Urban Renewal Plan
URBAN RENEWAL PLAN FOR THE
UNION DISTRICT URBAN RENEWAL PROJECT
MERIDIAN URBAN RENEWAL AGENCY
(also known as Meridian Development Corporation)
CITY OF MERIDIAN, IDAHO
Ordinance No. ________
Adopted _________
Effective _________
TABLE OF CONTENTS
Page
100 INTRODUCTION ...........................................................................................................1
101 General Procedures of the Agency .......................................................................4
102 Procedures Necessary to Meet State and Local Requirements: Conformance with
Idaho Code Sections 50-2008 and 50-2906 ..........................................................5
103 History and Current Conditions of the Area..........................................................5
104 Purpose of Activities ............................................................................................7
200 DESCRIPTION OF PROJECT AREA ............................................................................9
300 PROPOSED REDEVELOPMENT ACTIONS ................................................................9
301 General ................................................................................................................9
302 Urban Renewal Plan Objectives ......................................................................... 12
303 Participation Opportunities and Participation Agreements .................................. 13
304 Cooperation with Public Bodies ......................................................................... 15
305 Property Acquisition .......................................................................................... 16
305.1 Real Property 16
305.2 Personal Property ................................................................................... 17
306 Property Management ....................................................................................... 17
307 Relocation of Persons (Including Individuals and Families), Business Concerns,
and Others Displaced by the Project ................................................................... 17
308 Demolition, Clearance and Site Preparation ....................................................... 18
309 Property Disposition and Development .............................................................. 18
309.1. Disposition by the Agency ...................................................................... 18
309.2 Disposition and Development Agreements ............................................. 19
309.3. Development by the Agency ................................................................... 20
310 Development Plans ............................................................................................ 21
311 Personal Property Disposition ........................................................................... 21
312 Participation with Others .................................................................................... 21
313 Conforming Owners ........................................................................................... 22
314 Arts and Cultural Funding .................................................................................. 22
400 USES PERMITTED IN THE PROJECT AREA ............................................................ 22
401 Designated Land Uses ........................................................................................ 22
402 Public Rights-of-Way......................................................................................... 22
403 Other Public, Semi-Public, Institutional, and Nonprofit Uses ............................ 23
404 Interim Uses ....................................................................................................... 23
405 Development in the Project Area Subject to the Plan .......................................... 23
406 Construction Shall Comply with Applicable Federal, State, and Local Laws and
Ordinances and Agency Development Standards ................................................ 24
407 Minor Variations ................................................................................................ 24
408 Design for Development under a Disposition and Development Agreement or
Owner Participation Agreement ......................................................................... 24
409 Nonconforming Uses ......................................................................................... 25
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500 METHODS OF FINANCING THE PROJECT .............................................................. 26
501 General Description of the Proposed Financing Methods ................................... 26
502 Revenue Allocation Financing Provisions .......................................................... 26
502.1 Economic Feasibility Study .................................................................... 27
502.2 Assumptions and Conditions/Economic Feasibility Statement ................ 28
502.3 Ten Percent Limitation ........................................................................... 29
502.4 Financial Limitation ............................................................................... 29
502.5 Participation with Local Improvement Districts and Business
Improvement Districts ............................................................................ 31
502.6 Issuance of Debt and Debt Limitation ..................................................... 31
502.7 Impact on Other Taxing Districts and Levy Rate .................................... 31
503 Lease Revenue, Parking Revenue, and Bonds .................................................... 33
504 Membership Dues and Support of Community Economic Development ............. 34
600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES ..................................... 34
601 Maintenance of Public Improvements ................................................................ 35
700 ENFORCEMENT.......................................................................................................... 36
800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW .................... 36
900 PROCEDURE FOR AMENDMENT OR MODIFICATION ......................................... 37
1000 SEVERABILITY .......................................................................................................... 38
1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS .......................... 38
1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES ............................................ 38
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Attachments
Attachment 1 Boundary Map of Union District Urban Renewal Project Area and
Revenue Allocation Area
Attachment 2 Legal Description of Union District Urban Renewal Project Area and
Revenue Allocation Area
Attachment 3 Properties Which May be Acquired by the Agency
Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the
Project Area
Attachment 5 Economic Feasibility Study
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100 INTRODUCTION
This is the Urban Renewal Plan (the “Plan”) for the Union District Urban Renewal
Project (the “Project”) in the city of Meridian (the “City”), county of Ada, state of Idaho.
Attachments 1 through 5 attached hereto (collectively, the “Plan Attachments”) are incorporated
herein and shall be considered a part of this Plan.
The term “Project” is used herein to describe the overall activities defined in this Plan
and conforms to the statutory definition of an urban renewal project. Reference is specifically
made to Idaho Code §§ 50-2018(10) and 50-2903(13) for the various activities contemplated by
the term “Project.” Such activities include both private and public development of property
within the urban renewal area. The term “Project” is not meant to refer to a specific activity or
development scheme. The Union District Project Area is also referred to as the “Project Area.”
This Plan was prepared by the Board of Commissioners (the “Agency Board”) of the
Meridian Urban Renewal Agency, also known as Meridian Development Corporation (the
“Agency”), its consultants and staff and reviewed and recommended by 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, Idaho Code, as amended
(the “Act”), and all applicable local laws and ordinances.
Idaho Code § 50-2905 identifies what information the Plan must include with specificity
as follows:
(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 on 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
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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.
This Plan includes the above information with specificity.
The proposed redevelopment of the Project Area as described in this Plan conforms to the
City of Meridian Comprehensive Plan (the “Comprehensive Plan”), adopted by the Meridian
City Council (the “City Council”) on December 17, 2019, by Resolution No. 19-2179. The
Agency intends to rely heavily on the City’s applicable zoning and design standards.
This Plan is subject to the Plan modification limitations and reporting requirements
set forth in Idaho Code § 50-2903A. Subject to limited exceptions as set forth in Idaho
Code § 50-2903A, if this Plan is modified by City Council ordinance, then the base value
for the year immediately following the year in which modification occurs shall include the
current year’s equalized assessed value of the taxable property in the revenue allocation
area, effectively eliminating the Agency’s revenue stream. Should the Agency have any
outstanding financial obligations, the City shall not adopt an ordinance modifying this Plan
unless modification is deemed to have not occurred as provided in Idaho Code § 50-
2903A(1)(a)(i)-(iv) and written consent has been obtained by any creditors, including but
not limited to lending institutions and developers who have entered into reimbursement
agreements with the Agency.
A modification shall not be deemed to occur when “\[t\]here is a plan amendment to
support growth of an existing commercial or industrial project in an existing revenue
allocation area . . . .” Idaho Code § 50-2903A(1)(a)(iv). The proposed development of the
Project Area is primarily a commercial and/or industrial project. Any adjustment to the
list of improvements and/or revenue stream to support growth of the proposed commercial
and/or industrial project is not a modification under Idaho Code § 50-2903A.
Further, a modification shall not be deemed to occur when “\[t\]here is a plan
amendment to make technical or ministerial changes to a plan that does not involve an
increase in the use of revenues allocated to the agency.” Idaho Code § 50-2903A(1)(a)(i).
Annual adjustments as more specifically set forth in the Agency’s annual budget will be
required to account for more/less estimated revenue and prioritization of projects. Any
adjustments for these stated purposes are technical and ministerial and are not
modifications under Idaho Code § 50-2903A.
This Plan provides the Agency with powers, duties, and obligations to implement and
further the program generally formulated in this Plan for the redevelopment, rehabilitation, and
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revitalization of the area within the boundaries of the Project Area. The Agency retains all
powers allowed by the Law and Act. This Plan presents a process and a basic framework within
which plan implementation, including contracts, agreements and ancillary documents will be
presented and by which tools are provided to the Agency to fashion, develop, and proceed with
plan implementation. The Plan has balanced the need for flexibility over the twenty (20)-year
timeframe of the Plan to implement the improvements identified in Attachment 5, with the need
for specificity as required by Idaho Code § 50-2905. The Plan narrative addresses the required
elements of a plan set forth in Idaho Code § 50-2905(1), (5), (7) and (8). Attachment 5, together
with the Plan narrative, meets the specificity requirement for the required plan elements set forth
in Idaho Code § 50-2905(2)-(6), recognizing that actual Agency expenditures are prioritized each
fiscal year during the required annual budgeting process.
Allowed projects are those activities which comply with the Law and the Act and meet
the overall objectives of this Plan. The public-private relationship is crucial in the successful
development and redevelopment of the Project Area. Typically, the public will fund enhanced
public improvements like utilities, streets, and sidewalks which, in turn, establish the necessary
infrastructure to support adjacent private investment, which in this case includes industrial and
commercial facilities.
The purposes of the Law and Act will be attained through, and the major goals of this
Plan, are:
a. The installation and construction of public improvements, improvements to
existing roadways and intersections, including the installation of traffic signals;
installation of curbs, gutters and streetscapes, which for purposes of this Plan, the
term “streetscapes” includes sidewalks, lighting, landscaping, benches, bike racks,
public art and similar amenities between the curb and right of way line;
installation and/or improvements to fiber optic facilities; improvements to public
utilities including water and sewer improvements, and fire protection systems;
removal, burying, or relocation of overhead utilities; extension of electrical
distribution lines and transformers; improvement of irrigation and drainage
ditches and laterals; and improvement of storm drainage facilities;
b. The planning, design and construction of a community center, useable public
gathering space and a public structured parking facility or facilities;
c. The planning, design and construction of a private development multi-purpose
commercial and residential facility, and a public surface parking lot;
d. The replanning, redesign, and development of undeveloped or underdeveloped
areas which are stagnant or improperly utilized because of unusual conditions of
title, underserved utilities, and other site conditions;
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e. The strengthening of the economic base of the Project Area and the community
by the installation of needed public improvements to stimulate new private
development providing employment and economic growth;
f. The provision of adequate land for open space, street rights-of-way and pedestrian
rights-of-way, including pathways;
g. The reconstruction and improvement of street corridors to allow traffic flows to
move through the Project Area along with the accompanying utility connections,
through the Project Area;
h. The provision of public service utilities, which are necessary to the development
of the Project Area, such as water system improvements, sewer system
improvements and improvements to storm drainage facilities;
i. In conjunction with the City, the establishment and implementation of
performance criteria to assure high site design standards and environmental
quality and other design elements which provide unity and integrity to the entire
Project Area, including commitment of funds for planning studies, achieving high
standards of development, and leveraging such development to achieve public
objectives and efficient use of scarce resources;
j. The strengthening of the tax base by encouraging private development, thus
increasing the assessed valuation of properties within the Project Area as a whole
and benefiting the various taxing districts in which the urban renewal area is
located; and
k. The funding of necessary public infrastructure to accommodate both public and
private development.
101 General Procedures of the Agency
The Agency is a public body, corporate and politic, as defined and described under the
Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and
adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law,
the Public Records Act and the Ethics in Government Act of 2015, Chapters 1, 2 and 4 of Title
74, Idaho Code; reporting requirements pursuant to Idaho Code §§ 67-450B, 67-450E, 50-2903A
and 50-2913; and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code,
as well as other procurement or other public improvement delivery methods.
Subject to limited exceptions, the Agency shall conduct all meetings in open session and
allow meaningful public input as mandated by the issue considered or by any statutory or
regulatory provision.
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The Agency may adopt separate policy statements. Any modification to any policy
statement is a technical or ministerial adjustment and is not a modification to this Plan under
Idaho Code § 50-2903A.
102 Procedures Necessary to Meet State and Local Requirements:
Conformance with Idaho Code Sections 50-2008 and 50-2906
Idaho law requires that the City Council, by resolution, must determine a geographic area
be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area
as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A
consultant was retained to study a proposed project area and prepare an eligibility report. The
area studied was originally reviewed for eligibility in 2001, and was deannexed from the
boundaries of the existing Meridian Revitalization Plan Urban Renewal Project, adopted by City
Council Ordinance No. 02-987, on December 3, 2002 (the “Downtown District Plan”), by the
First Amendment to the Downtown District Plan, adopted by City Council Ordinance No.
______, on ____________2020.
The eligibility report was submitted to the Agency. The Agency accepted the eligibility
report by Agency Resolution No. 20-003 on February 26, 2020, and thereafter submitted the
eligibility report to the City Council for its consideration.
The area studied was deemed by the City Council to be a deteriorating area and/or a
deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution
No. 20-2188 on March 10, 2020. With the adoption of Resolution No. 20-2188, the City Council
authorized the preparation of an urban renewal plan.
The Plan was prepared and submitted to the Agency for its review and approval. The
Agency approved the Plan by the adoption of Agency Resolution No. _______________ on
_______________, 2020, and submitted the Plan to the City Council with its recommendation
for adoption.
In accordance with the Law, this Plan was submitted to the Planning and Zoning
Commission of the City. After consideration of the Plan, the Commission, by resolution,
reported to the City Council that this Plan is in conformity with the City’s Comprehensive Plan.
Pursuant to the Law and Act, the City Council having published due notice thereof, a
public hearing was held on this Plan. Notice of the hearing was published in the Meridian Press,
a newspaper having general circulation in the City. The City Council adopted this Plan on
\[___________ __\], 2020, by Ordinance No. \[_____\].
103 History and Current Conditions of the Area
The Project Area is geographically discrete and contains approximately 16 acres of
underdeveloped land and right-of-way near the City’s downtown core and is generally bounded
by E. Idaho Avenue to the north, E. Third Street to the east, a portion of the railroad right-of-way
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to the south and N. Main Street to the west. The Project Area is zoned Old Town (OT), which is
intended to encourage a “centralized activity center and to encourage its renewal, revitalization
and growth as the public, quasi-public, cultural, financial and recreational center of the City.
Public and quasi-public uses integrated with general business, and medium high to high density
residential is encouraged to provide the appropriate mix and intensity of activities necessary to
establish a truly urban City center.”
Currently, a significant portion of the Project Area is under the ownership of public
entities and older commercial buildings on the northerly end of the Project Area have been
converted to public use as adjunct library space and an interim community center. This portion
of the Project Area also includes a small, City park. The southerly end of the Project Area is
occupied by older dilapidated structures located on large parcels and previously used for the sale
and storage of building materials. This area also includes a portion of railroad right-of-way. The
Project Area includes a total of fifteen (15) tax parcels.
Despite the increasing development in the City, the Project Area has remained virtually
unchanged over the last nineteen (19) years and does not reflect the vision for the area provided
in City planning documents. While generally the roadways surrounding the block north of E.
Broadway Avenue have been improved to current City standards with curbs, gutters, street
lighting and storm drainage facilities, the area south of E. Broadway Avenue requires further
investment in the public improvements. A portion of the south side of E. Broadway Avenue
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remains unimproved as does the east side of E. 3 Street. The west side of E. 3 Street south of
E. Broadway Avenue has curb and gutters in place with an adjacent narrow sidewalk, which is
interrupted by several unused curb cuts. The sidewalk appears unmaintained and is of
insufficient width to accommodate the high-density activity envisioned in City planning
documents. Improvements to the pedestrian facilities will serve the increased number of
pedestrians anticipated in the Project Area and will help with connectivity.
While water lines serve the Project Area, the water line located on the south side of the
railroad property does not extend the full length of the property and therefore is not looped into
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the Main Street line. Further, the water main located in E. 3 Street will likely need to be
upsized to a 12” main to serve the Project Area. These deficiencies are critical and require
remediation to support the necessary fire flows required for increased density in the Project Area.
A significant impediment to development has been the railroad parcels with attendant
title issues. Multiple attempts at conveyance and development have occurred over the last
several decades; however, the unusual conditions of title have likely stalled development,
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resulting in vacant, underutilized parcels. The E. 3 Street railroad crossing is currently
protected only by stop signs. With increased density, additional protections at the crossing may
be needed as the rail line is active and serves as the primary transit corridor for freight
movements from Boise and Meridian to the railroad mainline connection in Nampa.
Finally, the Project Area includes a portion of an open ditch lateral, the Hunter Lateral,
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which crosses E. 3 Street near the intersection with Broadway. As the lateral turns north across
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E. Broadway Avenue, the lateral is piped and undergrounded. The open ditch in this area creates
safety concerns for pedestrians.
The Plan proposes improvements to public infrastructure and other publicly-owned assets
throughout the Project Area, creating the framework for the development of a mixed-use, retail,
office, residential project, including the development of a community/recreation center, as well
as other public facilities and improvements, including but not limited to streets, streetscapes,
water and sewer improvements, environmental and floodplain remediation/site preparation,
public parking, other community facilities, parks, and pedestrian/bike paths and trails.
The Project Area is underdeveloped and is not being used to its highest and best use due
to the presence of a substantial number of deteriorating structures, deterioration of site, age and
obsolescence, a predominance of defective or inadequate street layout, faulty lot layout in
relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, and
defective or unusual conditions of title. The foregoing conditions have resulted in economic
underdevelopment of the area and has arrested or impaired growth in the Project Area.
The preparation and approval of an urban renewal plan, including a revenue allocation
financing provision, gives the City additional resources to solve the public infrastructure
problems in this area. Revenue allocation financing should help to improve the situation. In
effect, property taxes generated by new developments within the area may be used by the
Agency to finance a variety of needed public improvements and facilities. Finally, some of the
new developments may also generate new jobs in the community that would, in turn, benefit area
residents.
It is unlikely individual developers will take on the prohibitive costs of constructing the
necessary infrastructure in the Project Area without the ability of revenue allocation to help
offset at least some of these costs. But for urban renewal and revenue allocation financing the
proposed commercial and community developments and related public improvements would not
occur.
104 Purpose of Activities
Attachment 5 includes identification of the proposed public improvements necessary for
the contemplated development in the Project Area with specificity. The description of activities,
public improvements, and the estimated costs of those items are intended to create an outside
limit of the Agency’s activity. Due to the inherent difficulty in projecting future levy rates,
future taxable value, and the future costs of construction, the Agency reserves the right to:
a. Change funding amounts from one Project to another
b. To re- prioritize the Projects described in this Plan and the Plan Attachments
c. Retain flexibility in funding the various activities in order to best meet the Plan and the
needs of the Project Area.
d. Retain flexibility in determining whether to use the Agency’s funds or funds generated by
other sources.
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e. Alter the location of proposed improvements set forth in Attachment 5 to support
development when it occurs. The information included in Attachment 5 presents realistic
alternative development scenarios recognizing it is difficult to project with any certainty
where the improvements will be sited until any future projects submit plans to the City
for design review and permitting.
The Agency intends to discuss and negotiate with any owner or developer of the parcels
within the Project Area seeking Agency assistance during the duration of the Plan and Project
Area. During such negotiation, the Agency will determine, on an individual basis, the eligibility
of the activities sought for Agency funding, the amount the Agency may fund by way of
percentage or other criteria including the need for such assistance. The Agency will also take
into account the amount of revenue allocation proceeds estimated to be generated from the
developer’s activities. The Agency also reserves the right to establish by way of policy, its
funding percentage or participation, which would apply to all developers and owners and may
prioritize certain projects or types of projects.
Throughout this Plan, there are references to Agency activities, Agency funding, and the
acquisition, development, and contribution of public improvements. Such references do not
necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the
Agency the discretion to participate as stated subject to achieving the objectives of this Plan and
provided such activity is deemed eligible under the Law and the Act. The activities listed in
Attachment 5 will be determined or prioritized as the overall Project Area develops and through
the annual budget setting process.
The activities listed in Attachment 5 are also prioritized by way of importance to the
Agency by the amounts funded, and by year of funding, with earlier years reflecting the more
important activities, achievement of higher objectives, long term goals, and commitments. The
projected timing of funding is primarily a function of market conditions and the availability of
financial resources but is also strategic, considering the timing of private development
partnership opportunities and the ability of certain strategic activities to stimulate development at
given points in time within the planned 20-year period of the urban renewal district and revenue
allocation area.
The Study (Attachment 5) has described a list of prioritized public improvements and
other related activities with an estimated cost in 2020 dollars of approximately $15,040,000.00
for improvements related to construction of a community center, public open spaces,
construction of a public parking structure or structures and/or public surface parking facilities,
and public improvements related to private development of mixed-use commercial, office, and
residential buildings. This amount does not take into account inflationary factors, such as
increasing construction costs, which would increase that figure depending on when the owner,
developer and/or Agency is able to develop, construct or initiate those activities. The Study has
concluded the capacity of revenue allocation funds through the term of the Plan based on the
assumed development projects and assessed value increases will likely generate an estimated
$16,286,437.00. Subject to the City’s annual budgeting requirements and the availability of
funds, the City may contribute to the construction of the community facility in the amount of
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$3,000,000.00. The Agency reserves the discretion and flexibility to use revenue allocation
proceeds in excess of the amounts predicted in the event higher increases in assessed values
occur during the term of the Plan for the improvements and activities identified. Additionally,
the Agency reserves the discretion and flexibility to use other sources of funds unrelated to
revenue allocation to assist in the funding of the improvements and activities identified.
200 DESCRIPTION OF PROJECT AREA
The boundaries of the Project Area and the Revenue Allocation Area are shown on the
Project Area and Revenue Allocation Boundary Map, attached hereto as Attachment 1 and
incorporated herein by reference, and are described in the Legal Description of the Project Area
and Revenue Allocation Area, attached hereto as Attachment 2 and incorporated herein by
reference. For purposes of boundary descriptions and the use of proceeds for payment of
improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or
other natural boundary unless otherwise stated.
300 PROPOSED REDEVELOPMENT ACTIONS
301 General
The Agency proposes to eliminate and prevent the spread of deteriorating conditions and
deterioration in the Project Area by employing a strategy to improve and develop public and
private lands, and to grow the economy in the Project Area. Implementation of the strategy
includes, but is not limited to the following actions:
a. The engineering, design, installation, construction, and/or reconstruction of streets
and streetscapes, including but not limited to improvements and upgrades to E.
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Broadway Avenue, N. Main Street, E. 2 Street, and E. 3 Street and related
pedestrian facilities, curb and gutter, intersection and rail crossing improvements,
and traffic signals;
b. The engineering, design, installation, construction, and/or reconstruction of storm
water management infrastructure to support compliance with federal, state, and
local regulations for storm water discharge and to support private development;
c. The engineering, design, installation, construction, and/or reconstruction of
utilities (within and outside of the Project Area) including but not limited to
improvements and upgrades to the water distribution system, water capacity
improvements, water storage upgrades, sewer system improvements and
upgrades, gravity interceptor, and improvements, and upgrades to power, gas,
fiber optics, communications and other such facilities. Construction of utilities
outside of the Project Area are directly related to the growth and development
within the Project Area, but cannot be sited within the Project Area;
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d. Removal, burying, or relocation of overhead utilities; removal or relocation of
underground utilities; extension of electrical distribution lines and transformers;
improvement of irrigation and drainage ditches and laterals; undergrounding or
piping of laterals; addition of fiber optic lines or other communication systems;
public parking facilities, and other public improvements, including but not limited
to, fire protection systems, roadways, curbs, gutters, and streetscapes, which for
purposes of this Plan, the term streetscapes includes sidewalks, lighting,
landscaping, benches, signage, bike racks, public art, and similar amenities
between the curb and right-of-way line; and other public improvements, including
public open spaces that may be deemed appropriate by the Board;
e. The engineering, design, installation, and/or construction of a
community/recreation facility, and related public improvements;
f. The engineering, design, installation, and/or construction of a public parking
structure or structures and/or public surface parking lot and related public
improvements;
g. The provision for participation by property owners and developers within the
Project Area to achieve the objectives of this Plan;
h. The management of any property acquired by and under the ownership and
control of the Agency;
i. The provision for relocation assistance to displaced Project Area occupants and/or
businesses as a result of any Agency activity, as may be required by law;
j. The development or redevelopment of land by private enterprise or public
agencies for uses in accordance with this Plan;
k. The acquisition of real property for public right-of-way improvements, pedestrian
facilities, utility undergrounding, public parking facilities, useable public space,
pathways, and streetscape improvements to create development opportunities
consistent with the Plan, including but not limited to future disposition to
qualified developers and for qualified developments, including economic
development, and/or other public entities;
l. The demolition or removal of certain buildings and/or improvements for public
rights-of-way, pedestrian facilities, utility undergrounding, public parking
facilities, useable public space, pathways and streetscape improvements to
encourage and enhance transportation and mobility options, decrease
underutilized parcels, to eliminate unhealthful, unsanitary, or unsafe conditions,
eliminate obsolete or other uses detrimental to the public welfare or otherwise to
remove or to prevent the spread of deteriorating or deteriorated conditions and to
promote economic growth and development or redevelopment;
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m. The disposition of real property through a competitive process in accordance with
this Plan, Idaho law, including Idaho Code § 50-2011, and any disposition
policies adopted by the Agency;
n. The rehabilitation and adaptive reuse and repurposing of existing structures and
improvements;
o. The preparation and assembly of adequate sites for the development and
construction of facilities for mixed-use, residential, commercial, retail areas,
transit facilities, educational facilities and community and recreation facilities;
p. To the extent allowed by law, lend or invest federal or state funds to facilitate
redevelopment;
q. The environmental assessment and remediation of brownfield sites, or sites where
environmental conditions detrimental to redevelopment exist;
r. In collaboration with property owners and other stakeholders, working with the
City to amend zoning regulations (if necessary) and standards and guidelines for
the design of streetscape, plazas, pedestrian corridors, parks, open space and other
like public spaces applicable to the Project Area as needed to support
implementation of this Plan;
s. Agency and/or owner-developer construction, participation in the construction
and/or management of public parking facilities that support a desired level and
form of development to enhance the vitality of the Project Area;
t. The construction and financial support of cultural facilities and the enhancement
and construction of parks, open spaces, and public recreational facilities;
u. The provision of financial and other assistance to encourage and attract business
enterprise including but not limited to start-ups and microbusiness, unique
cultural businesses, mid-sized companies, and large-scale corporations;
v. In conjunction with the City, the establishment and implementation of
performance criteria to assure high site design standards and environmental
quality and other design elements which provide unity and integrity to the entire
Project Area, including commitment of funds for planning studies, achieving high
standards of development, and leveraging such development to achieve public
objectives and efficient use of scarce resources.
w. Other related improvements to those set forth above as further set forth in
Attachment 5.
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In the accomplishment of these purposes and activities and in the implementation and
furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and
as permitted by the Law and the Act.
302 Urban Renewal Plan Objectives
Urban renewal activity is necessary in the Project Area to combat problems of physical
deterioration or deteriorating conditions. As set forth in greater detail in Section 103, the Project
Area has a history of stagnant growth and development compared to the greater downtown area
of the City based on deteriorated or deteriorating conditions that have arrested or impaired
growth in the Project Area primarily attributed to: underdeveloped properties; inadequate
pedestrian and bicycle connectivity and mobility; the presence of a substantial number of
deteriorating structures; deterioration of site; age and obsolescence; a predominance of defective
or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility or
usefulness; unsanitary or unsafe conditions; and defective or very unusual conditions of title.
The Plan for the Project Area is a proposal to work in partnership with public and private entities
to improve, develop, and grow the economy within the Project Area by the implementation of a
strategy and program set forth in Section 301.
The provisions of this Plan are applicable to all public and private property in the Project
Area. The provisions of the Plan shall be interpreted and applied as objectives and goals,
recognizing the need for flexibility in interpretation and implementation, while at the same time
not in any way abdicating the rights and privileges of the property owners which are vested in
the present and future zoning classifications of the properties. All development under an owner
participation agreement shall conform to those standards specified in Section 303 of this Plan.
It is recognized that the Ada County Highway District has exclusive jurisdiction
over all public street rights-of-way within the Project Area, except for state highways.
Nothing in this Plan shall be construed to alter the powers of the Ada County Highway
District pursuant to Title 40, Idaho Code.
This Plan must be practical in order to succeed. Particular attention has been paid to how
it can be implemented, given the changing nature of market conditions. Transforming the
Project Area into a vital, thriving part of the community requires a proactive strategy. The
following represents the key elements of that effort:
a. Initiate simultaneous projects designed to revitalize the Project Area. From street
and utility improvements to significant new public or private development, the
Agency plays a key role in creating the necessary momentum to get and keep
things going.
b. Develop new mixed-use residential, commercial, and retail areas including the
development of a community and recreation facility, as well as encourage other
economic development opportunities.
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c. Secure and improve certain public open space in critical areas.
d. Initiate projects designed to encourage affordable and workforce housing options
and increased transportation and mobility options.
Without direct public intervention, the Project Area has and could conceivably remain
unchanged and in a deteriorated and/or deteriorating condition for the next twenty (20) years.
The Plan creates the necessary flexible framework for the Project Area to support the City’s
economic development while complying with the “specificity” requirement set forth in Idaho
Code § 50-2905.
Land use in the Project Area may be modified to the extent that the existing brownfields,
and underutilized, underdeveloped, deteriorated, deteriorating and vacant land, and land now
devoted to scattered inconsistent uses may be converted to a mixed-use, commercial, retail, and
residential area, including a community recreation facility, public open spaces, and a public
parking structure and/or a public surface parking lot. In implementing the activities described in
this Plan, the Agency shall give due consideration to the provision of adequate park, open space
and community and recreational areas and facilities that may be desirable for neighborhood
improvement, with special consideration for the health, safety, and welfare of residents in the
general vicinity of the Project Area covered by the Plan, recognizing the mixed-use nature of the
Project Area.
303 Participation Opportunities and Participation Agreements
The Agency may enter into various development participation agreements with any
existing or future owners of property in the Project Area, in the event such a property owner
seeks and/or receives assistance from the Agency in the development and/or redevelopment of
the property. The term “participation agreement” is intended to include all participation
agreements with a property owner, including reimbursement agreements, grant agreements,
disposition and development agreements or owner participation agreements. In that event, the
Agency may allow for an existing or future owner of property to remove the property and/or
structure from future Agency acquisition subject to entering into an owner participation
agreement. It is anticipated the Agency will enter into an owner participation agreement with the
current owner/developer of property within the Project Area and/or its related entities. The
Agency may also enter into owner participation agreements with other future owners and
developers within the Project Area throughout the duration of this Plan in order to implement the
infrastructure improvements set forth in this Plan.
Each structure and building in the Project Area to be rehabilitated or to be constructed as
a condition of the owner participation agreement between the Agency and the owner pursuant to
this Plan will be considered to be satisfactorily rehabilitated and constructed pursuant to the
requirements of the Law and Act, if the rehabilitated or new structure meets the standards set
forth in an executed owner participation agreement and complies with the applicable provisions
of this Plan, local codes and ordinances and the Idaho Code.
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All owner participation agreements will address development timing, justification
and eligibility of project costs, and achievement of the objectives of the Plan. The Agency
shall retain its discretion in the funding level of its participation. Obligations under owner
participation agreements shall terminate no later than the termination date of this Plan—
December 31, 2040. The Agency shall retain its discretion to negotiate an earlier date to
accomplish all obligations under any owner participation agreement.
In all owner participation agreements, participants who retain real property shall be
required to join in the recordation of such documents as may be necessary to make the provisions
of this Plan applicable to their properties. Whether or not a participant enters into an owner
participation agreement with the Agency, the provisions of this Plan are applicable to all public
and private property in the Project Area.
In the event a participant under an owner participation agreement fails or refuses to
rehabilitate, develop, use, and maintain its real property pursuant to this Plan and an owner
participation agreement, the real property or any interest therein may be acquired by the Agency
in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or
development in accordance with this Plan.
Owner participation agreements may be used to implement the following objectives:
Encouraging property owners to revitalize and/or remediate deteriorated areas or
deteriorating areas of their parcels to accelerate development in the Project Area.
Subject to the limitations of the Law and the Act, providing incentives to property
owners to encourage utilization and expansion of existing permitted uses during
the transition period to prevent a decline in the employment base and a
proliferation of vacant and deteriorated parcels in the Project Area during the
extended development and/or redevelopment of the Project Area.
To accommodate improvements and expansions allowed by City regulations and
generally consistent with this Plan for the Project Area.
Subject to the limitations of the Law and Act, providing incentives to improve
nonconforming properties so they implement the design guidelines contained in
this Plan to the extent possible and to encourage an orderly transition from
nonconforming to conforming uses through the term of the Plan.
• Provide for advance funding by the developer/owner participant of those certain
public improvements related to or needed for the private development and related
to the construction and certain public improvements related to the
community/recreation facility, public open spaces, and public parking structures
and/or surface lots. In that event, the Agency will agree as set out in the owner
participation agreement to reimburse a portion of, or all of, the costs of public
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improvements identified in the participation agreement from the revenue
allocation generated by the private development.
304 Cooperation with Public Bodies
Certain public bodies are authorized by state law to aid and cooperate, with or without
consideration, in the planning, undertaking, construction, or operation of this Project. The
Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate
this Plan with the activities of such public bodies in order to accomplish the purposes of
redevelopment and the highest public good.
The Agency, by law, is not authorized to acquire real property owned by public bodies
without the consent of such public bodies. The Agency will seek the cooperation of all public
bodies which own or intend to acquire property in the Project Area. All plans for development
of property in the Project Area by a public body shall be subject to Agency approval, in the event
the Agency is providing any financial assistance.
Subject to applicable authority, the Agency may impose on all public bodies the planning
and design controls contained in this Plan to ensure that present uses and any future development
by public bodies will conform to the requirements of this Plan; provided, however, the Ada
County Highway District has exclusive jurisdiction over Ada County Highway District streets.
The Agency is authorized to financially (and otherwise) assist any public entity in the cost of
public land, buildings, facilities, structures, or other improvements of the Project Area as allowed
by the Law and Act.
The Agency intends to cooperate to the extent allowable with the City and ACHD, as the
case may be, for the engineering, design, installation, construction, and/or reconstruction of
public infrastructure improvements, including, but not limited to water, sewer, storm drainage,
electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads,
curbs, gutters, sidewalks, walkways, public parking facilities and a community/recreation
facility. The Agency shall also cooperate with the City and ACHD on various relocation,
screening, or underground projects and the providing of fiber optic capability. To the extent any
public entity, including the City, has funded certain improvements such as roadway
improvements, pedestrian facilities, water and sewer facilities or storm drainage improvements,
the Agency may reimburse those entities for those expenses. The Agency also intends to
cooperate and seek available assistance from state, federal and other sources for economic
development.
In the event the Agency is participating in the public development by way of financial
incentive or otherwise, the public body shall enter into an agreement with the Agency and then
shall be bound by the Plan and other land use elements and shall take into consideration those
standards specified in Section 303 of this Plan.
This Plan does not financially bind or obligate the Agency to any project or property
acquisition; rather, for purposes of determining the economic feasibility of the Plan certain
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projects and expenditures have been estimated and included in the analysis. Agency revenue
and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in
any owner participation agreement and in the annual budget adopted by the Agency Board.
305 Property Acquisition
305.1 Real Property
Only as specifically authorized herein, the Agency may acquire, through the voluntary
measures described below, but is not required to acquire, any real property located in the Project
Area where it is determined that the property is needed for construction of public improvements,
required to eliminate or mitigate the deteriorated or deteriorating conditions, to facilitate
economic development, including acquisition of real property intended for disposition to
qualified developers through a competitive process, and as otherwise allowed by law. The
acquisition shall be by any means authorized by law, including, but not limited to, the Law, the
Act, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended, but shall not include the right to invoke eminent domain authority except as
authorized by Idaho law and provided herein. The Agency is authorized to acquire either the
entire fee or any other interest in real property less than a fee, including structures and fixtures
upon the real property, without acquiring the land upon which those structures and fixtures are
located.
The Agency intends to acquire any real property through voluntary or consensual gift,
devise, exchange, or purchase. Such acquisition of property may be for the development of the
public improvements identified in this Plan. Acquisition of property may be for the assembly of
properties for redevelopment to achieve Plan goals including public benefits. Such properties
may include properties owned by private parties or public entities. This Plan anticipates the
Agency’s use of its resources for property acquisition.
In the event the Agency identifies certain property which should be acquired to develop
certain public improvements intended to be constructed under the provisions of this Plan, the
Agency shall coordinate such property acquisition with any other public entity (e.g., without
limitation, the City, the state of Idaho, or any of its authorized agencies), including the assistance
of Agency funds to acquire said property either through a voluntary acquisition or the invocation
of eminent domain authority as limited by Idaho Code § 7-701A.
The Agency is authorized by this Plan and Idaho Code §§ 50-2010 and 50-2018(12) to
acquire the properties identified in Attachment 3 hereto for the purposes set forth in this Plan.
The Agency has identified its intent to acquire and/or participate in the development of certain
public improvements, including, but not limited to streets, streetscapes, lighting, water and sewer
improvements, improvements to the lateral, drainage facilities, intersection improvements,
including the installation of traffic signals and/or rail crossings, parking, parks and open space,
multi-use paths and trails, power and gas improvements and/or relocations, and other related
public infrastructure improvements, such as a community recreation facility and public
structured parking facility and/or surface lots. Further, the Agency may acquire real property to
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facilitate commercial development by assembling and disposing of developable parcels. The
Agency’s property acquisition will result in remediating deteriorating conditions in the Project
Area by facilitating the development of a mixed-use, office, residential, commercial, and retail
area, as well as a community recreation facility and public structured parking and/or surface lots.
The public improvements are intended to be dedicated to the City upon completion. The Agency
reserves the right to determine which properties identified, if any, should be acquired.
It is in the public interest and is necessary, in order to eliminate the conditions requiring
development and/or redevelopment and in order to execute this Plan, for the power of eminent
domain to be employed by the Agency to acquire real property in the Project Area for the public
improvements identified in this Plan, which cannot be acquired by gift, devise, exchange,
purchase, or any other lawful method, subject to the limitations set forth in Idaho Code § 7-
701A.
Under the provisions of the Act, the urban renewal plan “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.” Idaho Code § 50-2018(12). The Agency has generally described those properties by use as
set out in Attachment 3 for acquisition for the construction of public improvements. The Agency
may also acquire property for the purpose of developing streetscape and public utilities. The
Agency reserves the right to determine which properties identified, if any, should be acquired.
305.2 Personal Property
Generally, personal property shall not be acquired. However, where necessary in the
execution of this Plan, the Agency is authorized to acquire personal property in the Project Area
by any lawful means, including eminent domain as limited by Idaho Code § 7-701A for the
purpose of developing the public improvements described in section 305.1.
306 Property Management
During the time real property, if any, in the Project Area is owned by the Agency, such
property shall be under the management and control of the Agency. Such property may be
rented or leased by the Agency pending its disposition for development and/or redevelopment,
and such rental or lease shall be pursuant to such policies as the Agency may adopt.
307 Relocation of Persons (Including Individuals and Families), Business
Concerns, and Others Displaced by the Project
If the Agency receives federal funds for real estate acquisition and relocation, the Agency
shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended.
The Agency reserves the right to extend benefits for relocation to those not otherwise
entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency
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may determine to use as a reference the relocation benefits and guidelines promulgated by the
federal government, the state government, or local government, including the State Department
of Transportation and the Ada County Highway District. The intent of this section is to allow
the Agency sufficient flexibility to award relocation benefits on some rational basis, or by
payment of some lump-sum per case basis. The Agency may also consider the analysis of
replacement value for the compensation awarded to either owner occupants or businesses
displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt
relocation guidelines which would define the extent of relocation assistance in non-federally-
assisted projects and which relocation assistance to the greatest extent feasible would be uniform.
The Agency shall also coordinate with the various local, state, or federal agencies concerning
relocation assistance as may be warranted.
In the event the Agency’s activities result in displacement of families, the Agency shall
comply with, at a minimum, the standards set forth in the Law. The Agency shall also comply
with all applicable state laws concerning relocation benefits and shall also coordinate with the
various local, state, or federal agencies concerning relocation assistance.
308 Demolition, Clearance and Site Preparation
The Agency is authorized (but not required) to demolish and clear buildings, structures,
and other improvements from any real property in the Project Area as necessary to carry out the
purposes of this Plan.
Further, the Agency is authorized (but not required) to prepare, or cause to be prepared,
as building sites any real property in the Project Area owned by the Agency including site
preparation and/or environmental remediation.
309 Property Disposition and Development
309.1. Disposition by the Agency
For the purposes of this Plan, the Agency is authorized to sell, lease, lease/purchase,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or
otherwise dispose of any interest in real property under the reuse provisions set forth in Idaho
law, including Idaho Code § 50-2011 and pursuant to any disposition policies adopted by the
Agency. To the extent permitted by law, the Agency is authorized to dispose of real property by
negotiated lease, sale, or transfer without public bidding.
Real property acquired by the Agency may be conveyed by the Agency and, where
beneficial to the Project Area, without charge to any public body as allowed by law. All real
property acquired by the Agency in the Project Area shall be sold or leased to public or private
persons or entities for development for the uses permitted in this Plan.
Air rights and subterranean rights may be disposed of for any permitted use within the
Project Area boundaries.
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309.2 Disposition and Development Agreements
To provide adequate safeguards to ensure that the provisions of this Plan will be carried
out and to prevent the recurrence of deteriorating conditions, all real property sold, leased, or
conveyed by the Agency is subject to the provisions of this Plan.
The Agency shall reserve such powers and controls in the disposition and development
documents as the Agency deems may be necessary to prevent transfer, retention, or use of
property for speculative purposes and to ensure that development is carried out pursuant to this
Plan.
Leases, lease/purchases, deeds, contracts, agreements, and declarations of restrictions of
the Agency may contain restrictions, covenants, covenants running with the land, rights of
reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry
out this Plan. Where appropriate, as determined by the Agency, such documents, or portions
thereof, shall be recorded in the office of the Recorder of Ada County, Idaho.
All property in the Project Area is hereby subject to the restriction that there shall be no
discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or
ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or
enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a
disposition and development agreement shall be expressly subject by appropriate documents to
the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of
land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as
required by law.
As required by law or as determined in the Agency’s discretion to be in the best interest
of the Agency and the public, the following requirements and obligations shall be included in the
disposition and development agreement.
That the developers, their successors, and assigns agree:
a. That a detailed scope and schedule for the proposed development shall be
submitted to and agreed upon by the Agency.
b. That the purchase or lease of the land and/or subterranean rights and/or air rights
is for the purpose of redevelopment and not for speculation.
c. That the building of improvements will be commenced and completed as jointly
scheduled and determined by the Agency and the developer(s).
d. That the site and construction plans will be submitted to the Agency for review as
to conformity with the provisions and purposes of this Plan.
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e. All new construction shall have a minimum estimated life as may be reasonable
for the proposed development.
f. That rehabilitation of any existing structure must assure that the structure is safe
and sound in all physical respects and be refurbished and altered to bring the
property to an upgraded marketable condition which will continue throughout an
estimated useful life as may be reasonable for the proposed development.
g That the Agency receives adequate assurance acceptable to the Agency to ensure
performance under the contract for sale.
h. All such buildings or portions of the buildings which are to remain within the
Project Area shall be reconstructed in conformity with all applicable codes and
ordinances of the City.
i. All disposition and development documents shall be governed by the provisions
of Section 408 of this Plan.
The Agency also reserves the right to determine the extent of its participation based
upon the achievements of the objectives of this Plan. Obligations under any disposition and
development agreement and deed covenants, except for covenants which run with the land,
beyond the termination date of this Plan, shall terminate no later than December 31, 2040.
The Agency shall retain its discretion to negotiate an earlier date to accomplish all
obligations under any disposition and development agreement.
309.3. Development by the Agency
To the extent now or hereafter permitted by law, the Agency is authorized to pay for,
develop, or construct public improvements within the Project Area for itself or for any public
body or entity, which public improvements are or would be of benefit to the Project Area.
Specifically, the Agency may pay for, install, or construct the public improvements authorized
under Idaho Code Section 50-2007, 50-2018(10) and (13), and 50-2903(9), (13), and (14), and as
otherwise identified in Attachment 5 and may acquire or pay for the land required therefore.
Any public facility ultimately owned by the Agency shall be operated and managed in
such a manner to preserve the public purpose nature of the facility. Any lease agreement with a
private entity or management contract agreement shall include all necessary provisions sufficient
to protect the public interest and public purpose.
The Agency may enter into contracts, leases, and agreements with the City or other
public body or private entity pursuant to this section, and the obligation of the Agency under
such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in
Idaho Code § 50-2909 which may be made payable out of the taxes levied in the Project Area
and allocated to the Agency under Idaho Code § 50-2908(2)(b) and Section 504 to this Plan or
out of any other available funds.
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310 Development Plans
All development plans (whether public or private) prepared, pursuant to disposition and
development agreement or owner participation agreement, shall be submitted to the Agency
Board for approval and review. All development in the Project Area must conform to those
standards specified in Section 408 and all applicable City ordinances.
311 Personal Property Disposition
For the purposes of this Plan, the Agency is authorized to lease, sell, exchange, transfer,
assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the
Agency.
312 Participation with Others
Under the Law, the Agency has the authority to lend or invest funds obtained from the
federal government for the purposes of the Law if allowable under federal laws or regulations.
The federal funds that may be available to the Agency are governed by regulations promulgated
by the Department of Housing and Urban Development for the Community Development Block
Grant Program (“CDBG”), the Economic Development Administration, the Small Business
Administration, or other federal agencies. In order to enhance such grants, the Agency’s use of
revenue allocation funds is critical.
Under those regulations the Agency may participate with the private sector in the
development and financing of those private projects that will attain certain federal objectives.
The Agency may, therefore, use the federal funds for the provision of assistance to
private for-profit business, including, but not limited to, grants, loans, loan guarantees, interest
supplements, technical assistance, and other forms to support, for any other activity necessary or
appropriate to carry out an economic development project.
As allowed by law, the Agency may also use funds from any other sources or participate
with the private or public sector with regard to any programs administered by the Idaho
Department of Commerce for any purpose set forth under the Law or Act.
The Agency may enter into contracts, leases, and agreements with the City, or other
public body or private entity, pursuant to this section, and the obligation of the Agency under
such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in
Idaho Code § 50-2909 which may be made payable out of the taxes levied in the Project Area
and allocated to the Agency under Idaho Code § 50-2908(2)(b) and Section 504 to this Plan or
out of any other available funds.
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313 Conforming Owners
The Agency may, at the Agency’s sole and absolute discretion, determine that certain real
property within the Project Area presently meets the requirements of this Plan.
314 Arts and Cultural Funding
The Agency may dedicate resources for the construction or purchase of facilities for the
placement and maintenance of public art and arts projects may be selected and provided by the
Agency, separately from any construction costs of developers. Though not required, the Agency
Board generally makes selections of the works of art with assistance from the City and the
Meridian Arts Commission and may include review and approval of the City Council.
When possible, any Agency arts funding will be used to leverage additional contributions
from developers, other private sources, and public or quasi-public entitles for purposes of
including public art within the streetscape projects identified in this Plan.
400 USES PERMITTED IN THE PROJECT AREA
401 Designated Land Uses
The Agency intends to rely upon the overall land use designations and zoning
classifications of the City, as may be amended, and as tentatively depicted on Attachment 4 and
as set forth in the City’s Comprehensive Plan and within the Meridian zoning ordinance and
requirements, including the future land use map and zoning classifications, as may be amended.
For the most part, the Project Area will include a mixed-use commercial, retail, office and
residential project, as well as, a community recreation facility, public open spaces, and public
structured parking and/or surface lots. Such improvements are consistent with the OT zoning
designation. Provided, however, nothing herein within this Plan shall be deemed to be granting
any particular right to zoning classification or use.
402 Public Rights-of-Way
The Project Area contains existing maintained public rights-of-way as set forth on
nd
Attachment 1, including but not limited to E. Broadway Avenue, E. Idaho Avenue, E. 2
rd
Avenue and E. 3 Avenue. Additional public streets, alleys, and easements may be created in
the Project Area as needed for development. Existing streets, alleys, and easements may be
improved, abandoned, closed, vacated, expanded or modified as necessary for proper
development of the Project Area, in accordance with any applicable policies and standards of the
Idaho Transportation Department, the City or Ada County Highway District regarding changes
to dedicated rights-of-way.
Any development, maintenance and future changes to the existing interior or exterior
street layout shall be in accordance with the objectives of this Plan, and the City, the Ada County
Highway District, or the Idaho Department of Transportation’s design standards as may be
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applicable shall be effectuated in the manner prescribed by State and local law; and shall be
guided by the following criteria:
a. A balancing of the needs of proposed and potential new developments for
adequate pedestrian and vehicular access (including cars, trucks, bicycles, etc.),
vehicular parking, and delivery loading docks with the similar needs of any
existing developments permitted to remain. Such balancing shall take into
consideration the rights of existing owners and tenants under the rules for owner
and tenant participation adopted by the Agency for the Project and any
participation agreements executed thereunder;
b. The requirements imposed by such factors as topography, traffic safety, and
aesthetics; and
c. The potential need to serve not only the Project Area and new or existing
developments, but to also serve areas outside the Project Area by providing
convenient and efficient vehicular access and movement.
The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as
for public improvements, public and private utilities, and activities typically found in public
rights-of-way.
403 Other Public, Semi-Public, Institutional, and Nonprofit Uses
The Agency is also authorized to permit the maintenance, establishment, or enlargement
of public, semi-public, institutional, or nonprofit uses, including park and recreational facilities;
educational, fraternal, employee; philanthropic and charitable institutions; utilities; governmental
facilities; railroad rights-of-way and equipment; and facilities of other similar associations or
organizations. All such uses shall, to the extent possible, conform to the provisions of this Plan
applicable to the uses in the specific area involved. The Agency may impose such other
reasonable requirements and/or restrictions as may be necessary to protect the development and
use of the Project Area.
404 Interim Uses
Pending the ultimate development of land by developers and participants, the Agency is
authorized to use or allow the use of any land in the Project Area for interim uses that are not in
conformity with the uses permitted in this Plan. However, any interim use must comply with
applicable City Code.
405 Development in the Project Area Subject to the Plan
All real property in the Project Area, under the provisions of either a disposition and
development agreement or an owner participation agreement, is made subject to the controls and
requirements of this Plan. No such real property shall be developed, rehabilitated, or otherwise
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changed after the date of the adoption of this Plan, except in conformance with the provisions of
this Plan.
406 Construction Shall Comply with Applicable Federal, State, and Local Laws
and Ordinances and Agency Development Standards
All construction in the Project Area shall comply with all applicable state laws, the
Meridian City Code, as may be amended from time to time, and any applicable City Council
ordinances pending codification, including but not limited to, regulations concerning the type,
size, density, and height of buildings; open space, landscaping, light, air, and privacy; the
undergrounding of utilities; limitation or prohibition of development that is incompatible with
the surrounding area by reason of appearance, traffic, smoke, glare, noise, odor, or similar
factors; parcel subdivision; off-street loading and off-street parking requirements.
In addition to the Meridian City Code, ordinances, or other requirements governing
development in the Project Area, additional specific performance and development standards
may be adopted by the Agency to control and direct redevelopment activities in the Project Area
in the event of a disposition and development agreement or owner participation agreement.
407 Minor Variations
Under exceptional circumstances, the Agency, in its discretion, is authorized to allow a
variation from the limits, restrictions, and controls established by this Plan. In order to allow
such variation, the Agency must determine that the variation is not contrary to the objectives of
this Plan, is not materially detrimental to the public interest and is not contrary to Idaho law.
No variation shall be granted which permits other than a minor departure from the
provisions of this Plan. In allowing any such variation, the Agency shall impose such conditions
as are necessary to protect the public peace, health, safety, or welfare and to assure compliance
with the purposes of the Plan. Any variation allowed by the Agency hereunder shall not
supersede any other approval required under City codes and ordinances and shall not be
considered a modification to the Plan.
408 Design for Development under a Disposition and Development Agreement or
Owner Participation Agreement
Within the limits, restrictions, and controls established in this Plan, the Agency is
authorized to incorporate heights of buildings, density, land coverage, setback requirements,
design criteria, traffic circulation, traffic access, and other development and design controls
necessary for proper development of both private and public areas within the Project Area as
conditions of approval in applicable Agency agreements, including but not limited to disposition
and development agreements and owner participation agreements. Any development must also
comply with the City’s zoning ordinance regarding heights, setbacks, density and other like
standards.
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In the case of property which is the subject of a disposition and development agreement
or an owner participation agreement with the Agency, no new improvement shall be constructed,
and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated,
except in accordance with this Plan. Under those agreements the architectural, landscape, and
site plans shall be submitted to the Agency and approved in writing by the Agency. One of the
objectives of this Plan is to create an attractive and pleasant environment in the Project Area.
Therefore, such plans shall give consideration to good design, open space, and other amenities to
enhance the aesthetic quality of the Project Area. The Agency shall find that any approved plans
do comply with this Plan. The Agency reserves the right to impose such design standards on an
ad hoc, case by case basis through the approval process of the owner participation agreement or
disposition and development agreement. Any change to such approved design must be
consented to by the Agency and such consent may be conditioned upon reduction of Agency’s
financial participation towards the Project.
In the event the Agency adopts design standards or controls related to receipt of
assistance from the Agency, those provisions will thereafter apply to each site or portion thereof
in the Project Area. Those controls and standards will be implemented through the provisions of
any disposition and development agreement or owner participation agreement. These controls
are in addition to any standards and provisions of any applicable City building or zoning
ordinances; provided, however, each and every development shall comply with all applicable
City zoning and building ordinance.
409 Nonconforming Uses
This Section applies to property owners seeking assistance from the Agency regarding
their property. The Agency may allow an existing use to remain in an existing building and site
usage in good condition, which use does not conform to the provisions of this Plan, provided that
such use is generally compatible with existing and proposed developments and uses in the
Project Area. The owner of such a property must be willing to enter into an owner participation
agreement and agree to the imposition of such reasonable restrictions as may be necessary to
protect the development and use of the Project Area.
The Agency may authorize additions, alterations, repairs, or other improvements in the
Project Area for uses which do not conform to the provisions of this Plan where such
improvements are within a portion of the Project Area where, in the determination of the
Agency, such improvements would be compatible with surrounding Project uses and
development.
All nonconforming uses shall also comply with the City codes and ordinances.
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500 METHODS OF FINANCING THE PROJECT
501 General Description of the Proposed Financing Methods
The Agency is authorized to finance this Project with revenue allocation funds, financial
assistance from the City (loans, grants, other financial assistance), state of Idaho, federal
government or other public entities, interest income, developer advanced funds, donations, loans
from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency-
owned property, public parking revenue, or any other available source, public or private,
including assistance from any taxing district or any public entity.
The Agency is also authorized to obtain advances, lines of credit, borrow funds, and
create indebtedness in carrying out this Plan. The Agency may also consider an inter-fund
transfer from other urban renewal project areas. The principal and interest on such advances,
funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is
able, may also supply additional assistance through City loans and grants for various public
facilities.
As allowed by law and subject to restrictions as are imposed by law, the Agency is
authorized to issue notes or bonds from time to time, if it deems appropriate to do so, in order to
finance all or any part of the Project. Neither the members of the Agency nor any persons
executing the bonds are liable personally on the bonds by reason of their issuance.
502 Revenue Allocation Financing Provisions
The Agency hereby adopts revenue allocation financing provisions as authorized by the
Act, effective retroactively to January 1, 2020. These revenue allocation provisions shall apply
to all taxing districts which are located in or overlap the Revenue Allocation Area shown and
described on Attachments 1 and 2 to this Plan. The Agency shall take all actions necessary or
convenient to implement these revenue allocation financing provisions. The Agency specifically
finds that the equalized assessed valuation of property within the Revenue Allocation Area is
likely to increase as a result of the initiation of the Project.
The Agency, acting by one or more resolutions adopted by its Board, is hereby authorized
to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as
costs are incurred (pay-as-you-go) or to pledge all or any portion of such revenues to the
repayment of any moneys advance-funded by developers or owners, borrowed, indebtedness
incurred, or notes or bonds issued by the Agency to finance or to refinance the Project Costs (as
defined in Idaho Code § 50-2903(14)) of one or more urban renewal projects.
The Agency may consider a note or line of credit issued by a bank or lending institution
premised upon revenue allocation funds generated by a substantial private development
contemplated by the Study as defined in section 502.1, which would allow the Agency to more
quickly fund the public improvements contemplated by this Plan. Likewise, a developer/owner
advanced funding could achieve the same purpose.
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Upon enactment of a City Council ordinance finally adopting these revenue allocation
financing provisions and defining the Revenue Allocation Area described herein as part of the
Plan, there shall hereby be created a special fund of the Agency into which the County Treasurer
shall deposit allocated revenues as provided in Idaho Code § 50-2908. The Agency shall use
such funds solely in accordance with Idaho Code § 50-2909 and solely for the purpose of
providing funds to pay the Project Costs, including any incidental costs, of such urban renewal
projects as the Agency may determine by resolution or resolutions of its Board.
A statement listing proposed public improvements and facilities, a schedule of
improvements, an economic feasibility study, estimated project costs, fiscal impact upon other
taxing districts, and methods of financing project costs required by Idaho Code § 50-2905 is
included in this Plan and in Attachment 5 to this Plan. This statement necessarily incorporates
estimates and projections based on the Agency’s and the consultants’ present knowledge and
expectations. The Agency is hereby authorized to adjust the presently anticipated urban renewal
projects and use of revenue allocation financing of the related Project Costs if the Board deems
such adjustment necessary or convenient to effectuate the general objectives of the Plan in order
to account for revenue inconsistencies, market adjustments, future priorities, and unknown future
costs. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more
specifically detailed in the annual budget.
The Agency may appropriate funds consisting of revenue allocation proceeds on an
annual basis without the issuance of notes or bonds. The Agency may also obtain advances or
loans from the City or Agency, or private entity and financial institutions in order to immediately
commence construction of certain of the public improvements. Developer advanced funding of
public improvements could also achieve the same purpose. The revenue allocation proceeds are
hereby irrevocably pledged for the payment of the principal and interest on the advance of
monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other
obligations (whether funded, refunded, assumed, or otherwise) by the Agency to finance or
refinance the Project in whole or in part, including reimbursement to developers for the cost of
eligible public improvements.
Revenues will continue to be allocated to the Agency until termination of the revenue
allocation area as set forth in Section 800. Attachment 5 incorporates estimates and projections
based on the Agency’s and the consultants’ present knowledge and expectations concerning the
length of time to complete the improvements and estimated future revenues. The activity may
take longer depending on the significance and timeliness of development. Alternatively, the
activity may be completed earlier if revenue allocation proceeds are greater or the Agency
obtains additional funds.
502.1 Economic Feasibility Study
Attachment 5 constitutes the Economic Feasibility Study (“Study”) for the urban renewal
area prepared by Kushlan | Associates and SMR Development, LLC. The Study constitutes the
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financial analysis required by the Act and is based upon existing information from property
owners, developers, the Agency, City and others.
502.2 Assumptions and Conditions/Economic Feasibility
Statement
The information contained in Attachment 5 assumes certain completed and projected
actions. All debt is projected to be repaid no later than the duration period of the Plan. The total
amount of bonded indebtedness, developer reimbursement and all other loans or indebtedness,
and the amount of revenue generated by revenue allocation are dependent upon the extent and
timing of private development. Should all of the proposed development take place as projected,
the project indebtedness could be extinguished earlier, dependent upon the bond sale documents
or other legal obligations. Should private development take longer to materialize, or should the
private development be substantially less than projected, then the amount of revenue generated
will be substantially reduced and debt may continue for its full term.
The Plan and the Plan Attachments incorporate estimates and projections based on the
Agency’s and consultants’ present knowledge and expectations. The Plan proposes certain
public improvements as set forth in Attachment 5, which will facilitate mixed-use commercial,
residential, office and retail development in the Revenue Allocation Area.
The assumptions set forth in the Study are based upon the best information available to
the Agency and consultants through public sources or discussions with property owners,
developers, City staff and others. The information has been analyzed by the Agency and its
consultants in order to provide an analysis that meets the requirements set forth under the Law
and Act. At the point in time when the Agency may seek a loan from lenders or others, a more
detailed and then-current financial pro forma will be presented to those lenders or underwriters
for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency
reserves the right to fund the Project on a “pay as you go” basis. The Agency Board will
prioritize the activities set forth in this Plan and determine what funds are available and what
activities can be funded. The Agency will establish those priorities through its mandated annual
budgetary process.
The list of public improvements, or activities within Attachment 5 are prioritized by way
of importance to the Agency, by feasibility based on estimated revenues to be received, amounts
funded, and by year of funding. The projected timing of funding is primarily a function of the
availability of financial resources and market conditions but is also strategic, considering the
timing of private development partnership opportunities and the ability of certain strategic
activities to stimulate development at given points in time within the duration of the Plan and
Project Area.
The assumptions concerning revenue allocation proceeds are based upon certain
anticipated development, assessed value increases and assumed levy rates as more specifically
set forth in Attachment 5. Further, the financial analysis set forth in Attachment 5 has taken into
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account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50-
2908.
The types of new construction expected in the Project Area are mixed-use, residential,
commercial, office and retail projects, and related public improvements, as well as a community
recreation facility, public open spaces, and public structured parking facility and/or surface
parking lots. The Project Area has potential for a significant increase in residential, commercial,
and retail growth due to the location of the Project Area. However, without a method to
construct the identified public improvements such as water lines, street infrastructure, and
pedestrian amenities, development is unlikely to occur in much of the Project Area.
502.3 Ten Percent Limitation
Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed
gross/net ten percent (10%) of the current assessed taxable value for the entire City. According to
1
the Ada County Assessor, the assessed taxable value for the City as of January 1, 2019, less
homeowner’s exemptions is $9,465,760,011.00. Therefore, the 10% limit is $946,576,001.00.
The adjusted base assessed value of each of the existing or proposed revenue allocation
areas as of January 1, 2019, is as follows:
2
Meridian Revitalization Plan (Downtown District Plan) $131,252,900
Ten Mile District $12,582,900
Union District $2,163,380
The adjusted base values for the combined revenue allocation areas total $145,998,180,
which is less than 10% of the City’s 2019 taxable value.
502.4 Financial Limitation
The Study identifies several capital improvement projects. Use of any particular
financing or funding source for any particular purpose is not assured or identified. Use of the
funding source shall be conditioned on any limitations set forth in the Law, the Act, by contract,
or by other federal regulations. If revenue allocation funds are unavailable, then the Agency will
need to use a different funding source for that improvement.
The amount of funds available to the Agency from revenue allocation financing is
directly related to the assessed value of new improvements within the Revenue Allocation Area.
Under the Act, the Agency is allowed the revenue allocation generated from inflationary
1
Due to the timing of the assessment process and creation of this Plan, the 2019 values have been used to establish
compliance with the 10% limitation. Using the 2019 values, the total adjusted base value of the existing and
proposed revenue allocation areas combined with the value of this Project Area are less than 2% of the total taxable
value of the City. Even assuming an increase in values for 2020, the combined adjusted base values of the revenue
allocation areas would not exceed 10% of the current assessed taxable value for the entire City.
2
Less area deannexed by the First Amendment to the Meridian Revitalization Plan Urban Renewal Project, adopted
by City Council Ordinance No. ______ on June ___, 2020.
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increases and new development value. Increases have been assumed based upon the projected
value of new development as that development occurs along with possible land reassessment
based on a construction start.
The Study, with the various estimates and projections, constitutes an economic feasibility
study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds
during the project. Multiple financing sources including annual revenue allocations, developer
contributions, City contributions, interfund loan, property disposition, and other funds are shown.
This Study identifies the kind, number, and location of all anticipated public works or
improvements, a detailed list of estimated project costs, a description of the methods of financing
the estimated project costs, and the time when related costs or monetary obligations are to be
incurred. See Idaho Code § 50-2905. Based on these funding sources, the conclusion is that the
project is feasible.
The Agency reserves the discretion and flexibility to use revenue allocation proceeds in
excess of the amounts projected in the Study for the purpose of funding the additional identified
projects and improvements. The projections in the Study are based on reasonable assumptions
and existing market conditions. However, should the Project Area result in greater than
anticipated revenues, the Agency specifically reserves the ability to fund the additional activities
and projects identified in this Plan. Further, the Agency reserves the discretion and flexibility to
use other sources of funds unrelated to revenue allocation to assist in the funding of the
improvements and activities identified, including but not limited to owner participation
agreements and disposition and development agreements. The Agency may also, re-prioritize
projects pursuant to market conditions, project timing, funding availability, etc. as more
specifically detailed in the annual budget.
The proposed timing for the public improvements may very well have to be adjusted
depending upon the availability of some of the funds and the Agency’s ability to finance any
portion of the Project. Any adjustment to Project timing or funding is technical or
ministerial in nature and shall not be considered a modification of the Plan pursuant to
Idaho Code § 50-2903A.
Attachment 5 lists those public improvements the Agency intends to construct through
the term of the Plan. The costs of improvements are estimates only as it is impossible to know
with any certainty what the costs of improvements will be in future years. There is general
recognition that construction costs fluctuate and are impacted by future unknowns, such as, the
cost of materials and laborers. Final costs will be determined by way of construction contract
public bidding or by an agreement between the developer/owner and Agency. The listing of
public improvements does not commit the City or Agency to any particular level of funding;
rather, identification of the activity in the Plan allows the Agency to negotiate the terms of any
reimbursement with the developer and/or City. This Plan does not financially bind or obligate
the City or Agency to any project or property acquisition; rather, for purposes of determining the
economic feasibility of the Plan certain projects and expenditures have been estimated and
included in the analysis. Agency revenue and the ability to fund reimbursement of eligible
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Project Costs is more specifically detailed in any participation agreement and in the annual
budget adopted by the Agency Board.
The Agency reserves its discretion and flexibility in deciding which improvements are
more critical for development, and the Agency intends to coordinate its public improvements
with associated development by private developers/owners. The Agency also intends to
coordinate its participation in the public improvements with the receipt of certain grants or loans
which may require the Agency’s participation in some combination with the grant and loan
funding.
Generally, the Agency expects to develop those improvements identified in Attachment 5
first, in conjunction with private development within the Project Area generating the increment
as identified in Attachment 5.
The Plan has shown that the equalized valuation of the Revenue Allocation Area as
defined in the Plan is likely to increase as a result of the initiation and completion of urban
renewal projects pursuant to the Plan.
502.5 Participation with Local Improvement Districts and Business
Improvement Districts
Under the Idaho Local Improvement (“LID”) District Code, Chapter 17, Title 50, Idaho
Code, the City has the authority to establish local improvement districts for various public
facilities, including, but not limited to, streets, curbs, gutters, sidewalks, storm drains,
landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency
reserves the authority, but not the obligation, to participate in the funding of local improvement
district facilities. This participation may include either direct funding to reduce the overall cost
of the LID or to participate as an assessed entity to finance the LID project. Similarly, to the
extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation,
to participate in the funding of the purposes specified under the Business Improvement Districts,
Chapter 26, Title 50, Idaho Code.
502.6 Issuance of Debt and Debt Limitation
Any debt incurred by the Agency as allowed by the Law and Act shall be secured by
revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All
such debt shall be repaid within the duration of this Plan, except as may be authorized by law.
502.7 Impact on Other Taxing Districts and Levy Rate
An estimate of the overall impact of the revenue allocation project on each taxing district
is shown in the Study through the new development projections set forth in Attachment 5.
The assessed value for each property in a revenue allocation area consists of a base value
and an increment value. The base value is the assessed value as of January 1 of the year in
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which a revenue allocation area is approved by a municipality, with periodic adjustments
allowed by Idaho law. The increment value is the difference between the adjusted base assessed
value and current assessed taxable value in any given year while the property is in a revenue
allocation area. Under Idaho Code § 63-802, taxing entities are constrained in establishing levy
rates by the amount each budget of each taxing district can increase on an annual basis. Taxing
entities submit proposed budgets to the County Board of Commissioners, which budgets are
required to comply with the limitations set forth in Idaho Code § 63-802. Therefore, the impact
of revenue allocation is more of a product of the imposition of Idaho Code § 63-802, than the
effect of urban renewal.
The County Board of Commissioners calculates the levy rate required to produce the
proposed budget amount for each taxing entity using the assessed values which are subject to
each taxing entity’s levy rate. Assessed values in urban renewal districts which are subject to
revenue allocation (incremental values) are not included in this calculation. The combined levy
rate for the taxing entities is applied to the incremental property values in a revenue allocation
area to determine the amount of property tax revenue which is allocated to an urban renewal
agency. The property taxes generated by the base values in the urban renewal districts and by
properties outside revenue allocation areas are distributed to the other taxing entities. Properties
in revenue allocation areas are subject to the same levy rate as they would be outside a revenue
allocation area. The difference is how the revenue is distributed. If the overall levy rate is less
than assumed, the Agency will receive fewer funds from revenue allocation.
In addition, without the Revenue Allocation Area and its ability to pay for public
improvements and public facilities, fewer substantial improvements within the Revenue
Allocation Area would be expected during the term of the Plan; hence, there would be lower
increases in assessed valuation to be used by the other taxing entities. The Study’s analysis is
premised upon the fact the proposed development would not occur but for the ability to use
revenue allocation funds to fund certain significant public infrastructure improvements.
One result of new construction occurring outside the revenue allocation area (Idaho Code
§§ 63-802 and 63-301A) is the likely reduction of the levy rate as assessed values increase for
property within each taxing entity’s jurisdiction. From and after December 31, 2006, Idaho
Code § 63-301A prohibits taxing entities from including, as part of the new construction roll, the
increased value related to new construction within a revenue allocation area until the revenue
allocation authority is terminated. Any new construction within the Project Area is not available
in the short term for inclusion by the taxing entities to increase their budget capacity. Under
current law, upon termination of this Plan or deannexation of area, the taxing entities will be able
to include the accumulated new construction roll value in setting the following year’s budget and
revenue from such value is not limited to the three percent increase allowed in Idaho Code § 63-
802(1)(a).
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As 2019 certified levy rates are not determined until late September 2020, the 2019
3
certified levy rates have been used in the Study for purposes of the analysis. Those taxing
districts and rates area as follows:
Taxing District Levies:
Ada County .002549212
Ada County Highway District .000771526
City of Meridian .003083910
West Ada School District .000014448
Ada County Ambulance .000121963
Mosquito Abatement District .000021765
College of Western Idaho .000128506
Meridian Cemetery .000037985
Meridian Free Library .000441567
Western Ada Recreation .000042391
TOTAL: .007213273
The Study has made certain assumptions concerning the levy rate primarily based on the
Idaho Legislature’s intended study of the property tax system, as well as the recognition of the
termination of the Meridian Revitalization Plan Urban Renewal Project during the life of this
Plan and Project Area. For purposes of this Plan and the Study, the levy rate is estimated
conservatively to be .0065, which is an almost 10% reduction of the estimated applicable levy
rate set forth above. The levy rate is estimated to stay level for the life of the revenue allocation
area. If the overall levy rate is less than projected, or the land values do not increase as expected,
or expected development fails to occur as estimated, the Agency shall receive fewer funds from
revenue allocation.
Pursuant to Idaho Code § 50-2908, the Agency is not entitled to revenue allocation
proceeds from certain levy increases which are allowed by either specific statutory authorization
or approved by an election of the qualified electors of the particular taxing district. Therefore,
for any levy election, the Agency will not receive revenue allocation funds which would have
been generated by imposing that levy on the assessed valuation within the Project Area. The
Study has taken this statute into account.
503 Lease Revenue, Parking Revenue, and Bonds
Under the Law (Idaho Code § 50-2012), the Agency is authorized to issue revenue bonds
to finance certain public improvements identified in the Plan. Under that type of financing, the
public entity would pay the Agency a lease payment annually which provides certain funds to the
Agency to retire the bond debt. Another variation of this type of financing is sometimes referred
to as conduit financing, which provides a mechanism where the Agency uses its bonding
3
Due to the timing of the taxing districts’ budget and levy setting process, certification of the 2020 levy rates did not
occur until after this Plan had been prepared and considered by the Agency. In order to provide a basis to analyze
the impact on the taxing entities, the 2019 levy rates are used. Use of the 2019 levy rates provides a more accurate
base than estimating the 2020 levy rates.
33
authority for the Project, with the end user making payments to the Agency to retire the bond
debt. These sources of revenues are not related to revenue allocation funds and are not
particularly noted in the Study, because of the “pass through” aspects of the financing. Under
the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency’s
financial model.
These financing models typically are for a longer period of time than the 20-year period
set forth in the Act. However, these financing models do not involve revenue allocation funds,
but rather funds from the end users which provide a funding source for the Agency to continue to
own and operate the facility beyond the term of the Plan as allowed by Idaho Code § 50-2905(8)
as those resources involve funds not related to revenue allocation funds.
504 Membership Dues and Support of Community Economic Development
The Act is premised upon economic development being a valid public purpose. To the
extent allowed by the Law and the Act, the Agency reserves the authority to use revenue
allocation funds to contract with non-profit and charitable organizations established for the
purpose of supporting economic development and job creation. Additionally, the Agency
reserves the authority to expend revenue allocation funds to join, participate and support non-
profit organizations established to support Agency best practices and administration. The
District Operating Expenses identified in the Study shall be deemed to include expenditures for
the purposes described in this section as may be deemed appropriate during the annual budgetary
process.
600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES
The City shall aid and cooperate with the Agency in carrying out this Plan and shall take
all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to
prevent the recurrence or spread in the area of conditions causing deterioration. Actions by the
City shall include, but not be limited to, the following:
a. Institution and completion of proceedings necessary for changes and
improvements in private and publicly owned public utilities within or affecting
the Project Area.
b. Revision of zoning (if necessary) within the Project Area to permit the land uses
and development authorized by this Plan.
c. Imposition wherever necessary of appropriate controls within the limits of this
Plan upon parcels in the Project Area to ensure their proper development and use.
d. Provision for administrative enforcement of this Plan by the City after
development. The City and the Agency may develop and provide for
enforcement of a program for continued maintenance by owners of all real
34
property, both public and private, within the Project Area throughout the duration
of this Plan.
e. Building Code enforcement.
f. Performance of the above actions and of all other functions and services relating
to public peace, health, safety, and physical development normally rendered in
accordance with a schedule which will permit the development and/or
redevelopment of the Project Area to be commenced and carried to completion
without unnecessary delays.
g. The undertaking and completing of any other proceedings necessary to carry out
the Project.
h. Administration of Community Development Block Grant funds that may be made
available for this Project.
i. Appropriate agreements with the Agency for administration, supporting services,
funding sources, and the like.
j. Use of public entity labor, services, and materials for construction of the public
improvements listed in this Plan.
k. Coordination of the development agreements entered into by the City and
developer with the goals of the Plan.
l. Assist with coordinating and implementing the public improvements in the
Project Area identified in the Study.
In addition to the above, the City may elect to waive hookup or installation fees for
sewer, water, or other utility services for any facility owned by any public entity or Agency
facility and waive any city impact fee for development within the Project Area. The foregoing
actions to be taken by the City do not constitute any commitment for financial outlays by the
City or other applicable public entity.
601 Maintenance of Public Improvements
The Agency has not identified any commitment or obligation for long-term maintenance
of the public improvements identified. The Agency will need to address this issue with the
appropriate entity, public or private, who has benefited from or is involved in the ongoing
preservation of the public improvement. The Agency expects to dedicate public improvements
to the City.
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700 ENFORCEMENT
The administration and enforcement of this Plan, including the preparation and execution
of any documents implementing this Plan, shall be performed by the Agency and/or the City.
800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW
The provisions of this Plan shall be effective, and the provisions of other documents
formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date
of the Plan subject to modifications and/or extensions set forth in Idaho Code §§ 50-2904 and
50-2905(7). The revenue allocation authority will expire on December 31, 2040, except for any
revenue allocation proceeds received in calendar year 2041, as contemplated by Idaho Code §
50-2905(7). The Agency may use proceeds in 2041 to complete the projects set forth herein. As
stated in the Plan, any owner participation agreement or disposition and development agreement
obligations will cease as of December 31, 2040.
Idaho Code § 50-2903(5) provides the Agency shall adopt a resolution of intent to
terminate the revenue allocation area by September 1 of the termination year. In order to provide
sufficient notice of termination to the affected taxing districts to allow them to benefit from the
increased budget capacity, the Agency will use its best efforts to provide notice of its intent to
terminate this Plan and its revenue allocation authority by May 1, 2041, or if the Agency
determines an earlier terminate date, then by May 1 of the early termination year:
a. When the Revenue Allocation Area plan budget estimates that all financial
obligations have been provided for, the principal of and interest on such moneys,
indebtedness, and bonds have been paid in full or when deposits in the special
fund or funds created under this chapter are sufficient to pay such principal and
interest as they come due, and to fund reserves, if any, or any other obligations of
the Agency funded through revenue allocation proceeds shall be satisfied and the
Agency has determined no additional project costs need be funded through
revenue allocation financing, the allocation of revenues under Idaho Code § 50-
2908 shall thereupon cease; any moneys in such fund or funds in excess of the
amount necessary to pay such principal and interest shall be distributed to the
affected taxing districts in which the Revenue Allocation Area is located by the
County Clerk in the same manner and proportion as the most recent distribution to
the affected taxing districts of the taxes on the taxable property located within the
Revenue Allocation Area; and the powers granted to the urban renewal agency
under Idaho Code § 50-2909 shall thereupon terminate.
b. 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 Plan.
c. For the fiscal year that immediately predates the termination date, the Agency
shall adopt and publish a budget specifically for the projected revenues and
36
expenses of the Plan and make a determination as to whether the Revenue
Allocation Area can be terminated before January 1 of the termination year
pursuant to the terms of Idaho Code § 50-2909(4). In the event that the Agency
determines that current tax year revenues are sufficient to cover all estimated
expenses for the current year and all future years, by May 1, but in any event, no
later than September 1, the Agency shall adopt a resolution advising and notifying
the local governing body, the county auditor, and the State Tax Commission,
recommending the adoption of an ordinance for termination of the Revenue
Allocation Area by December 31 of the current year, and declaring a surplus to be
distributed as described in Idaho Code § 50-2909 should a surplus be determined
to exist. The Agency shall cause the ordinance to be filed with the office of the
county recorder and the Idaho State Tax Commission as provided in Idaho Code §
63-215.
Upon termination of the revenue allocation authority of the Plan to the extent the Agency
owns or possesses any assets, the Agency shall dispose of any remaining assets by granting or
conveying or dedicating such assets to the City.
As allowed by Idaho Code § 50-2905(8), the Agency may retain assets or revenues
generated from such assets as loans; the Agency shall have resources other than revenue
allocation funds to operate and manage such assets. Similarly, facilities which provide a lease
income stream to the Agency for full retirement of the facility debt will allow the Agency to
meet debt services obligations and provide for the continued operation and management of the
facility.
For those assets which do not provide such resources or revenues, the Agency will likely
convey such assets to the City, depending on the nature of the asset.
900 PROCEDURE FOR AMENDMENT OR MODIFICATION
To the extent there are any outstanding loans or obligations, this Plan shall not be
modified pursuant to the provisions set forth in Idaho Code § 50-2903A. Modification of this
Plan results in a reset of the base 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, effectively eliminating the Agency’s revenue stream as
more fully set forth in Idaho Code § 50-2903A subject to certain limited exceptions contained
therein, including the exception to allow an amendment to support growth of an existing
commercial or industrial project. I.C. § 50-2903A(1)(a)(iv).. As more specifically identified
above, the Agency’s projections are based on estimated values, estimated levy rates, estimated
future development, and estimated costs of future construction/improvements. Annual
adjustments as more specifically set forth in the Agency’s annual budget will be required to
account for more/less estimated revenue and prioritization of projects. Any adjustments for these
stated purposes are technical and ministerial and are not deemed a modification under Idaho
Code § 50-2903A(1)(a)(i).
37
1000 SEVERABILITY
If any one or more of the provisions contained in this Plan to be performed on the part of
the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then
such provision or provisions shall be null and void and shall be deemed separable from the
remaining provisions in this Plan and shall in no way affect the validity of the other provisions of
this Plan.
1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS
Under the Law, the Agency is required to file with the City, on or before March 31 of
each year, a report of the Agency’s activities for the preceding calendar year, which report shall
include a complete financial statement setting forth its assets, liabilities, income, and operating
expenses as of the end of such calendar year. This annual report shall be considered at a public
meeting to report these findings and take comments from the public.
Additionally, the Agency must comply with certain other reporting requirements as set
forth in Idaho Code § 67-450E, the local government registry portal, Idaho Code § 50-2913, the
tax commission plan repository, and Idaho Code § 50-2903A, the tax commission’s plan
modification annual attestation. Failure to report the information requested under any of these
statutes results in significant penalties, including loss of increment revenue, and the imposition
of other compliance measures by the Ada County Board of County Commissioners.
1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES
All attachments and tables referenced in this Plan are attached and incorporated herein by
their reference. All other documents referenced in this Plan but not attached are incorporated by
their reference as if set forth fully.
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Attachment 1
Project Area and Revenue Allocation Area Boundary Map
Attachment 2
Legal Description of Project Area and Revenue Allocation Area
An area consisting of approximately 16 acres as more particularly described as follows:
Attachment 3
Properties (Public and/or Private) Which May Be Acquired by Agency
1. Properties which may be subject to acquisition by the Agency included parcels to:
a) assemble with adjacent parcels to facilitate development and/or redevelopment;
b) assemble with adjacent rights-of-way to improve configuration and enlarge
parcels for development and/or redevelopment;
c) reconfigure sites for development and possible extension of streets or pathways
d) assemble for future transfer to qualified developers to facilitate the development
of mixed-use, residential, commercial, office and retail areas.
e) assemble for the construction of certain public improvements, including but not
limited to streets, streetscapes, water and sewer improvements, environmental and
floodplain remediation/site preparation, public parking, community and recreation
facilities, parks, pedestrian/bike paths and trails, and open space.
2. The Agency reserves the right to acquire any additional right-of-way or access routes near
or around existing or planned rights-of-way.
3. The Agency reserves the right to acquire property needed to provide adequately sized sites
for high priority projects for the development of public improvements (the exact location
of which has not been determined).
4. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration
projects, constructing public parking, constructing new streets or pathways, enhancing
public spaces, or to implement other elements of the urban renewal plan strategy and/or
the Plan for the Project Area.
Attachment 4
Map Depicting Expected Land Uses and Current Zoning
Within Revenue Allocation Area and Project Area
Attachment 5
Economic Feasibility Study
4840-3668-4470, v. 4