Loading...
Summary of Ordinance as Published 21-1958 D6 I SUNDAY, DECEMBER 19, 2021 IDAHO PRESS LEGAL NOTICE b.The engineering,design,installation,construction,and/or reconstruction of the Local Road Project,including related streetscapes(defined above)and pedestrian facilities,curb and gutter,intersection improvements,and NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANTTO traffic control measures; I.C.§50-901(A)CITY OF MERIDIAN ORDINANCE NO.21-1958 c.The engineering,design,installation,construction,and/or reconstruction of the Sewer Main Project,including but not limited to lift station and/or other such improvements related to the Sewer Main Project; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO,APPROVING THE URBAN d.The engineering,design,installation,construction,and/or reconstruction of storm water management infra- RENEWAL PLAN FOR THE LINDER DISTRICT URBAN RENEWAL PROJECT,WHICH PLAN INCLUDES structure to support compliance with federal,state,and local regulations for storm water discharge related to the REVENUE ALLOCATION FINANCING PROVISIONS;AUTHORIZING THE CITY CLERK TO TRANSMIT A Projects; COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS e.The provision for participation by property owners and developers within the Project Area to achieve the AND THE AFFECTED TAXING ENTITIES;PROVIDING SEVERABILITY;APPROVING THE SUMMARY OF objectives of this Plan and the Ten Mile SAP; THE ORDINANCE;PROVIDING FOR WAIVER OF THE READING RULES;AND PROVIDING AN EFFECTIVE f.The acquisition of real property for public right-of-way improvements and underground utilities to encourage DATE. development opportunities consistent with the Ten Mile SAP; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: g.The demolition or removal of certain buildings and/or improvements for public rights-of-way and streets- cape(as defined above)improvements,pedestrian facilities,utility undergrounding extension and upgrades SECTION 1:It is hereby found and determined that: to encourage and enhance transportation and mobility options,decrease underutilized parcels,to eliminate (a)The Linder District Project Area as defined in the Linder District Plan is a deteriorated area or a deteriorating unhealthful,unsanitary,or unsafe conditions,eliminate obsolete or other uses detrimental to the public welfare area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; (b)The rehabilitation,conservation,development and redevelopment of the urban renewal area pursuant to the h.The development or redevelopment of land by private enterprise or public agencies for uses in accordance Linder District Plan are necessary in the interests of public health,safety,and welfare of the residents of the with this Plan and the Ten Mile SAP; City. i.The provision of financial and other assistance to encourage and attract business enterprise including but not (c)There continues to be a need for the Agency to function in the City. limited to start-ups and microbusinesses,mid-sized companies and large-scale corporations and industries; (d)The Linder District Plan conforms to the City of Meridian Comprehensive Plan as a whole. j.The provision of financial and other assistance to encourage greater residential and/or employment density as (e)The Linder District Plan gives due consideration to the provision of adequate park and recreation areas contemplated by the Ten Mile SAP; and facilities that may be desirable for neighborhood improvement(recognizing the commercial and industrial k.In collaboration with property owners and other stakeholders,working with the City to amend zoning regula- components of the Plan and the need for public improvements to support the goals of the mixed employment tions(if necessary)and establish standards and guidelines for the design of the Mixed Employment and Mixed- area as set forth in the Ten Mile Specific Area Plan),and shows consideration for the health,safety,and welfare Use Commercial uses as contemplated in the Ten Mile SAP as needed to support implementation of this Plan; of any children,residents,or businesses in the general vicinity of the urban renewal area covered by the Linder I.In conjunction with the City,the establishment and implementation of performance criteria to assure high site District Plan. design standards and environmental quality and other design elements which provide unity and integrity to the (f)The Linder District Plan affords maximum opportunity consistent with the sound needs of the City as a whole entire Project Area as contemplated by the Ten Mile SAP,achieving high standards of development,and leverag- for the rehabilitation,development and redevelopment of the urban renewal area by private enterprises. ing such development to achieve public objectives and efficient use of scarce resources; (g)Pursuant to Idaho Code§§50-2007(h)and 50-2008(d)(I),the Linder District Plan provides a feasible method m.To the extent allowed by law,lend or invest federal funds to facilitate development and/or redevelopment; for relocation obligations of any displaced families residing within the Linder District Project Area. n.The provision for relocation assistance to displaced Project Area occupants,as required by law,or within the (h)The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas and discretion of the Agency Board for displaced businesses; the Linder District Project Area,do not exceed ten percent(10%)of the assessed values of all the taxable o.Other related improvements to those set forth above as further set forth in Attachment 5. property in the City. (i)The Linder District Plan includes the requirements set forth in Idaho Code§50-2905 with specificity. Any such land uses as described in the Linder District Plan will be in conformance with zoning for the City and Q)The Linder District Plan is sufficiently complete to indicate such land acquisition,demolition and removal of the City's Comprehensive Plan as adopted by the City Council,or as may be applicable,zoning for Ada County. structures,redevelopment,improvements,and rehabilitation as may be proposed to be carried out in the urban Land made available will be developed by private enterprises or public agencies as authorized by law.All prop- renewal area,zoning and planning changes(if any),land uses,maximum densities,building requirements, erties are included within the boundaries of the Ten Mile Interchange Specific Area Plan.The Linder District Plan and any method or methods of financing such plan,which methods may include revenue allocation financing identifies various public and private improvements which may be made within the Project Area. provisions. (k)The urban renewal area,which includes the deteriorating area,as defined in Idaho Code section 50-2018(9) The Linder District Project Area and Revenue Allocation Area herein referred to is described as follows: and Idaho Code section 50-2903(8)(f),does include agricultural operations for which the Agency has received written consent,or which have not been used for agricultural purposes for three(3)consecutive years. An area consisting of approximately 188 acres,inclusive of rights-of-way,a portion of which is located within (1)The portion of the Linder District Project Area which is identified for non-residential uses is necessary and the City limits and a portion of which is located within unincorporated Ada County,and is generally bounded appropriate to facilitate the proper growth and development standards in accordance with the objectives of the by Ten Mile Road on the west,Interstate 84 on the north,Overland Road on the south and what would be an Comprehensive Plan to overcome economic disuse,the need for improved traffic patterns,and the need for the unimproved section of Linder Road on the east and as more particularly described in the Plan and depicted in correlation of this area with other areas of the City. the Map below: (m)The portion of the Linder District Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent,safe and sanitary in the City;that the need for housing accommodations has been or will be increased as a result of the clearance SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION of slums in other areas;that the conditions of blight in the area and the shortage of decent,safe and sanitary FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the SW 114 OF SECTION 13, AND IN THE S 112 OF SECTION 74, public health,safety,morals,or welfare;and that the acquisition of the area for residential uses is an integral AND IN THE NW 114 OF SECTION 23, ALL IN TOWNSHIP 3 part of and essential to the program of the City. NORTH, RANGE 1 WEST; 601SE MERIDIAN, ADA COUNTY, IDAHO SECTION 2:The City Council finds that the Linder District Project Area has a substantial portion of open land, that the Agency may acquire any open land within the Linder District Project Area,and that the Linder District Project Area is planned to be redeveloped in a manner that may primarily include nonresidential uses,with some ■/4 ars+s of DFA, TEN MILE ROAD N 0,_ _E 2fi29.S5' 22 �5 N O'3071}' Ss59-45' +�* opportunity for limited residential uses.Provided,however,the City Council finds that for the portions of the — — Linder District Project Area deemed to be"open land,"the criteria set forth in the Law and Act have been met. ov 23 74 ac SECTION 3:The City Council finds that one of the Linder District Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities,and the portion of the Linder District Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards mI in accordance with the objectives of City's Comprehensive Plan,to overcome economic disuse,the need for improved traffic patterns,and the need for the correlation of this area with other areas of the City. m w n y SECTION 4:The Linder District Plan,a copy of which is attached hereto and marked as Exhibit 3 and made c 714 a part hereof by attachment,be,and the same hereby is,approved.As directed by the City Council,the City v c 3rsz E 26378 ' +/• N 035 T7-E F657.,4 c 114 Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the December 14,2021,hearing and incorporate changes or modifications,if any. LEGEND rn z SECTION 5:As required by Idaho Code§§50-2906(3)(b)and 50-2907(2),and as further defined above,the uRo� aY X w z Ada County Board of County Commissioners and the City have entered into,or will enter into an Agreement v a til on administration of a revenue allocation financing provision extending beyond the municipal boundary of the Cow W m wl City and Agreement has been formalized by a transfer of power ordinance adopted by the Ada County Board of v a of Commissioners in Ada County Ordinance No.932(attached hereto as Exhibit 5),and by City Council Resolution No.21-2299(attached hereto as Exhibit 6). h LA S SECTION 6:The boundaries of the Linder District Project Area overlap the boundaries of the ACHD,which has `� ,s o-r 2d " N o 4r E acs+.4o +f4 the responsibility for the maintenance of roads and highways within the City.The Agency has negotiated an g� 4 24 +a agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv). 0 yg Zf i LINDER ROAD(minlpF vedl qtr�FF o SECTION 7:The City Council declares that nothing within the Linder District Plan is intended or shall be inter- tF A. x00 e preted to usurp the jurisdiction and authority of ACHD as defined in chapter 14,Title 40,Idaho Code.Further, � .. pursuant to Section 40-1415,Idaho Code,ACHD has authority over the planning,location,design,construction, CIVIL SURVEY CONSULTANTS,INC. ti SCAz£ I=iOO°' reconstruction,and maintenance of the City rights of way and accompanying curbs,gutters,culverts,sidewalks, 2893 SOUTH MERIDIAN ROAD paved medians,bulkheads,and retaining walls.In the planning process,ACHD shall take into consideration the MERIDIAN,IDAHO 836C principles contained in the Plan. (2ae seaiz SECTION 8:No direct or collateral action challenging the Linder District Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty(30)days from and after the effective date of this Ordinance adopting the Northern Gateway District Plan. SECTION 9:Upon the effective date of this Ordinance,the City Clerk is authorized and directed to transmit to ORDINANCE SUMMARY-s the County Auditor and Ada County Assessor,and to the appropriate officials of Ada County Board of County Commissioners,City of Meridian,Ada County Highway District,West Ada School District,Ada County Ambu- lance/EMS,Meridian Cemetery Maintenance District,College of Western Idaho,Meridian Free Library District, Section 100 includes an introduction,general procedures of the Agency,necessary procedures,the history and Mosquito Abatement District,Western Ada Recreation District,Pest Extermination District,and Meridian Fire current conditions of the Project Area,as well as the purpose of activities,and open land criteria. District and the State Tax Commission a copy of this Ordinance,a copy of the legal description of the boundar- ies of the Revenue Allocation Area,and a map indicating the boundaries of the Linder District Project Area. Section 200 references the boundaries of the Project Area. SECTION 10:The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Sections 300 through 312 discuss the proposed redevelopment actions,Plan objectives,participation opportuni- Linder District Plan,the equalized assessed valuation of which the City Council hereby determines is in and is ties and agreements,cooperation with public bodies,property acquisition standards and requirements,property part of the Linder District Plan is likely to increase as a result of the initiation and completion of urban renewal management,relocation,demolition,and property disposition,development,and participation with others. projects pursuant to the Linder District Plan. Sections 400 through 409 discusses the type of land uses authorized in the Project Area,public rights-of-way, SECTION 11:The City Council hereby approves and adopts the following statement policy relating to the development in the Project Area,construction requirements,nonconforming uses,and design guidelines. appointment of City Council members as members of the Agency's Board of Commissioners:If any City Council members are appointed to the Board,they are not acting in an ex officio capacity but,rather,as private citizens The Linder District Plan also contains a significant section on financing.Among other sources,the Linder District who,although they are also members of the City Council,are exercising their independent judgment as private Plan will utilize revenue allocation financing,authorized by the Act.This statute was approved in 1988 by the citizens when they sit on the Board.Except for the powers to appoint and terminate Board members and to Idaho Legislature.Section 502 and Attachment 5 discuss revenue allocation financing and show how such adopt the Linder District Plan,the City Council recognizes that it has no power to control the powers or opera- financing has worked and would work in the Project Area in the future if certain new private developments occur tions of the Agency. as estimated. SECTION 12:So long as any Agency bonds,notes or other obligations are outstanding,the City Council will not Increases in assessed valuation of real and personal property in the Project Area that occur after January 1, exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. 2021,will generate revenue for the Agency to pay project costs as set forth in the Linder District Plan.The as- sessed valuation of real and personal property on the base assessment roll is still available for use by the over- SECTION 13:This Ordinance shall be in full force and effect immediately upon its passage,approval,and publi- lapping taxing districts,the Ada County Board of County Commissioners,City of Meridian,Ada County Highway cation and shall be retroactive to January 1,2021,to the extent permitted by the Act. District,West Ada School District,Ada County Ambulance/EMS,Meridian Cemetery Maintenance District, College of Western Idaho,Meridian Free Library District,Mosquito Abatement District,Western Ada Recreation SECTION 14:The provisions of this Ordinance are severable,and if any provision of this Ordinance or the ap- District,Pest Extermination District,and the Meridian Fire District,to finance their operations.The Linder District plication of such provision to any person or circumstance is declared invalid for any reason,such determination Plan authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations shall not affect the validity of remaining portions of this Ordinance. to pay the debt service.Additionally,the Agency is authorized to fund projects on a pay-as-you-go basis,through participation agreements,and others as further set forth in the Linder District Plan. SECTION 15:The Summary of this Ordinance,a copy of which is attached hereto as Exhibit 4,is hereby approved. The program outlined in the Linder District Plan emphasizes the installation of needed public improvements, including but not limited to street improvements,utility work,and other costs to encourage private development. SECTION 16:All ordinances,resolutions,orders,or parts thereof in conflict herewith are hereby repealed, rescinded,and annulled. Attachment 5 describes in detail the cost and financing methods for complete repayment of the debt incurred used to finance projects and to also fund the additional described activities. SECTION 17:Savings Clause.This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. The Linder District Plan follows the underlying zoning classifications of the City. SECTION 18:That pursuant to the affirmative vote of one-half(1/2)plus one(1)of the Members of the full Sections 600 and 700 describe cooperative activities by the Agency with the City and other entities. Council,the rule requiring two(2)separate readings by title and one(1)reading in full be,and the same is here- by,dispensed with,and accordingly,this Ordinance shall be in full force and effect upon its passage,approval The duration of the Linder District Plan is for twenty(20)years.A termination process is described in Section and publication. 800 of the Linder District Plan. PASSED by the City Council of the City of Meridian,Idaho,this 14th day of December 2021. Sections 900-1200 include procedures for amendments,severability,reporting requirements and incorporation APPROVED by the Mayor of the City of Meridian,Idaho,this 14th day of December 2021. of attachments. ATTACHMENTS TO THE NORTHERN GATEWAY DISTRICT PLAN EXHIBITS TO THE ORDINANCE Attachment 1 Boundary Map of Linder District Urban Renewal Project Area and Revenue Allocation Area Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian,Idaho,Validating Attachment 2 Legal Description of Linder District Urban Renewal Project Area and Revenue Allocation Area Conformity of the Urban Renewal Plan for the Linder District Urban Renewal Project with the City of Attachment 3 Private Properties Which May be Acquired by the Agency Meridian's Comprehensive Plan Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Exhibit 2 Notice Published in the Idaho Press Attachment 5 Economic Feasibility Study Attachment 6 Agricultural Operation Consents Exhibit 3 Urban Renewal Plan for the Linder District Urban Renewal Project Exhibit 4 Ordinance Summary Attachment 7 Ada County Board of County Commissioners Resolution No.2676(eligibility) Exhibit 5 Ada County Board of County Commissioners Ordinance No.932(Intergovernmental Agreement and Attachment 8 Ada County Board of County Commissioners Ordinance No.932(Intergovernmental Agreement Transfer of Powers Ordinance) and Transfer of Powers Ordinance) Exhibit 6 Meridian City Council Resolution No.21-2299(Intergovernmental Agreement—Ada County Attachment 9 City Council Resolution No.21-2299(Intergovernmental Agreement) SUMMARY OF LINDER DISTRICT PLAN A full text of the Ordinance and the Linder District Plan are available for inspection at City Hall,City of Meridian, The Urban Renewal Plan for the Linder District Urban Renewal Project("Linder District Plan")was prepared by 33 East Broadway Avenue,Meridian,Idaho. the Urban Renewal Agency of the City of Meridian aka the Meridian Development Corporation("MDC"or the 'Agency")pursuant to the Idaho Urban Renewal Law of 1965,Chapter 20,Title 50,Idaho Code,as amended City of Meridian;Mayor and City Council (the"Law"),the Local Economic Development Act,Chapter 29,Title 50,Idaho Code,as amended(the'Act"), By:Chris Johnson,City Clerk and all applicable laws and ordinances and was approved by the Agency.The Linder District Plan provides for the Agency to undertake urban renewal projects pursuant to the Law and the Act.The Linder District Plan Public Hearing:12/14/2021;Consolidated Readings 12/14/2021. contains a revenue allocation financing provision pursuant to the Act that will cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation as shown STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF on the original base assessment roll as of January 1,2021,to be allocated to the Agency for the urban renewal SUMMARY OF ORDINANCE NO.21-1958 purposes.The duration of the Linder District Plan is for twenty(20)years and includes a termination process for The undersigned,William L.M.Nary,City Attorney of the City of Meridian,Idaho,hereby certifies that he is the the Linder District Plan. legal advisor of the City and has reviewed a copy of the attached Ordinance No.21-1958 of the City of Meridian, Idaho,and has found the same to be true and complete and provides adequate notice to the public pursuant to The general scope and objectives of the Plan include are Idaho Code§50-901 A(3). a.The engineering,design,installation,construction,and/or reconstruction of the southern approach to the Linder Overpass bridge,including related streetscapes,which for purposes of this Plan,the term streetscapes DATED this 14th day of December,2021. include sidewalks,lighting,landscaping,benches,signage,wayfinding,bike racks,public art,and similar ameni- William.L.M.Nary,City Attorney ties between the curb and right-of-way line,and pedestrian facilities,curb and gutter,intersection improvements, and traffic control measures;: December 19,2021 181971 C� K