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;
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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;
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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;
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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
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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;
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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;
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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
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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.
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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.
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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
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