(A) General:
1. 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 storm water management infrastructure to support compliance with federal, state and local regulations for storm water discharge and to support private development;
(b) The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan;
(c) The engineering, design, installation, construction, and/or reconstruction of:
(1) Streets, intersections and other pedestrian crossing facilities;
(2) Water and sewer system improvements;
(3) Other utility improvements, including removal, burying, or relocation of overhead or underground utilities;
(4) Extension of electrical distribution lines and transformers;
(5) Improvement of irrigation and drainage ditches and laterals;
(6) Installation or improvements to fiber optic facilities and/or other communication systems;
(7) Parking facilities and electric charging stations;
(8) Fire protection systems;
(9) Public art;
(10) Curbs, gutters, and streetscapes, which for purposes of this Plan, the term streetscapes includes sidewalks, lighting, landscaping, benches and other street furniture, bike racks, and similar amenities between the curb and right-of-way line;
(11) Other public improvements that may be deemed appropriate by the Board, including, but not limited to, walkways, public open spaces, outdoor public event spaces, parks, waterfront improvements, plazas, including but not limited to the City Hall/Library pedestrian plaza, and other similar amenities that may be deemed appropriate by the Board;
(d) The acquisition of real property from the City or others for right-of-way improvements, public parks, pedestrian facilities and trails, recreational access points and to encourage development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers, in part to encourage development of local housing options;
(e) 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;
(f) The management of any property acquired by and under the ownership and control of the Agency;
(g) The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan;
(h) The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation;
(i) To support or partner in the engineering, design, installation, construction of a public community and/or recreation center;
(j) To support or partner in the development of a robust public market to encourage pedestrian activity in the CBD;
(k) The provision of financial and other assistance to encourage and attract business enterprise including but not limited to start-ups and microbusinesses, mid-sized companies and large-scale corporations;
(l) The provision of financial and other assistance to encourage greater density, and to encourage construction of local housing options pursuant to the McCall Local Housing Program;
(m) The rehabilitation of structures and improvements by present owners, their successors, and the Agency;
(n) The preparation and assembly of adequate sites for the development and construction of facilities for commercial, office, retail, residential, and governmental use;
(o) 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 waterfront amenities, streetscape, festival streets, plazas, multi-use pathways, parks and open space and other like public spaces applicable to the Project Area as needed to support implementation of this Plan;
(p) The demolition or removal of certain buildings and/or improvements for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades, public parks, open space, plazas, multi-use trails, public facilities, and 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;
(q) 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;
(r) To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment;
(s) To make improvements to utilities (within and outside of the Project Area) to encourage development throughout the Project Area;
(t) To support or partner in projects providing additional public access to Payette Lake and the installation of other waterfront amenities, including public docks, waterfront parks and adjacent plazas, and pedestrian pathways. This includes projects supporting environmental protection of Payette Lake; and
(u) To encourage and support public wayfinding projects.
2. 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 all the powers now or hereafter permitted by Law and Act.
(B) Urban Renewal Plan Objectives:
1. 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 the attachments to Ord. 982, the Project Area has a history of a slow-growing tax base based on deteriorated and/or deteriorating conditions that have arrested or impaired or will arrest or impair growth in the Project Area.
2. As set forth in greater detail in the attachments to Ord. 982, the construction of public facilities, installation and construction of public infrastructure, or improvements thereto, the installation, construction and improvements to pedestrian amenities, waterfront improvements and/or development, improvements to water and sewer facilities (within and outside of the Project Area), fire protection updates, as well as remediating any drainage issues will enhance the overall development of the Project Area.
3. Hence, the Plan for the Project Area is a proposal for public improvements to provide an improved environment for new commercial, office, retail, and residential uses; improvements to public open space and facilities; the elimination of unsafe conditions; and to otherwise prevent the extension of deterioration and reverse the deteriorating action of the Project Area.
4. Less than fee acquisition may be utilized by the Agency when and if necessary to promote redevelopment in accordance with the objectives of the Plan.
5. Temporary project improvements shall be provided, if necessary, to facilitate adequate vehicular and pedestrian circulation.
6. 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 the attachments to Ord. 982.
7. 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 an assertive strategy. The following list 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, retail, commercial, and office opportunities and encourage economic development.
(c) Secure and improve certain public open space in critical areas.
(d) Initiate projects designed to encourage a mixture of housing stock including varying density, market-rate, workforce and local housing options.
8. Without direct public intervention, much of the Project Area 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.
9. Land use in the Project Area will be modified to the extent that underutilized, underdeveloped, and vacant land and land now devoted to uses inconsistent with the future land uses of the area will be converted to residential, commercial, retail and office uses. In implementing the activities described in this Plan, the Agency shall give due consideration to the provision of adequate open space, park 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 site covered by the Plan.
(C) Participation Opportunities And Agreement:
1. Participation Agreements:
(a) The Agency shall enter into various development participation agreements with any existing or future owner of property, in the event the property owner seeks and/or receives assistance from the Agency in the development or redevelopment of the property. The term "owner participation agreement" or "participation agreement" is intended to include all participation agreements with a property owner, including reimbursement agreements, grant agreements or other participation agreements.
(b) Each structure and building in the Project Area 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, and the Agency will so certify, if the rehabilitated or new structure meets the standards set forth in an executed owner participation agreement and meets the conditions described below:
(1) Any such property within the Project Area shall be required to conform to all applicable provisions, requirements, and regulations of this Plan. The owner participation agreement may require as a condition of financial participation by the Agency a commitment by the property owner to meet the greater objectives of the land use elements identified in the Comprehensive Plan, the Downtown Framework, and applicable zoning ordinances. Upon completion of any rehabilitation, each structure must be safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition that will continue throughout an estimated useful life for a minimum of twenty (20) years.
(2) All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated or constructed in conformity with all applicable codes and ordinances of the City.
(3) Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan, as well as to all applicable codes and ordinances of the City.
(c) All owner participation agreements will address phasing issues, 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, 2039. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any owner participation agreement.
(d) In all 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 a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area.
(e) In the event a participant fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with the attachments to Ord. 982 and sold or leased for rehabilitation or development in accordance with this Plan.
(f) Owner participation agreements may be used to implement the following objectives:
(1) Encouraging property owners to revitalize and/or remediate deteriorated areas or deteriorating areas of their parcels to accelerate development in the Project Area.
(2) 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 redevelopment of the Project Area.
(3) To accommodate improvements and expansions allowed by City regulations.
(4) 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.
(5) Provide for advance funding by the developer/owner participant of those certain public improvements related to or needed for the private development. In that event, the Agency will agree as set out in the participation agreement to reimburse a portion of, or all of, the costs of public improvements identified in the participation agreement from the revenue allocation generated by the private development.
(D) Cooperation With Public Bodies:
1. 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.
2. 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.
3. 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. 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.
4. The Agency specifically intends to cooperate to the extent allowable with the City for the construction of street, streetscape, utility, pedestrian improvements and waterfront improvements and development. The Agency shall also cooperate with the City on various relocation, screening, or underground projects, the providing of fiber optic capability, and the funding of water and sewer improvements. The Agency shall also cooperate with any public entity having jurisdiction over rights-of-way for the improvement of streets within the Project Area and with the public bodies responsible for water and sewer improvements. The Agency may also cooperate and seek available assistance from State and Federal sources for economic development.
5. In the event the Agency is participating in the public development by way of financial incentive or otherwise, the public body shall enter into a participation agreement with the Agency and then shall be bound by the Plan and other land use elements and shall conform to those standards specified in the attachments to Ord. 982.
6. 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 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.
(E) Property Acquisition:
1. Real Property:
(a) 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 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.
(b) 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. 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 part, for the construction of public improvements and to support local housing projects.
(c) 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 the Agency of funds to acquire said property either through a voluntary acquisition or the public entity's invoking of its eminent domain authority as limited by Idaho Code §7-701A.
(d) The Agency is authorized by this Plan to acquire the properties identified in Attachment 3 of Ord. 982, including but not limited to property to be acquired for the extension or expansion of certain rights-of-way.
(e) The Agency is authorized by this Plan and Idaho Code §§ 50-2010 and 50-2018(12) to acquire the properties identified in Attachment 3 of Ord. 982 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, water and sewer improvements, environmental remediation/site preparation, public parking, public art, local housing, community facilities, including but not limited to public open space, parks, plazas, pedestrian/bike paths and trails, waterfront improvements and docks, multi-purpose community and/or recreation facilities, and other public facilities. Further, the Agency may acquire real property to facilitate commercial development and/or housing opportunities 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 mixed-use, residential, commercial, retail and office areas. 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.
(f) It is in the public interest and may be necessary, in order to eliminate the conditions requiring 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.
(g) 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 of Ord. 982 for acquisition for the construction of public improvement, to facilitate commercial development, and to support the development of local housing projects. The Agency may also acquire property for the purpose of developing streetscape and public utilities. The Agency reserves the right to determine which properties, if any, should be acquired.
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 for the purpose of developing the public improvements described in section (E)1.
(F) 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 redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt.
(G) Relocation Of Persons (Including Individuals And Families), Business Concerns, And Others Displaced By The Project:
1. 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.
2. In the event the Agency's activities result in displacement, 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. The Agency shall also coordinate with the various local, State, or Federal agencies concerning relocation assistance.
(H) Demolition, Clearance And Site Preparation:
1. 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.
2. 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. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, parks, pedestrian walkways, parking facilities, drainage facilities, and other public improvements necessary to carry out this Plan.
(I) Property Disposition And Development:
1. Disposition By The Agency:
(a) 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 Code § 50-2011. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding.
(b) 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.
2. Disposition And Development Agreements:
(a) 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.
(b) The Agency shall reserve such powers and controls in the disposition and development documents as 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.
(c) 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 Valley County, Idaho.
(d) 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 participation 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.
(e) 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.
(f) That the developers, their successors, and assigns agree:
(1) That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency.
(2) 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.
(3) That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s).
(4) 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.
(5) All new construction shall have a minimum estimated life of no less than twenty (20) years.
(6) 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 for a minimum of twenty (20) years.
(7) That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale.
(8) 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.
(9) All disposition and development documents shall be governed by the provisions laid out in the attachments to Ord. 982.
(10) All other requirements and obligations as may be set forth in any participation policy established and/or amended by the Agency.
(g) 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, 2039. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any disposition and development agreement.
3. Development By The Agency:
(a) 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 §§50-2007, 50-2018(10) and (13), and 50-2903(9), (13), and (14), and as otherwise identified in Attachments 5.1-5.5, attached to Ord. 982 and incorporated herein by reference, and may acquire or pay for the land required therefore.
(b) 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 the attachments to Ord. 982 or out of any other available funds.
(J) Development Plans: All development plans (whether public or private) prepared, pursuant to an owner participation or disposition and development agreement, shall be submitted to the Agency Board for approval and architectural review. All development in the Project Area must conform to those standards specified in the attachments to Ord. 982. Additionally, development must be consistent with all City ordinances.
(K) [Reserved].
(L) [Reserved].
(M) Participation With Others:
1. 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 Idaho Community Development Block Grant Program ("ICDBG"), 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.
2. 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.
3. 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.
4. As allowed by law, the Agency may also use funds from any other sources for any purpose set forth under the Law or Act.
5. 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 the attachments to Ord. 982 or out of any other available funds.
(N) 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, and the owner of such property will be permitted to remain as a conforming owner without a participation agreement with the Agency, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan.
(O) Arts Funding: The Agency encourages public art and performing arts through joint ventures with private developers and in cooperation with the City. Whenever possible, any Agency arts funding will be used to leverage additional contributions from developers, other private sources, and public or quasi-public entities for purposes of including public art within the streetscape projects or other areas as identified in this Plan. (Ord. 982, 10-24-2019)