Resolution - 2006 - 54 - Determining Deteriorated Area - 11/27/2006
RESOLUTION NO. 06-54
A RESOLUTION OF THE MAYOR AND CITY COUNCIL IF
EAGLE, IDAHO DETERMINING A CERTAIN AREA WITHIN
THE CITY TO BE A DETERIORATED OR DETERIORATING
AREA AS DEFINED BY IDAHO CODE SECTIONS 50-20]8(9)
AND 50-2903(8); DIRECTING THE URBAN RENEWAL
AGENCY OF EAGLE TO COMMENCE AND COMPLETE THE
PREPARATION OF AN URBAN RENEWAL PLAN, WHICH
PLAN MAY INCLUDE REVENUE ALLOCATION
PROVISIONS, FOR ALL OR PART OF THE AREA; AND
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION IMPLEMENTING THE STATUTORY CRITERIA, MAKING
CERTAIN FINDINGS OF FACT, DETERMINING A PORTION OF THE CITY OF EAGLE
TO BE A DETERIORATING OR DETERIORATED AREA AS DEFINED BY IDAHO CODE,
SECTIONS 50-20]8(9) AND 50-2903(8).
WHEREAS, on the 10th day of October, 2006, the Council and Mayor of Eagle, Idaho
respectively, approved Reso]ution No. 06-50 thereby creating the Urban Renewal Agency of the
City of Eag]e ("Agency"), authorizing it to transact business and exercise the powers granted
under the authority of the Idaho Urban Renewa] Law of 1965, as amended, Chapter 20, Title 50,
Idaho Code (hereinafter the "Law"), and the Local Economic Development Act, Chapter 20,
Tit]e 50, as amended (hereinafter the "Act"), upon making the findings of necessity required for
creating said Urban Renewal Agency;
WHEREAS, Reso]ution No. 06-50 also authorized the Mayor to appoint, with the advice
and consent of City Council, a number of Commissioners of the Urban Renewal Agency as
allowed by the Law;
WHEREAS, Resolution No. 06-50 approved that certain eligibility report entitled the
East State Street Area Urban Renewal Eligibility Report ("East State Eligibility Report"), dated
October 4,2006, prepared by Harlan W. Mann, Real Estate Consultant ("Consultant") which
examined an area bounded generally by S. Parkinson Street on the east, Highway 44 on the
south, S. Edgewood Road, East State Street, and Academy on the west, and on the north by E.
Bishop Way and East Syringa Street for the purpose of determining whether such area is a
deteriorating area and deteriorated area as detined by Idaho Code, Sections 50-2018(9) and 50-
2903(8);
WHEREAS, it has become apparent that additional property within the City may be
deteriorating or deteriorated and should be examined as to whether such an area is eligible for
urban renewal planning purposes;
WHEREAS, the City, on August 22, 2006, requested Consultant to review an additional
area adjacent to the area covered in the East State Eligibility Report and to prepare an additional
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K:ICOUNCILIResolutionsldraft resolutionslResolution 06-54.doc
eligibility report for the downtown area;
WHEREAS, Consultant has reviewed the additional area and submitted his Downtown
Area Urban Renewal Eligibility Report (the "Downtown Area Eligibility Report), dated
November 20, 2006;
WHEREAS, the Downtown Area Eligibility Report, has been submitted to the Mayor and
City Council, a copy of which is attached hereto as Exhibit 1;
WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not
be planned or initiated unless the local governing body has, by resolution, determined such area
to be a deteriorated area or deteriorating area, or combination thereof, and designated such area
as appropriate for an urban renewal project;
WHEREAS, Idaho Code Section 50-2906 also requires that in order to adopt an urban
renewal plan containing a revenue allocation financing provision, the local governing body must
make a finding or determination that the area included in such plan is a deteriorated area or
deteriorating area;
WHEREAS, it is desirable and in the best public interest that the Agency prepare an
urban renewal plan for the areas identified in the East State Eligibility Report and the Downtown
Area Eligibility Report located in the City of Eagle, County of Ada, State of Idaho.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE AS FOLLOWS:
Section 1. That there are one or more areas within the City of Eagle which are
deteriorating or deteriorated areas as defined by Idaho Code, Sections 50-2018(9) and
50-2903(8).
Section 2. That one such area is an area which includes property on both sides of
State Street from Cobblestone on the west to Academy Avenue on the east. At one point
between 2nd Street and East Plaza Drive, the area extends southwest to State Highway 44, known
as the "Downtown Area."
Section 3. That the rehabilitation, conservation, and redevelopment, or a combination
thereof, of such area is necessary in the interest of the public health, safety, and welfare of the
residents of the City.
Section 4. Based on the November 20, 2006 Downtown Area Urban Renewal
Eligibility Report of the Area, the City Council makes the findings that:
a. The area is determined to be a deteriorating area as
defined by Idaho Code, Section 50-2018(9) and a
deteriorated area as defined by Idaho Code, Section
50-2903(8);
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b. The area is determined to be appropriate for an
urban renewal project.
Section 5. That the City Council hereby directs the Agency to commence the
planning process to prepare an urban renewal plan for the areas determined to be appropriate for
an urban renewal project.
Section 6. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED AND APPROVED This 28th day of November 2006.
ATTEST:
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<../ Sharort K. Bergmann, Clerk
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EXHIBIT 1
DOWNTOWN AREA
URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE
CITY OF EAGLE
BY
HARLAN W. MANN
CONSULTANT
November 20, 2006
h:Judy\\VPDA TA\Eagle\Do\vntown\Eligibility Report for Downtown Eagle.doc November 21,2006 (12:08PM)
DOWNTOWN AREA
URBAN RENEWAL ELIGIBILITY REPORT
BACKGROUND
The City of Eagle ("City") authorized preparation of the subject report on
August 22, 2006. The report will provide the technical support for a policy decision by the
Mayor and Eagle City Council ("City Council") concerning a second urban renewal area.
Previously on October 12, 2006, the City Council determined that one or more deteriorating or
deteriorated areas exist in the City of Eagle and that the East State Street Area was a deteriorating
and deteriorated area and was appropriate for an urban renewal project.
The area includes property on both sides of State Street from Cobblestone on the west to
Academy Avenue on the east. At one point between 2nd Street and East Plaza Drive, the area
extends southwest to State Highway 44.
Idaho Code Section 50-2008(a) states:
An urban renewal project for an urban renewal area shall not
be planned or initiated unless the local governing body has, by
resolution, determined such area to be a deteriorated area or a
deteriorating area or a combination thereof and designated such area
as appropriate for an urban renewal project.
Hence, Step One in planning a second urban renewal project is a resolution by the City Council
making certain findings about a specific geographic area in the City. This resolution would also
authorize the City's urban renewal agency ("Agency") to prepare an urban renewal plan for the
area. The attached definitions of deteriorating area and urban renewal project are very pertinent
to this step and are the focus of this report.
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 1
Step Two in the renewal planning process is action by the Agency to prepare an urban
renewal plan and recommend its approval to the City Council.
The City Council initiates Step Three by referring the Urban Renewal Plan to the
Planning and Zoning Commission and setting a public hearing to review the Plan. Step Three is
completed by a Planning and Zoning Commission finding that the urban renewal plan conforms
to the City's Comprehensive Plan.
Step Four is the adoption of a City Council ordinance approving the Urban Renewal Plan,
after a public hearing.
DISCUSSION
This report focuses on whether the Downtown Area, as previously described and as
outlined on the attached map, qualifies as a deteriorating area pursuant to Idaho Code
Section 50-20]8(9) and as a deteriorated area pursuant to Section 50-2903(8)(b) under virtually
identical definitions. A copy of this joint definition is attached. The first statutory reference is
from the basic urban renewal statute, while the second comes from the revenue allocation law.
In addition, the report will discuss why the area is appropriate for an urban renewal
project.
A. Present Conditions
The attached definition of deteriorating area and deteriorated area [Idaho Code
950-2018(9) and 9 50-2903(8)(b)] lists ten different conditions that may be present in such an
area, with the tenth being the catch-all "any combination of such factors." The presence of these
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 2
conditions was documented by field trips on October 16 and November 20,2006; contacts with
various City, water company, and sewer district officials; and assessor file information. Then the
area and its public infrastructure were evaluated, and the numbers that correspond to the
applicable characteristics in the definition were placed at the appropriate locations on the
attached map.
B. DeterioratinglDeteriorated Area Characteristics
The following is a listing of conditions found in the area by their corresponding numbers
in the definition and a brief explanation of that condition and how it was evaluated and
identified:
]. (] ) A substantial number of deteriorated or deteriorating structures. Given their
age and condition, most of the structures in the area would be evaluated as deteriorating. Newer
buildings and those that were substantially rehabilitated within the last five to ten years are not
considered deteriorating. Deteriorated buildings would be those that are so run down that they
should be demolished, allowing the land to be recycled for other uses. No deteriorated buildings
were identified in the area, but there is a vacant, boarded-up building at the southwest corner of
State and Eagle.
The area between South 2nd Street and Plaza Drive south of East State Street and north of
the Eagle Drain contains two mobile home parks, with about 100 total units. One park appears to
have units of the older variety. The number "]" appears at representative locations in both of
these parks to indicate the presence of deteriorating structures. The same is true at the other
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 3
locations where number "1" appears. While there are newer and rehabilitated buildings at
various locations, there are also older deteriorating buildings in virtually every block.
2. (2) Predominance of defective or inadequate street layout. East and West State
Street and North and South Eagle Road are the primary streets that serve the area. East Plaza
Drive, East Plaza Street, East and West Aikens Road, North and South 1 st and 2nd Streets, East
Idaho Street, South Park Road, North Olde Park Road, South Kestre] Place, South Harlan Place,
and North Cobblestone Lane all provide internal circulation.
To determine the adequacy of the street layout, it is helpful to review the four quadrants
of the State Street and Eagle Road intersection. Streets in three of the four quadrants suffer from
inadequate layout. The northeast quadrant has a standard grid layout, yet the east end of Idaho
Street is a dead end. However, the other three quadrants, especially southeast, all deserve to be
marked with a number "2."
For the southeast quadrant, Aikens should connect between 1 st and 2nd Streets. East
Cedar Ridge Street at the south end of 2nd Street currently dead ends one block to the east.
Logically, this street should be extended east and north to connect to East Plaza Street. East
Plaza Street connects Eagle Road to 2nd Street but should be extended eastward to connect to
East Plaza Drive.
Continuing on to the southwest quadrant, both Aikens and South Park Road lack
adequate rights-of-way. In addition, Aikens should be extended westward to connect to South
Kestrel Place. Finally, if South Park Road were extended southward toward the Eagle Drain and
perhaps terminated with a cul-de-sac, the adjacent property would have improved traffic access
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE CITY OF EAGLE - 4
and, hence, greater development potential. A frontage road for the parcels on the west side of
Eagle accessing Eagle Road at Plaza would improve the development prospects of those parcels.
The northwest quadrant lacks the grid system found in the northeast quadrant. Extending
Idaho westward between Eagle and Olde Park would start such a grid system. Extending Idaho
beyond Olde Park and connecting southward to State at Kestrel would complete a grid system in
this quadrant. Olde Park currently dead ends about three blocks north of State, and Storybook
and Cobblestone also dead end. Solutions to these dead-end problems will have to come from
sources other than a possible urban renewal project.
3. (3) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.
This characteristic applies primarily to the long, narrow parcels west of Eagle Road and south of
the Eagle Drain, as well as the parcels on the west side of Olde Park Road north of State Street.
All of these parcels are underutilized in their current configuration. This characteristic also
applies to unsubdivided property between Plaza Street and Plaza Drive.
4. (4) Insanitary or unsafe conditions. Typical insanitary conditions include
excessive amounts of junk, trash, and weeds in violation ofthe City's minimum property
maintenance code. Some trash was seen in the large undeveloped parcel between Plaza Street
and Plaza Drive, so a number "4T" is placed on that property. According to the Eagle Sewer
District, the same large undeveloped parcel has a ] 5- or ] 8-inch sewer running across it.
Therefore, smaller sewer lines to serve new development in the area could be connected to the
larger main, but until smaller service lines are built, the area will be marked with a number "4S."
With the exception of a one-block segment (Idaho between Eagle and] 5t Street), the Eagle
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE CITY OF EAGLE - 5
Sewer District reports that the system is in good shape and is adequately sized to serve new
development.
There are numerous unsafe conditions throughout the area. Most are found with the street
systems and include lack of sidewalks, curbs, and gutters; narrow, inadequate streets; and lack of
or inadequate street lights. Sidewalks are lacking on most of the side streets off State Street.
Streets lacking sidewalks include North 2nd Street, South 2nd Street, East Idaho Street, East
Aikens Road, West Aikens Road, North Olde Park Road, South Olde Park Road, North
Storybook Way, North Cobblestone Lane, and some segments of State Street and Eagle Road.
Therefore, when the designation "4ST" appears on these streets, that indicates unsafe conditions,
primarily the lack of sidewalks.
5. (5) Deterioration of site and other improvements. Site improvements include
parking lots, fences, and landscaping areas, basically things other than structures that make up a
developed property. The term "other improvements" is the place where public improvements
such as streets, sidewalks, curbs, gutters, bridges, storm drains, water mains, sanitary sewers, and
public facilities such as swimming pools and public buildings are included. When the number
"5" appears on the map on street rights-of-way, it denotes those streets are deteriorated, either
entirely or in part. North Cobblestone Lane, a private unpaved street, has this designation.
When the number appears on real property, that denotes deteriorated site improvements,
usually parking lots for already improved properties. Several properties have a number "5" on
them because of the condition of their parking lots.
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 6
6. (6) Diversity of ownership. Typically this characteristic is present when an area
that needs to be redeveloped because of rundown buildings is divided into a number of different
ownerships. It could also occur where existing businesses are hindered in expanding because of
the number of adjacent property ownerships. Multiple ownerships are more difficult for
developers to assemble. The narrow parcels on the west side of Eagle Road at Plaza and similar
parcels on the west side of Olde Park Road north of State Street received this designation
because of their ownership and development patterns.
7. (7) Tax and special assessment delinquency exceeding the fair value of the land.
This characteristic does not apply to the area.
8. (8) Defective and unusual conditions of title. These conditions have not been
found in the area.
9. (9) The existence of conditions which endanger life or property by fire and other
causes. The primary focus of this characteristic is inadequate fire protection facilities,
particularly fire hydrants for existing and new development. There are several locations in the
Downtown Area that lack fire hydrants. These include the two mobile home parks south of State
Street between 2nd and Plaza, North Olde Park Road, the west side of Eagle Road south of the
Eagle Drain, and the large undeveloped area north of State Highway 44 between Plaza Street and
Plaza Drive. Therefore, a number "9F" appearing on the map in those locations indicates a lack
of adequate fire protection facilities.
10. (10) Any combination of such factors. This number is placed on all areas where
two or more of the other characteristics are present.
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE CITY OF EAGLE - 7
C. Effects of Present Conditions
1. (a) Results in economic underdevelopment of the area. Field review and aerial
photography show several examples of underdeveloped property. The large undeveloped
property between Plaza Street and Plaza Drive fit this description. Other underdeveloped
properties include the two mobile home parts, parcels on the west side of North Olde Park Road,
the parcel at Cobblestone and West State Street, and the parcel at Plaza Drive and East State
Street.
2. (b) Substantially impairs or arrests the sound growth of a municipality.
Downtown Eagle needs to catch up with the other newer commercia] and higher density housing
areas in the City. In severa] instances, land appears to be available but lacks the necessary public
infrastructure to serve it. If Plaza Drive were connected to Plaza Street, the result could be faster
development. When the City is unable to meet infrastructure needs for extended periods of time,
there is less incentive for the private sector to invest in new development. Thus the sound
growth of the City is adversely affected.
3. (c) Retards the provision of housing accommodations or (d) constitutes an
economic or social liability. Older commercial and residential areas often suffer from an
inadequate public infrastructure. This area has significant problems with the inadequate and
uncompleted street systems and an inadequate fire protection system in the areas that lack water
mains. The longer adequate public infrastructure is delayed, the more new private development
will be discouraged. Hence, generation of increased property and other taxes will decline, so the
area will become an economic liability for the City and the other taxing districts.
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 8
4. (e) And is a menace to the public health, safety, morals, or welfare in its present
condition or use. The previous discussion has established that this area has had slower growth
and, as a result, has become a modest economic liability. In addition, the unsafe condition of the
street system creates safety problems for the residents and businesses. According]y, these
conditions represent a menace or threat to the public welfare or prosperity and safety of the
community.
D. Appropriateness of the Area for an Urban Renewa] Proiect
The second part of the City Council's determination is the policy decision of whether or
not the area is appropriate for an urban renewal project.
Note that part of the definition of an urban renew a] project includes, "undertakings and
activities of a municipality in an urban renewal area for the elimination of deteriorated and
deteriorating areas." This report has provided evidence that the Downtown Area is a
deteriorating area because of the presence of various conditions, most of which are related to the
public infrastructure. Either public infrastructure is older and needs to be replaced and/or
upgraded or it is inadequate to serve existing and new development. In either case, the result is
the same, existing development is often discouraged from upgrading and expanding, and new
development is often slowed or thwarted because of the lack of necessary public infrastructure.
In this area, there have been some new developments on South 2nd Street and East State Street,
but the lack of new development between Plaza Street and Plaza Drive, at the southeast comer of
Eagle Road and State Street, and on the west side of Eagle Road across from the Albertson's
Center may discourage other private redevelopment efforts.
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 9
Preparation and approval of an urban renewal plan for this new area would give the City
additional resources to solve the public infrastructure problems in this area and to encourage new
developments. Tax increment revenue from the new planned development on North Cobblestone
Lane and West State Street could help to improve the situation plus the potential developments in
the Plaza Street/Plaza Drive area. Increased property taxes generated by new developments
within the total area could be used by the City's urban renewal agency to finance a variety of
needed public improvements. Public-private partnerships between the Agency and developers
could encourage other new private developments. Finally, some of the new commercial
developments may also generate new jobs in the community that would, in turn, benefit City
residents.
CONCLUSION
This report concludes that the Downtown Area described in this report is a deteriorating
and deteriorated area and, as such, is appropriate for an urban renewal project.
Attachments
DOWNTOWN AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - ] 0
DEFINITION OF DETERIORATING AREA, IDAHO CODE & 50-201S(9)
AND DETERIORATED AREA, IDAHO CODE & 50-2903(S)(b)
A deteriorating or deteriorated area is any area which by reason of the presence of (] ) a
substantial number of deteriorated or deteriorating structures; (2) predominance of defective or
inadequate street layout; (3) faulty lot layout in relation to size, adequacy, accessibility, or
usefulness; (4) insanitary or unsafe conditions; (5) deterioration of site or other improvements;
(6) diversity of ownership; (7) tax or special assessment delinquency exceeding the fair value of the
land; (S) defective or unusual conditions oftitle; (9) the existence of conditions which endanger life
or property by fire and other causes; or (I 0) any combination of such factors, (a) (results in economic
underdevelopment of the area); I (b) substantially impairs or arrests the sound growth of a
municipality; (c) retards the provision of housing accommodations; or (d) constitutes an economic or
social liability; and (e) is a menace to the public health, safety, morals, or welfare in its present
condition or use; provided, that if such deteriorating area consists of open land the conditions
contained in the proviso in Idaho Code Section 50-200S(d) shall apply.2 Provided however, this
definition shall not apply to any agricultural operation, as defined in section 22-4502(]), Idaho Code,
absent the consent ofthe owner ofthe agricultural operation, except for an agricultural operation that
has not been used for three (3) consecutive years2
'This appears only in the revenue allocation statute.
2This appears only in the urban renewal statute.
DEFINITION OF URBAN RENEWAL PROJECT, IDAHO CODE ~ 50-2018(10)
"Urban renewal project" may include undertakings and activities of a municipality in an
urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of
the development or spread of slums and blight, and may involve slum clearance and redevelopment
in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any
combination or part thereof in accordance with an urban renewal plan. Such undertakings and
activities may include:
(a) acquisition of a deteriorated area or a deteriorating area or portion thereof;
(b) demolition and removal ofbui]dings and improvements;
(c) installation, construction, or reconstruction of streets, utilities, parks, playgrounds.
off-street parking facilities, public facilities or buildings and other improvements necessary for
carrying out in the urban renewal area the urban renewal objectives ofthis act in accordance with the
urban renewal plan;
(d) disposition of any property acquired in the urban renewal area (including sale, initial
leasing or retention by the agency itself) at its fair value for uses in accordance with the urban
renewal plan except for disposition of property to another public body;
(e) carrying out plans for a program of voluntary or compulsory repair and rehabilitation
of building or other improvements in accordance with the urban renewal plan;
(f) acquisition of rea] property in the urban renewal area which, under the urban renewal
plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of
the structures for guidance purposes, and resale of the property;
(g) acquisition of any other real property in the urban renewal area where necessary to
eliminate unhealthful, insanitary or unsafe conditions, lessen density. eliminate obsolete or other uses
detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or
deterioration, or to provide land for needed public facilities;
(h) lending or investing federal funds; and
(i) construction of foundations, platforms and other like structural forms.
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