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HomeMy WebLinkAbout2021-06RESOLUTION NO. 2021-06 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 HARVEST SPRINGS 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. H-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; RESOLUTION NO. 2021-06 -1 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, establishing the Pine Ridge Mall revenue allocation area, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Northside Crossing Urban Renewal Project (the "Northside Crossing Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 819 on November 4, 2020, approving the Northside Crossing Plan, establishing the Northside Crossing revenue allocation area, and making certain findings; RESOLUTION NO. 2021-06 - 2 WHEREAS, the above referenced 1992 Plan, the Pine Ridge Mall Plan, and the Northside Crossing Plan and their revenue allocation 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; 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 Cormcil 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; RESOLUTION NO. 2021-06 - 3 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, 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, the Study Area, as supplemented by the area studied in the 2019 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 modem traffic requirements; f, insanitary or unsafe conditions; g. 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 RESOLUTION NO. 2021-06 - 4 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 and the 2019 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 and the 2019 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, 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. The Northside Crossing Plan was adopted by City Council Ordinance No. 819 on November 4, 2020; WHEREAS, the Agency has embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the Harvest Springs Urban Renewal Project ("Harvest Springs Plan") to develop and/or redevelop a portion of the City, pursuant to the Law and the Act, as amended; WHEREAS, the Harvest Springs Plan proposes to create an urban renewal area commonly known as the Harvest Springs Project Area, which area is shown on the Boundary Map of Harvest Springs Urban Renewal Project Area and Revenue Allocation Area and is described in the Legal Description of Harvest Springs Urban Renewal Project Area and Revenue Allocation Area, which are attached to the Harvest Springs Plan as Attachments 1 and 2 respectively; RESOLUTION NO. 2021-06 - 5 WHEREAS, the area included in the Harvest Springs Project Area includes approximately 309 acres, which is smaller than the area assessed in the Study Area, and includes parcels studied in the 2018 Study and the 2019 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 Harvest Springs 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 Harvest Springs 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 Harvest Springs Plan and submit the Harvest Springs Plan and recommendation for approval thereof to the City; WHEREAS, the Agency Board, at several Agency Board meetings in 2020 and 2021, has considered public improvements related to the Harvest Springs Project Area; WHEREAS, as required by the Law and the Act, the Agency has reviewed the information within the Harvest Springs Plan concerning the use of revenue allocation funds and approved such information and considered the Harvest Springs Plan at several Agency Board meetings in 2021, including at its special meeting on September 7, 2021; WHEREAS, the Harvest Springs Plan will be tendered to the Land Use and Development Commission and to the City for their consideration and review as required by the Law and the Act; WHEREAS, under the Act, the Harvest Springs 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, munber, 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; RESOLUTION NO. 2021-06 - 6 WHEREAS, it is necessary and in the best interests of the citizens of the City to recommend approval of the Harvest Springs Plan and to adopt, as part of the Harvest Springs Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Harvest Springs Plan in order to (1) encourage private development in the urban renewal area; (2) to prevent and arrest decay of the Harvest Springs 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 Harvest Springs 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 Harvest Springs Plan is likely to increase as a result of initiation of urban renewal projects in accordance with the Harvest Springs Plan; WHEREAS, under the Law and Act, any such plan should provide for (1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality, or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with RESOLUTION NO. 2021-06 - 7 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 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, the boundaries of the Harvest Springs Project Area do not overlap the boundaries of a highway district; WHEREAS, Agency staff and consultants recommend the Agency Board accept the Harvest Springs 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 Harvest Springs 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. Section 2. It is hereby found and determined that the Harvest Springs Project Area as defined in the Harvest Springs 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 Harvest Springs Plan along with any changes discussed at the September 7, 2021, 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 Harvest Springs 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 7, 2021, Agency Board meeting. Section 5. That the required agricultural operation consents have been obtained by the Agency. RESOLUTION NO. 2021-06 - 8 Section 6. 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 Harvest Springs 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 7. It is hereby found and determined that: (a) The Harvest Springs 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, residential, commercial and light industrial components of the Harvest Springs 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 Harvest Springs Plan. (b) The Harvest Springs Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development, and redevelopment of the Harvest Springs Project Area by private enterprises. (c) To the extent necessary, the Harvest Springs Plan provides a feasible method for relocation of any displaced families residing within the Harvest Springs Project Area. (d) The Harvest Springs 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 Harvest Springs 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 Harvest Springs 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 RESOLUTION NO. 2021-06 - 9 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 Harvest Springs 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 Harvest Springs Project Area, together with the base assessment roll values of the Existing Project Areas, do not exceed ten percent (10%) of the current assessed values of all the taxable property in the City. (h) The Harvest Springs 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 8. That this Resolution constitutes the necessary action of the Agency under the Law, Section 50-2008, Idaho Code, and the Act. Section 9. 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 Harvest Springs 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 Harvest Springs Plan to the various taxing entities as required by Idaho Code § 50-2906. Section 10. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION NO. 2021-06 - 10 PASSED by the Urban Renewal Agency of the city of Chubbuck, Idaho, also known as the Chubbuck Development Authority, on September 7, 2021. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on September 7, 2021. ATTEST: By Secr �;� RESOLUTION NO. 2021-06 - 11