north, and north of Chubbuck Road. The 2018 Study was accepted by resolution of the Chubbuck Development Authority on November 20, 2018 and by City Council on December 5, 2018, This 2019 Supplement is needed to review .for eligibility two additional parcels that have recently annexed into the City in order to be considered for inclusion in any proposed urban renewal project area. This 2019 Supplement has been prepared by City and Agency staff. Description of Su2Cerfiental Eligibility Staacly Area This 2019 Supplement examines a Supplemental Area approximately 75 acres in size west of I- 15 in the vicinity of Siphon and Hiline Roads. The Supplemental Area consists of two parcels owned by separate property owners. In the Supplemental Area, the principal arted a] streets of Siphon Road, Whitaker Road, Hiline Road and Little Buffalo Creep Road provide a spine for a future road system in the 2018 Study Area and the Supplemental Area. The Supplemental Area is predominantly irrigated agricultural land or dry grazing land. No structures exist on the parcels in the Supplemental Area. Existing water and sewer mains exist in Siphon Road. The parcels in the Supplemental Area do not currently have water distribution or sewer collection facilities and therefore are not currently served by City water and sewer. The Chubbuck Comprehensive Plan, Our Valley, Our Vision as recently updated, designates the land use for the Supplemental Area as r�ominercial and mixed use for the westernmost parcel adjacent to Siphon Road and commercial and medium density for the parcel located between I-15 and Hiline Road and north of Siphon Road. Amended Eligibility Study Area ' OrIgind Area !letiv PO F&3 B l nvicr. Corrin unity Plansfor Supplemental Area The community plans for the Supplemental Area reflect the same infonnation as represented in the 2018 Study, and are specifically incorporated by reference herein. 4 Statutory Criteria far Deteriorating Areas and Open Land The eligibility criteria for the Supplemental Area reflect the same guidelines as represented in the 2018 Study, and are specifically incorporated by reference herein, Findings The findings for the Supplemental Area reflect the existence of the following criteria for eligibility in the Supplemental Area, Obsolete platting/faulty lot layout. Obsolete platting is an eligibility criterion for open land. See 2418 Study, Obsolete platting includes lots too large to accommodate growth without further subdivision. 1n the Supplemental Area, there are two large, open land parcels totaling 75 acres transitioning from agricultural use, Community future Iand use plans as well as regional plans for the City articulate significant growth fron7i the Siphon-Northgate interchange with 1-15 north to Tyhee Road. The present land ownership pattern of large agricultural parcels requires further subdivision and, therefore, impairs the sought growth of the City towards 1-15. The parcel size results in economic undwdevelopment of the Supplemental Area, Inadequate street systemloutmo(led streets, Siphon Road west of Whitaker Road continues to not conform with City standards and is a two-lane road with approximately twelve -foot travel lanes and shoulders varying in width from one to six feet, There are no pedestrian facilities .and drainage facilities are limited to barrow pits. Likewise, Hiline Road fails to meet present City road standards or comply with plans for an improved road system to serve the area. The existing system of roads retards the development of the Supplemental Area. Further, there are few existing sheets west of 1-15, There is no inteinal street network to servc the Supplemental Area, or to provide access within the ,Supplemental Area to other parts of the community. The lack of consistent collector or interior street system west of 1-15 does not promote the movement of traffic from undeveloped parcels to the conmrunity. An urban renewal area in this portion of the community will provide a means to create access to lands closest to I-15 and eliminate a substandard arterial street, It will finther address the issue of connecting growth near 1-15 with the Supplemental Area and the City. Unsafe Conditions. The Supplemental Area is not served by a water distribution system or a sewer collection system. Fire protection is an issue as the Supplemental Area is not served by fire hydrants. Significant investments are necessary to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. Ground water quality is an issue as the Supplemental Area is located where nitrate levels are likely to be elevated and groundwater quality may be degraded. The development of a central water distribution system is an important public priority to asslue safety of residents and business owners. Agrictaltttr al Operations in Study Area The owners ol'the two parcels in the Supplemental Area will need to give their written consent to be included within any revenue all ocation area as the Supplemental Area has been used for an agricultural operation within the last three years. Ten Percent Limitation on Assessed Kthiation within Revenue Allocation Avert At the date of the 2018 Study, the City's assessed valuation of taxable property within the City was $779,359,220. Ten percent of that valuation is $77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values of these revenue allocation areas according to Bannock County are; Central Chubbuck $ 13,382,652 Pine Ridge Mall $ 36,163,800 Additionally, the following base values have been included in previous Eligibility Study Areas, 2018 Study $ 3,089,605 Study Area East of 1-15 $57,600 The 2019 estimated base for the Supplemental Area parcels is $91,863. The total valuation for the two existing revenue allocation areas, the previous Eligibility Study Areas and this proposed Supplemental Area, not considering conversion to hon -agricultural uses, is $52,785,520 or 6.8% of the total valuation. Conclacsion The Supplemental Area meets the criteria for cligibilityunder Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(d). In addition, due to faulty lot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, the Supplemental Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). M Criteria Criteria Characteristics supporting finding Met? Obsolete platting, Yes Furdler subdivision with local street and collector street Section 50-2903(8)(c) patterns are required to allow orderly growth spurred by interchange and private development proposals. Substantially arrests Yes Large agricultural parcels impair sound growth of sound growth of Cbubbuck. Without further subdivision, demand for municipality, Section growth will need to leapfrog 1) roposed urban renewal 50-2903(8)(c) area, Faulty lot layouts, Yes Large land ownerships arc not useful or adequate to Section 50-2008(d), accommodate commercial growth and mixed uses which Section 50-2018(9) need smaller lots for business and higher density housing. Inadequate street Yes The Supplemental Area includes arterial streets which do layout, Section 50- not meet modem street standards or provide pedestrian or 2018(9) biking facilities. The pattern of existing streets does not provide a collector or local street system in the Supplemental Area. Outmoded street Yes Soe above. The outmoded street patterns, obsolete patterns, Section 50- platting, and lack of central water and sewer systems 2008(d) retard the development of the area. Need for correlation Yes The existing arterial street system does not meet today's of the area with other standards. There is no coordinated street system east of areas of municipality Hiline nor a collector street system north of Siphon Road by streets of modern and east of Yellowstone Highway, traffic requirements, Section 50-2008(4) Unsafe conditions, Yes A public water distribution system or a public sewer Section 50-2018(9) collection system does not serve the Supplemental Area. Fire hydrants are Iacking in the Supplemental Area. There are no pedestrian facilities in the Supplemental Area. Substantially impairs Yes An inadequate street system, faulty lot layout, and the lack sound growth, of a centralized water and sewer system inhibits the sound Section 502018 (9) and orderly growth of the City in this area of anticipated demand for growth. Next Steps: The Urban Renewal Process If it is determined the Supplemental Area meets the criteria for a deteriorating area and/or a deteriorated area, the Agency may accept the eligibility study and request its consideration by the City Council. If the City Council makes the necessary finduigs by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion or all of Isnds considered eligible. The plan approval process is set forth in the 2418 Study. RESOLUTION NO. Z020 -o/ BY THE COUNCIL: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF CHUBBUCK, IDAHO, DETERMINING A CERTAIN ADDITIONAL AREA WITHIN THE CITY TO BE A DETERIORATED AREA OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS CRUBBUCK DEVELOPMENT AUTHORITY TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN OR PLANS SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN OR PLANS MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council") of the city of Chubbuck (the "City") found that deteriorating areas exist in the City; therefore, for the purposes of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code,, as amended (the "Law"), by Resolution No. 4-92, dated April 11, 1992, created an urban renewal agency pursuant to the Law, authorizing the urban renewal agency to transact business and exercise the powers granted by the Law and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") upon making the findings of necessity required for creating the Urban Renewal Agency of the city ofChubbuck, also known as the Chubbuck Development Authority (the "Agency"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Pian Chubbuck Downtown Improvement Project (the " 1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; CITY COUNCIL RESOLUTION - I WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor (`Assessor") (collectively, the BCCC and Assessor may be referred to as "Bannock County') entered into the Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an infonnal partial deannexation frorn the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels from the 1992 Plan revenue allocation area commonly referred to as the "Old CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mali Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance. No, 759 on August 3, 2016, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the Agency Board retained 3 Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 650 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the "Study Area") to analyze and determine whether the Study Area is eligible for urban renewal planning, and provide the Agency Board with a report and recommendation; WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 (the "2019 Study'), which examined the Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency Board on November 20, 2018, by way of Resolution No_ 2018-03, accepted the 2018 Study and authorized the Agency Chair to submit the Resolution and 2018 Study to the City Council for its consideration; CITY COUNCIL RESOLUTION - 2 WHEREAS, the City Council on or about December 5, 2018, adopted and approved Resolution No. 2018-12 finding the Study Area described in the 2018 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan. A copy of the 2018 Study is attached hereto as Exhibit A; WHEREAS, after adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional area; WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West urban Renewal Area, 2019 Supplement, dated August 2019 (the `'2019 Study"), which examined two additional open land parcels totaling approximately 75 acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road and west of Interstate 15 (the `'Supplemental Study Area"), for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2019 Study was submitted to the Agency and the Agency Board on August 20, 2019, by way of Resolution No. 2019-03, accepted the 2019 Study and authorized the Agency Chair to submit the Resolution and 2019 Study to the City Council for its consideration; WHEREAS, the City Council on or about October 16, 2019, adopted and approved Resolution No. 2019-08 Finding the Study Area described in the 2019 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan. A copy of the 2019 Study is attached hereto as Exhibit B., WHEREAS, after adoption of Resolution No. 2019-08 by the City Council, a property owner requested that additional property adjacent and contiguous to the Study Area and the Supplemental Study Arca, which was recently annexed into the City, be reviewed for eligibility, The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; WHEREAS, in February 2020, the Agency retained Outwest Policy Advisors and authorized Brent Tolman to commence an eligibility study and preparation of an eligibility report (the "2020 Study") of an area approximately 87 acres in size generally located at the southeast intersection of Tyhee Road and the Union Pacific Railroad (UPRR) Mainline which runs fforn Pocatello to Idaho Fal Is. The property is bordered by the UPRR Mainline on the west, Tybee Road on the north, bordered on the east by a line of longitude at approximately 112°_27'13.00" W and bordered on the south by a line of latitude at approximately 4211,56",25.00" N. (the "2020 CITY COUNCIL RESOLUTHON - 3 Stipp lemental Study Area") for the purpose of determining whether such area is a detetiorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2016(9) and 50-2903(3); WHEREAS, the 2020 Study was submitted to the Agency, a copy of which is attached hereto as Exhibit C; WHEREAS, pursuant to Idaho Code Sections 50-2015(9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions were found in the 2020 Supplemental Study Area, i.e., a, outmoded street patterns/inadequate street layout; b. obsolete platting and faulty lot layout in relation to size, adequacy, accessibility, or usefulness; C, insanitary or unsafe conditions; d. deterioration of site and other improvements; and el existence of conditions which endanger fife or property by fire and other causes. WHEREAS, the 2020 Supplemental Study Area is predominantly open; 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, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open areas, including open land areas to be acquired by the Agency, which are the same or similar to the conditions set forth above; WHEREAS, such additional conditions regarding open areas are present and are found in the 2020 Supplemental Study Area; WHEREAS, the effects of the listed conditions cited in the 2020 Study 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, on May 19, 2020, adopted Resolution No. 2020-02 (a copy of which is attached hereto as Exhibit D, without attaclunents thereto) accepting the 2020 Study and authorizing the Chair or Vice -Chair of the Agency to transmit the 2020 Study to the City Council requesting its consideration for designation of an urban renewal area and requesting the City COLlncil to direct the Agency to prepare an urban renewal plan or plans for the 2020 Supplemental Study Area, which plan or plans may include a revenue allocation provision as allowed by law, as well as guidance on the boundary of the proposed project area, which may be geographically smaller than the area reviewed in the 2020 Study; CITY COUNCIL RESOLUTION - 4 WHEREAS, the 2020 Study includes a preliminary analysis concluding the base assessment roll value for the 2020 Supplemental Study Area, together with the adjusted base assessment roll values for the existing and proposed revenue allocation areas, collectively do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, under the Law, Sections 50-2903(8)(0 and 50-2018 (S) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as def=ined in section 22-4502(2), Idaho Code, or any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the owner of the agricultural operation or the: forest landowner of the forest land, except for an agricultural operation or forest land that has not been used for three (3) consecutive years; WHEREAS, the 2020 Supplemental Study Area includes parcels subject to such consent. While the necessary consents have not been obtained, any consents shall be obtained prior to submittal of any urban renewal plan for the 2020 Supplemental Study Area to the City Council; 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 a 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 Iocal governing body must make a finding or detennination that the area included in such plan is a deteriorated area or a deteriorating area; and WHEREAS, it is desirable and in the best public interest that the Agency prepare an urban renewal plan or pians for all, or a portion, of the geographic area identified in the 2020 Study located in the city ofChubbuck, county of Bannock, state of Idaho, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHUBBUCK, AS FOLLOWS; Section 1: That the Mayor and City Council finds and declares: (a) That the 2020 Supplemental Study Area described in the 2020 Study is a deteriorated area, a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, within the city of Chubbuck, Idaho; (b) That there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan; and (c) That the geographic area identified in the 2020 Study is detenn ned to be a deteriorated area or a deteriorating area, as defined in Chapters 20 and 29, Title 50, Idaho Code, as amended, or a combination thereof, and such area is designated as appropriate for an urban renewal project. CfTY COUNCIL RESOLUTION - 5 Section 2: That the Agency is hereby directed to commence preparation of an urban renewal plan or plans for the Study Area, the Supplemental Study Area and the 2020 Supplemental Study Area for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Chapters 20 and 29, Title 50, Idaho Code, as amended. Section 3: That the Agency will obtain any agricultural operation consents from the real property owners, as may be necessary, prior to formally submitting the proposed urhan renewal plan or plans to the City Council for its consideration. Section 4: That this Resolution shall be in ful I force and effect immediately upon its adoption and approval. ADOPTED by the Council of the city of Chubbuck, Idaho, on 3 "� , 2020. APPROVED by the Mayor and City Council of Chubbuck Idaho, on j,,,�, 3"j , 2020. Kevin England, yor ' ATTEST: City Clerk ar � 4 5 4-7834, Y. 1 CITY COUNCIL RESOLUTION - 6 Exhibit A Eligibility Study for Siphon Interchange West Urban Renewal Area for Chubbuck Development Authority October, 2018 .M^'K� 1011M JTostcr and Associates 425 Capital Avenue Idaho Falls Idaho 83402 Executive Suminag This report examines approximately 650 acres northeast and east of the City of Chubbuck (the "City") to determine if the conditions exist which qualify all or part of the area as appropriate for an urban renewal project. The area studied lies west of I-15, south of Tyhee Road, east of Wlhitaker extended north, and north of Chubbuck Road. The proposed Siphon-Northgate interchange scheduled for construction on 1-15 in 2019 is centrally located in the proposed urban renewal area. A small portion, slightly over ten acres, of the area under review is annexed to the City, and the remainder of the area under review is located in unincorporated Bannock County (the "County"). Landowners of the parcels in unincorporated County have petitioned for annexation. The parcels within the study area (the "Study Area") are predominantly open lands and in agricultural use, either as irrigated agriculture, non- irrigated agriculture, or dry land grazing. It is anticipated the landowners of agricultural parcels will or have given consent for thea- parcels to be included in an urban renewal area. The Study Area is found to be a deteriorated area and/or a deteriorated area, and therefore, is eligible for an urban renewal project under the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") for the following reasons.- 1. easons: 1. Obsolete platting; (open land criteria) and faulty lot layout due to size and usefulness. With the anticipated demand for business and mixed use growth in the area surrounding the new interchange with 1-15, the existing land use pattern ofownerships of large agricultural acreages or large residential lots will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand for businesses, technology, and mixed uses, will result in the economic underdevelopment of the area. 2. Outmoded street patterns/inadequate street layout. The majority of existing streets in the Study Area have two travel lanes with uneven shoulder widths and no pedestrian facilities. These streets do not meet current street standards or offer safety to pedestrians. More importantly, as illustrated by the 2018 functional class road system map in the Chubbuck Comprehensive Plan, as amended (the "Comprehensive Pian"), the existing road pattern does not serve major portions of the Study Area, especially those lands near and adjacent to I-15 east of the Fort Hall Main Canal. 3. Unsafe conditions. A central public water system and a sewer collection system does not serve most of the Study Area. The lack of fire hydrants in the Study Area reduces fire protection. DEQ has identified a portion of the Study Area as an area where water quality may be degraded due to nitrates. This situation increases the importance of central water and sewer systems. Three floodplains tie west of 1-15 in the Study Area. Although this Study has found the lands included in the Study Area to be eligible for an urban renewal project, a finding of eligibility does not commit either the Urban Renewal Agency of the City of Chubbuck also known as the Chubbuck Development Authority (the "Agency") or the City Council of the City of Chubbuck (the "City Council") to include any or all portions of the Study Area within an urban renewal project area. Background "Interchange project expected to trigger economic boom for Pocatello area," was the headline on August 16, 2018, in an Idaho State Journal article about the proposed Siphon-Northgate interchange to be constructed on I-15 in 2019. Earlier headlines from the same publication described a "massive wave of development" to be triggered by the new 1-15 interchange and associated private development. Growth as described in the articles, including a technology park, shopping centers, new neighborhoods, and parks, demands major investments in public infrastructure. Tax increment, or revenue allocation financing is one of the few tools available to local governments in Idaho to assist with financing such infrastructure in cooperation with private developers, to respond to the demands created by growth, and to create jobs. The Idaho legislature authorized tax increment financing in Idaho in 1988 with the passage of the Act. The put -pose of the Act is to provide a means to raise revenue to finance the economic growth of communities and development of deteriorating areas and/or deteriorated areas through financing public improvements. Since its passage in 1988, tax increment financing has grown from a tool to not only redevelop deteriorating and/or deteriorated downtowns and increase the tax base of a community but also as an economic development tool to create jobs by providing public improvements to areas in Idaho communities without the necessary infrastructure to promote private development. Description of Eligibility Study Area This Study examines a Study Area approximately 650 acres in size west of 1-15 in the vicinity of Siphon and Tyhee Roads as described above. The purpose of this Study is to determine if conditions exist which qualify alt or a portion of the Study Area for designation as appropriate for an urban renewal project. The Study Area consists of thirty parcels owned by eighteen property owners according to Bannock County online parcel maps. A new interchange to 1-15, the Siphon-Northgate Interchange, is planned three quarters of mik north ofChubbuck Road. In the Study Area, the principal arterial streets of Siphon Road, Tyhee Road, and Hiline Road provide a spine for a ftaure road system to serve approximately 650 acres. This Study Area is predominantly irrigated agricultural land or dry grazing land. Clusters of single-family homes on Tree Valley Road and Buffalo Road are located in or surrounded by the Study Area. W -'r r.;a Iwa i• : .`i'-'] j rim 4 r Eligibility Study Area F'r. n = Included E Chink Rd East of Whitaker Road, the City is improving and extending Siphon Road to provide access to the Siphon Northgate Interchange with I-15. The interchange itself has not been started and will not be completed until August, 2019, at the earliest. The improvements on Siphon Road from the intersection with Whitaker Road to the interchange will include widening the road to four travel lanes, drainage facilities, and sidewalk/pedestrian facilities. Improvements will be 3 constructed on Hiline Road at the intersection with Siphon Road. Hiline and Siphon Roads outside of the interchange connection improvements are two lane roads with barrow pits and no pedestrian facilities. Tyhee Road at the north end of the study area is also a two lane road with barrow pits and no pedestrian facilities. The City water system serves a portion of the Study Area. Water mains are located in Siphon Road and Hiline Road south of Siphon Road. Therefore, the majority of the Study Area is not served by a public water distribution system. The City's sanitary sewer lines are located in Siphon Road and a portion of Hiline Road north and south of Siphon Road. Most of the 650 acres in Study Area are not served by apublic sewer system. Conintunity Plans fop Sturdy Area In 2015, the regional transportation planning organization for the County, City of Pocatello, and the City completed the BTPO 2040 Metropolitan Transportation Plan, Amendment 1. A prcfeired scenario is included in the plan. According to the document, the scenario is based on public feedback, the performance of various scenarios outlined in the document, and local vision and goals for the transportation network. In the preferred scenario, business employment growth spurred by the Siphon-Northgate Interchange is expected to extend into north Chubbuck along Siphon Road and Hiline Road towards Tyhee Road. Below: portion of Conceptual Scenario Map, Preferred Scenario, page 20. BTPO 1040 Metropolitan Transponation Plan. Business employment growth in vkhury or planned Siphon WetdwVe. to extend into Horth [hubWa along Siphon Road Mired use and resiQemial development is a lonper-ranpe -- - — — viskm that may Tw ofcmr within the 24 -year planning hortxnn e..r More mixed use 4� development r_, ' %la�. tiaustng Brarvth " Re anticipated in Sat"teld Development arca _ e l (;RQbuST residential and loyment growth In the Chubbuck Comprehensive Plan, Our Valley, Our Vision, as recently updated, the land use designation on Siphon Road east of Hiline Road is commercial. The mixed use designation is on Siphon from Hiline Road to Whitaker Road and lines Hiline Road. The employment designation is north of Siphon Road to Tyhee Road along the Union Pacific railroad and adjacent to 1-15 north of Chubbuck Road. Medium density is shown in the northeast corner of the Study Area. The Chubbuck Comprehensive Plan, under community design, has an objective of a strong arrival feature at the entrance way at the Siphon- Northgate Interchange. Landscaping is discussed as a component of this arrival feature. A functional class road system map is included in the Chubbuck Comprehensive flan. In June of 2018, the map was updated and includes not only the future interchange of Siphon Road extended and 1-15 but the plan to realign the Tyhce Road-Hiline intersection and create a Tyhce Road north -south corridor on the bench between Hiline Road and I-15. In addition to improvements to Tyhce Road, the road system map proposes the extension of Whitaker to Tyhee Road and the creation of a north -south collector to the east of Hiline Road. Portion of 2018 Functional Class Road System reap. Black: Principal arterial Blue Minor arterial Pink: Collector The existing comprehensive plans above are being implemented with the annexation requests filed in August, 2018, for the parcels in the Study Area. The zoning district, General Commercial zone (C-2), is being proposed north and south of Siphon Road east of Hiline Road to the I-15 interchange. The purpose of the General Commercial zone is provide for a variety of businesses for both community and regional markets. Although the areas north and south of this proposed commercial district are being proposed for agricultural zoning in the annexation request for approximately 650 acres, the staff report prepared by the Chubbuck planning department states the owners of the properties wish to develop their lands under the proposed mixed use zone, the Creative Community Zone. The Agriculture Zone is a place holder until development plans can be prepared. 0 Statrttol y Criteria far Deteriorating Areas and Open Land Generally, eligibility criteria are set forth in the definitions of "deteriorated area" found in Idaho Code Sections 50-2018(9) and 50-2903(8), and "deteriorating area" found in Idaho Code Section 50-2049(9)- A 0-201S(9)_ A deteriorated area means: an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of: 1. dilapidation, 2, deterioration, 3. age or obsolescence, 4. inadequate provision for ventilation, light, air, sanitation, or open spaces, 5. high density of population and overcrowding, 6. or the existence of conditions which endanger Iife or property by Fre and other causes, 7. or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. Idaho Code Section 50-2018(8). See also, Idaho Code Section 50-2903($)(a). In general, these conditions were not identified or observed in the Study Area. A deteriorating area means: an area which by reason of 1. the presence of a substantial number of deteriorated or deteriorating structures, 2, predominance of defective or inadequate street layout, 3. faulty lot layout in relation to size, adequacy, accessibility or usefulness, 4. insanitary or unsafe conditions, 5. deterioration of site or other improvements, 6. diversity of ownership, 7. tax or special assessment delinquency exceeding the fair value of the land; 8. defective or unusual conditions of title, 9. or the existence of conditions which endanger life or property by Fre and other causes, 10, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; provided, that if such deteriorating area consists oFopen land the conditions contained in the proviso in section 50- 2008(d), Idaho Code, shall apply. Idaho Code Section 50-2018(9). See also, Idaho Code Section 50-2903(8)(b). While there is no definition of "open land" in the Law or the Act, there are specific eligibility criteria for `open land" set forth in Idaho Code Section 50-2903(8)(c). The Study Area appears to be predominantly open land. A "deteriorated area" means, in part: 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_ The provisions of Section 50- 2008(d), Idaho Code, shall apply to open areas. Idaho Code Section 50-2008(d) does not specifically address eligibility; rather, it sets forth the necessary findings for an Agency to acquire open land for residential use or nonresidential uses. if the Agency is to acquire open land for residentiall purposes, the City Council must determine that: l . a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; 2. the need for housing accommodations has been or will be increased as a result of the clearance of slurps in other areas; 3. 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; 4. and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality. If the Agency is to acquire open land for nonresidential purposes, the City Council shall determine 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. It can be argued the criteria for acquisition of nonresidential uses by an agency are the same or similar to the general criteria for eligibility. Therefore, if deteriorating conditions exist, the Agency would necessary meet the acquisition standard. Under the Law and the Act, an agricultural operation or forest land cannot be deemed a deteriorating area or a deteriorated area or included within an urban renewal area unless the owner of the agricultural operation or forest landowner gives his/her written consent to be included in the urban renewal district; "Deteriorated area" does not mean not developed beyond agricultural, or any agricultural operation as defined in Section 22- 4502(1), Idaho Code, or any forest land as defined in Section 63- 1701(4), Idaho Code, unless the owner of the agricultural operation or the forest landowner of the forest land gives written consent to be included in the deteriorated area, except I'm an agricultural operation or forest land that has not been used for three (3) consecutive years. (Emphasis added.) Idaho Code Section 50-2903(8)(f); see also, Idaho Code Sections 50-2018(8) and (9), Findings Windshield and walking surveys as well as meetings with City staff and a review of applicable resources and references reveal the existence of the following criteria for eligibility in the Study Area. Obsolete platting/faulty lot layout: Obsolete platting is an eligibility criteria for open land. Obsolete platting may include either alder subdivision plats which contain lots too small for today's market or the opposite, i.e., lots too large to accommodate growth without further subdivision_ In the open land scenario, the latter condition is more likely to be found. In the Study Area, land ownerships vary from single-family homes on approximately one-half acre lots to agricultural lands about 250 acres in size. Homes on large lots or small agricultural parcels occupy about 43 acres of the Study Area. Farms or lands used for agriculture occupy approximately 580 acres. Community future land use plans as well as regional plans for the City articulate significant growth from the Siphon-Northgate interchange north to Tybee Road. The present land ownership pattern, i.e., large agricultural parcels, requires further subdivision and, therefore, impairs the sound growth of the City towards 1-15. The parcel size results in economic underdevelopment of the area, Inadequate street system/outmoded streets. Siphon, Hiline, and Tyhee Roads are principal arterial streets serving the Study Area. They are presently, with the exception of the construction of Siphon Load from Whitaker Road to the proposed I-15 interchange, two, lane roads with approximately twelve foot travel lanes and shoulders varying in width from one to six feet. Drainage facilities are limited to barrow pits, and there are no pedestrian facilities. The roads do not meet present City road standards or comply with plans for an improved road system to serve the area The present roads are not suitable to serve the projected business development and mixed land use planned on the west side of the Siphon -North -ate interchange. The existing system of roads retards the development of the area. Other than the arterial streets, there are few existing streets west of 1-15 in the Study Area to serve the area and provide access within the Study Area or to other parts of the community. Buffalo Road is a long dead-end street. Tree Valley is an unimproved gravel dead-end street. There is no consistent collector or interior street system west of 1-15. The present street pattern does not promote the movement of traffic from undeveloped parcels to the community. Chubbuck Road has been the primary east/west road in Chubbuck. As early as 2010, the lack of connectivity was seen as an issue as well as congestion flue to the lack of north/south accesses, according to BTPO. The construction of the interchange will improve Siphon Road to a Urnited 10 extent and provide another east -west street. However, it will also introduce more traffic into the Study Area. To provide access along the bench east of Hiline Road and to bridge the Fort Hall Main Canal, the City is proposing to extend Tybee southeast paralleling I-15. This planned improvement will improve east/west access as well as north/south access. An urban renewal area in this portion of the community will provide a means to create access to lands closest to I-15 and eliminate a substandard arterial street It will address the issue of connecting growth near 1- 15 and on the bench with other portions of the Study Area and the City. Unsafe Conditions. The majority of the Study Area is not served by a water distribution system or a sewer collection system. The area east of the Union Pacific Railroad and north of Siphon Road as well as the area north of Tree Valley and west of I-15 is not served by a water distribution system. Fire protection is an issue since this area is not served by fire hydrants. Those portions on the bench and adjacent to the proposed interchange will face pressures for development as the demand for commercial uses increase. Significant investments are needed to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. In the illustrations below, the area shown in pink and lying west of 1-15 is included in the Study Area and has no public water or sewer system with the exception of a sewer trunk line lying in a portion of Hiline Road. Water system, Chubbuck. Sewer system, Chubbuck. A portion of the Study Area lying west of I-15 has been identified as an Idaho DEQ 2014 Nitrate Priority Area. Such an area is a general area where nitrate levels are likely to be elevated, and ground water quality may be degraded. In such an area, the development of a central water distribution system is an important public priority to assure the safety of residents. The sewer collection system, with the exception of an approximately 4,000 feet of trunk line in Hiline Road north of Siphon Road, does not serve the Study Area. There is no collection system beyond this one sewer line. Considering the issues with nitrates in the Study Area, service by a public sewer collection system to growth in the area is a priority. Photographs of Tyhee Road and Hiline, construction on Siphon Road, and Hiline Road, August, 2018. -- Three floodplains exist in the Study Area west of 1.15. Little Pocatello Creek has a floodplain located north of Chubbuck Road from I-15 to Hiline Road. The floodplain flows near the southern portion of Tree Valley Road. Buffalo Creek has a I% floodplain lying between Hiline Road and 1-15 from Buffalo Road east. A third 1 % floodplain, or ,Zone AE, lies east of Hiline to 1-15 south of West Walton Road. Floodplain, Little Pocatello Creek, City of Chubbuck Website. I2 Idaho Department of Water Resources, Flood Hazard Maps, Zone AE illustrated. As a reflection of the floodplain of the Little Pocatello Creek, there are storm drainage issues west of 1-15 and north of Chubbuek Road. The location of floodplains will require mitigation in development plans and possibly additional public infrastructure, depending on solutions to address potential flooding. To summarize, at least one open land criteria for eligibility has been found in the Study Area: obsolete platting. The existing land ownership pattern of large acreages in single ownership substantially arrests the growth of the City to the northeast and east. The existing land use patterns results in economic underdevelopment of the area will continue to do so in the long term. The additional criteria found in the Study Area and enumerated in the Law for non-residential acquisition of open land, Idaho Code Section 50-2008(d), are: I. Outmoded street patterns. See discussion of inadequate street system above. 2. Unsuitable topography. See discussion of floodplain areas above. 3. Faulty lot layouts. See obsolete platting discussion above. 4. Need for correlation of area with other areas by streets. See discussion under inadequate street system above. The present state of the proposed urban renewal area as revealed in the findings above fulfill the following criteria under "deteriorating," Idaho Code Section 50-2018(9): 1. Faulty lot layout in relation to ....usefulness. 13 2. Predominance of defective or inadequate street layout, 3. Insanitary or unsafe conditions, or 4. Any such combination of factors which arrest the sound growth of the municipality. Agricultural Operations in Study Area The owners of the agricultural operations in the Study Area will need to give their written consent to be included within any revenue allocation area: ...Provided, however, this definition (deteriorated area or deteriorated area) shall not apply to any agricultural operation, as defined in section 22- 4502(2), Idaho Code, absent the consent of the owner of the agricultural operation.— except for an agricultural operation ... that has not been used for three (3) consecutive years. Idaho Code Section 50-2018(8) and (9); Idaho Code Section 50-2903(8)(0. There are three Iandowners who have agricultural exemptions on their lands. These exemptions cover over 425 acres or approximately 68% of the Study Area. The amount of value assigned for agricultural exemptions will be included in the base value of any revenue allocation area when the land use changes on these exempted agricultural lands: The equalized assessed valuation of the taxable property in a revenue allocation area as shown on the base assessment roil shall be increased by the equalized assessed valuation, as of the date of the base assessment roll, of taxable property in such revenue allocation area that becomes taxable after the date of the base assessment roll, provided any increase in valuation caused by the removal of the agricultural exemption from undeveloped agricultural land in a revenue allocation area shall be added to the base assessment roll, Idaho Code Section 50-2903(4). There may be parcels within the Study Area which are agricultural parcels which do not have exemptions, e.g., if there are parcels which are used for grazing or have been fanned recently, written permission will be needed to include such parcels within the district. Test Percent Limitation on Assessed Maluation within Revenue Allocation Area Under Idaho Code Section 50-2903(15), the collective base assessment rolls of all revenue allocation areas in the City are not to exceed ten percent of the current assessed valuation of all taxable property within the City. 14 "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 an 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 shal l not exceed at any time ten percent (10%) of the current assessed valuation of all taxable property within the municipality. Idaho Code Section 50-2903(15). The City's current assessed valuation of taxable property within the City is $779,359,220. Ten percent of that valuation is $77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values orthese revenue allocation areas according to Bannock County are; Central Chubbuck $ 13,382,652 Pine Ridge Mall $ 36,163,800 The 2018 estimated base for the Study Area is $3,089,605. According to the County, there is no significant personal property value in the Study Area. The adjusted base values for the Central Chubb uck Project Area and the Pine Ridge Mall Project Arca include personal property. The total valuation for the two existing revenue allocation areas and this proposed area, not considering conversion to nonagricultural uses, is $52,636,057 or slightly less than 7% of the total valuation. 13 Conclusion The Study Area meets the criteria for eligibility under Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(d). In addition, due to faulty lot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, and unsuitable topography in a portion of the Study Area, the Study Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). Criteria Criteria Characteristics supporting finding Met? Obsolete platting, Yes Further subdivision with local street and collector street Section 50-2903(8)(c) patterns are required to allow Orderly growth spurred by interchange and private development proposals. Substantially arrests Yes Large agricultural parcels impair sound growth of sound growth of Chubbuck. Without farther subdivision, demand for municipality, Section growth will need to leapfrog proposed urban renewal 50-2903(8)(c) area. Faulty lot layouts, Yes Large land ownerships are not useful or adequate to Section 50-2008(d), accotrunodate commercial growth and mixed uses which Section 50-2018(9) need smaller lots for business and higher density housing. Inadequate street Yes The Study Area has arterial streets which do not meet layout, Section 50- modern street standards or provide pedestrian. or Ming 20t8(9) facilities. The pattern of existing streets does not serve the bench area or provide a collector or local street system in the Study Area, Outmoded street Yes See above. The outmoded street patterns, obsolete patterns, Section 50- platting, and lack of central water and sewer systems 2008(d) retard the development of the area. Need for correlation Yes The existing arterial street system does not meet today's of the area with other standards. There is no coordinated street system east of areas of municipality Hiline nor a collector street system north of Siphon Road by streets or modern and east of Yellowstone Highway. traffic requirements, Section 50-2008(d) lb Unsafe conditions, Yes A public water distribution system or a public sewer Section 50-201$(4) collection system does not serve most of the proposed urban renewal area. Fire hydrants are lacking in most the Study Area. There are no pedestrian facilities in much of the Study Area. Three floodplains exist in the Study Area. Substantially impairs Yes An inadequate street system, faulty lot layout, and the sound growth, lack of a centralized water and sewer system inhibits the Section 50-2018 (9) sound and orderly growth of the City in this area of anticipated demand for growth. 17 Next Steps: The Urban Renewal Process If an urban renewal agency is in existence in a corninunity, the creation of revenue allocation area, begins with an eligibility study. The purpose of the eligibility study is to determine if a specific geographic area meets the criteria for a deteriorating area and/or a deteriorated area as defined in the Law and the Act to be included in an urban renewal project. If it is determined the Study Area has such characteristics, the Agency may accept the eligibility study and request its consideration by the City Council. No urban renewal district can be formed unless the City Council adopts a resolution finding the area under consideration is a deteriorated area and/or a deteriorating area. If the area under consideration includes land which does not lie within the jurisdictional boundaries of the City, the Board of County Cominissioners must adopt a resolution declaring a need for an urban renewal project prior to City Council consideration. If any land within the proposed district has been used for an "agricultural operation" within the past flu-ee years, the property owner must consent to inclusion of his/her land within the district. If the City Council makes the necessary findings by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion or all of lands considered eligible. The urban renewal pian is to include [he following with specificity: (1) A statement describing the total assessed valuation of the base assessment roil 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 bon& are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; (G) 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 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. Once the plan is prepared and approved by the Agency, it is forwarded to the City Council. The City Council forwards the plan to the City planning commission far its determination that the plan conforms to the city's comprehensive plan. The City Council also schedules the public hearing, and notice of the hearing is published, and a copy of the notice and plan is sent to all taxing entities at least thirty days prior to the date set for the public hearing. If lands outside the City are included within the proposed district, an intergovernmental agreement is drafted and approved by the county and city, together with a transfer of powers ordinance. The City Council must approve an urban renewal district, including the revenue allocation area, by an ordinance. if the ordinance is adopted by the City Council, the ordinance summary is published, the ordi=nance is recorded, and a copy of the ordinance with legal description of the district and a map as well as a copy of Any intergovernmental agreement is distributed to all the taxing entities and the State Tax Commission. By state statute, an ordinance approving a district and revenue allocation area is effective January I of the year in which the revenue allocation area is established; this retroactive effect recognizes projects necessary to generate tax increment may have begun prior to the approval of the plan to meet private deadlines and encourage economic development. The district has a maximum life of twenty years under Idaho statutes. E SOURCES AND REFERENCES 1. Interviews with Rodney Burch, PLS, Public Works Director, and Devin Hillain, MPA, Planning and Development Director, City of Chubbuck, August 28, 2018. 2. Interview with Anita Hyenas, Chief Deputy, Bannock County Assessor. August 28,201 S. 3. 2018 Chubbuck Urban Renewal Evaluation, Bannock County Assessor's Office, August29, 2018. 4. Staff Report, Chubbuck Land Use and Development Commission, Request to amend Land Use Designations of Chubbuck's Comprehensive Plan to add approximately 950 acres of land to Commercial and Mixed Use, August 23, 2018. Planning and Development Department, Chubbuck, August 23, 2018- 5. StalTReport. Chubbuck Land Use and Development Commission, A request for Category A Annexation of approximately 660 acres with Agricultural and Commercial General zoning designations. Planning and Development Department, Chubbuck, August 29, 2018. 6. Staff Report, Chubbuck Land Use and Development Commission. A request to amend the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to change the designation of approximately 150 acres of land to Commercial. Planning and Development Department, Chubbuck. August 23, 2018. 7. Chubbuck Land Use and Development Commission Agenda, September 18, 2018. Annexation request for 680 acres west or 1-15 and 832 acres east of 1-15. September 18, 2018, S. Chubbuck Comprehensive Plan, Our Valley, Our Yision, January, 2002, with updates through June, 20t8_ 9. BTPO 2040 Metropolitan Transportation Plait, Final Report (January 1. 2015) and Amendment 1 (May 1, 2015). 10. Final Report; 1-15 F.nvfronniental Study Concept Report, June 2007. Prepared for Idaho Transporation Department by CH2MHill. 11. Bannock CountyOnline Parcel Viewer. https:/fbannock.maPs.tn'cais.cotnlap�si «.-ebLpviewer/index_litinl?id=dt'e86cbt177844d8f8b68ba0lae6f7047. Contains 2017 valuations. 12. Chubbuck GIS System maps provided by Ryan Howerton, GIS Specialist, Chubbuck. Maps of water system, sewer system, fire hydrants, land use classifications, floodplains, road classifications, proposed URA. September and October, 2018. 13. Email, Richard Morgan, City of Chubbuck, City valuation, August 28, 2018. 70 14. Idaho State Tax Commission, List of Categories, Property Tax Rules 130, 510, 511, and 512. 15, 2014 NPA Delineation and Ranking Process. Idaho Department of Environmental Quality. July, 2014. https://www.deq.idaho.pov/media/ .../nitrate- riorit -area-delineation-rzinkin -2014. tit' 16. "Northgate project delayed until at least summer 2019," Idaho State Journal, August 5, 2018. 17. "Interchange project expected to trigger economic boom for Pocatello area," Idaho Sfttte Journal, August 16, 2017. 18. "Northgate project expected to trigger massive wave of development," Idaho StateJow-nal, 14. "City of Pocatello Annexes 300 Acres for Northgate Project," www.kpvi/news/local. December 11, 2017. 20. Minutes, City of Pocatello City Council, February 15, 2018. 21. "Northgate partners say project is no Hoku," Idaho StateJownal, August 11, 2018. 22. Telephone conversation, Melanie Gygli, Director, City of Pocatello Planning and Development Services, September 21, 2018. 23. Memorandum, Siphon Road Extension, Phase 2 - Hiline/Siphon Intersection: Traffic Demand Forecast and Capacity Analysis, From Cameron Waite to Rodney Burch. August 16, 2017. 24. 'taxing District Details, Ordinance No. 3001, February 15, 2018, City of Pocatello, Idaho State Tax Commission, htt s: /tax.idaho.uov i-I070.cfi7i?ear-2019&fr s=1D005&Ord=ord%2E%5F3004 25. Idaho State Tax Commission, Urban Renewal Registry, Chubbuck #5 and Pine Ridge Mall. haps:l/tax.idaho.jzov/i-2007.cfm 26. Stanley Consultants, 1-15 Northgate Interchange, Project No. A020(314), Key No. 20314, Northgate Parkway. 27. Idaho Department of Water Resources, floodplain Management, haps://idwr.idaho.tirov/floods/maT),Iitinl 28. 4845-4271-4235, V. 1 21 R I Exhibit Amended Eligibility Study Afe Eligibility Study for Siphon Interchange West Urban Renewal Area 2019 Supplement for Chubbuck Development Authority August, 2019 Executive Suuuuaty This 2019 Supplement to the Eligibility Study for Siphon Interchange West Urban Renewal Area. dated October, 2018, prepared by Foster and Associates (the "2018 Study") examines an additional 75 acres of open land adjacent and contiguous to the area reviewed in the 2018 Study (the "201.8 Study Area") that was determined to be eligible for an urban renewal project pursuant to City Council Resolution 2018-12, dated December 5, 2018. The area reviewed in this 2019 Supplement was annexed into the City after the City Council made its findings concerning the 2018 Study Area, This 2019 Supplement was prepared by staff of the City of Chubbuck (the "City") and the Urban Renewal Agency of the City of Chubbuck, also known as the Chubbuck Development Authority (the "Agency'). City and Agency staff note the conditions supporting eligibility of the 2018 Study Area remain unchanged since the City Council adopted its findings in Resolution 2018-12, on December 5, 2018, and the same conditions exist in the supplemental 75 acres reviewed herein (the "Supplemental Area"), The Supplemental Area is found to have certain conditions set forth in the definitions of a deteriorated area and/or a deteriorating area, and therefore, is eligible for an urban renewal project in accordance with Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law".), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act) for the identical reasons as stated in the 2018 Study which generally are: 1) Obsolete platting/faulty lot layout. With the anticipated demand for business and mixed use growth in the area surrounding the new interchange with I-15, the existing land use pattern of ownerships of large agricultural acreages will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand 1'or businesses, technology, and mixed uses, will result in the economic underdevelopment of the Supplemental Area. 2) Inadequate street system/outmoded streets. The existing roadways in the Supplemental Area are inconsistent with City standards and the existing road pattern does not serve the Supplemental Area. The Supplemental Area lacks interior collector and local roads. 3) Unsafe Conditions. The water and sewer system do not serve the interior of the Supplemental Area. The Supplemental Area also lacks fire hydrants impacting fire protection_ Water quality in the Supplemental Area also remains a concern. Although this 2019 Supplement has found the lands included in the Supplemental Area to be eligible for an urban renewal project, a finding of eligibility does not commit either the Agency or the City Council of the City of Chubbuck (the "City Council") to include any or all portions of the Study Area within an urban renewal project area. Background The 2018 Study encompassed approximately 650 acres generally located west of 1-15, south of Tyhee Road, east of Whitaker extended north, and north of Chubbuck Road. The 2018 Study was accepted by resolution of the Chubbuck Development Authority on November 20,20 t8 and by City Council on December 5, 2018. This 2019 Supplement is needed to review for eligibility two additional parcels that have recently annexed into the City in order to be considered for inclusion in any proposed urban renewal project area. This 2019 Supplement has been prepared by City and Agency staff. Description of 'Supplein ental Eligibility Study Area This 2019 Supplement examines a Supplemental Area approximately 75 acres in size west of l- 15 in the vicinity of Siphon and Hiline Roads. The Supplemental Area consists of two parcels owned by separate property owners. In the Supplemental Area, the principal arterial streets of Siphon Road, Whitaker Road, Hiline Road and Little Buffalo Creek Road provide a spine for a future road system in the 2018 Study Area and the Supplemental Area. The Supplemental Area is predominantly irrigated agricultural land or dry grazing land. No structures exist on the parcels in the Supplemental Area. Existing water and sewer mains exist in Siphon Road. The parcels in the Supplemental Area do not currently have water distribution or sewer collection facilities and therefore are not currently served by City water and sewer. The Chubbuck Comprehensive Plan, Our Vullgv, Our [vision, as recently updated, designates the land use for the Supplemental Area as commercial and mixed use for the westernmost parcel adjacent to Siphon Road and convmereial and medium density for the parcel located between I-15 and Hiline Road and north of Siphon Road. Commcrnity Plans for Stipplemental Area 5 Amended Eligibility Study Area Original Area New Parcels The community plans for the Supplemental Area reflect the same information as represented in the 2018 Study, and are specifically incorporated by reference herein. E Statnitory Criteria for Deteriorating Areas and Open Land The eligibility criteria for the Supplemental Area reflect the same guidelines as represented in the 2018 Study, and are specifically incorporated by reference herein. Findings The findings for the Supplemental Area retlect the existence of the following criteria for eligibility in the Supplemental Area. Obsolete platting/faulty lot layout. Obsolete platting is an eligibility criterion for open land. See 2018 Study. Obsolete platting includes lots too large to accommodate growth without further subdivision. In the Supplemental Area, there are two large, open land parcels totaling 75 acres transitioning from agricultural use. Community future land use plans as well as regional plans for the City articulate significant growth fi-om the Siphon-Northgate interchange with I-15 north to Tyhee Road. The present land ownership pattern of large agricultural parcels requires further subdivision and, therefore, impairs the sought growth of the City towards 1-15. The parcel size results in economic underdevelopment of the Supplemental Area. Inadequate street system/outmoded streets. Siphon Road west of Whitaker Road continues to not conform with City standards and is a two-lane road with approximately twelve -foot travel lanes and shoulders varying in width from one to six feet. There are no pedestrian facilities and drainage facilities are limited to barrow pits. Likewise, Hiline Road fails to meet present City road standards or comply with plans for an improved road system to serve the area. The existing system of roads retards the development of the Supplemental Area. Further, there are few existing streets west of I-15. There is no internal street network to serve the Supplemental Area, or to provide access within the Supplemental Area to other parts of the community. The lack of consistent collector or interior street system west of I-15 does not promote the movement of traffic from undeveloped parcels to the community. An urban renewal area in this portion of the community will provide a means to create access to lands closest to 1-15 and eliminate a substandard arterial street. It will further address the issue of connecting growth near I- 15 with the Supplemental Area and the City. Unsafe Conditions. The Supplemental Area is not served by a water distribution system or a sewer collection system. Fire protection is an issue as the Supplemental Area is not served by fire hydrants, Significant investments are necessary to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. Ground water quality is an issue as the Supplemental Area is located where nitrate levels are likely to be elevated and groundwater quality may be degraded. The development of a central water distribution system is an important public priority to assure safety of residents and business owners - 5 Agricultural Operations in Study Area The owners of the two parcels in the Supplemental Area will need to give their written consent to be included within any revenue allocation area as the Supplemental Area has been used for an agricultural operation within the last three years. Ten Percent Lin tatimi on assessed Valuation within Revenue Allocation Area At the date of the 2018 Study, the City's assessed valuation of taxable property within the City was $779,359,220. Ten percent of that valuation is $77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values of these revenue allocation areas according to Bannock County are: Central Chubbuck $ 13,382,652 Pine Ridge Mall S 36,163,800 Additionally, the following base values have been included in previous Eligibility Study Areas, 2018 Study $ 3,089,605 Study Area East of 1-15 $ 57,600 The 2019 estimated base for the Supplemental Area parcels is $91,863. The total valuation for the two existing revenue allocation areas, the previous Eligibility Study Areas and this proposed Supplemental Area, not considering conversion to non-agricultural uses, is $52,785,520 or 6.8% of the total valuation. Conclusion The Supplemental Area meets the criteria for eligibility under Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(d). In addition, due to faulty Iot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, the Supplemental Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). Criteria Criteria Characteristics supporting fording Met? Obsolete platting, Yes Further subdivision with local street and collector street Section 50-2903(8)(c) patterns are required to allow orderly growth spurred by interchange and private development proposals. Substantially arrests Yes Large agricultural parcels impair sound growth of sound growth of Chubbuck. Without further subdivision, demand for municipality, Section growth will need to leapfrog proposed urban renewal 50-2903(8)(c) area. Faulty lot layouts, Y CS Large land ownerships are not useful or adequate to Section 50-2008(d), accommodate commercial growth and mixed uses which Section 50-2018(9) need smaller lots for business and higher density housing. Inadequate street Yes The Supplemental Area includes arterial streets which do layout, Section 50- not meet modern street standards or provide pedestrian or 2018(9) biking facilities. The pattern of existing streets does not provide a collector or local street system in the Supplemental Area. Outmoded street Yes See above. The outmoded street patterns, obsolete patterns, Section 50- platting, and lack of central water and sewer systems 2008(d) retard the development of the area. Need for correlation Yes The existing arterial street system does not meet today's of the area with other standards. There is no coordinated street system east of areas of municipality Hiline nor a collector street system north of Siphon Road by streets or modern and east of Yellowstone Highway. traffic requirements, Section 50-2008(d) Unsafe conditions, Yes A public water distribution system or a public sewer Section 50-2018(9) collection system does not serve the Supplemental Area. Fire hydrants are lacking in the Supplemental Area. There are no pedestrian facilities in the Supplemental Area. Substantially impairs Yes An inadequate street system, faulty lot layout, and the lacy sound growth, of a centralized water and sewer system inhibits the sound Section 50-2018 (9) and orderly growth of the City in this area of anticipated demand for growth. Next Steps: The Urban Renewal Process If it is determined the Supplemental Area meets the criteria for a deteriorating area and/or a deteriorated area, the Agency may accept the eligibility study and request its consideration by the City Council. If the City Council makes the necessary findings by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion or all of lands considered eligible. The plan approval process is set Forth in the 2018 Study. 8 Exhibit G SIPHON INTERCHANGE WEST SUPPLEMENTAL URBAN RENEWAL ELIGIBILITY REPORT PREPARED FOR THE CHUBBUCK DEVELOPNIENT AUTHORITY BY BRENT TOL1bIAN of OUTWEST POLICY ADVISORS MARCH 5, 2020 Siphon Interchange West Area FligibilityReport Page 1 S THE SIPHON INTERCHANGE WEST AREA URBAN RENEWAL ELIGIBILITY REPORT BACKGROUND Preparation of this Eligibility Report ("Report") was authorized by Rodney Burch, Administrator for the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority ("Agency") on February 18, 2020, This Report supplements the two reports listed below: ■ Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 • Eligibility Study for Siphon interchange West Urban Renewal Area, 2019 Supplement, dated August 2019. The City Council of the City of Chubbuck. Idaho (the "City Council'') adopted the findings set forth in the above reports and directed the Agency to prepare an urban renewal plan or plans for the area deemed eligible. This Report considers the eligibility of an additional parcel of real property adjacent and contigEtous to the properties considered for eligibility in the previous reports and will provide the technical support for the first step in planning urban renewal projects. That first step is a policy decision by the City Council to designate a specific area as deteriorated or deteriorating and to authorize the Agency to prepare an urban renewal plan or plans for the area encompassed by the three (3) reports. The subject property, also referred to as the supplemental study area, consists of 87.04 acres generally located at the southeast intersection of Tyhee Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls, The property is bordered by the UPRR Mainline on the west, Tyhee Road on the north, bordered on the east by a line of longitude at approximately 112°.27%23.00" W and bordered on the south by a line of latitude at approximately 42°.561.25.00" N. Please see the attached map in EXHIBIT A for a clearer understanding of the proposed boundaries of the supplemental study area. SIPHON INTERCHANGE WEST AREA Siphon Interchange West Area Eligibility Report Page 2 The Agency Board has asked that a study be completed to determine compliance with the statutory requirements before recommending to the City Council that a new Urban Renewal Area be created. Idaho Code Section 50-2008(a) states: An urban renewal project for an urban renewal area shall not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area or a combination thereof and designated such area as appropriate for an urban renewal project. This Report will provide an application of the criteria outlined in Title 50, Chapters 20 and 29, Idaho Code, to aid the City Council in making this determination and if so determined, authorize the development of an urban renewal plan or plans for said area. As previously discussed, Step One in plariuing new renewal projects is a resolution by the City Council making certain findings about specific geographic areas. This resolution would also authorize the Agency to prepare urban renewal plans for the areas. The attached definitions of deteriorating area and urban renewal project are very pertinent to this step and are the focus of this Report. Step Two in the renewal planning process is action by the Agency to prepare urban renewal plans and recommend their approval to the City Council. The City Council initiates Step Three by referring the plans to the Planning and Zoning Commission and setting a public hearing before the City Council on the plans. Step Three is completed by a Planning and Zoning Commission finding that the urban renewal plans conform to the City's Comprehensive Plan. Step Four is the adoption of a City Council ordinance approving the plans, after a public hearing. Siphon Interchange West Area Eligibility Report Page 3 DISCUSSION This Report focuses on whether the Siphon Interchange West supplemental area, as previously described and as outlined on the attached map, qualifies as a deteriorating area pursuant to Idaho Code Section 50-2018(9) and as a deteriorated area pursuant to Idaho Code Section 50-2903(8)(b) under virtually identical defimitions. A copy of this joint definition is attached as Exhibit B. The fust statutory reference is from the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, which is the basic urban renewal statute, while the second comes from the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, which is the revenue allocation law. Idaho Code Section 50-2018(9) was amended in 2006 by adding a new proviso concerning agricultural operations. Such agricultural operations may not be included in a deteriorating area unless the owner consents or if the operation has not been used for three consecutive years. This Report, including- the area snap, certifies that the proposed deteriorating area has been farmed within the last tin -cc years. In order to consider the supplemental area as deteriorated or deteriorating as dcfmcd in Idaho Code Section 50-2018(9) and Idaho Code Section 50-2903(8), consent to include the subject property in an urban renewal plan will treed to be obtained from the property owner. The subject area is open land, so the area must qualify under a specific portion of Idaho Code Section 50-2018(9) and a different statutory provision, Idaho Code Section 50-2903(8)(c), which reads as follows: Any 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. Finally. the report will discuss why the area is appropriate for an urban renewal project. A. Present Conditions Siphon Interchange West Area Eligibility Report Page 4 The attached definition of deteriorating arect and deteriorates! area [Idaho Code §§ 50-2018(9) and 50-2903(8)(b)] lists ten different conditions that may be present in such an area, with the tenth being the catch-all "any combination of such factors." The presence of these conditions was documented through physical observation as well as photographically documented during a site visit in February 2020, contacts with various City & County officials, and assessor file information. The area and its public infrastructure were then evaluated, and the numbers that correspond to the applicable characteristics in the definition were placed at the appropriate locations on the attached map. B. Open Land Area The definition of Section 50-2903(8)(c) cited above lists several of the same characteristics as Idaho Code Sections 50-2018(9) and 50-2903(8)(b) under the same or similar descriptions. "Diversity of ownership" is the saute, 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 apparently a combination of "a substantial number of deteriorated or deteriorating structures" and "deterioration of site or other improvements." The final term, "or otherwise," at least implies that a predominately open area shares some of the same characteristics as the previous definition of deteriorated area, Idaho Code Section 50-2903(8)(b). There is also an additional qualification that, "The provisions of Section 50-2008(d), Idaho Code, shall apply to open areas." Section 50-2008(d) lists the findings that the Council must make in the ordinance approving an urban renewal plan. In addition, this section lists the special findings that the Council must snake "if the urban renewal arca consists of an area of open land to be acquired by the urban renewal agency" There is one set of findings if the area of open land is to be developed for residential uses and a separate set of findings if the land is to be developed for nonresidential uses. Basically, such open land areas may be acquired by the Agency and developed for nonresidential uses if such acquisition is needed to solve various problems, associated with the Siphon Interchange West Area Eligibility Report r , Page 5 land or the public infrastructure, that have unreasonably delayed its development. These problems include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or another in the Section 50-2903(8)(b) definition of deteriorated area. The problems that are listed only in Section 50-2008(d)(4)(2) (the open land section, specifically for non-residential uses) include economic disuse, unsuitable topography, and "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." The conclusion of this discussion about open land areas is that such areas qualify if any of the standard 50-2018(9) anti 50-2903(8)(b) characteristics apply. But such areas also qualify if any of the problems listed only in 50-2008(d)(4)(2) apply. Clearly, lack of water and sewer facilities, a nonexistent or inadequate street system to facilitate development of the subject property, and lack of fire protection facilities are all conditions resulting in economic underdevelopment of the area or substantially impairing or arresting the sound growth of the City. The Report text that follows below discusses each of the applicable characteristics of a deteriorated area, as defined by Idaho Code Section 50-2903(8)(b.). Several of these characteristics, including diversity of ownership and predominance of defective or inadequate street layout, have exact or approximate counterparts listed under Section 50-2008(d)(4)(2), so their associated numbers, 6 and 2, may be used interchangeably. Other numbers, such as 4 (insanitary or unsafe conditions) and 9 (the existence of conditions which endanger life or property by fire or other causes), fit the broader characteristic of"any combination of such factors or other conditions which retard development of the area." As discussed above, the lack o['public infrastructure in the predominately open area is a significant factor in the underdevelopment of this area. Open land areas are designated with the words "Open Land." In Siphon Interchange West Area EtfgibH4 Report Page 6 addition, lack of public infrastructure in the open land area is designated by the words "Lacks Public infrastructure." C. Deteriorating/Deteriorated Area Characteristics The following is a listing of conditions found in the area by their corresponding numbers in the definition and a brief explanation of that condition and how it was evaluated and identified: 1. L A substantial -number of deteriorated or deteriorating structures. There are no structures in the supplemental study area. As a result, this criterion is not met. 2. (2) Predominance of defective or inadequate street layout. The proposed project area is open land with one two-lane road bordering it on the north. This road is inadequate to provide adequate access for development purposes of the 87 +/- acres. There are no interior roads on the subject property. As such, this constitutes an inadequate street layout and is shown by the number 162" on the map. 3. (3) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. The existing parcel is one large lot totaling 87.04 acres. Due to the size of the parcel, it is largely unusable until re -platted; hence a number "Y or `open land" appears on the map. 4. (4) Insanitary or unsafe conditions. There are several conditions existing within the supplemental study area that apply to this characteristic, Typical insanitary conditions include excessive amounts of junk, trash., and weeds in violation of City or County sanitation codes. Another insanitary condition occurs in areas that lack sanitary servers or where the sanitary sewer system has insufficient capacity to serve the area. The supplemental study area is a large open area, previously used for agricultural purposes. The closest sewer service terminates approximately '/ mile from the closest border of the subject property. The closest potable water is located over 113 toile from the closest boundary of the subject property. As such, no public water distribution or sewer collection service exists in the interior area of the subject property, and therefore, is insufficient to serve any future development. This is partially Siphon Interchange West Area Eligibility Report it.1:-! Page 7 due to inadequate street system and a faulty Iot layout described above. This is represented on the map by the number -4S.- 5. LZ Deterioration of site and other improvements. Site improvements include parking lots, sidewalks, curb R gutter, fences, and landscaping areas, basically things other than structures that make up a developed property_ The term "other improvements" is the place where public improvements such as streets, sidewalks, curbs, gutters, bridges, stone drains, parks, water mains, sanitary sewers are included. When the number "5" appears on the map in a street right-of-way it denotes those streets are deteriorated and lack site improvements as described. (6) Diversity of ownership. Typically, this characteristic is present when an area that needs to be redeveloped because of rundown buildings, is divided into a number of different ownerships. It could also occur where existing businesses are hindered in expanding because of the number of adjacent property ownerships. Multiple ownerships are more difficult for developers to assemble. This characteristic does not apply to the proposed area as the property is owned by a single entity. 7. (7) Tax and special assessment delinquency exceeding the fair value of the land. This characteristic does not apply to the proposed area. 8. (8) Defective and unusual conditions of title. As the property within the proposed project area is owned by a single entity, there is not issue of defective and unusual conditions of title. This characteristic is not met_ 9. 9 The existence of conditions which endanger life or property by fire and other causes. The primary foctis of this characteristic is inadequate fire protection Facilities, particularly fire hydrants for projected new development. This characteristic applies to the supplemental study area because adequate placement of fire hydrants does not exist within the interior of the subject property. Existing hydrants are indicated on the map with "9FH". Due to the lack of public water systems in proximity or within the supplemental study area, there is an existence of conditions which, if development occurs without such protection, would endanger life or property by fire or other causes. The lack of fire hydrants is typical throughout the entire Siphon Interchange West Area Eligibility Report Page B area. Therefore, a number "9F" appears on the neap throughout the area and indicates a lack of adequate Eire protection facilities. 10. (10) Any combination of such factors. This number is placed on all areas where two or more of the other characteristics are present. D. Effects of Present Conditions (a) Results in economic underdevelopment of the area. Field review and aerial photography confirm the current underdeveloped status of the area. (c) Retards the provision of housing accommodations or (d) constitutes an economic or social liability. In its current condition, the property in the supplemental study area is producing minimal property taxes. In addition, there is no public infrastructure serving the area. Hence such area tends to becorne an economic liability for the City. 3. e And is a menace to the nublic health safety, morals, or welfare in its present condition or use. The previous discussion has established that this area has had very slow to no growth and, as a result, has become a modest economic liability. In addition, the nonexistent fire protection facilities create a safety problem in the area. Accordingly, these conditions represent a menace or threat to the: public welfare or prosperity and safety of the community. E. Appropriateness of the Area for an Urban Renewal Project The second part of the City Council determination requires a policy decision that the area is appropriate for an urban renewal project. Note that part of the definition of an urban renewal project includes, "undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated and deteriorating areas." The subject property once annexed, will be subject to the provisions of City of Chubbuck Comprehensive Plan, Out- Valley, Our Vision, January 2002, with updates through June 2018. A finding that the area meets the definition of a deteriorating or deteriorated area would indicate that to comply with the provisions of the Comprehensive Plan the area would be appropriate for an urban renewal project. Siphon Interchange West Area Siphon Interchange West Area Eligibility Report Page 9 This Report has provided support for a finding that the Siphon Interchange West 2020 Supplemental Area constitutes a deteriorating or deteriorated area because of the presence of various conditions, most of which are related to the public infrastructure. The public infrastructure, particularly streets, water, sewer, and fire protection, are very inadequate to serve the needs ofplanned future development. Preparation and approval of an urban renewal plan, including a revenue allocation financing provision, would give the City an additional resource to help solve the public infrastructure problems in the proposed project area. In effect, property taxes generated by new development within the area can be used by the Authority to finance the needed public improvements to encourage more development. Finally, the new development would also generate additional jobs that would, in turn, benefit residents of the community. REVENUE ALLOCATION AREAS BASE VALUE The discussion of Base Value of existing and proposed Revenue Allocation Areas ("RAA") in the City present an interesting proposition. There are currently two existing RAA's within the city limits — The Pineridge Mall URD and the Central Chubbuck URD. There are additionally three proposed RAAs — Harvest Springs, Northside Crossing, and Hillcrest Heights. Prior to completing this 2020 supplemental report, a total of three eligibility studies were conducted on properties within or adjacent to the. City. As referenced at the beginning of this Report, two studies were conducted in 2018 and 2019 on properties west of 1-15. An additional study was completed in 2018 on properties cast of 1-15. The 2019 supplemental report utilized the estimated base values from the 2018 studies to determine whether base values of the proposed RAAs and larger study areas exceeded the statutory limit as listed in Idaho Code 50- 2903(15). EXHIBIT C shows the current values as reported on the Bannock County Parcel Viewer as of'the date of this Report. For those properties where an assessed value is not shown on the Bannock County Parcel Viewer certain assumptions have been made. The basis of these assumptions is looking at like properties located in lite vicinity of the various study areas and are identified in EXHIBIT C. Siphon Interchnnae West Area Eligibilky Report Page 10 Summary of Base Values Existing Revenue Allocation Areas Value Year of Valuation Central Chubbuck URD $13,3$2,652 2018 Pine Ridge Mall URD $36,163,800 2018 Proposed Revenue Allocation Areas Value Year of Valuation Hillcrests Heights $ 297,913 2019 Harvest Springs $ 293,089 2019 Northside Crossing $ 309,731 2019 2020 Supplemental Area $ I07,021 2020 Balance of Study Areas 2018 .Eligibility Report $4,291,406 2018 Total Base Valuation of existing and Proposed RAA's $50,975,612 Total Base Value of Existing R11A's, proposed [IAA's and the balance of previous study areas totals $54,886,175. The 2018 taxable value for the City was $779,359,220. As limited by Idaho Code 50-2903(15), the base value of all RAAs cannot exceed 10% of the taxable valuation of the City, or $77,935,922. As evidenced in this.calculation the current RAA's, the proposed RAA's and the balance of study areas already determined to be eligible for urban renewal development projects does not exceed the statutory limitation. CONCLUSION This report concludes that the Siphon Interchange West 2020 Supplemental Area as described in this Report constitutes a deteriorating or deteriorated area characterized by inadequate public infrastructure that is appropriate for urban renewal projects. Siphon Interchange West Area Eligibility Report Page 11 EXHIBIT A MAPS OF SUBJECT AREA Siphon Interchange West Area Eligibility Report '., Page 12 Siphon Interchange West Area Eligibility ReportPage 13 Siphon interchange West Area Eligibility Report page 15 E,XHIBIT B EXCERPTS OF IDAHO CODE DEFINITION OF DETERIORATING AREA, IDAfIQ CODE § 50-2018(9) AND DETERIORATED AREA, IDAHO CODE § 50-2903(8)(b) A deteriorating or deteriorated area is any area which by reason of the presence of (1) a substantial number of deteriorated or deteriorating structures; (2) predominance of defective or inadequate street layout; (3) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (4) insanitary or unsafe conditions; (5) deterioration of site or other improvements; (6) diversity of ownership; (7) tax or special assessment delinquency exceeding the fair value of CD the land; (8) defective or unusual conditions of title; (9) the existence of conditions which endanger life or property by fire and other causes; or (10) any combination of such factors, (a) (results in economic underdevelopment of the area);' (b) substantially impairs or arrests the sound growth of a municipality; (c) retards the provision of housing accommodations; or (d) constitutes an economic or social liability; and (e) is a menace to the public health, safety, morals, or welfare in its present condition or use; provided, that it Such deteriorating area consists of open land the conditions contained in the proviso in Idaho Code Section 50-2008(d) shall apply.= Provided, however, this definition shall not apply to any agricultural operation, as defined in Section 22- 4502(1), Idaho Code, absent the consent of the owner of the agricultural operation, except for an agricultural operation that has not been used for three (3) consecutive years.' 'This appears only in the revenue allocation statute. -This appears only in the urban renewal statute. 'This proviso was added to the urban renewal statute in 2006 by House Bill 735, as amended. Siphnn Interchange West Area Eligibility Report Page 17 Idaho Code § 50-2008(d) (d) Following such hearing, the local governing body may approve an urban renewal project and the plan therefor if it finds that (1) a feasible method exists 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 conforms to the general plan of the municipality as a whole; (3) the urban renewal plan gives 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 children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan will 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: 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) 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. DERNITION OF URBAN RENEWAL PROJECT, IDAHO CODE 4 50-2018(10) "Urban renewal project" may include undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal arca, or any combination or pant thereof in accordance with an urban renewal plan. Such undertakings and activities may include: (a) acquisition of a deteriorated area or a deteriorating area or portion thereof; (b) demolition and removal of buildings and improvements; (e) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, off-street parking facilities, public facilities or buildings and other improvements necessary for carrying out in the urban renewal area the urbann renewal objectives of this act in accordance with the urban renewal plan; (d) disposition of any property acquired in dbe urban renewal area (including sale, initial leasing or retention by the agency itself) at its fair value for uses in accordance with the urban renewal plan except for disposition of property to another public body; (e) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of building or other improvements in accordance with the urban renewal plan; (0 acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property; (g) acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration, or to provide land for needed public facilities; (h) lending or investing federal funds; and (i) constriction of foundations, platronns and other like structural forms_ Exhibit C EXISTING & PROPOSED REVENUE ALLOCATION AREAS BASE VALUE CALCULATIONS Siphon Interchange West Area Eligibility Report_ 1 E'fie ?c) �-�, p City of Pine Ridge Mall Eadrling 161161,611 Central Muhhu4k usurg 11.112,65'. Harvest Springs Pr4pm4d S 293.19 Hll rest Heights Pmperrd $ Mr91I Northside Crmsing Popmed 5 309.711 Pr�pos4d to $ 12,912 HrvesL spires IV 202051sppivme4tal Ye gsluaed In 267.55 5 793.11" Area NPrUuv(-_ S 107AIL Goel'rR Aaas Va1ue Balance of Pa -h 922 ny u[ in ZOM ER&Tity S 4,3]1,969 Study $ L752 RUPP, HAROLD LSR TRUST TOTAL BASE VALUE 112.06 5 51,711.00 S 461.46 S 54.1186,175 Base Value WOASheet Assumptions: For those properties highlighted in yellow, an assumption of an AG -Exempt value of 531229.56 per acre has been made. As these parcels have recently been split or combined due to sales or tether activity, they have not been reviewed and assessed by the Bannock County Assessor's office as of the date of this report Harms Springs Arras Vahia 5tAm rmprwemanu of Harvest Springs RPRCCPCO41700 255.41 S 210,157 S L091.36 S 260,157 Wrvest544ngr,)V APACCPM11600 11.08 $ 11,432 S 1,167.7s $ 12,912 HrvesL spires IV 1,229.56 267.55 5 793.11" 5 - S 293,0119 HakmaR isim Aaas Va1ue S/Acre impr4Yeme4u 922 ny u[ RPACCPCD42500 7.68 $ 1,752.00 S 17x34 $ L752 RUPP, HAROLD LSR TRUST RPRCCPCO43200 112.06 5 51,711.00 S 461.46 S 5L.711 RUPP, HAROLD LSRTRUST RPRCCPCO42100 25,RD S 3,996.00 5 1S4.11a 5 3.994 RUPP, HAROLD 1.511 TRUST RPRCCPC0436DO 35.23 S 3,069 -OD S B1.11 $ 3,069 RUPP, HAROLD L SA TRUST RPRCCPCO430M 16.07 $ 27,190.00 5 1.691.97 S 27,190 RUPP, HAROLD Ul TRUST RMCM0431011 24.76 S 179.480.00 5 7.13-163 S 179,080 RUPP, HAROLD LSA TRUST RPRCCPC0437n0 80.69 S 20,017.00 S 24&24 $ 10,027 RUPP, HAROLD L SH TRUST RPnCCPC043800 31.97 5 11,014M S 346.83 $ 11,089,00 RUPP, HAROLDLSAIRUST AMCMV5000200 334.45 S 297,913 5 919.80 S $ 297,913 NorUlssdYC.OssGy 51,rIIM In AY FR�h4ily SiYAd1 East of Hilina, West of Harvest Springs RPRCCPC04120G RPRCCPCD&4Op 31-57 5 40.046.77 S 1,729.56 $ 40,047 IVY LLC RPRMC1000509 6.411 $ 7,869,18 5 1,229.56 $ 7,669 Muc Will tMER NO 0.75 $ 922.17 5 3 asA $ 922 ny u[ RPRCCwC0419EA 98.A5 S 121,650.00 $ 1,229,56 S 123.050 Yost RMCPC047000 0.91 S 53,926.00 S 59,154 5 65,917 S 139,841 Y4sr RPACUC041609 2.40 5 - S RPRCCPCIMC600 $ - City RPR1R0305S507 8;.04 5 107,020.90 5 1,21956 $ 107,021 IVY lLC 0.57 5 27.689.00 $ 48,577.19 S 316,842.06 $ 344,$31.PU tnndl4y S 11e .475.03 i 85:117 S 416,752 evrceraneoen Panels 51,rIIM In AY FR�h4ily SiYAd1 East of Hilina, West of Harvest Springs RPRCCPC04120G 1-50 S 69,S4O.OD 5 46,360.00 S 176,272.00 S 245,762.110 Dural RPACCPC040011 1.19 S 45,421.00 5 38,16191 $ 45,42100 Dunn RPR3M3056213 25.16 S 30,935.73 S 1,M.56 5 30.935.71 Freed RPRCCPCO41400 15.37 5 68,74700 S 4.472.80 S 373.11MOD 5 447,666,00 Freed RPR38830562t4 7.83 5 9,627.45 S 3,129.56 5 9.627.45 Stoddard RPRCCPC0399M $ 774,412.18 Terra Venture Hoidings MFRCCFC039800 9.32 5 62,777.00 5 6,73573 $ 62,777.00 Tertaventurc RPRCCPCU40200 t1.38 S 80,713-0 $ 7,09153 $ 66,713,00 Terravenrure RPACCP D0300 4.33 S 26,994.00 5 5,113.39 5 26,904.00 Twr wrtlum RPRC017040500 9.68 S 62,777.00 S 6,46573 S 62,777.06 Terravenrure RPRCCPMIOMO 6-25 S 4'1,8413 00 S 7,174.40 S 44,84006 Tarraventure RPHCCPCO19600 L4.67 5 9R,s56.M $ 6,724.61 5 08,650 C6 TorravenLUre RPRCCPC0399M 16.56 5 71,744.00 $ 6,191-94 $ 71,744 A0 Terravenrure RPRCCPC039400 36.56 S 723,496.00 S 6,123-1 S 423,4901M Terravenlure RFRCCPC039200 MISS S 197,299.06 S 6.856.53 $ 197,299.00 ItOmWntune 5 869,194.00 Miscellaneow parcels RPRCCPM39108 74.78 $ 15,893.00 S 21253 $ 1S.893,00 Hart APRCCPCD41100 0.57 S S city RPRCCK040900 1,58 S - 5 - Gey RPRCCPCD40M 1-84 5 S - City RPRCCPCIMC600 3.85 5 129,463-0 S 33.53L95 S 6,721,00 5 136.204M Scardino RPRCCPC646700 7.81 S 149,360.00 5 19,12430 S 239,778.00 S 389,138.00 Scardino: RPRCTV5000L01 U51 5 45,116.60 5 88.4rri75 S 236,569.00 S ]$1.62500 Heiner RPRCTV50002LV 0.57 5 27.689.00 $ 48,577.19 S 316,842.06 $ 344,$31.PU tnndl4y RPRCTV50003M 0.54 S 41493.60 5 80,542.59 S 126,716-00 5 170,231'1.00 ThnOws RPRCSVM302 0.36 5 21.754.00 5 60,427.78 $ L61O.00 S 23.374.06 Hndlay RPRCBECMIDI 6.75 S 48,119.00 S 64,-14867 5 357,459.00 5 310,578.00 WIllams RPRCBE0006107 0.75 S 48,[19,00 5 64.-158,61 $ 255,679.00 $ 363,798.00 Perklnl RPRCHCOODO202 0.98 5 61,772,M S 63,037.65 5 336,75200 5 398,57400 Burnham RPRCBECOOO201 0.46 S 48,24700 $164,884.78 5 266,242-00 S 314,489.00 Wells Fatgp AMCMV5000200 071 S S - City APRCMVSMOID0 0.85 S - 5 Clty GARDEN DR D41 $ - 5 - City RPRCSCV000306 0.24 S - S City S 2.680,363.60 4842-4467-5768, Y. 1 Exhibit D RESOLUTION NO. 2020- 7 - BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CI'T'Y OF CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT" AUTHORITY: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAI-10 A/K/A CHUBBUCK DEVELOPMENT AUTHORITY, ACCEPTING THAT CERTAIN SUPPLEMENTAL URBAN RENEWAL ELIGIBILITY REPORT CONCERNING THE ELIGIBILITY OF CERTAIN PROPERTY ADJACENT AND CONTIGUOUS TO THE 2018 AND 2019 STUDY AREAS REFERRED TO AS THE SIPHON- NORTHGATE INTERCHANGE WEST AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE SUPPLEMENTAL AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AU'T'HORIZING AND DIRECTING THE CHAIR, VICE -CHAIR OR AGENCY ADMINISTRA'T'OR TO TRANSMIT THE SUPPLEMENTAL REPORT AND THIS RESOLUTION TO THE CITY COUNCIL OF THE CITY OF CHUBBUCK REQUESTING ITS CONSIDERATION FOR DESIGNATION OF AN URBAN RENEWAL AREA AND SEEKING FURTHER DIRECTION FROM THE CITY COUNCIL SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority, 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 Chubbuck, Idaho, hereinafter referred to as "Agency," WHEREAS, by Resolution No, 4-92, dated April l I, 1992, the. City Council (the "City Council") of the City of Chubbuck, Idaho (the "City") created an urban renewal agency, pursuant to the Law; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the -1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act. WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the RESOLUTION NO. 202U- • ! geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHERE -AS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as "Bannock County") entered into the Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers ofthe properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the I992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment''), which sought to deannex parcels from the 1992 Project Area commonly referred to as the "Old CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mall Plan"); WHEREAS, following said public hearing, the City Council adopted. its Ordinance No_ 759 on August 3, 2016, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the Agency retained J Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 650 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the "Study Area'); RESOLUTION NO. 2020- - WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 (the "2018 Stud)"), which examined the Study Area for the purpose of determining whether such area was a deteriorating; area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency on November 20, 2018, by way of Resolution No. 2018-03, accepted the 2018 Study and authorized the Agency Chair to submit the Resolution and 2018 Study to the City Council for its consideration; WHEREAS, the City Council on or about December 5, 2018, adopted and approved Resolution No. 2018-12 landing the Study Area described in the 2018 Study was a deteriorated area acid/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan; WHEREAS, after adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional area: WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West Urian Renewal Area, 2019 Supplement, dated August 2019 (the "2019 Study"), which examined two additional open land parcels total ing approximately 75 acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road and west of Interstate 15 (the "Supplemental Study Area"), for the purpose of determining; whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Cade Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2019 Study was submitted to the Agency, and the Agency on August 2019, by way of Resolution No. 2019-__., accepted the 2019 Study and authorized the Agency Chair to submit the Resolution and 2019 Study to the City Council for its consideration; WHEREAS, the City Council on or abota August _, 2019, adopted and approved Resolution No, 2019_ finding the Study Area described in the 2019 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan. WHEREAS, after adoption of Resolution No. 2019- by the City Council, a property owner requested that additional property adjacent and contiguous to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; RESOLUTION NO. 2020- -3 WHEREAS, in February 2020, the Agency retained Uurivest Policy Advisors and authorized Brent Tolman to commence an eligibility study and preparation of an eligibility report of an area approximately 87 acres in size generally located at the southeast intersection or yhee Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls. The property is bordered by the UPRR Mainline on the west, Tyhce Road on the north, bordered on the east by a line of longitude at approximately 112°.27'.23.00" W and bordered on the south by a line of latitude at approximately 420.56'.25.00" N. (the "2020 Supplemental Study Area"), WHEREAS, the Agency has obtained a supplemental eligibility report entitled Siphon Interchange West Supplemental Urban Renewal Eligibility Report, dated March 5, 2020 (the "2020 Study"), which examined the 2020 Supplemental Study Area, for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2020 Study has been submitted to the Agency, a copy of which is attached hereto as Exhibit A; WHEREAS, under the Law and Act, Idaho Code Sections 50-2903(8)(0 and 50-2018(8) and (9), the definition of s deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the 2020 Study includes a parcel subject to such consent. While the necessary consent has not been obtained, any consent shall be obtained prior to City Council consideration of any urban renewal pian; 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, Idaho Code §§ 50-201$(9), 50-2903(8) and 50-2008(d) list additional conditions applicable to open land areas, including open land areas to be acquired by the Agency; WHEREAS, the 2020 Study 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, pursuant to Idaho Code § 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 a deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; RESOLUTION NO. 2020- -4 WHEREAS, Idaho Code § 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, the Agency Board finds it in the best public interest to accept the 2020 Report. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAI IU, A/K/A CHUBBUCK DEVELOPMENT AUTHORITY, AS FOLLOWS: Section 1. That the above statements are true and correct. Section 2. That the Board acknowledges acceptance and receipt of the 2020 Study. Section 3. That there are one or more areas within the City that are a deteriorating area or a deteriorated area, or a combination thereof. as defined by Idaho Code §yS 50-2018(9) and 50-2903(8). Section 4. That one such area is an area approximately 87.04 acres in size generally located at the southeast intersection of Tyhee Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls. The property is bordered by the UPRR Mainline on the west, Tyhee Road on the north, bordered on the east by a line of longitude at Approximately 112'.27'.23.00" W and bordered on the south by a line of latitude at approximately 42°.56'.25.00" N. Section 5. That the rehabilitation, conservation. development, and redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of the City. Section 6. That the Chair or Vice -Chair of the Board of Commissioners or the Agency Administrator is hereby authorized to transmit the 2020 Study to the City Council requesting that the City Council: a. Determine whether the Supplemental Study Area identified in the 2020 Study qualifies for an urban renewal project and justification for designating the area, as appropriate, for an urban renewal project; b. If such designation is made, whether the Agency should proceed with the preparation of an urban renewal plan or plans for the area, which plan or plans may include a revenue allocation provision as allowed by law; c, Coordinate with the Agency to obtain the required agricultural operation consent from the property owner. RESOL(ITION NO. 2020- -5 Section 7. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Urban Renewal Agency of the city of Chubbuck, Idaho. on 1,A 2020, Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on Apr44_JB, 2020. APPROVED: a' ATTEST: By kw� q-t/� Secretary 4824-0849-1704. v 1 RESOLUTION NO. 2020- -6 CONSENT FORM COMES NOW Kent Yost, Partner of JYY LLC, an Idaho limited liability company, and states that JYY LLC owns that certain properties generally described as Parcel Identification Number: RPRCCPC044000, RPR3803055507, and RPRCCPC041900 and more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"), and hereby certifies: (1) that the Property has been used, within the last three (3) years, as an agricultural operation; and (2) that the undersigned has reviewed the materials provided in Exhibit B, and has had an opportunity to review the urban renewal cligibility,s portiida)pd October 2018, entitled Eligibility Study for Siphon Interchange West UrbatE cAeV JV or the Chubbuck Development Authority, prepared by Renee Magee, Hod- ssotcf e�, fid as attached hereto as Exhibit C. w {PAT py �_ ELtbt.ett =_ Further, Kent Yost, as Partner of said JYY LLC,ljere f ruvaitles is/h& consent and approval that the subject Property may be included withikpro used •urhan renewal area, and may be deemed appropriate for inclusion within an urban reftey�ar sz'a ct drea as defined by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 54, Idaho arid, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended, as the property possesses certain characten tics of eligibility. p DATED this � day of August, 2020. JYY LLC Name: Title: fes_ STATE OF IDAHO ) ) ss: County of Bannock ) On this _I day of August, 2020, before me, a notary public in and for said state, personally appeared Kent Yost, known or identified to me to be the member ofJYY LLC, an Idaho limited liability company, the person who executed the instrument on behalf of said limited liability company as said member of said limited liability company, and acknowledged to me that such limited liability company executed the same. 1N WITNESS WHEREOF, I have hereunto set my day and year in this certificate first above written, *OTA4,0 Na.11173 �06LI H0 and affixed my official seal the Residing A My Commi aho EXHIBIT A LEGAL DESCRIPTION OFFICIAL RECORD BKS 0 FEE 404 DEPUTY JM BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF First American Tille - Pocatello 22008048 2020 May 15 PM 04:24 AFTER RECORDING MAIL TO: ElectmicalyRecorded bySimpllle JYY, LLC 416 S. 4th Ave. Pocatello, Id 83241 THIS INSTRUMENT FILED FOR RECORD BY FIRST AMERICAN TITLE COMPANY AS AN ACCOMODATION ONLY AND HAS NOT BEEN EXAMINED AS To ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE QUITCLAIM DEED File No,: 893571-P (er) Date: May 15, 2020 For Value Received, Kent L. Yost and Emiiee M. Yost, husband and wife and R. David Jackson and Roxanne Jackson, husband and wife, do(es) hereby convey, release, remise, and forever quit claim unto M, LLC, an Idaho limited liability company, whose address is 416 S. 4th Ave., Pocatello, Id 83201, herein after called the Grantee, the following described premises situated in Bannock County, Idaho, to -wit: Legal description attached hereto as Exhibit A, and by this referenced incorporated herein. together with its appurtenances. Dated:41 Page l of 4 R. David lacks Z]-G,,L kA � Instrument: 22008048 Page D STATE OF Idaho ? ss. COUNTY OF Bannock ? On this�„�;,+Qg of May, 2020, before me, a Notary Public in and for said State, personally appeared KenW-00 s !' +miiee M. Yost known or identifiedperson whose name(s) are Sa"91A��tIt aff* *instrument, and acknowiedgeuted t same, 'ARY ; ge pUi3l, = i •: 4ti`¢;•g; NO 1 slcis i ocatew O ..+•' Cpm Comm n Expires OW&V02s STATE OF Idaho ss. COUNTY OF Bannock On this a day of May, 2020, before me, a Notary Public in and David Jackson and Roxanne Jackson, known or en name(s) are subscribed to the within instrument, and pck�gey� wie$0c Expires: OTA %;:�. • +fes • w • • z UBLIC,+❑p tp �ir'q •+•r••++ 4: OF Ip said State, personally appeared R. mbe the person(s) whose rrtj*_t�A they Oecuted the same. InstrUglent: 22008048 Page:@ EXHIBIT A PARCEL 2.- A :A PORTION OF LAND LOCATED IN THE W3/2 NW1/4 AND THE NW1/4 SW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, LYING WEST OF THE HILINE CANAL. EXCEPTING THEREFROM LANDS OF MELVILLE W. AND ORA L. JENSEN, DESCRIBED IN INSTRUMENT NO. 404884 AND 678164, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 3S, TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M.; THENCE SOUTH 36°07' EAST, 1450.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 84057' EAST, 174.50 FEET; THENCE SOUTH 12°01' WEST, 251.00 FEET; THENCE SOUTH 89°57' WEST, 138.00 FEET; THENCE NORTH 01°26' EAST, 261.30 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE LANDS OF HAROLD L. AND VEDA J. RUPP, DESCRIBED IN INSTRUMENT NO. 393016 AND 772341, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., THENCE SOUTH 36°07' EAST, 1450.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01°26' EAST, 241.0 FEET; THENCE SOUTH 87°36' EAST, 210.0 FEET; THENCE SOUTH 12°01' WEST, 259.00 FEET; THENCE NORTH 84°59' WEST, 174.50 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: PART OF THE NW'/a SW'/4 SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS.- COMMENCING S:COMMENCING AT THE SW CORNER OF SAID SECTION 35; THENCE N 00014'09" E 1323.84 FEET ALONG THE WEST LINE OF SAID SECTION 35 TO THE SW CORNER OF SAID NWI/4 SW'/4, FROM WHICH THE WEST 1/4 CORNER BEARS N 00°14'09" E 1323.84 FEET; THENCE ALONG THE SOUTH LINE OF SAID NW'/a SW'A S 89046'40" E 750.97 FEET TO THE POINT OF BEGINNING: THENCE N00013'20" E 248.31 FEET; THENCE S 89046'40" E 407.46 FEET TO THE CENTERLINE OF THE FORT HALL MAIN CANAL; THENCE ALONG SAIL] CENTERLINE S 05046'10E 2549.67 FEET TO A POINT ON THE SOUTH LINE OF SAID NW'/4 SWIA; THENCE ALONG SAID SOUTH LINE N 89046'40" W 433.52 FEET TO THE POINT OF BEGINNING. RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company 223 North 15th Avenue Pocatello, ID 83201 File No.: 873546-P (ap) OFFICIAL RECORD BK# 0 FEE 15,1)0 DEPUTY JB BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF First American Tiile - Pocatelio 22002188 2020 Feb 06 AM 10:22 Electronicaliy Recorded by Simplifile WARRANTY DEED Date: February 03, 2020 For Value Received, ]]AR Investment, L.L.C., an Idaho limited liability company, hereinafter f / called the Grantor, hereby grants, bargains, sells and conveys unto ]YY, LLC, an Idaho limited (� L` liability company, hereinafter called the Grantee, whose current address is 13982 Rio Vista Rd, Pocatello , ID 83202, the following described premises, situated in Bannock County, Idaho, to -- r, -� wit: Legal Description attached hereto as Exhibit A, and by this referenced incorporated d herein. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. v TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. JJAR Investment, L.L.C. , an Idaho limited liability compan r r' By: D Dame: John P. Marshall Title: Member & Manager STATE OF Idaho S5. instrument: 22002188 Page:O COUNTY OF Bannock ) c?fi,- On this FXrth day of February, 2020, before me, a Notary Public in and for said State, personally appeared John P. Marshall , known or identified to me to be the person whose name is subscribed to the within Instrument as one of the Managers/Members of the]JAR Investment, LLC , which is known or identified to me to be the entity whose name is subscribed to the within instrument and acknowledged to me that he executed the same in said Limited Liability Company's name. MELISSA RA$CHKE Notary P*Iic of Idaho COMMISSION #25470 Residing at: Pocatello, Idaho NOTARY PUBLIC STATE OF IDAHO X Commission Expires: MY COMIAISSION EXPIFIES 02IU 4(WO EXHIBIT A PARCEL 1: Instrument: 22002188 Page:O A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERI❑IAN, BANNOCK COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 34, SAID SOUTH 1/4 CORNER BEING A 1/2" IRON PIN; THENCE SOUTH 89051'08" EAST, ALONG THE SOUTH LINE OF SAID SECTION 34, 29.15 FEET, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF YELLOWSTONE HIGHWAY; THENCE NORTH 0001'13" WEST, ALONG SAID EASTERLY RIGHT- OF-WAY, 1751.41 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING MARKED BY A 1/2" IRON PIN TAGGED LS 968: THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY OF YELLOWSTONE HIGHWAY NORTH 0001'13" WEST, 1726.01 FEET TO A 1/2" IRON PIN TAGGED LS 968; THENCE SOUTH 89°31'57" EAST, 2623.66 FEET TO THE EAST LINE OF SAID SECTION 34, AND BEING MARKED BY A 1/2" IRON PIN, TAGGED LS 968; THENCE SOUTH 001100'00" EAST ALONG SAID EAST LINE 1726.00 FEET TO A 1/2" IRON PIN TAGGED LS 968; THENCE NORTH 89031`57" WEST, 2623.05 FEET TO THE POINT OF BEGINNING. EXCEPT: A 100 FOOT UNION PACIFIC RAILWAY RIGHT-OF-WAY. ALSO EXCEPT: ALL THAT PROPERTY LYING WEST OF THE UNION PACIFIC RAILWAY RIGHT- OF-WAY. PARCEL 2: A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 34, SAID SOUTH 1/4 CORNER BEING A 1/2" IRON PIN; THENCE SOUTH 89051'08" EAST, ALONG THE SOUTH LINE OF SAID SECTION 34, 29.15 FEET, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF YELLOWSTONE HIGHWAY; THENCE NORTH 0001'13" WEST, ALONG SAID EASTERLY RIGHT- OF-WAY 3477.42 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING MARKED BY A 1/2" IRON PIN TAGGED LS 968: THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 0001'13" WEST 1786.49 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TYHEE ROAD, THE SAME BEING MARKED BY A 1/2" IRON PIN TAGGED LS 968; THENCE SOUTH 89059'44" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY, 2624.31 FEET TO THE EAST LINE OF SAID SECTION 34 AND BEING MARKED BY A 1/ 2" IRON PIN TAGGED LS 968; THENCE SOUTH 00000'01" EAST, ALONG SAID EAST LINE, 1807.68 FEET, TO A 1/2' IRON PIN TAGGED LS 968; THENCE NORTH 89031'57" WEST, 2623.66 FEET TO THE POINT OF BEGINNING. EXCEPT: A 100 FOOT UNION PACIFIC RAILWAY RIGHT-OF-WAY. ALSO EXCEPT: ALL THAT PROPERTY LYING WEST OF THE UNION PACIFIC RAILWAY RIGHT- OF-WAY. OFFICIAL RECORD BK# 0 FEE 16.00 DEPUTY JM BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF First American Title - Pocatello 0_7130 21991469 2019 Feb 01 PM 03:08 Electronically Recorded by Simplifile WARRANTY DEED THIS INDENTURE, made this Ist day of February, 2019, between JJAR Investment, L.L.C., an Idaho limited liability company, whose address is 480 Tewa Ave., Pocatello, lU 83204, herein designated as "Grantor" and JYY, LLC, an Idaho limited liability company, whose address is 416 S. 4' Ave., Pocatello, ID 83201, herein designated as "Grantee": Grantor, for valuable consideration, does by these presents, Grant, Bargain, Sell and Convey and Confirm unto Grantee and its heirs or assigns forever, the following described premises in the County of Bannock, State of Idaho, bounded and more particularly described as follows, to -wit: See, Exhibit "A " attached hereto and by this reference made a pard hereof Together with all and singular, the tenements, hereditaments and appurtenances thercunto belonging or in anywise appertaining, and the rents, issues and profits thereof. TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs or assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. IN WITNESS WHEREOF, the said Gac�e��L s hereunto set hand and seal the day and year first above written, . Dated: 2 • I • Zo 19 �.l3c,. Marshall, Member & Manager Dated: Dated: Dated: Warranty Deed Page I Record le tr nicatlly !D rff D2le T", 5implif'e.com 800.460.5857 WARRANTY DEED THIS INDENTURE, made this 1st day of February, 2019, between JJAR Investment, L.G.C., an Idaho limited liability company, whose address is 480 Tewa Ave., Pocatello, rD 83204, herein designated as "Grantor" and JYY, LLC, an Idaho limited liability company, whose address is416 S. 4"Ave., Pocatello, ID 83201, herein designated as "Grantee": Grantor, for valuable consideration, does by these presents, Grant, Bargain, Sell and Convey and Confirm unto Grantee and its heirs or assigns forever, the following described premises in the County of Bannock, State of Idaho, bounded and more particularly described as follows, to-wit: See, Exhibit "A " attached hereto and by this reference made a part hereof Together with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the rents, issues and profits thereof. TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs or assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. IN WITNESS WHEREOF, the said GrantKPMarshall, unto set hand and seal the day and year first above written. J(::e��L �., pDated: ✓1 • � { 9 "'"�►, w1e�►6er ! h�� r Member & Manager Dated: Dated: Dated: Warranty Deed Page i STATE OF IDAHO ) ss County of - o� ) 5{" On this day of February, 2019, before me, the undersigned Notary Public in and forsaid County and State, personally appeared John P. Marshall, known or identified to me to be the member of JJAR Investments, LLC, the Idaho limited liability company that executed the foregoing instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he executed the same on behalf of )JAR Investments, LLC. IN WITNESS, I have hereunto set my hand and affixed my o cia day and year in this certificate first above written. AMBER PUFALL `--�--- COMMISSION #48899 NOTARY PUBLIC NOTAR PUSLI Idahq (SEAL) STATE OF IDAHO Residing at: C A4 FW,0,0MMk5810N EVIRES 12/3112024 Commission Expires: STATE OF IDAHO ss County of On this __ day ofFc ary, 2019, before me, the undersigned Notary Public in and for said County and State, personally appeared known or identified to me to be the member of JJAR Investments, LLC, the Idaho limited liabi company that executed the foregoing instrument, and being by me first duly sworn, declared that the statements therein are e, and acknowledged to me that she/he ecuted the same on behalf of JJAR Investments, LLC. IN WITNESS, I have hereunto set my hand a xe official seal the day and year in this certificate first above written. INOTARY PUBLIC for 1 (SEAL) Residing at: Commission Expires: STATE OF IDAHO ss County of On this day of February, 2019, before me, the undersigned Notary Public in and for said County and State, personally appeared__known or identified to me to be the member of JJAR Investments, LLC, the Idaho ited liability company that executed the foregoing instrument, and being by me first duly sworn, declared that the staters therein are true, and acknowledged to me that she/he executed the same on behalf of JJAR investments, LLC. IN WITNESS, I have hereunto set my has d affixed m tat sea] the day and year in this certificate first above written. (SEAL) Warranty Deed Page 2 NOTARY PtRk1,C for Idaho Residing at: Commission Expires: STATE OF IDAHO ss County of On this day o bruary, 2019, before me, the undersi ed Notary Public in and for said County and State, personally appeared _ _ /aciowlcdged n or identified to me to be the member of JJARInvestments, LLC, the Idaho limited dity company the foregoing instrument, and being by me first duly sworn, declared that the statements therei a true, ato me that shelltc executed the same on behalf ofJJAR Investments, LLC. 1N WITNESS, I have hereunto set my ha and txcd my official seat the day and year in this certificate first above written. (SEAL) Warranty Deed Page 3 NOTARY PURUC for Idaho Residing at: Commission Expires: EXHIBIT "A" LEGAL DESCRIPTION - PARCEL ] R.EV[Sfr> fR NA IN.St_ N0, 2100S389 A PAF(.EL d?F LAND LOCATED IN THE SOUTHEAST 1 jd (IT SECTION 34, TOWNSHIPS SOUTH, RANGE 34 FAST, DOISE MERIDIAN, BANNOCK COUNTY. IDAHO DESCRIBED AS FOLLOWS: COMMENCING A7 THE SOUIHEASI CORNER OF SECTION 34. BEING MONUIr1t NTEN&YA 518" IRON ROD vh'ITH ALUMINUM CAP AS DESCR iRFDPER CORNEA PER PE TUAfION RECORDED AS IN STRUMENT NO. 2121174/8 IN THE: OfFICIA1 RECORDS OF BANNOCK COUNTY; THENCE NORTH 1)'14'09" EAST, ALONG THE EAST LINE Of SFCT ION 34, A DISTANCE OF 30.00 iEET TO A POINT ON THE NORTH RIGHT -OF -WAV LINE OF SIPHON RDA!), SAID POINT BEING THE POINT OF BEGINNING. 7`110 :E N*RTH 89-3G'4V ZEST, ALONG THF NOR III AIL, III OF -WAY LINE OF SIPHON ROAD, BEING PARALLEL MTH ANIB 30.00 F FET NORTm OFTIIE SOUTH LINE. OF SECTION 34, A. DI5TANCE OF g82.r4 TfET 10 A POINT ON THE EAST BOUNDARY IINE: OF A ]OD.ODFOOT UNION PACIF€I. RAILWAY RIGHT-OF-WAY, SAID POINT ALSO SLING IOD 00 FEET EAST OF THF EAST BOUNCARW LINE OF: Ilft N68TIISME PLAllA SUBNVISION, h SLIBDIVISION RECORDED AS INSI RUPOEEJT NO. 621576 IN THE OF FICIA 1. RECORDS Or BSN NOCK COUNTY; 7HENCL NORTH 1'11'54" WEST, ALONG THF. FAST HOUNDARY LINE OF THE UNION PACIFIC RAILWAY RIGHT -OF -OKAY EINE, THE SAME BEING PARALI.EL WITH AND 100..00 FLET EAST OF IIt E. EAST 80uNFiAFiY CINE Of THE NORTH.SInf 1%I AIA YJANV1SION, A DISTANCE OF 1733.1E FEET; THENCE SOUTH 89'17-33' EAST (REC.ORL`LD A5 SOUTH 89"31'57" EAST PER INST. NO. :1(1+5389) A DISTANCE OF 1025.65 FEET TO A POINT ON THE EAST LINE OF SECTION 34; THENCESOUTH 0`14'09" WEST {RECORDED AS SOUTH W0(y01" EAST PER INST. NO. 21005389), ALONG, THE EAST LINE OF SAID SECTION 34, A OtSTANCE OF 1706.78 (RECORD(D A'5 1726 6() FEET PER INST, NO. 71005369) TO THE POINT OF BEGINNING. SAID FARCE L CONTAINS 31.41 ACRES. MORt OR LESS.. And excepting therefrom the area platted as Northside Crossing- DiViSiOn 1 as described on the plat (attached) Warranty Deed Page 4 CURVE TABLE RADII 0 ARGTANGENT CHORD CHAKO LENGTH BEARING DISTANCE Cl I 20.W 80.09'07- I MAT 1 20.06 S46"1BY3'W 28.12' G2 20.00 89'50'63' 31.w' 19.96 NM'41'1TW 2825 m gA wo6ib 2z §S9 2 rw 2 r F 9 3 �— SOUTH 1N CORNER OF SECTION 34. FOUND IM MONUMENT N VAULT AS DESCRSED IN CP d F INST 140, 21t1IB72 NORTHSIDE CROSSING - DIVISION 1 LOCATED IN THE SOUTHEAST 'A OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO BEARINGS AND DISTANCES PER NORTHSIDE PLAZA SUBDIVISION PLAT (RECORD INST. NO 871578) BEARINGS AND DISTANCES PER TAILWIND SUBoIV181pN PLAT (RECORDINST NO 207771681 7� BEARINGS AND DISTANCES PER RECORD OF SURVEY FOR GLEN MARSHALL IRECORD INST NO.9401499D1 .--an BEARINGS AND DISTANCES PER RECORD OF SURVEY FOR MIKE: HOEHNER(RECORD FIST NO 20y1971a1 ala, BEARINGS AND DISTANCES PER CONTROL RECORD OF SURVEY FOR 111E CTTY OF CHUSBUCK (RECORD INST NO. 20915191) BEARINGS AND DISTANCES PER CORRECTION WARRANTY DEED (RECORD INST NO. 2/0067881 JYY. LLC SEE RECORD Of INST No 21981469 SURVEY FOR LYN YOST INST NO 21903707 Ncrfs 1 EASE74ENTS ARE 10 WIDE AND ARE FOR PUBLIC UTILITIES. DRAINAGE AND ROADWAY SLOPES UNLESS OTHERWISE NOTED 2. WITNESS MONUMENTS FOUND W NORTH OF THE SECTION LINE AS DESCRIBED PER RECORD OF SURVEY FOR LYN YOST (RECORD (FIST NO. 21903767) 3 TEMPORARY PUBLIC UTILITY EASEMENT FOR INSTALLATION AND MANTERANCE OF PUBLIC UTILITIES INCLUDING PRESSURIZED IRRIGATION SERVICE LINES THE EASEMENT WILL tERMINATE AFTER THE NEXT SUBDIVLSION IS COMPLETED, INCLUDING ACCEPTANCE BYTHE CITY OF ALL ROArwAY IMPROVEMENTSAND RECORDING OF THE PLAT IF SAID ADJACENT SUBDIVISION THIS TEMPORARY EASEMENT IS RECORDED IN THE OFFICIAL RECORDS OF SANNOCK COUNTY UNDER MT. NO -,15_( /_ I o' I 34 EAST 114 CORNER of SECTION 34. FOUND 112' RESAR WITH PLASTIC CAP $TAMPED 18 2341- AS DESCRIBED IN CP 1 F INST, NO. 2D52O948 �I �I 55' WIDE TEMPORARY PUBLc UTILITY EASEMENT W-LuowG PRESSURIZED IRRIGATION (SEE NOTE 31 r- s 99'3W 4- E L20 DO' f I 1a wIDE PUBLIC. I UTILITY EASEF.arN r N I 10 WIDE PUBLIC z I I UTILITY EASEMENT I II _100 WIDE RAILROAD 1 RIGHT -0F -WAY I I wig F p� I a-w44�a I bl � I RANDY MERICA ANO TERESA MERICA INST NCI 995747 SECTION CORNER ASM07CD + FOUND 714 CORNER AS NOTED Q z�I I FAJNLifBF4 6118 BLOCK 1 p FOUND IR" REBAR WITH NO CAP PER I 'I I i r I NORTHSIDE PLAZA SUSDNI6K]N SOUTH Il4 CORNER PER CITY OF CNUBSUCK DATUM BASED ON FOUND Irt REBAR WITH PLASTIC CAP 1 D2r 10 W IDE PUBLIC TILITY EASE— -40W FOR MIKE HOEHNER INST NO 2051977)) I X49-----`.."j__NBY36'M"W FOUND SIB` REBAft WITH NOCAP PER C1' NORTHSIDE PLAZA SUBDIVISION !Fl yp7E 71 620.00'---- RECORDING INSTRUMENT NUMBER 'RMES PELS 2341" PER TAILWIND SUBDIVISION - N 89'36'A4- W I STAMPED 1U,IES PELS 2347" PER RECORD OF eA618 CF BEAw— 720.OD' 100 D SO 1 SET 516' x 24' REBAR WITH 71 ALUMINUM CAP 188E r107a )POI MT OF BEGINNING - — (07J ft[t.Yit'6 lawvs4 Ao9� tN4r4r+4-w adm+s. Nu - - 30WIDE RIGHTS -WRY RANDY MERICA ANO TERESA MERICA INST NCI 995747 SECTION CORNER ASM07CD + FOUND 714 CORNER AS NOTED Q CALCULATED POSITION. FAJNLifBF4 6118 NOTHING FOUNDOR SET. p FOUND IR" REBAR WITH NO CAP PER # I , NORTHSIDE PLAZA SUSDNI6K]N SOUTH Il4 CORNER PER CITY OF CNUBSUCK DATUM BASED ON FOUND Irt REBAR WITH PLASTIC CAP ® STAMPED'LS tW4Y PER RECORD OF SURVEY qI� FOR MIKE HOEHNER INST NO 2051977)) IS FOUND SIB` REBAft WITH NOCAP PER JVOR11V NORTHSIDE PLAZA SUBDIVISION © FOUND 59' R£SAR WITH 7 ALUMINUM CAP STAApEA RECORDING INSTRUMENT NUMBER 'RMES PELS 2341" PER TAILWIND SUBDIVISION FOUND SIB' REBAR WITH TALUMINUM CAP I STAMPED 1U,IES PELS 2347" PER RECORD OF LOCATED IN THE SOUTHEAST 114 OF SECTION 34 SURVEY FOR KENT YOST {INST NO 21903707( 100 D SO 1 SET 516' x 24' REBAR WITH 71 ALUMINUM CAP 188E r107a )POI MT OF BEGINNING STAMPED "RMES PELS 23Av BLOCK T SUBDIVISION LOT I BLOCK NuM6ER (07J ft[t.Yit'6 EXISTING SUBDIVISION LOT I BLOCK NO - - SUBDIVISION BOUNDARY LINE W 94 �% rR _ SUBDIVISION LOT LINE — - — - — - — STREET CENTERLINE -- - SECTION LINE - - - - - -- - - - - EASBMENTMDELINE - — — — - EXISTWIS EASEMENT SIDELINE REVt51ONS SU VEYEO BY JUK, SRM. JCE ADJACENT BOUNDARY LINES I � FAJNLifBF4 6118 #' THE SOUTH LINE OF SECTFON 3A WAS ASSUMED TO BE NORTH 69`36'44• WEST BETWEEN THE SOUTHEAST CORNER AND THE # I , SOUTH Il4 CORNER PER CITY OF CNUBSUCK DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE qI� COORDINATE SYSTEM Nx 60 JVOR11V � � �Sy I I RECORDING INSTRUMENT NUMBER NORTHSIDE CROSSING - OMSION 1 I pRfA4/C /C.42t LOCATED IN THE SOUTHEAST 114 OF SECTION 34 100 D SO 1 TOWNSHIP 5 SOUTH, RANGE 34 EAST. BOISE 188E r107a )POI MT OF BEGINNING BANNOCK COUNTY, IDAHO N )'74'118' E 30.00' _ IwA+s11 1 �riCh - 100 '%'��yMERID'�AN. "M� SOUTHEAST CORNER OF j'. 6ECTiON 31, FOUND ALUMINUM W 94 �% rR _ i4�pJm�r� • lniwynrr • PNmwr %�� CAP MONUMENT AS DESCRIBED eq ? 4ry�� p�ivwtapnlJrmm4o IN CP s F INST NO. 212!1746 Otto 3410 REVt51ONS SU VEYEO BY JUK, SRM. JCE • 0 1. ICE WORK BY: JC, SOB tT �_0 2, PROJECT ND 15031 DATE: OCTOBER 2019 DRAWING. R i171YO$T R I ROSING • 171203VRVHVY M 3 NORTHSIpE CROSSING FP.DYIG % . _.... ._ SCALE )INCH=IW FEET SHEET I OF ROI/XOART 0ESc/pPT/D1V A PARCEL OF LAND LOCATED IFI THE SOUTHEAST IR OF SECTION 34, TOWNSHIP 5 SOUTH. RANGE 34 EAST, BOISE MERIDIAN. BANNOM COUNTY, IDAHO. CIESCHiBED AS FOLLOWS' COMMENCING AT THE SOUTHEAST CORNER OF SECTION 34. BEING MONUMENTED BY A 5V4' IRON ROD WITH ALUMINUM CAP AS DESCRIBED IN CORNER PERPETUATION RECORDED AS INSTRUMENT NO. 27211748 IN THE OFFICULL RECORDS OF BANNOCK COUNTY: THENCE NORTH 0.14VO, EAST -ALONG THE EAST LINE DF SAID SECTION 34, A DISTANCE OF 38.00 FEET TO THE POMNTOF MINNING, THENCE NORTH 4P'T8'A4' WEST, BEING PARALLEL W1114AND 90,00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 34. A DISTANCE OF 72100 FEET,. THENCE NORTH O'14`0V EAST A DISTANCE OF 432 BB FEET-. THENCE SOUTH 58138'44' EAST A DISTANCE OF T2D.00 FEET TOA POINT ON THE EAST LINE OF SAID SECTION 3A: THENCE SOUTH O'14'OB" WEST, ALONG THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 432 45 FEET TO THE POINT OF BEGW NBIG CONTAINING T,15 ACRES. MORE OR LESS. SORYEIDR'S AFAMWATE I, JAY L CORNELISTMR. A REGISTERED LAND SURVEYOR OF THE STATE OF IDAHO, DO HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY DIRECTION OF THE LAND DESCRIBED IN THE ACCOMPANYING BOUNDARY DESCRIPTION AND THAT THE PLAT UPON WHICH THIS CERTIFICATION APPEARS WAS MADE UNDER MY OMRECTKON. I FURTHER CERTIFY THAT THE ADCOWANYWG MAP CORRECTLY DEPICTS THE DIVISION OF THE LAND AS MARKED UPON THE GROUND. THAT -THE MONUMENTS SHOWN CONFORMS WITH THAT SET OR FOUND UPON THE GROUND, AND THAT THE PERTW£NT PWOWSKON6 OF THE STATUTE$ OF THE STATE OF IDAHO TOGETHER WITH ALL LOCAL OR INANCES PERTAINING THERETO HAVE BEEN COMPLIED WITH 4Lµ NFrq j°'oaifiL4.0 J L. NELISUN z DATE ` to11.a�Ia�' ACKR0M1TE0191YFXr STATE OF IDAHO. COUNTY OF ON THISl�,-- DAY OF��, IN THE YEAR za_i1 .BEFORE ME - TW S_..J3_ , A NOTARY PUBLIC. PE NALLY APPEARED LINDA HINTS, KNOWN OR IDENTIFIED TO ME TOSS A REGISTERED AGENT OF THE LIMITED LIABILITY COMPANY THAT EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED LABILITY COMPANY AND ACKNOWLEDGED 70 ME THAT SUCH LI FEED LIABILITY COMPANY EXECUTED THE SAME, NN T�'L RESIDING IN COLWM. STATE OF IDAHO. MY C0MMISSI0N E-(PAEB 7.n DAY OF ,2UZq ACAMOMTEOBMEXT (! STATE OF IDAHO, COUNTY OF FAn..oCk. ON THIS DAY OF , T,,,! IN THE YEAR 20-1-t- BEFORE ME -S r,.Y-F A NOTARY PUBLIC. PERSONALLY APPEARED LYN A. YOST, KNOWN OR IDENTIFIED TO ML To BE A REGISTERED AGENT OF THE LYNTEO LIABILITY COMPANY THAT EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED TO ME THAT SUCH UNITED LIABILITY COMPANY EXECUTED THE SAW oI Ie..II. Oftri.ek COUNTY, STATE OF IDAHO- �SCOTTINS iP�!iRESIDINGFN . :,.. MY COMMISSION EXPIRES -1L- PAY OF . L2-1 , m.0 RECLfRATIDX Of COVEAIAXTS COXDITIaXSAXD RE MIMOXS N©RTHSIDE CROSSING - DIVISION 1 LOCATED IN THE SOUTHEAST 1A OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO ONI Ms efRnFicArE KNOW ALL MEN EY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION. HAVE CAUSED THE SAM TO BE SUBDIVIDED INTO A BLOCK, A LOTA14D STREETS TO BE HEREAFTER KNOWN AS NORTHSKXE CROSSING - DIVISIGN t. WE, THE OWNERS. INTEND TOINCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT_ THE LOCATION AND DIMENSIONS OF THE BLOCK, LOT AND STREETS ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREETS, WATER, SEWER, IRRIGATION AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET RIGHT-OFMAY, ARE DEDICATED TO THE PUBLIC FOR PUBLIC USE, UNLESS OTHERWISE INDICATED. AND THE EASEMENTS FOR PUBLIC U71LMESARE DEDICATED TOTHE PUBLIC FOR THE INSTALLATION, OPERATION, MAINTENANCE AND USE OF PUBLIC UTILITY SERVICES, THE RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES. AND FOR OTHER PUBLIC PURPOSES. INCLUDING. BUT NOT LIMITED TD, POSTAL DELIVERY BOXES NO STRUCTURES, OTHER THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITY PURPOSES, ARE TO BE ERECTED OR PLACED WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HERESY CONVEYED OR RESERVED TO THE PUBLIC IN PERPETUITY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS. SUBJECT TO MUNICIPAL REGULATION. THE RESPONSIBILFFYTO MAINTAIN THE PROPERTY DEDICATED. EXCEPT AS NOTED, SHALL PASS TO TI -C PUBLIC BODY HAVING JURISDICTION WHEN SUCH DEOICATON HAS BEEN ACCEPTED THE RESPONSIBILITY TO MAINTAIN THE SURFACE AREA OF PROPERTY OVER WHICH AN EASEMENT LIES SHALL REMAIN WITH THE OWNER AND OWNER'S SUCCESSOR IN INTEREST, THE RESPONSIBILITY TO MAINTAIN STORM WATER DETENTION FACILITIES. WHETHER LYING IN AN EASEMENT OR LYFJO WITHIN A DEDICATED RIGHT-OF-WAY, SHALL BELONG TO THE OWNER OF THE PROPERTY BENEFITED BY THE DETENTION OF STORM WATER FLOWING FROM THATPROPERT/ WHICH SHALL BE THE PROPERTY ADJACENT TO THE STORM WATER DETENTION FACILITY UNLESS SUCH FACILITY SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT THIS PRAT IS GOVERNED BY THE MUNICIPAL CODE OF THE CITYOF CHUBIRXCK. WHICH PROVIDES THAT A FINAL PLAT SHALL CONSTITUTE A DEDICATION; HOWEVER APPROVAL OF THE FINAL PLAT SHALL NOT CONSTITUTE THE CITY'S ACCEPTANCE OF THE DEDICATION- SUCH ACCEPTANCE SHILL BECOME EFFECTIVE ONLY UPON THE EXECUTION BY THE MAYOR OF A SEPARATE INSTRUMENT FOR THAT PURPOSE AFTER THE CITY COUNCIL H0.$ FOUND THAT ALL STRUCTURES AND IMPROVEMENTS RELATING TO THE DEDICATED PROPERTY HAVE BEEN COMPLETED AND HAVE BEEN APPROVED UPON INSPECTION BY THE CRY. DEDICATION IS NOT BINDING UPON THE CIM UNTIL ACCEPTED LYN A YO LI TINS (LOT I, BLOCK 1) REGISTERED AGENT. JYY, LLC REGISTERED AGENT, GRACE ATCK%SB(JCK LLC IRRIRAAM MATER ffAMNEXT LANDS WITHIN THIS MAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT HALL IRRIGATION PROJECT- DELIVERY OF IRRIGATION WATER FROM THE PROJECT TO INDIVIDUAL LOTS HAS BEEN DONE IN COMPLIANCE WITH 10AH0 CODE SECTION 1I-3805@1 AND CIM OF CHUSBUCK CODE SECTION iq*zt Je Ile, IZ,23o PROPERTY OWNERS WILL BE OBLIGATED FOR ASSESSMENTS THROUGH THE CITY OF C14UBSUCK fORTRALL MO4/RAr/0Nr*R16 &7ACQEf"ff WE HAVE REVIEWED THE PLAT AND ACCEPT THE CANAL EASEMENT i RIGHT430-WAY AS SHOWN —re Af CANAL COMP f4 �14 AMOY RfsTR/Cnas SANITARY RESTRICTION AS REQUIRED BY IDAHO CODE. TITLE M CHAPTER IS HAVE BEEN SAT}SFIED SANITARY RESTRICTION MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 56-1374, IDAHO CODE. BY THE ISSUANCE OFA CERTIFICATE OF DISAPPROVAL. &RE RECORDED Ac IN�7FiUMENT Nt11ADER _ ___ _ _ AND ARC DATE--" "1_HEALTH DISTRK:TSIGNATURE' r H: REO, MADE A PART GP THE PLAT ReMOAVEATASSIM&T 'Iy 1 rr A HE I F HU BUG ENT AGREEMENT RPCURDED AS INST. NO. d i q I Ofl 5q ARE HEREBY MADE PART OF THIS PLAT. MIA'48r WATER THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CIM OF CHUBSUCK MUNICIPAL WATER SYSTEM. C177afMOSOC,r T HI HIS CERTIFICATION APPEARS HAS SUNAPPROVED' BY THE CIT' OF CHUBBUCK IDAHO, THIS_ 15 +h DAY OF—}� 1 qy 21Tf, KEVIN ENGLAND, 11111RR . CITY CLERK y� BRIDG6R MOitR�SON, u E-. CFFY ENGINEER COOXIr suAMORT cERT/flcArE I, MATTHEW S BAKER. A REGISTERED LAND SURVEYOR IN AND FOR BANNOCK COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT ANO COMPUTATIONS SHOWN HEREON. AND HAVE DETERMINED THAT THE REQUIREMEENTr OF IDAHO CODE 5111305 HAVE BEEN MET, AND I APPROVE THE SAME FOR FILING THIS 3 l DAY OF 2q� 5.6zx MATTHEW S. BAKER FLS 13023 C00R7YM"lliRE" CERTIf/tATE IFER CLARK, DO HEREBY CERTIFYTHAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED. BOTH DELINQUENT OC HAVE BEEN PryryAI^^D IN FULL THROUGH 0�9 J C tOOXTIREfCGiIf0EN7IDEA1IF UM WAS FILED FOR RE IN THE CFTHE RECUR OF TITOUNTY OF BANNOCK IDAHO THIS YOM 26AT'_ X111. AT THE REQUEST QF-�_ O WAS DULY ECORDED AS INSTRUMENT NUMBER �Of .J -Y [[ ,? DIXON. C NTY RECO Ow NORTHSIDE CROSSING - DIVISION 1 LOCATED IN THE SOUTHEAST 114 OF SECTION 34. TOWNSHIP 5 SOUTH. RANGE 34 EAST, BOISE MEWDAN. BANNOCK COUNTY, IDAHO '-J& E..yi ,,.rs . Jwn.,w.s . tFa,v,.r. JOY Ab a IF. /YJ/ . K4NIJ4NL Aw ~ • IMF) my" F/0 AWL AYR . A-AIILft AP &Wl. atW IM -0I /0 REVISIONS SUR EYED BY. JO .SRM, JCL I -F ICE WORK , SOB 2. PROJECT NO 1603, DATE- OCTOSER 2119 -QMWWG,R F TMST CR NG -171 UWCAO', N E CROSSING FP DING SCALE'. 1 INCH = IDO FEET cHFCY > nr