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
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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;
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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
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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
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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;
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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.
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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
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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
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