Resolution - 2007 - 17 - Determining A Certain Area Within The City To Be Deteriorated/Preparation Of A Urban Renewal Plan - 06/26/2007
RESOLUTION NO. 07-17
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
EAGLE, IDAHO DETERMINING A CERTAIN AREA WITHIN
THE CITY TO BE A DETERIORATED OR DETERIORATING
AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(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 50-2018(9) AND 50-2903(8).
WHEREAS, on the 10th day of October, 2006, the Council and Mayor of Eagle, Idaho
respectively, approved Resolution No. 06-50 thereby creating the Urban Renewal Agency of the
City of Eagle ("Agency"), authorizing it to transact business and exercise the powers granted
under the authority of the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50,
Idaho Code (hereinafter the "Law"), and the Local Economic Development Act, Chapter 20,
Title 50, as amended (hereinafter the "Act"), upon making the findings of necessity required for
creating said Urban Renewal Agency;
WHEREAS, Resolution 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 defined by Idaho Code, Sections 50-2018(9) and 50-
2903(8);
WHEREAS, Resolution No. 06-54 approved that certain eligibility report entitled the
Downtown Area Urban Renewal Eligibility Report ("Downtown Eligibility Report"), dated
November 20, 2006, prepared by Harlan W. Mann, Real Estate Consultant ("Consultant") which
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examined an area that included 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 extended southwest to State Highway 44, for the purpose of determining whether such area
is a deteriorating area and deteriorated area as defined 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 Agency, on April 4, 2007, requested Consultant to review an additional
area adjacent to the areas covered in the East State Eligibility Report and the Downtown
Eligibility Report and to prepare an additional eligibility report for the Southeast Highway 44
area;
WHEREAS, Consultant has reviewed the additional area and submitted his Southeast
Highway 44 Area Urban Renewal Eligibility Report (the "Southeast Highway 44 Area Eligibility
Report), dated April 27, 2007;
WHEREAS, the Southeast Highway 44 Area Eligibility Report, has been submitted to the
Agency Board, a copy of which is attached hereto as Exhibit I;
WHEREAS, the Agency, on June 6, 2007, by way of Resolution No. 07-01, accepted the
Southeast Highway 44 Area Eligibility Report, and authorized the Agency Chair and
Administrator to submit the Resolution and Eligibility Report to the City Council for its
consideration;
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, the Downtown
Area Eligibility Report and the Southeast Highway 44 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:
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Section I. 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 generally bounded
by State Street and Highway 44 on the north, the Idaho Concrete property at State and Highway
44 on the east, the Boise River on the south, and the edge just east of the Lonesome Dove parcel
on the west at East Riverside Drive and Highway 44 (the "Southeast Highway 44 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 April 27, 2007, Southeast Highway 44 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);
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 ~~~.Pi.. day of June 2007.
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ATTEST:
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Sharon K. Bergmann, Cler
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SOUTHEAST HIGHWAY 44 AREA
URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE
EAGLE URBAN RENEWAL AGENCY
BY
HARLAN W. MANN
CONSULTANT
April 27, 2007
H:VUDYlWPDATAlEaglelSoutheast Highway 44 Eligibility Report.doc 04-27-2007
SOUTHEAST HIGHWAY 44 AREA
URBAN RENEWAL ELIGIBILITY REPORT
BACKGROUND
At its meeting of April 4, 2007, the Eagle Urban Renewal Agency ("Agency") authorized
preparation of the subject report. This report will provide the technical support for the first step in
planning an urban renewal project that includes the southeast Highway 44 area in Eagle, Idaho
("Southeast Highway 44 Area") and two other areas, East State Street and Downtown Eagle. The
study area is generally bounded by State Street and Highway 44 on the north, the Idaho Concrete
property at State and Highway 44 on the east, the Boise River on the south, and the edge just east
of the Lonesome Dove parcel on the west at East Riverside Drive and 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 renewal project for this area is a resolution by the Eagle City
Council ("City Council") making certain findings about the area. This resolution would also
authorize the Agency to prepare an urban renewal plan for the area or to include the area as part of
an urban renewal plan that would also include the East State Street and Downtown Areas. The
attached definitions of deteriorating area and urban renewal project are very pertinent to this step
and are the focus of this report.
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 plan to the Planning and Zoning
Commission and setting a public hearing on the plan. Step Three is completed by a Planning and
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - I
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 plan, after a public
hearing.
DISCUSSION
This report focuses on whether the Southeast Highway 44 Area, as previously described
and as outlined on the attached map, qualifies as a deteriorating area pursuant to Idaho Code
Section 50-2018(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.
Most of the area, except for a significant portion of the Idaho Concrete property on the east,
minor portions of the middle parcel, and the Ancona Business Park, is open land, so the area must
qualify under a specific portion ofIdaho Code Section- 50-20 18(9) and a different statutory
provision, Idaho Code Section 50-2903(8)(c) which reads as follows:
(c) Any area which is predominately open and which
because of obsolete platting, diversity of ownership, deterioration of
structures or improvements, or otherwise, results in economic
underdevelopment of the area or substantially impairs or arrests the
sound growth of a municipality. The provisions of section 50-
2008( d), Idaho Code, shall apply to open areas.
Finally, 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 ~~ 50-
2018(9) and 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 conditions
was documented by a field trip on April 20, 2007, contacts with various City officials, and assessor
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - 2
file information. Then the area and its public infrastructure were evaluated, and the
numbers/designations that correspond to the applicable characteristics in the definition were placed
at the appropriate locations on the attached map. This is the same process that was followed in the
reports of October 4, 2006, and November 20, 2006, eligibility reports for the East State Street and
Downtown urban renewal areas.
B. Open Land Area
The definition of Section 50-2903(8)(c) cited above lists several of the same characteristics
as Sections 50-2018(9) and 50-2903(8)(b) under the same or similar descriptions. "Diversity of
ownership" is the same, while "obsolete platting" appears to be equivalent to "faulty lot layout in
relation to size, adequacy, accessibility, or usefulness." "Deterioration of structures or
improvements" is apparently a combination of "a substantial number of deteriorated or
deteriorating structures" and "deterioration of site or other improvements." The final term,
"or otherwise," at least implies that a predominately open area shares some of the same
characteristics as the previous definition of deteriorated area, Idaho Code Section 50-2903(8)(b).
There is also an additional qualification that, "The provisions of Section 50-2008( d), Idaho Code,
shall apply to open areas."
Section 50-2008(d) lists the findings that the City Council must make in the ordinance
approving an urban renewal plan. In addition, this section lists the special findings that the council
must make "if the urban renewal area consists of an area of open land to be acquired by the urban
renewal agency." There is one set of findings if the area of open land is to be developed for
residential uses and a separate set of findings if the land is to be developed for nomesidential uses.
Basically, such open land areas may be acquired by the Agency and developed for
nonresidential uses if such acquisition is needed to solve various problems associated with the land
or the public infrastructure that have retarded its development. These problems include defective
or usual conditions of title, diversity of ownership, tax delinquency, improper subdivisions,
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - 3
outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in
one form or another in the Section 50-2903(8)(b) definition of deteriorated area. The problems that
are listed only in Section 50-2008(d)(4)(2) (the open land section) include economic disuse,
unsuitable topography, and "the need for the correlation of the area with other areas of a
municipality by streets and modern traffic requirements, or any combination of such factors or
other conditions which retard development of the area."
The conclusion of this discussion about open land areas is that such areas qualify if any of
the standard 50-2018(9) and 50-2903(8)(b) characteristics apply. But such areas also qualify if any
of the problems listed only in 50-2008(d)(4)(2) apply. Clearly, lack of water and sewer facilities, a
partially completed street system, and lack of fire protection facilities are all conditions which
retard development of the area.
The report text that follows below discusses each of the applicable characteristics of a
deteriorated area, as defined by Section 50-2903(8)(b). Several of these characteristics, including
diversity of ownership and predominance of defective or inadequate street layout, have exact or
approximate counterparts listed under Section 50-2008(d)(4)(2), so their associated numbers, 6 and
2, may be used interchangeably. Other numbers, such as 4 (insanitary or unsafe conditions) and 9
(the existence of conditions which endanger life or property by fire or other causes), fit the broader
characteristic of "any combination of such factors or other conditions which retard development of
the area." As discussed above, the lack of public infrastructure in the predominately open areas
has been a significant factor in retarding development in these areas. Open land areas are
designated with the words "Open Land." In addition, lack of public infrastructure in open land
areas is designated by the words "Lacks Public Infrastructure."
C. DeterioratingfDeteriorated 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:
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - 4
1. (1) A substantial number of deteriorated or deteriorating structures. There are only
a few structures in the area. These include several buildings on the Idaho Concrete property, a
small building on the middle parcel, the Family Table building, and two buildings at Ancona
Business Park. These do not represent a substantial number of structures.
2. (2) Predominance of defective or inadequate street layout. Ancona Avenue and
East Riverside Drive are the streets that serve a portion ofthe area now. Aside from these two
streets, there is no internal street system in the area connecting the parcels to these existing streets,
and this results in an inadequate street layout.
3. (3) Faulty lot layout in relation to size. adequacy. accessibility. or usefulness.
Except for one small subdivision, the Ancona Business Park, the area has never been subdivided.
A preliminary plat has been prepared for the large parcel at the western end of the area. The two
large ownerships on the eastern end of the area are 77.24 and 80.94 acres, respectively, and they
have never been subdivided.
4. (4) Insanitary or unsafe conditions. There are several conditions existing within the
proposed renewal area that apply to this characteristic. Typical insanitary conditions include
excessive amounts of junk, trash, and weeds in violation of City sanitation codes. Another
insanitary condition occurs in areas that lack sanitary sewers or where the sanitary sewer system
has insufficient capacity. Basically, the area south of Riverside Drive and Highway 44 has no
sanitary sewer system. The Eagle Sewer District plans to serve the area west of Ancona with a
new 8-inch main and a gravity system. The area east of Ancona will require some type oflift
system. Therefore, when "4S" appears on the map, it indicates problems with the sanitary sewer
system, in this case, lack of sewer mains.
There are also some unsafe conditions in the area. Most are found with the street system
and include lack of sidewalks, curbs, and gutters; narrow, inadequate streets; and lack of street
lights. A "4ST" on the map indicates unsafe conditions with the street system. This applies to
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - 5
Ancona, which lacks sidewalks on the east side, Highway 44 at Ancona, which lacks deceleration
and acceleration lanes for traffic entering or exiting Ancona, and the south side of Highway 44
because of uncontrolled access from the two large parcels at the eastern end of the area.
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, parks, water mains, sanitary sewers, and
public facilities such as swimming pools and public buildings are included. This characteristic was
not found in the area.
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. This characteristic does not apply to this area because there are only
fourteen different ownerships for the property in the area that totals 221 acres.
7. (7) Tax and special assessment delinquency exceeding the fair value of the land.
This characteristic does not apply to the area.
8. (S) 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
water mains and fire hydrants for projected new development. The hydrant problem is present
throughout the area. The Eagle Water Company reported that it has a well on the second large
parcel from the eastern edge of the area, but it will need another well on the Lonesome Dove
property outside of the area, as well as connecting mains, to provide adequate water service.
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - 6
A Division of Environmental Quality moratorium is currently preventing the Eagle Water
Company from adding any new customers. When a "9F" appears on the map it 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.
D. Effects of Present Conditions
1. (a) Results in economic underdevelopment of the area. Field review and aerial
photographs show the current underdeveloped status of the area.
2. (b) Substantially impairs or arrests the sound growth of a municipality. The City's
Comprehensive Plan calls for mixed use in this area; however, the current condition discourages
such use because of the concrete plants on the two large parcels at the eastern end and the lack of
public infrastructure. So far, the area has been bypassed, but a new development has been planned
for the western end of the area. The resulting uneven growth adversely affects the sound growth of
the City because it places additional burdens on the City's capital improvement program in
attempting to keep up with the unmet infrastructure needs of this area, particularly the greenbelt
system along the Boise River and the planned park adjacent to the river in a site with three ponds
south of Ancona.
3. (c) Retards the provision of housing accommodations or (d) constitutes an economic
or socialliabilitv. In its current condition, the property is producing minimal property taxes when
compared to other areas in the City. In addition, the property has very limited public
infrastructure. Hence, such an area tends to become an economic liability for the City.
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 very slow growth
and, as a result, has become a modest economic liability. In addition, the nonexistent fire
protection facilities and the street and highway problems create some unsafe conditions in the area.
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - 7
Accordingly, these conditions represent a menace or threat to the public welfare or prosperity and
safety of the community.
E. Appropriateness of the Area for an Urban Renewal 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 renewal 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 Southeast Highway 44 Area is a
deteriorating area because of the presence of various conditions, most of which are related to the
public infrastructure. The public infrastructure is inadequate and is dependent upon developer
contributions. Such contributions may not happen at the right times and places to allow an orderly
west to east development pattern. Developers often bypass such areas because of the higher costs.
This leaves the City with the problems of trying to assist new development in such areas and
having limited resources to devote to such an effort.
Preparation and approval of an urban renewal plan, including a revenue allocation
financing provision, would give the City additional resources to assist developers in solving the
public infrastructure problems in this area and to achieve the mixed use development as outlined
by the Comprehensive Plan. In effect, property taxes generated by new development within the
area can be used by the Urban Renewal Agency to finance the needed public improvements.
Finally, the new developments would also generate additional jobs that would, in turn, benefit
residents of the community.
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - 8
CONCLUSION
This report concludes that the Southeast Highway 44 Area described in this report is a
deteriorating and deteriorated area and, as such, is appropriate for an urban renewal project.
Attachments
SOUTHEAST HIGHWAY 44 AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR EAGLE URBAN RENEWAL AGENCY - 9
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 of buildings 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 of this 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 real 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 offoundations, platforms and other like structural forms.
DEFINITION OF DETERIORATING AREA. IDAHO CODE & 50-201S(0)
AND DETERIORATED AREA. IDAHO CODE & 50-2903(S)(b)
A deteriorating or deteriorated area is any area which by reason of the presence of (I) 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; (8) defective or unusual conditions of title; (9) the existence of conditions which endanger
life or property by fire and other causes; or (10) any combination of such factors, (a) (results in
economic underdevelopment of the area); l(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 50-2008(d) shall apply.2 Provided, however, this
definition shall not apply to any agricultural operation, as defined in Section 22-4502(1), Idaho
Code, absent the consent of the owner of the agricultural operation, except for an agricultural
operation that has not been used for three (3) consecutive years.2
IThis appears only in the revenue allocation statute.
2This appears only in the urban renewal statute.
Idaho Code I 50-2008( d)
(d) Following such hearing, the local governing body may
approve an urban renewal project and the plan therefor if it finds that (1) a
feasible method exists for the location of families who will be displaced
from the urban renewal area in decent, safe and sanitary dwelling
accommodations within their means and without undue hardship to such
families; (2) the urban renewal plan conforms to the general plan of the
municipality as a whole; (3) the urban renewal plan gives due
consideration to the provision of adequate park and recreational areas and
facilities that may be desirable for neighborhood improvement, with
special consideration for the health, safety and welfare of children residing
in the general vicinity of the site covered by the plan; and (4) the urban
renewal plan will afford maximum opportunity, consistent with the sound
needs of the municipality as a whole, for the rehabilitation or
redevelopment of the urban renewal area by private enterprise: Provided,
that if the urban renewal area consists of an area of open land to be
acquired by the urban renewal agency, such area shall not be so acquired
unless (I) it is to be developed for residential uses, the local governing
body shall determine that a shortage of housing of sound standards and
design which is decent, safe and sanitary exists in the municipality; that
the need for housing accommodations has been or will be increased as a
result of the clearance of slums in other areas; that the conditions of blight
in the area and the shortage of decent, safe and sanitary housing cause or
contribute to an increase in and spread of disease and crime and constitute
a menace to the public health, safety, morals, or welfare; and that the
acquisition of the area for residential uses is an integral part of and
essential to the program of the municipality, or (2) if it is to be developed
for nonresidential uses, the local governing body shall determine that such
nonresidential uses are necessary and appropriate to facilitate the proper
growth and development of the community in accordance with sound
planning standards and local community objectives, which acquisition
may require the exercise of governmental action, as provided in this act,
because of defective or unusual conditions of title, diversity of ownership,
tax delinquency, improper subdivisions, outmoded street patterns,
deterioration of site, economic disuse, unsuitable topography or faulty lot
layouts, the need for the correlation of the area with other areas of a
municipality by streets and modern traffic requirements, or any
combination of such factors or other conditions which retard development
of the area.
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