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HomeMy Public PortalAboutOrd. 982 Urban Renewal Downtown West Plan - no attachmentsInstrument# 425002 VALLEY COUNTY,CASCADE,IDAHO 11-10-2010 08:48:10 AM No.of Pages:$4 Recorded for:CITY OF MCCALL DOUGLAS A.MLLER Fee:0.00 en.Ex-Officio Recorder Deputy ORDINANCE NO. 982 Indext ORonw+cES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE DOWNTOWN WEST URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND OTHER TAXING ENTITIES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council ("City Council") of the city of McCall ("City"), by Resolution No. 6-90, adopted May 10, 1990, 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"), created an urban renewal agency pursuant to the Law, authorizing the Agency to transact business and exercise the powers granted by the Law and the 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 McCall, also known as the McCall Redevelopment Agency (the "Agency"); WHEREAS, the Mayor has duly appointed the Board of Commissioners of the Agency the "Agency Board"), which appointment was confirmed by the City Council; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the 1990 Urban Renewal Plan for the Railroad Avenue Area (the "Railroad Avenue Plan"); WHEREAS, following said public hearing the City Council adopted its Ordinance No. 578 on December 13, 1990, approving the Railroad Avenue Plan and making certain findings; WHEREAS, in 2006, pursuant to Section 900 of the Railroad Avenue Plan, the Agency prepared the 2006 Updated Urban Renewal Plan (the "Amended Railroad Avenue Plan"); WHEREAS, the Amended Railroad Avenue Plan did not substantially change the Railroad Avenue Plan, and did not alter the project area boundaries; WHEREAS, after making certain findings, the Agency Board adopted the Amended Railroad Avenue Plan by resolution; WHEREAS, the Railroad Avenue Plan, as amended, and its project area is referred to as the Existing Project Area; 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 Page 1 of 84 Ord. 982 Urban Renewal Plan—Downtown West October 24,2019 Page 2 of 84 Ord. 982 Urban Renewal Plan – Downtown West October 24, 2019 be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, an urban renewal plan shall (a) conform to the general plan for the municipality as a whole, except as provided in § 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; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented, the Agency commenced certain discussions concerning examination of an area as appropriate for an urban renewal project; WHEREAS, in 2018, the Agency authorized Kushlan Associates, to commence an eligibility study and preparation of an eligibility report concerning an area located generally in the City’s central business district and extending south, encompassing the commercially zoned properties on both sides of 3rd Street to Deinhard Lane. The geographic area studied is commonly referred to as the “Study Area”; WHEREAS, the Agency obtained the Eligibility Report, dated June 2018 (the “Report”), 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, 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; 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 Board, on June 19, 2018, adopted Resolution No. 01-2018 accepting the Report and authorized the Agency Chair 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 area as allowed by the Act; Page 3 of 84 Ord. 982 Urban Renewal Plan – Downtown West October 24, 2019 WHEREAS, the City Council, by Resolution No. 18-14, dated June 28, 2018, declared the Study Area described in the Report to be a deteriorated area or a deteriorating area as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project and directed the Agency to commence preparation of an urban renewal plan for the area designated; WHEREAS, the Act authorizes urban renewal agencies to adopt revenue allocation financing provisions as part of their urban renewal plans; 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 prepared a proposed Urban Renewal Plan for the Downtown West Urban Renewal Project (the “Downtown West Plan”) and the urban renewal area referred to as the Downtown West Project Area (“Project Area” or “Revenue Allocation Area”) for the area designated as eligible for urban renewal planning; WHEREAS, the area included in the Downtown West Project Area is smaller than the Study Area assessed in the Report; WHEREAS, the Downtown West Plan also contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Agency Board considered all comment and information submitted to the Agency during several earlier Board meetings and the Board meeting held on August 19, 2019; WHEREAS, on August 19, 2019, the Agency Board passed Resolution No. 2-2019 proposing and recommending the approval of the Downtown West Plan; WHEREAS, the Agency submitted the Downtown West Plan to the Mayor and City; WHEREAS, the Mayor and City Clerk have taken the necessary action to process the Downtown West Plan; WHEREAS, pursuant to the Law, at a meeting held on September 10, 2019, the City of McCall Planning and Zoning Commission considered the Downtown West Plan and its conformity with the City’s 2018 McCall Area Comprehensive Plan, McCall In Motion, as amended, (“McCall Comprehensive Plan”) and forwarded its findings to the City Council, a copy of which is attached hereto as Exhibit 1; WHEREAS, notice of the public hearing of the Downtown West Plan was caused to be published by the City Clerk of McCall, Idaho, in its official newspaper the Star-News, on September 19 and October 3, 2019, a copy of said notice being attached hereto as Exhibit 2; WHEREAS, on or before September 24, 2019, the Downtown West Plan was submitted Page 4 of 84 Ord. 982 Urban Renewal Plan – Downtown West October 24, 2019 to the affected taxing entities, available to the public, and under consideration by the City Council; WHEREAS, the City Council, during its regular meeting of October 24, 2019, held the public hearing as noticed; WHEREAS, as required by Idaho Code §§ 50-2905 and 50-2906, the Downtown West Plan contains the following information with specificity which was made available to the general public and all taxing districts prior to the public hearing on October 24, 2019, the regular meeting of the City Council, at least thirty (30) days but no more than sixty (60) days prior to the date set for final reading of the ordinance: (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) 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, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in 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; and (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; WHEREAS, the Downtown West Plan authorizes certain projects to be financed by revenue allocation bonds, or loans, and proceeds from revenue allocation; WHEREAS, appropriate notice of the Downtown West Plan and revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code §§ 50-2008 and 50-2906; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the Downtown West Plan, including revenue allocation financing provisions since revenue allocation will help finance urban renewal projects to be completed in accordance with the Downtown West Plan, in order to: (1) encourage private development in the urban renewal area; 2) to prevent and arrest decay of the Downtown West 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 Downtown West 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 City Council finds that the equalized assessed valuation of the taxable Page 5 of 84 Ord. 982 Urban Renewal Plan – Downtown West October 24, 2019 property in the Downtown West Project Area is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Downtown West 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) conform to the general plan of the municipality as a whole; (3) 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) 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 the Law, because of defective or unusual conditions of title, diversity of ownership tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, under the 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, the Downtown West Project Area does not include any area which is predominantly open; WHEREAS, under the Law and the Act (specifically §§ 50-2018(9) and 50-2903(8)(f)), a deteriorating area may not include an agricultural operation, as defined in Idaho Code § 22- 4502(1), 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; Page 6 of 84 Ord. 982 Urban Renewal Plan – Downtown West October 24, 2019 WHEREAS, the Downtown West Project Area does not include parcels subject to such consent; WHEREAS, the collective base assessment rolls for the Existing Project Area, together with the base assessment roll value of the Downtown West Project Area cannot exceed ten percent (10%) of the current assessed values of all the taxable property in the City; WHEREAS, the City Council at its regular meeting held on October 24, 2019, considered the Downtown West Plan, as proposed, and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL: SECTION 1: It is hereby found and determined that: a) The Downtown West Project Area, as defined in the Downtown West Plan, is a deteriorated area or a deteriorating area, as defined in the Law and the Act, and qualifies as an eligible urban renewal area under the Law and Act. b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Downtown West Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. c) There continues to be a need for the Agency to function in the City. d) The Downtown West Plan conforms to the McCall Comprehensive Plan. e) The Downtown West 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 components of the Downtown West Plan and the need for overall 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 Downtown West Plan. f) The Downtown West Plan affords maximum opportunity consistent with the sound needs of the City, as a whole, for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Downtown West Plan provides a feasible method for relocation obligations of any displaced families residing within the Project Area and there is not anticipated to be any activity by the Agency that would result in relocation. h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Area and the Downtown West Project Area do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. Page 7 of 84 Ord. 982 Urban Renewal Plan – Downtown West October 24, 2019 i) The Downtown West Plan includes the requirements set out in Idaho Code § 50- 2905 with specificity. j) The Downtown West Plan is 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. k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code §§ 50-2018(9) and 50-2903(8)(f), does not include any agricultural operation for which the Agency has not received a written consent, or has not been used for agricultural purposes for three (3) consecutive years. l) The portion of the Downtown West Project Area which is identified for non- residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the McCall 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. m) The portion of the Downtown West Project Area which is identified for residential uses is necessary and appropriate as 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 for residential uses is an integral part of and essential to the program of the City. SECTION 2: The City Council finds that the Downtown West Project Area does not have a predominance of open land, that the Agency may acquire any open land within the Downtown West Project Area, and that the Downtown West Project Area is planned to be developed and/or redeveloped in a manner that will include both residential and nonresidential uses. Provided, however, the City Council finds that for any portions of the Downtown West Project Area deemed to be “open land,” the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that one of the Downtown West Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the portion of the Downtown West Project Area which is identified for nonresidential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the McCall 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 Page 8 of 84 Ord. 982 Urban Renewal Plan – Downtown West October 24, 2019 City. SECTION 4: The Downtown West Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the October 24, 2019, hearing and incorporate changes or modifications, if any. SECTION 5: No direct or collateral action challenging the Downtown West Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the Downtown West Plan. SECTION 6: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Tax Assessor of Valley County and to the appropriate officials of Valley County Board of County Commissioners, City of McCall, McCall-Donnelly School District #421, Valley County Emergency Medical, McCall Cemetery, McCall Fire, McCall Hospital, Payette Lakes Rec. Water & Sewer, Valley County Road and Bridge, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map or plat indicating the boundaries of the Project Area. SECTION 7: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Downtown West Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Downtown West Plan, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Downtown West Plan. SECTION 8: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency’s Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Downtown West Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 9: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not modify the Downtown West Plan in a manner that would result in a reset of the base assessment 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 as further set forth in the Act. SECTION 10: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2019, to the extent permitted by the Act. SECTION 11: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this Ordinance. SECTION 12: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 13: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 14: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 24 DAY OF OCTOBER 2019 ATTEST: Ord . 982 Urban Renewal Plan -Downtown West October 24 , 2019 Page 9 of84