City of Boise
Idaho

Resolution
RES-361-18

A RESOLUTION BY THE COUNCIL OF THE CITY OF BOISE CITY, IDAHO, DETERMINING A DEFINED AREA REFERRED TO AS THE GATEWAY EAST URBAN RENEWAL AREA WITHIN THE CITY OF BOISE CITY, TO BE A DETERIORATED AREA OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF BOISE CITY TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE.

Information

Department:LegalSponsors:
Category:Resolution

Financial Impact

None.

Body

WHEREAS, the Council and Mayor, respectively, of the city of Boise City adopted and approved Resolution No. 1154, which created the Boise Redevelopment Agency, now known as the Capital City Development Corporation (the “Agency”), and authorized the Agency to transact business and exercise the powers granted by Title 50, Chapter 20, Idaho Code, as amended (the “Law”) upon making the findings of necessity required for creating the Agency;

 

              WHEREAS, the Council (the “City Council”) of the city of Boise City, Idaho (the “City”), after notice duly published, conducted a public hearing on the River Street-Myrtle Street Urban Renewal Plan (the “River Street Plan”); 

 

              WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 5596 on December 6, 1994, approving the River Street Plan and making certain findings; 

 

              WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Westside Urban Renewal Plan (the “Westside Plan”);

 

              WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 6108 on December 4, 2001, approving the Westside Plan and making certain findings;

 

              WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amended and Restated Urban Renewal Plan, River Street-Myrtle Street Urban Renewal Project (annexation of the Old Boise Eastside Study Area and Several Minor Parcels) and Renamed River Myrtle-Old Boise Urban Renewal Project (the “River Myrtle-Old Boise Plan”); 

 

              WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 6362 on November 30, 2004, approving the River Myrtle-Old Boise Plan and making certain findings; 

 

              WHEREAS, the City Council, after notice duly published, conducted a public hearing on the 30th Street Area Urban Renewal Project Urban Renewal Plan (the “30th Street Plan”);

 

              WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 6868 on December 4, 2012, approving the 30th Street Plan and making certain findings;

 

              WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan, 30th Street Area, Urban Renewal Project (the “Amended 30th Street Plan”);

 

              WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 26-18 on July 24, 2018, approving the Amended 30th Street Plan and making certain findings;

 

              WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the First Amended and Restated Urban Renewal Plan, River Street-Myrtle Street, Urban Renewal Project and Renamed River Myrtle - Old Boise Urban Renewal Project (the “Amended River Myrtle-Old Boise Plan”);

 

              WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 24-18 on July 24, 2018, approving the Amended River Myrtle-Old Boise Plan and making certain findings;

 

              WHEREAS, based on inquiries and information presented by certain interested parties and property owners, the Agency commenced certain discussions concerning examination of an additional area as appropriate for an urban renewal project; 

 

              WHEREAS, in 2001, an eligibility study was conducted in an area along the Interstate 84 (I-84) eastern entrance into the City.  The study concluded the study area was a deteriorated area and/or a deteriorating area, and therefore, eligible for an urban renewal project; however, the City Council did not elect to adopt the necessary findings and pursue an urban renewal plan for the area at that time;

 

              WHEREAS, in 2018, the Agency authorized SB Friedman Development Advisors to commence an eligibility study and preparation of an eligibility report of an area encompassing approximately 3,260 acres of land along the I-84 corridor at the eastern entry to the City, which area included the area previously studied in 2001.  The eligibility report area is commonly referred to as the proposed Gateway East Urban Renewal Area (the “Study Area”); 

 

              WHEREAS, the Agency obtained the Eligibility Report, dated August 8, 2018, (the “Study”), which examined the Study Area for purposes of determining whether such area was a deteriorating area, a deteriorated area, or both a deteriorating area and a deteriorated area, as those terms are defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); 

 

              WHEREAS, the Study, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, was submitted to the Agency;

 

              WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), in which the terms “deteriorating area” and “deteriorated area” are defined, many of the conditions necessary to be present in such area are found in the Study Area;

 

              WHEREAS, the Study Area is predominantly open land or open area;

 

WHEREAS, under the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the “Act”), a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality;

 

WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open areas, which are the same or similar to the conditions set forth in the definitions of “deteriorating area” and “deteriorated area;”

 

WHEREAS, such additional conditions regarding open areas are present and are found in the Study Area;

 

              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 parcel(s) subject to such consent;

 

WHEREAS, the Agency is in the process of obtaining any necessary consents, which consents must be obtained prior to creation of any revenue allocation area;

 

              WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; 

 

              WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area;

 

              WHEREAS, the Agency, on August 13, 2018, adopted Resolution No. 1559 (a copy of which is attached hereto as Exhibit B and incorporated herein by this reference) accepting the Study and authorizing the Chair, Vice-Chair, or Executive Director of the Agency to transmit the 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 provision as allowed by law;

 

WHEREAS, it is desirable and in the best public interest that the Agency prepare an urban renewal plan for the area identified as the proposed Gateway East Urban Renewal Area in the Study located in the city of Boise City, county of Ada, state of Idaho;

 

              NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:             

 

              Section 1.              That the Mayor and Council of the city of Boise City, Idaho finds and declares:

 

                            (a)              That the described area in the Study is a deteriorated area or a deteriorating area, as defined in Title 50, Chapters 20 and 29, Idaho Code, as amended, within the city of Boise City, Idaho;

 

                            (b)              That there is a need for the Agency, an urban renewal agency, to

function in accordance with the provisions of Title 50, Chapters 20 and 29, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan;

 

                            (c)              That the area identified in the Study is a deteriorated area or a deteriorating area, as defined in Title 50, Chapters 20 and 29, Idaho Code, as amended, or a combination thereof, and such area is designated as appropriate for an urban renewal project; and

 

                            (d)              That the Agency will obtain any agricultural operation consents from the real property owners, as may be necessary, prior to formally submitting the proposed urban renewal plan to the City for its consideration.

 

              Section 2.              That the Agency shall be, and hereby is, directed to commence preparation of an urban renewal plan for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Title 50, Chapters 20 and 29, Idaho Code, as amended.

 

              Section 3.              That this resolution shall be in full force and effect immediately upon its adoption and approval.