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HomeMy WebLinkAboutSummary 21-1956 printed summary First Amendment to Union District IDAHO PRESS SUNDAY, DECEMBER 12, 2021 I D7 LEGAL NOTICE The First Amendment proposes that the Agency undertake urban renewal projects,including identifying public facilities for funding pursuant to the Law and the Act.The First Amendment contains a revenue allocation NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANTTO I.C.§50-901(A) financing provision pursuant to the Act,that for the area added will cause property taxes resulting from any CITY OF MERIDIAN ORDINANCE NO.21-1956 increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assessment roll as of January 1,2021,to be allocated to the Agency for urban renewal purposes.The AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO,APPROVING THE FIRST boundary of the additional area includes both urban renewal and revenue allocation areas.The existing Project AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJ- Area contains a previously adopted revenue allocation financing provision pursuant to the Act that will continue ECT,WHICH FIRST AMENDMENT SEEKS TO ANNEX CERTAIN PARCELS TO THE EXISTING UNION to cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized DISTRICT PROJECT AREA;WHICH FIRST AMENDMENT INCLUDES REVENUE ALLOCATION FINANC- assessed valuation as shown on the base assessment roll as of January 1,2020,to be allocated to the Agen- ING PROVISIONS;AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND cy for urban renewal purposes. OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES;PROVIDING SEVERABILITY;APPROVING THE SUMMARY OF THE ORDINANCE;AND PROVID- The First Amendment does not extend the Plan's duration.The Plan terminates on December 31,2040;howev- ING AN EFFECTIVE DATE. er,revenue allocation proceeds will be received in 2041 pursuant to Idaho Code Section 50-2905(7). NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The general scope and objectives of the First Amendment area are limited to addressing the annexation of the additional area into the existing Project Area,recognizing certain portions of the Economic Feasibility Study SECTION 1:It is hereby found and determined that: may be restated to the extent additional information is available related to the timing of projects impacting (a)The area to be added to the existing Union District Project Area as defined in the First Amendment is a revenue generation and project funding in the expansion area: 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. The First Amendment proposes improvements to the Amended Project Area generally including streets, (b)The rehabilitation,conservation,development and redevelopment of the urban renewal area pursuant to the utilities,and other public rights-of-way amenities as well as construction and/or improvements to parks,plazas First Amendment are necessary in the interests of public health,safety,and welfare of the residents of the City. and open space,a community center,fagade improvements,public parking(structured and surface parking), (c)There continues to be a need for the Agency to function in the City. property acquisition to support development and/or redevelopment goals,planning studies and brownfield and/ (d)The First Amendment conforms to the City of Meridian Comprehensive Plan as a whole. or environmental clean-up. (e)The First Amendment 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 Any such land uses as described in the First Amendment will be in conformance with zoning for the City and the First Amendment and the need for overall public improvements),and shows consideration for the health, the City's Comprehensive Plan,as amended.Land made available will be developed by private enterprises or safety,and welfare of any children,residents or businesses in the general vicinity of the urban renewal area public agencies as authorized by law.The First Amendment identifies various public and private improvements covered by the First Amendment. which may be made within the Amended Project Area. (f)The First Amendment 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. The area added to the existing Union District Project Area and Revenue Allocation Area by the First Amend- (g)Pursuant to Idaho Code§§50-2007(h)and 50-2008(d)(1),the First Amendment provides a feasible method ment is generally described as follows: for relocation obligations of any displaced families residing within the Amended Project Area and there is not anticipated to be any activity by the Agency that would result in relocation. An area consisting of approximately 1.46 acres(including rights-of-way)of land contiguous to the northwest- (h)The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas,the ern boundary of the Union District Project Area and generally bounded by E.Idaho Avenue on the north,NE Proposed Project Areas and the area added by the First Amendment,do not exceed ten percent(10%)of the 2nd Street on the east,a portion of Broadway Avenue on the south,and E.Main Street on the west,an area assessed values of all the taxable property in the City. referred to as the"Idaho Block"and as more particularly described in the First Amendment and depicted in the (i)The area to be added by the First Amendment does not exceed ten percent(10%)of the geographical area Map below: contained within the existing Union District Project Area,and the area to be added is contiguous to the existing Union District Project Area. EXHIBIT B 0)The First Amendment includes the requirements set forth in Idaho Code§50-2905 with specificity. (k)The First Amendment is sufficiently complete to indicate such land acquisition,demolition and removal of SKETCH TO ACCOMPANY URBAN RENEWAL D/STR/CT DESCRIPTION structures,redevelopment,improvements,and rehabilitation as may be proposed to be carried out in the urban FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE renewal area,zoning and planning changes(if any)land uses,maximum densities,building requirements, NW 1/4 OF THE SW 114 OF SECTION 7, TOWNSHIP 3 NORTH, and any method or methods of financing such plan,which methods may include revenue allocation financing RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO provisions. (1)The urban renewal area,which includes the deteriorating area,as defined in Idaho Code section 50-2018(9) nOuvT OF E raAIro AVENUE and Idaho Code section 50-2903(8)(f),does not include any agricultural operation requiring consent. 9rGYNN)NG sAsrs OF 8C4MNG (m)The portion of the Amended Project Area which is identified for non-residential uses is necessary and �, s eaa rag"£ iDo.os appropriate to facilitate the proper growth and development standards in accordance with the objectives of the 8 Comprehensive Plan to overcome economic disuse,the need for improved traffic patterns,and the need for the S correlation of this area with other areas of the City. (n)The portion of the Amended Project Area which is identified for residential uses is necessary and appro- priate as there is a shortage of housing of sound standards and design which is decent,safe and sanitary in 1 ° the City;that the need for housing accommodations has been or will be increased as a result of the clearance W o 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 o q part of and essential to the program of the City. a o w t �I 0 3 SECTION 2:The City Council finds that the area added by the First Amendment does not include open land, that the Agency may acquire land within the Amended Project Area,and that the Amended Project Area is a ,v 27O p 6o.Oz' a0.0� ,za.Os' o o planned to be redeveloped in a manner that will include both residential and nonresidential uses. z SECTION 3:The City Council finds that one of the First Amendment objectives to increase the residential ti opportunity does meet the sound needs of the City and will provide housing opportunities in an area that o does not now contain such opportunities,and the portion of the Amended Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards • in accordance with the objectives of City's Comprehensive Plan,to overcome economic disuse,the need for ,o• o improved traffic patterns,and the need for the correlation of this area with other areas of the City. a0' 02' 40° z¢or' SECTION 4:The First Amendment,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 aea<cm E as°,a' and testimonyresented at the November 23,2021,hearing and incorporate changes or modifications,if any. E RFamrrArA P 9 P 9 Y I�'GE'ND SECTION 5:The boundaries of the area added by the First Amendment overlap the boundaries of the ACHD, URD BOUNDARY 6MAL AV S which has the responsibility for the maintenance of roads and highways within the City.The Agency has negoti- c Ns ated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv)for the area added by the uR0 AREA o First Amendment. 18q�7� 0 CIVIL SURVEY CONSULTANTS,INC. ° 1(1D0 •2 a SECTION 6:The City Council declares that nothing within the First Amendment is intended or shall be inter- 2893 SOUTH MERIDIAN ROAD Fy rE 0 r preted to usurp the jurisdiction and authority of ACHD as defined in chapter 14,Title 40,Idaho Code.Further, MERIDIAN,IDAHO a3642 "f Koo�► 5GATE ," pursuant to Section 40-1415,Idaho Code,ACHD has authority over the planning,location,design,construc- (208)888-4312 =60' tion,reconstruction,and maintenance of the City rights of way and accompanying curbs,gutters,culverts, sidewalks,paved medians,bulkheads,and retaining walls.In the planning process,ACHD shall take into consideration the principles contained in the First Amendment. Section 100 is amended to update references to the Plan Attachments,the procedural history and history of the area added by the First Amendment. SECTION 7:No direct or collateral action challenging the First Amendment 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 Section 200 is amended to update references to the Amended Project Area maps and legal descriptions. Ordinance adopting the First Amendment. Sections 300 is amended to update the proposed redevelopment actions. SECTION 8:Upon the effective date of this Ordinance,the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor,and to the appropriate officials of Ada County Board of County The First Amendment also updates the revenue allocation financing provisions in Section 500.Among other Commissioners,City of Meridian,Ada County Highway District,West Ada School District,Ada County Ambu- sources,the First Amendment will utilize revenue allocation financing as authorized by the Act. lance/EMS,Meridian Cemetery Maintenance District,College of Western Idaho,Meridian Free Library District, Mosquito Abatement District,the Western Ada Recreation District,and the State Tax Commission a copy of Increases in assessed valuation of real and personal property in the area added by the First Amendment that this Ordinance,a copy of the legal description of the boundaries of the area added,and a map indicating the occur after January 1,2021,and for the existing Project Area that occur after January 1,2020,will generate boundaries of the area added. revenue for the Agency to pay project costs.The assessed valuation of real and personal property on the base assessment roll is still available for use by the other taxing districts,Ada County Board of County Commission- SECTION 9:The City Council hereby finds and declares that the Revenue Allocation Area,as amended to ers,City of Meridian,Ada County Highway District,West Ada School District,Ada County Ambulance/EMS, include the additional area as defined in the First Amendment,the equalized assessed valuation of which the Meridian Cemetery Maintenance District,College of Western Idaho,Meridian Free Library District,Mosquito City Council hereby determines is likely to increase and/or continue to increase as a result of the initiation and Abatement District,Western Ada Recreation District to finance their operations.The First Amendment authoriz- completion of urban renewal projects pursuant to the First Amendment. es the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations to pay debt service,as well as developer/owner participation agreements and revenue allocation proceeds. SECTION 10: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 Attachment 5 is supplemented to include the financial analysis related to the 2021 annexation and describes Council members are appointed to the Board,they are not acting in an ex officio capacity but,rather,as private in detail the cost and financing methods for complete repayment of any debt incurred used to finance projects citizens who,although they are also members of the City Council,are exercising their independent judgment and to also fund the additional described activities for the area added by the First Amendment as private citizens when they sit on the Board.Except for the powers to appoint and terminate Board members and to adopt the First Amendment,the City Council recognizes that it has no power to control the powers or The First Amendment follows the underlying zoning classifications of the City. operations of the Agency. The First Amendment does not extend the duration of the existing Plan and Project Area,which will terminate SECTION 11:So long as any Agency bonds,notes or other obligations are outstanding,the City Council will on December 31,2040,except for any revenue allocation proceeds received in calendar year 2041,as con- not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. templated by Idaho Code§50-2905(7). SECTION 12:This Ordinance shall be in full force and effect immediately upon its passage,approval,and ATTACHMENTS TO THE FIRST AMENDMENT publication and shall be retroactive to January 1,2021,to the extent permitted by the Act,for the area added Attachment 1A Boundary Map of the Additional Area by the First Amendment,with the existing Union District Project Area maintaining its base assessment roll as of Attachment 2A Legal Description of the Boundary of the Additional Area January 1,2020. Attachment 4A Map Depicting Expected Land Uses and Current Zoning Within the Area Added by the First Amendment SECTION 13:The provisions of this Ordinance are severable,and if any provision of this Ordinance or the ap- Attachment 5A Supplement to the Economic Feasibility Study:Financial Analysis Related to the 2021 Annex- plication of such provision to any person or circumstance is declared invalid for any reason,such determination ation shall not affect the validity of remaining portions of this Ordinance. This Ordinance shall be in full force and effect immediately upon its passage,approval,and publication and SECTION 14:The Summary of this Ordinance,a copy of which is attached hereto as Exhibit 4,is hereby shall be retroactive to January 1,2021,to the extent permitted by the Act. approved. Upon the effective date of this Ordinance,the City Clerk is authorized and directed to transmit to the County SECTION 15:All ordinances,resolutions,orders,or parts thereof in conflict herewith are hereby repealed, Auditor and Ada County Assessor,and to the appropriate officials of Ada County Board of County Commission- rescinded,and annulled. ers,City of Meridian,Ada County Highway District,West Ada School District,Ada County Ambulance/EMS, Meridian Cemetery Maintenance District,College of Western Idaho,Meridian Free Library District,Mosquito SECTION 16:Savings Clause.This Ordinance does not affect an action or proceeding commenced or right Abatement District,Western Ada Recreation District,and the State Tax Commission a copy of this Ordinance, accrued before this Ordinance takes effect. a copy of the legal description of the boundaries of the area added,and a map indicating the boundaries of the area added. PASSED by the City Council of the City of Meridian,Idaho,this 7th day of December 2021. APPROVED by the Mayor of the City of Meridian,Idaho,this 7th day ay of December 2021 A full text of this ordinance and the First Amendment are available for inspection at City Hall,City of Meridian, 33 East Broadway Avenue,Meridian,Idaho. EXHIBITS TO THE ORDINANCE Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian,Idaho,Validating City of Meridian,Mayor and City Council Conformity of the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project By:Chris Johnson,City Clerk with the City of Meridian's Comprehensive Plan Exhibit 2 Notice Published in the Idaho Press First Reading:11/16/2021;Second Reading and Public Hearing:11/30/2021;Third Reading:12/7/2021 Exhibit 3 First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project Exhibit 4 Ordinance Summary STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO.21-1956 SUMMARY OFTHE FIRST AMENDMENTTO THE URBAN RENEWAL PLAN FOR THE The undersigned,William L.M.Nary,City Attorney of the City of Meridian,Idaho,hereby certifies that he is UNION DISTRICT URBAN RENEWAL PROJECT the legal advisor of the City and has reviewed a copy of the attached Ordinance No.21-1956 of the City of The First Amendment("First Amendment")to the Urban Renewal Plan for the Union District Urban Renewal Meridian,Idaho,and has found the same to be true and complete and provides adequate notice to the public Project("Plan")was prepared by the Urban Renewal Agency of the City of Meridian aka the Meridian Devel- pursuant to Idaho Code§50-901 A(3). opment Corporation("MDC"or the'Agency")pursuant to the Idaho Urban Renewal Law of 1965,Chapter 20, Title 50,Idaho Code,as amended(the"Law"),the Local Economic Development Act,Chapter 29,Title 50, DATED this 7th day of December,2021. Idaho Code,as amended(the'Actf'),and all applicable laws and ordinances and was approved by the Agency. The First Amendment amends the Plan and the existing Project Area to add approximately 1.46 acres of land William.L.M.Nary,City Attorney (including rights-of-way)adjacent and contiguous to the northwestern boundary of the existing Project Area. December 12,2021 179723