Boise Central District Urban Renewal Projects I and II Idaho R-4 and R-5, The Boise Redevelopment Agency

              DRAFT (4) 5/8/87 cj
P.~Al05.2
40C-9005
BOISE CENTRAL DISTRICT
URBAN RENEWAL PROJECTS I AND II
IDAHO R-4 AND R-5
THE BOISE REDEVELOPMENT AGENCY
URBAN RENEWAL PLAN, JULY 1987
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
R.fA105.2
40C-9005
I •
A.
B.
I I.
III.
A.
B.
c.
D.
E.
F.
[§100]
(§101)
·1.
[§103)
[§200}
[§300)
[§301}
[§302)
[§303)
1.
2.
3.
4 .
[§308)
[§309]
1.
2.
3 •
[§313]
TABLE OF CONTENTS
INTRODUCTION ..••••...
Other Provisions Necessary to Meet
State and Local Requirements .•..
[§102] Conformance With State of
Idaho Urban Renewal Law
of 1965 ..•..••
Summary of Changes to Previous
Urban Renewal Plans . . . .
DESCRIPTION OF PROJECT AREA • •
PROPOSED REDEVELOPMENT ACTIONS .•
General . . .
Urban Renewal Plan Objectives •
Participation Opportunities; Extension
of Preferences for Reentry Within
Redeveloped Project Area •..•....•
[§304]
[§305]
[§306]
[§307)
Opportunities for Owners
and Business Tenants ....
Rules for Participation
Opportunities, Priorities,
and Preferences .•..••
Participation Agreements .•
Conforming Owners . . . . . . .
Cooperation With Public Bodies.
Property Acquisition ..
[§310)
[§311)
[§312)
Real Property
Rehabilitation and
Conservation. • •
Personal Property
Property Management .....
- i -
1
3
3
3
4
5
5
6
7
7
7
8
8
9
10
10
11
11
12
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.22
40C-9005
G.
H.
I .
J.
K.
L.
IV.
A.
B.
[§314]
1.
2.
[§317]
1.
2.
[§320]
1.
2.
[§327]
[§328)
[§329]
[§400]
[§401]
[§402]
1.
Relocation of Persons (Including
Individuals and Families), Business
Concerns, and Others Displaced by
the Project . . . . . . . . . . . . .
[§315]
[§316]
Assistance in Finding Other
Locations . . . . . . . . .
Relocation Payments . .
Demolition, Clearance, and Building
and Site Preparation. ..........
[§318)
[§319)
Demolition and Clearance ..
Preparation of Building
Sites . . . . . . . . . . .
Property Disposition and Development.
[§321] Real Property Disposition
a.
b.
c.
d.
and Development . . .
[§322)
[§323]
[§324]
[§325]
General .........
Disposition and
Development Documents.
Development by the
Agency . . . . . .
Development Plans.
[§326] Personal Property
Disposition . . . . .
Rehabilitation and Conservation
of Structures . . . . . . . . .
12
12
12
12
12
13
13
13
13
13
16
16
16
16
Participation With Private Development. . 17
Fine Arts and Performing Arts Fund. . 17
USES PERMITTED IN THE PROJECT AREA. . 18
Redevelopment Plan and
Development Strategy . .
Designated Land Uses .
[§403] Commercial Uses .
-- ii -
18
18
18
Reproduced from the Boise State University Library, Special Collections. MSS 250
'
DRAFT (4)
RPA105.2
40C-9005
c.
5/8/87
[§404]
1.
2.
3.
4.
cj
Other Land Uses • • • • • • • • • • • 18
[§405)
[§406)
[§407]
[§408]
Public Rights-of-Way.
Other Public, Semi-Public,
Institutional, and Nonprofit
18
Uses. • . . . . • • • . • . . . 19
Interim Uses.
Nonconforming Uses ..
D. [§409)
1.
2.
General Controls and Limitations
20
20
20
20
3.
4.
5.
6.
7.
8.
9.
10.
E. [§420)
F. [§421)
G. [§422)
v. [§500)
A. [§501]
B. [§502]
c. [§503)
D. [§504]
[§410]
[§411)
Construction .••
Rehabilitation and Retention
of Properties • . . . • . . • . 20
[§412]
[§413]
[§414]
(§415]
[§416]
[§417]
[§418]
[§419]
Limitation on Type, Size,
and Height of Buildings •
Open Spaces, Landscaping,
Light, Air, and Privacy •
Signs . . .
Utilities
Incompatible uses
Nondiscrimination and
Nonsegregation ..
. . . . .
Subdivision of Parcels ..
Minor Variations.
Design for Development.
Off-Street Loading ..
Off-Street Parking ..
21
21
21
21
21
21
22
22
22
23
23
METHODS OF FINANCING THE PROJECT. . . 24
General Description of the
Proposed Financing Method . .
Revenue Bond Funds ..•
Other Loans and Grants ..
24
24
25
Revenue Allocation Financing Provisions . 25
- iii -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
'RPA105.2
40C-9005
VI. (§600]
VII. (§700]
VIII. [§800]
IX. [§900]
ACTIONS BY THE CITY • . . . . .
ENFORCEMENT
DURATION OF THIS PLAN . . . . . . . . . .
PROCEDURE FOR AMENDMENT • . . . . . .
- iv -
26
26
27
27
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
R~PA105. 2
40C-9005
Attachment No. 1
Attachment No. 2
Attachment No. 3
Attachment No. 4
Attachment No. 5
Attachments
Description of the Project
Area Boundaries . . . . . .
Project Area Map. . . . . . . •
Description of Properties Within
the Revenue Allocation Area
Revenue Allocation Area Map . .
Statement of Objectives, Costs,
and Tax Impact. . . . . . . . .
- v -
. . .
. . .
. . .
. . . .
. . . .
.
.
28
29
30
31
32
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
I • [§100]
URBAN RENEWAL PLAN
FOR THE
BOISE CENTRAL DISTRICT
THE BOISE REDEVELOPMENT AGENCY
INTRODUCTION
This· is the Urban Renewal Plan (the "Plan") for the Boise
Central District Redevelopment Project (the "Project") in the
City of Boise (the "City"), County of Ada, State of Idaho, and
consists of the Text, the Description of the Project Area
Boundaries (Attachment No. 1), the Project Area Map (Attachment
No. 2), the Description of the Properties Within the Revenue
Allocation Area (Attachment No. 3), the Revenue Allocation Map
(Attachment No. 4), the Statement of Objectives, Costs, and Tax
Impact (Attachment No. 5), and the Appendix.
The Appendix contains several planning documents which
generally describe the overall Project and identify certain
specific public and private capital improvement projects.
Because of the changing nature of the Project, these documents,
by necessity, must be dynamic and flexible. The Agency
anticipates that these documents will be modified as circum-stances
warrant. Any modification, however, shall not be deemed
as an amendment of this Plan. No modification will be deemed
effective if it is in conflict with this Plan. In the event of
any conflict between this Plan and the appended documents, the
provisions of this Plan shall control.
The planning documents are identified as follows:
Document 1
Volume 1, Boise Downtown Urban Design Plan, Framework
Master Plan and Design Guidelines, adopted April 1,
1986;
Document 2
volume 2, Boise Downtown Urban Design Plan, Public
Capital Improvements Projects, accepted April 1, 1986;
Document 3
Boise Downtown Redevelopment Project Parking Plan,
accepted October 1986;
Document 4
Boise Downtown Urban Design Plan, Design Manual for
Surface Improvement Projects, accepted October 1986; and
- 1 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
R<PA105.2
40C-9005
Document 5
Boise Downtown Development Strategy, accepted
February 1987.
This Plan was prepared by the Redevelopment Agency of the City of
Boise (the "Agency") pursuant to the state of Idaho (Idaho Urban
Renewal Law, ch. 20, title 50, Idaho Code), the Idaho Constitu-tion,
and all applicable local laws and ordinances.
The proposed redevelopment of the Project Area as described
in this Plan conforms to the Comprehensive Plan for the City of
Boise adopted by the City Council on , 19 , as
amended. --
This Plan provides the Agency with powers, duties, and obli-gations
to implement and further the program generally formulated
in this Plan for the redevelopment, rehabilitation, and revitali-zation
of the area within the boundaries of the Project (the
"Project Area"). Because of the long-term nature of this Plan,
and the need to retain in the Agency flexibility to respond to
market and economic conditions, property owner and developer
interests and opportunities from time to time presented for
redevelopment, this Plan does not present a precise plan or
establish specific projects for the redevelopment, rehabili-tation,
and revitalization of any area within the Project Area,
nor does this Plan present specific proposals in an attempt to
solve or alleviate the concerns and problems of the community
relating to the Project Area. Instead, this Plan presents a
process and a basic framework within which specific plans will be
presented, specific projects will be established, and specific
solutions will be proposed, and by which tools are provided to
the Agency to fashion, develop, and proceed with such specific
plans, projects, and solutions.
The purposes of the Urban Renewal Law will be attained
through, and the major goals of this Plan are:
The elimination of environmental deficiencies in the
Project Area, including, among others, obsolete and aged
building types, substandard alleys, and deteriorated
public improvements.
The assembly of land into parcels suitable for modern,
integrated development with improved pedestrian and
vehicular circulation in the Project Area.
The replanning, redesign, and development of undeveloped
areas which are stagnant or improperly utilized.
The strengthening of retail and other commercial
functions in the downtown area.
- 2 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
A.
B.
The strengthening of the economic base of the Project
Area and the community by the installation of needed
site improvements to stimulate new commercial expansion,
employment, and economic growth.
The provision of adequate land for parking and open
spaces.
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.
The possible expansion of the community's supply of low-and
moderate-income housing.
[§101]
1 .
Other Provisions Necessary to Meet State and
Local Requirements
[§102] Conformance With State of Idaho
Urban Renewal Law of 1965
a. The laws of the State of Idaho require that a
Redevelopment Area Plan be prepared by the
Redevelopment Agency of Boise City for an area
certified as a Redevelopment Area by the Boise City
Council. The Boise Central District Redevelopment
Area Plan was certified by the Council on May 22,
1967.
b. In accordance with the Idaho Urban Renewal Law of
1965, this Plan was submitted to the Planning-
Zoning Commission of the City of Boise by the City
Council. After consideration of the Plan, the
Commission filed a report with the City Council
stating that this Plan is in conformity with the
Boise City Comprehensive General Plan.
c. Pursuant to the Idaho Urban Renewal Law of 1965,
the City Council, having published due notice
thereof, a public hearing was held on this Plan.
Notice of the hearing was duly published in a
newspaper having general circulation. The City
Council adopted this Plan on , 19 , by
Ordinance No. --
[§103] Summary of Changes to Previous Urban Renewal
Plans.
Because of certain requirements and regulations, two urban
renewal plans have existed since the late 1960s, even though the
contents and substance of the plans were virtually the same. Two
project areas were identified, adjacent to each other. Because
of the change in 1979 from operating under the federal urban
- 3 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
renewal regulations to community development block grant regula-tions,
there is no necessity to maintain the distinction between
the project areas.
Another remnant of the urban renewal regulations was the
previous distinction between federally assisted and non-federally
assisted areas of the overall project area. Presumably all of
the regulations and standards of previous urban renewal plans,
including acquisition, would apply in the non-federally aided
jurisdiction, but no federal funds could be used to complete
those activities. Presumably, development in the non-federal
area would have served as a matching non-cash local grant in aid
under the old urban renewal regulations. This distinction is no
longer significant, because of the change from urban renewal to
block grant jurisdiction.
Under previous plans, the non-federal aid area was subject
only to the design review aspects of the plan. However, since
the adoption of Ordinance No. 4816 by the Boise City Council on
January 2, 1985, the Agency has been granted design review
authority over the entire described project area. Therefore, the
boundaries of the Project Area are coextensive with the design
review district designated by the Boise City Council. In all
respects, the provisions of this Plan apply to all properties
located within the Agency's boundaries.
Under the Idaho Urban Renewal Law and previous Urban Renewal
Plans, certain changes or amendments which were substantive in
nature required consent of any property owner who has previously
acquired real property within the project area if his property
interest is substantially affected by the proposed modification.
While this current Plan is substantially different in form, the
overall substance of land use, purpose, and interest is similar
to all plans previously adopted.
Substantial changes were regarded as rev1s1ons in project
boundaries, land uses permitted, acquisition of properties not
designated for acquisition, structures feasible for rehabilita-tion,
and other changes which would violate the objectives of
previous plans. This current Plan does revise project boun-daries,
though the pxeviously so-called federally assisted area
would now be coterminous with the overall area boundaries. There
has been no change in land uses permitted, thus the text of this
Plan does not violate any of the objectives of previous plans.
I I • (§200) DESCRIPTION OF PROJECT AREA
The boundaries of the Project Area are described in the
"Description of the Project Area Boundaries," attached hereto as
Attachment No. 1 and incorporated herein by reference, and are
shown on the "Project Area Map," attached hereto as Attachment
No. 2 and incorporated herein by reference.
- 4 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
,RPA105.2
40C-9005
The boundaries of the Revenue Allocation Area are described
in the Description of Properties Within the Revenue Allocation
Area, attached hereto as Attachment No. 3 and incorporated by
reference. The Map of the Revenue Allocation Area is attached
hereto as Attachment No. 4 and incorporated by reference.
III.
A.
(§300]
[§301]
PROPOSED REDEVELOPMENT ACTIONS
General
The Agency proposes to eliminate and prevent the spread of
blight and deterioration in the Project Area by:
1. The acquisition of certain real property;
2. The demolition or removal of certain buildings and
improvements;
3. Providing for participation by owners and tenants
presently located in the Project Area and the
extension of preferences to business occupants and
other tenants desiring to remain or relocate within
the redeveloped Project Area;
4. The management of any property acquired by and
under the ownership and control of the Agency;
5. Providing relocation assistance to displaced
Project occupants, as required by federal law;
6. The installation, construction, or reconstruction
of streets, utilities, and other public improve-ments;
7. The disposition of property for uses in accordance
with this Plan;
8. The redevelopment of land by private enterprise or
public agencies for uses in accordance with this
Plan;
9. The rehabilitation of structures and improvements
by present owners, their successors, and the
Agency;
10. The assembly of adequate sites for the development
and construction of commercial facilities;
11. To the extent allowed by law, lend or invest
federal funds to facilitate redevelopment; and
12. The construction of foundations, platforms, and
other like structural forms necessary for the
provision or utilization of air rights, sites for
- 5 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
. RPAlOS. 2
40C-9005
buildings, and to be used for residential, commer-cial,
industrial, and other uses contemplated by
the Plan and to provide utilities to the develop-ment
site.
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.
B. [§302] Urban Renewal Plan Objectives
Urban Renewal action is necessary in the Project Area to
combat problems of physical blight and economic obsolescence.
The Project Area consists of approximately eighteen (18)
blocks within the Boise Central Business District. The area has
a history of declining tax base primarily attributed to:
deteriorating structures, inadequate and inconvenient parking,
and poorly maintained properties, abandoned railroad right-of-way,
and other deteriorating areas.
This environment contrasts sharply with the growing economic
and cultural strength of Boise City and the Ada County region for
which the Boise Central Business District serves as the commer-cial
and cultural center.
Hence, the Urban Renewal Plan for the Project Area is a
proposal for major clearance to provide land for innovative,
imaginative, and contemporary commercial facilities; to remove
impediments to land disposition and development; as well as to
achieve changes in land use. It is further designed to eliminate
unhealthy, unsanitary, or unsafe conditions, and otherwise pre-vent
the extension of blight and deterioration.
The streets to be vacated, or relocated, will create addi-tional
buildable area for retail, commercial, or office use.
Air rights and subterranean rights may be disposed of for any
permitted use within the Project Area boundaries.
Less than fee acquisition may be utilized by the Boise Re-development
Agency when and if necessary to promote redevelopment
in accordance with the objectives of the Plan.
Temporary project improvements shall be provided to facili-tate
adequate vehicular and pedestrian circulation.
All existing alleys within the Project Area may be vacated to
permit development as well as encourage variety and flexibility
of design within the periphery blocks.
- 6 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
FPA105.2
40C-9005
The Project Area is part of a larger Downtown Improvement
Area which the Boise City Council, pursuant to Resolution
No. 7995, found, inter alia, to contain a substantial number of
deteriorating buildings. A copy of Resolution No. 7995 is
attached as Exhibit A.
A further objective of the Urban Renewal Plan is to acquire
and clear land to be used for other public facilities, including
a convention center and a courthouse facility. Off-street park-ing
and loading facilities will be developed to serve the new
commercial complex within the Project Area. Land use in the
Project Area will be modified to the extent that buildings
currently vacant and land now devoted to scattered surface
parking will be converted to commercial, public parking, and
public/semi-public uses.
In coordination with the State Historical Society and the
Boise City Historical Preservation Commission, consideration will
be given to the preservation of structures of historic and archi-tectural
value within or the moving of said structures outside
the Project Area boundaries.
c. [§303]
1.
Participation Opportunities; Extension of
Preferences for Reentry Within Redeveloped
Project Area
[§304] Opportunities for Owners and
Business Tenants
In accordance with this Plan, the rules for partici-pation
by owners, the extension of preferences to business
tenants adopted by the Agency pursuant to this Plan, and the
Urban Renewal Law, persons who are owners of real property in the
Project Area shall be given a reasonable opportunity to partici-pate
in redevelopment by: (1) retaining all or a portion of
their properties; (2) acquiring adjacent or other properties in
the Project Area; (3) rehabilitation of existing buildings or
improvements; (4) new development; or (5) selling their proper-ties
to the Agency and purchasing other properties in the Project
Area.
The Agency shall extend reasonable preferences to per-sons
who are engaged in business in the Project Area to partici-pate
in the redevelopment of the Project Area, or to reenter into
business within the redeveloped Project Area, if they otherwise
meet the requirements prescribed in this Plan.
2. [§305] Rules for Participation Oprortu-nities,
Priorities and Pre erences
In order to provide opportunities to owners to par-ticipate
in the redevelopment of the Project Area and to extend
reasonable preferences to businesses to reenter into business
within the redeveloped Project Area, the Agency may promulgate
- 7 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
'RPA105.2
40C-9005
rules for participation by owners and the extension of prefer-ences
to business tenants for reentry within the redeveloped
Project Area. If conflicts develop between the desires of
participants for particular sites or land uses, the Agency is
authorized to establish reasonable priorities and preferences
among the owners and business tenants. Some of the factors to be
considered in establishing these priorities and preferences may
include a participant's length of occupancy in the area, accom-modation
of as many participants as possible, similarity of land
use, the necessity to assemble sites for integrated, modern
development, and conformity of a participant's proposal with the
intent and objectives of this Plan.
In addition to opportunities for participation by
individual persons and firms, participation shall be available
for two or more persons, firms, or institutions to join together
in partnerships, corporations, or other joint entities.
Participation opportunities shall necessarily be subject
to and limited by such factors as: (1) the elimination and
changing of some land uses; (2) the construction, widening or
realignment of some streets; (3) the ability of participants to
finance acquisition and development or rehabilitation in accor-dance
with this Plan; (4) the reduction in the total number of
individual parcels in the Project Area; and (5) the construction
or expansion of public facilities.
3. (§306] Participation Agreements
The Agency may require that, as a condition to partici-pation
in redevelopment, each participant shall enter into a
binding agreement with the Agency by which the participant agrees
to rehabilitate, develop, use, and maintain the property in
conformance with this Plan and to be subject to the provisions
hereof. In such agreements, participants who retain real prop-erty
shall be required to join in the recordation of such docu-ments
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 pro-visions
of this Plan are applicable to all public and private
property in the Project Area.
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
and sold or leased for rehabilitation or development in
accordance with this Plan.
4. [§307] Conforming Owners
The Agency may, at its sole and absolute discretion,
determine that certain real property within the Project Area
presently meets the requirements of this Plan, and the owner of
- 8 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
SPA105.2
40C-9005
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. However, a conforming
owner shall be required by the Agency to enter into a partici-pation
agreement with the Agency in the event that such owner
desires to: (a) construct any additional improvements or sub-stantially
alter or modify existing structures on any of the real
property described above as conforming; or (b) acquire additional
property within the Project Area.
The Agency has previously entered into disposition and
development agreements (see Sections 322 and 323 infra) with
several developers who have completed redevelopment projects and
who have received or are entitled to certificates of completion.
The Agency hereby determines that the following project owners
are conforming owners under the terms of this section:
Idaho First National Bank (except the Parcel E site)
One Capital Center
The Egyptian Theatre
The Statehouse Inn
The City of Boise
Ada County
Provided, however, that said developers are still bound to the
provisions of the covenants filed on the real property and any
other contracted provisions. The Agency has also previously
entered into a participation agreement with the developers of the
Sonna Building located at the northwest corner of Ninth and Main
Streets. The Agency hereby determines that this project owner is
a conforming owner, provided, however, that the remaining activi-ties
under the participation agreement are completed.
D. [§308] Cooperation with Public Bodies
Certain public bodies are authorized by state law to aid and
cooperate, with or without consideration, in the planning, under-taking,
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 redevelop-ment
and the highest public good.
The Agency will seek the cooperation of all public bodies
which own or intend to acquire property in the Project Are~. All
plans for development of property in the Project Area by a public
body shall be subject to Agency approval.
The Agency may impose on all public bodies the planning and
design controls contained in this Plan to insure 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
- 9 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
of public land, buildings, facilities, structures, or other
improvements which land, buildings, facilities, structures, or
other improvements are or would be of benefit to the Project.
The Agency specifically intends to cooperate to the extent
allowable with the Greater Boise Auditorium District for the
development of a convention center.
E. [§309]
1.
Property Acquisition
[§310] Real Property
Except as specifically exempted herein, the Agency may
acquire, but is not required to acquire, any real property
located in the Project Area by any means authorized by law.
The Agency is authorized to acquire either the entire fee or any
other interest in real property less than a fee.
It is in the public interest and is necessary in order
to eliminate the conditions requiring redevelopment and in order
to execute this Plan for the power of eminent domain to be em-ployed
by the Agency to acquire real property in the Project Area
which cannot be acquired by gift, devise, exchange, purchase, or
any other lawful method.
Under previous plans, the Agency identified certain
properties it did not intend to acquire, even though those prop-erties
were within the urban renewal area. The properties
previously identified as not subject to acquisition were as
follows:
(a) The First Interstate Building and adjacent parking
garage, generally located at the northwest corner
of Capitol Boulevard and Idaho Street;
(b) The First Security Bank Building and adjacent
parking lot, generally located at the southwest
corner of Ninth Street and Idaho Street; and
(c) The Piper Jaffray and Hopwood Building, an adjacent
parcel generally located at 923 West Idaho Street
(the southeast corner of Tenth Street and Idaho
Street).
The Agency reasserts that it does not currently intend to acquire
those properties.
Those properties not designated for acquisition,
however, shall be subject to the specific provisions, require-ments,
and controls of this Plan. The owners of such not-to-be
acquired parcels will receive written notice of any necessary
improvements. In the event an owner fails or refuses to enter
into an owner-participation agreement, the Boise Redevelopment
- 10 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
Agency may acquire such interests in the property as may be
necessary to obtain compliance with the Urban Renewal Plan.
2. [§311) Rehabilitation and Conservation
Each structure and building in the Project Area to be
rehabilitated as a condition of the Owner-Participation Agreement
between the Agency and Owner pursuant to this Plan will be con-sidered
to be satisfactorily rehabilitated, and the Agency will
so certify, if the rehabilitated structure meets the following
standards:
3.
(a) Executed Owner Participation Agreement to meet
conditions of (b) below of the Agency. In the
event an owner fails or refuses to enter into
an owner-participation agreement, the Boise
Redevelopment Agency may acquire such inter-ests
in the property as may be necessary to
obtain compliance with the Urban Renewal Plan.
(b) Any such property within the Project shall be
required to conform to all applicable provi-sions,
requirements, and regulations of this
Plan. Upon completion of rehabilitation, each
structure must be safe and sound in all physi-cal
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
20 years.
(c) All such buildings or portions of buildings
which are to remain within the Project Area
shall be reconstructed in conformity with all
applicable codes and ordinances of the City of
Boise.
(d) It is the requirement of the Plan to remodel
or improve facades and interior arrangements;
remove or replace equipment and materials in
order to achieve attractive and economically
competitive facilities appropriate to a
central business district.
[§312) 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.
- 11 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
. RPA105.2
40C-9005
F. [§313) Property Management
During such time as 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. [§314]
1.
Relocation of Persons (Including Individuals
and Families), Business Concerns, and Others
Displaced by the Project
[§315) Assistance in Finding Other
Locations
As required by federal law, the Agency shall assist all
persons (including individuals and families), business concerns,
and others displaced by the Project in finding other locations
and facilities. In order to carry out the Project with a minimum
of hardship to persons (including individuals and families),
business concerns, and others, if any, displaced from their
respective places of residence or business by the Project, the
Agency shall assist such persons (including individuals and
families), business concerns, and others in finding new locations
that are decent, safe, sanitary, within their respective finan-cial
means, in reasonably convenient locations, and otherwise
suitable to their respective needs. The Agency may also under-take
these activities for those not entitled under federal law as
the Agency may deem appropriate and for which funds are avail-able.
The Agency may also provide housing inside or outside the
Project Area for displaced persons. These relocation efforts may
be undertaken on a phased basis to minimize disruption of busi-ness
or domestic life.
2. [§316] Relocation Payments
The Agency shall make relocation payments to persons
(including individuals and families), business concerns, and
others displaced by the Project for moving expenses and direct
losses of personal property and additional relocation payments as
may be required by law. Such relocation payments shall be made
pursuant to the federal relocation law and any Agency rules and
regulations adopted pursuant thereto. The Agency may make such
other payments as may be appropriate and for which funds are
available.
H. [§317]
1.
Demolition, Clearance, and Building and Site
Preparation
[§318] Demolition and Clearance
The Agency is authorized to demolish and clear build-ings,
structures, and other improvements from any real property
- 12 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
. RPA105.2
40C-9005
in the Project Area as necessary to carry out the purposes of
this Plan.
2. [§319] Preparation of Building Sites
The Agency is authorized to prepare, or cause to be
prepared, as building sites any real property in the Project Area
owned by the Agency. In connection therewith, the Agency may
cause, provide for, or undertake the installation or construction
of streets, utilities, parks, playgrounds, parking facilities, a
convention center, and other public improvements necessary to
carry out this Plan. The Agency is also authorized to construct
foundations, platforms, and other structural forms necessary for
the provision or utilization of air rights sites for buildings to
be used for residential, commercial, private, public, and other
uses provided in this Plan.
I • [§320]
1.
Property Disposition and Development
[§321]
a.
Real Property Disposition and
Development
[§322] General
For the purposes of this Plan, the Agency is authorized
to sell, lease, 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 section 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.
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.
All purchasers or lessees of property acquired from the
Agency shall be made obligated to use the property for the pur-poses
designated in this Plan, to begin and complete development
of the property within a period of time which the Agency fixes as
reasonable and to comply with other conditions which the Agency
deems necessary to carry out the purposes of this Plan.
b. [§323] Disposition and
Development Documents
To provide adequate safeguards to ensure that the pro-visions
of this Plan will be carried out and to prevent the
recurrence of blight, all real property sold, leased, or conveyed
by the Agency, as well as all property subject to participation
agreements, is subject to the provisions of this Plan.
- 13 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
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.
Leases, deeds, contracts, agreements, and declarations
of restrictions of the Agency may contain restrictions, cove-nants,
covenants running with the land, rights of reverter,
conditions subsequent, equitable servitudes, or any other pro-visions
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 the County.
All property in the Project Area is hereby subject to
the restriction that there shall be no discrimination or segre-gation
based upon race, color, creed, religion, sex, national
origin, or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of property in the Project Area.
All property sold, leased, conveyed, or subject to a participa-tion
agreement shall be expressly subject by appropriate docu-ments
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 non-segregation
clauses as required by law.
The land, andjor air rights and subterranean rights
acquired by the Boise Redevelopment Agency will be disposed of
subject to an agreement between the Agency and the Developers.
The Developers will be required by the contractual agreement to
observe the Land use and Building Requirements provision of this
Plan and to submit a Redevelopment Schedule satisfactory to the
Agency. Schedule revisions will be made only at the option of
the Boise Redevelopment Agency.
In addition, the following requirements and obligations
shall be included in the agreement:
agree:
That the Developers, their successors, and assigns
(1) That a plan and time schedule for the proposed
development shall be submitted to the Boise
Redevelopment Agency.
(2) That the purchase or lease of the land andjor
subterranean rights andjor 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 Boise Redevelopment
Agency and the Developer(s).
- 14 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
(4) That there will be no discrimination against
any person or group of persons because of age,
race, sex, creed, color, national origin or
ancestry, in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment
of the premises or any improvements erected or
to be erected thereon, therein conveyed; nor
will the Developer himself or any person
claiming under or through him establish or
permit any such practice or practices of
discrimination or segregation with reference
to the selection, location, number, use, or
occupancy of tenants, lessees, sublessees, or
vendees in the premises or any improvements
erected, or to be erected thereon, therein
conveyed. The above provision will be per-petual
and will be appended to the land dis-posed
of within the Urban Renewal Project Area
by the Boise Redevelopment Agency.
(5) That the site and construction plans will be
submitted to the Agency for review as to
conformity with the provisions and purposes of
this Urban Renewal Plan and for Design Review
purposes.
(6) That a bond or other surety will be provided
acceptable to the Agency to ensure performance
under the contract of the sale.
(7) That realistic consideration will be given to
businesses in the Project Area for lease or
purchase of appropriate facilities.
(8) That rehabilitation of any existing structure
must assure that the structure is safe and
sound in all physical respects and be refur-bished
and altered to bring· the property to an
upgraded marketable condition which will
continue throughout an estimated useful life
for a minimum of 20 years.
All such buildings or portions of buildings
which are to remain within the Project Area
shall be reconstructed in conformity with all
applicable codes and ordinances of the City of
Boise.
It is the requirement of the Plan to remodel
or improve facades and interior arrangements;
remove or replace equipment and materials in
order to achieve attractive and economically
competitive facilities appropriate to a
central business district.
- 15 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
c. [§324) Development by the Agency
To the extent now or hereafter permitted by law, the
Agency is authorized to pay for, develop, or construct any pub-licly
owned building, facility, structure, or other improvement,
either within or without the Project Area, for itself or for any
public body or entity, which buildings, facilities, structures,
or other improvements are or would be of benefit to the Project
Area. Specifically, the Agency may pay for, install, or
construct the buildings, facilities, structures and other
improvements identified in the Appendix, attached hereto and
incorporated herein by reference, and may acquire or pay for
the land required therefor.
The Agency may also prepare properties for development
by renovation or other means as allowed by law. The Agency may
also as allowed by law, assist in the development of private
projects.
In addition to the public improvements authorized under
Section 319 and the specific publicly owned improvements identi-fied
in the Appendix of this Plan, the Agency is authorized to
install and construct, or to cause to be installed and con-structed,
within or without the Project Area, for itself or for
any public body or entity, for the benefit of the Project Area,
public improvements and public utilities, including, but not
limited to, the following: (1) overpasses and underpasses;
(2) parks, plazas, and pedestrian paths; (3) playgrounds;
(4) parking facilities; (5) landscaped areas; (6) street im-provements;
and (7) convention center.
d. [§325] Development Plans
All development plans (whether public or private) shall
be submitted to the Agency for approval and architectural review.
All development in the Project Area must conform to City design
review standards, and those standards specified in Section 420,
infra.
2. [§326) Personal Property Disposition
For the purposes of this Plan, the Agency is authorized
to lease, sell, exchange, transfer, assign, pledge, encumber, or
otherwise dispose of personal property which is acquired by the
Agency.
J. [§327] Rehabilitation and Conservation
The Agency is authorized to rehabilitate, renovate, and
conserve, or to cause to be rehabilitated, renovated, and con-served,
any building or structure in the Project Area owned by
the Agency for preparation of redevelopment and disposition.
The Agency is also authorized and directed to advise, encourage,
- 16 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
and assist in the rehabilitation and conservation of property in
the Project Area not owned by the Agency. The Agency is also
authorized to acquire, restore, rehabilitate, move, and conserve
buildings of historic or architectural significance.
As necessary in carrying out this Plan, the Agency is
authorized to move, or to cause to be moved, any standard
structure or building or any structure or building which can be
rehabilitated to a location within or outside the Project Area.
K. [§328) Participation With Private Development
Under the Idaho Urban Renewal Law, the Agency has the author-ity
to lend or invest funds obtained from the federal government
for the purposes of this act if allowable under federal laws or
regulations. The federal funds currently available to the Agency
are governed by regulations promulgated by the Department of
Housing and Urban Development for the Community Development Black
Grant Program.
Under those regulations, the Agency may participate with the
private sector in the development and financing of those private
projects which will attain certain federal objectives. The
Agency may therefore assist in the financing and construction of
certain projects, which in the Agency's discretion meet those
federal objectives.
L. [§329) Fine Arts and Performing Arts Fund
The Agency may require as part of any disposition and
development agreement that the Developer provide an amount equi-valent
to one-half of one percent (0.5%) of the original esti-mated
amount of construction costs for improvements or buildings
to be constructed on property purchased from the Agency for the
purpose of providing works of art. Provided, however, that the
sum of money so calculated need not exceed One Hundred Seventy-five
Thousand Dollars ($175,000) from any one single Developer.
This fine arts contribution formula is based on the costs of a
Developer's entire project.
In addition, the Agency may require as part of any
disposition and development agreement that the Developer provide
an amount equivalent to one-half of one percent (0.5%) of the
original estimated amount of construction costs for improvements
or buildings to be constructed on property purchased from the
Agency for the purpose of providing a fund for performing arts
and entertainment. Provided, however, that the sum of money so
calculated need not exceed One Hundred Seventy-five Thousand
Dollars ($175,000) from any one single Developer. This fine arts
contribution formula is based on the costs of a Developer's
entire project.
- 17 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
In the event the Agency does not require, as part of
the disposition and development agreement, the contributions
described above, the Agency shall dedicate one-half of one
percent (0.5%) of the construction costs of the project (as
defined above) for performing arts. Expenditures for works of
art shall be selected and provided by the Agency, separately from
any construction costs of the Developer. The Agency Board of
Directors shall make selections of the works of art, with the
advice and assistance of the Boise City Arts Commission. Works
selected may be an integral part of the structure, attached to
the structure, detached within or outside of the structure, or
may be exhibited by the Agency in other public areas of the
project.
The Agency may establish an endowment fund for perform-ing
arts. Expenditures from this fund shall be the decision of
the Agency with the advice and assistance of any business associ-ations,
community organizations, or like entity.
IV.
A.
[§400)
[§401)
USES PERMITTED IN THE PROJECT AREA
Redevelopment Plan and Development Strategy
The Redevelopment Plan Map and Description attached
hereto as Attachments Nos. 1 and 2 and incorporated by reference,
describe the location of the Project Area boundaries. The
proposed land uses to be permitted in the Project for all land--
public, semi-public, and private are described in the Appendix
documents.
B. [§402)
1.
Designated Land Uses
[§403) Commercial Uses
The areas shown in the Appendix documents for commercial
uses shall be used for the general commercial uses set forth and
described in the City's Zoning Ordinance, Section 11-2-11.
c. [§404)
1.
Other Land Uses
(§405] Public Rights-of-Way
The major public streets within the Project Area include
Capitol Boulevard, Sixth Street, Eighth Street, Ninth Street,
Tenth Street, Jefferson Street, Bannock Street, Idaho Street,
Main Street, Grove Street, Grove Street (realigned), and Front
Street.
Additional public streets, alleys, and easements may be
created in the Project Area as needed for proper development.
Existing streets, alleys, and easements may be abandoned, closed,
or modified as necessary for proper development of the Project.
- 18 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
Any changes in the existing interior or exterior street
layout shall be in accordance with the Comprehensive Plan, the
objectives of this Plan, and the City's design standards; shall
be effectuated in the manner prescribed by state and local law,
and shall be guided by the following criteria:
a. A balancing of the needs of proposed and
potential new developments for adequate
pedestrian and vehicular access, vehicu-lar
parking, and delivery loading docks
with the similar needs of any existing
developments permitted to remain. Such
balancing shall take into consideration
the rights of existing owners and tenants
under the rules for owner and tenant
participation adopted by the Agency for
the Project and any participation agree-ments
executed thereunder;
b. The requirements imposed by such factors
as topography, traffic safety, and
aesthetics; and
c. The potential need to serve not only the
Project Area and new or existing devel-opments,
but to also serve areas outside
the Project by providing convenient and
efficient vehicular access and movement.
The public rights-of-way may be used for vehicular
and/or pedestrian traffic, as well as for public improvements,
public and private utilities, and activities typically found in
public rights-of-way.
2. [§406] Other Public, Semi-Public,
Institutional, and Nonprofit Uses
The Agency is also authorized to permit the maintenance,
establishment, or enlargement of public, semi-public, insti-tutional,
or nonprofit uses, including park and recreational
facilities, a convention center, libraries, educational,
fraternal, employee, philanthropic, religious and charitable
institutions, utilities, governmental facilities, including a
courthouse, and facilities of other similar associations or
organizations. All such uses shall, to the extent possible,
conform to the provisions of this Plan applicable to the uses in
the specific area involved. The Agency may impose such other
reasonable requirements and/or restrictions as may be necessary
to protect the development and use of the Project Area.
- 19 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
3. [§407] Interim Uses
Pending the ultimate development of land by developers
and participants, the Agency is authorized to use or permit the
use of any land in the Project Area for interim uses that are not
in conformity with the uses permitted in this Plan.
4 . [§408) Nonconforming Uses
·The Agency may permit an existing use to remain in an
existing building in good condition which use does not conform to
the provisions of this Plan, provided that such use is generally
compatible with existing and proposed developments and uses in
the Project Area. The owner of such a property must be willing
to enter into a participation agreement and agree to the impo-sition
of such reasonable restrictions as may be necessary to
protect the development and use of the Project Area.
The Agency may authorize additions, alterations,
repairs, or other improvements in the Project Area for uses which
do not conform to the provisions of this Plan where such improve-ments
are within a portion of the Project where, in the deter-mination
of the Agency, such improvements would be compatible
with surrounding Project uses and development.
D. [§409) General Controls and Limitations
All real property in the Project Area is made subject to the
controls and requirements of this Plan. No real property shall
be developed, rehabilitated, or otherwise changed after the date
of the adoption of this Plan, except in conformance with the
provisions of this Plan, with the exception of those properties
which have been redeveloped under previous plans as listed in
section 307, supra.
1. [§410] Construction
All construction in the Project Area shall comply with
all applicable state and local laws and codes in effect from time
to time. In addition to applicable codes, ordinances, or other
requirements governing development in the Project Area, addi-tional
specific performance and development standards may be
adopted by the Agency to control and direct redevelopment
activities in the Project Area.
2. [§411) Rehabilitation and Retention of
Propert1es
Any existing structure within the Project Area approved
by the Agency for retention and rehabilitation shall be repaired,
altered, reconstructed, or rehabilitated in such a manner that it
will be safe and sound in all physical respects and be attractive
in appearance and not detrimental to the surrounding uses.
- 20 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
3 . [§412) Limitation on Type, Size, and Height
of Buildings
Except as set forth in other sections of this Plan,
the type, size, and height of buildings shall be as limited by
applicable federal, state, and local statutes, ordinances, and
regulations, except that the maximum building height shall be
twenty (20) stories, and that every building is permitted a
maximum floor area ratio of twelve times the area of the parcel.
4. [§413) open Spaces, Landscaping, Light,
A1r, and Privacy
The approximate amount of open space to be provided in
the Project Area is the total of all areas which will be in the
public rights-of-way, the public ground, the space around build-ings
and all other outdoor areas not permitted to be covered by
buildings. Landscaping shall be developed in the Project Area to
ensure optimum use of living plant material.
Sufficient space shall be maintained between buildings
in all areas to provide adequate light, air, and privacy.
5. [§414] Signs
All signs shall conform to City sign ordinances as they
now exist or are hereafter amended. Design of all proposed new
signs shall be submitted to the Agency and;or City prior to
installation for review and approval pursuant to the procedures
of this Plan.
6. [§415] Utilities
The Agency shall require that all utilities be placed
underground whenever physically and economically feasible.
7. [§416] Incompatible Uses
No use or structure which by reason of appearance,
traffic, smoke, glare, noise, odor, or similar factors which
would be incompatible with the surrounding areas or structures
shall be permitted in any part of the Project Area.
8. [§417] Nondiscrimination and Nonsegregation
There shall be no discrimination or segregation based
upon race, color, creed, religion, sex, marital status, national
origin, or ancestry permitted in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of property in the
Project Area.
- 21 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
9. [§418} Subdivision of Parcels
No parcel in the Project Area shall be subdivided
without the approval of the Agency.
10. [§419] Minor Variations
Under exceptional circumstances, the Agency is
authorized to permit a variation from the limits, restrictions
and controls established by this Plan. In order to permit such
variation, the Agency must determine that:
a. The application of certain provisions of
this Plan would result in practical
difficulties or unnecessary hardships
inconsistent with the general purpose and
intent of this Plan;
b. There are exceptional circumstances or
conditions applicable to the property or
to the intended development of the
property which do not apply generally to
other properties having the same stan-dards,
restrictions, and controls;
c. Permitting a variation will not be mate-rially
detrimental to the public welfare
or injurious to property or improvements
in the area; and
d. Permitting a variation w~ll not be
contrary to the objectives of this Plan
or of the Comprehensive Plan of the City.
No variation shall be granted which changes a basic land
use or which permits other than a minor departure from the pro-visions
of this Plan. In permitting any such variation, the
Agency shall impose such conditions as are necessary to protect
the public peace, health, safety, or welfare and to assure com-pliance
with the purposes of this Plan. Any variation permitted
by the Agency hereunder shall not supersede any other approval
required under City codes and ordinances.
E. [§420] Design for Development
Within the limits, restrictions, and controls established in
this Plan, the Agency is authorized to establish heights of
buildings, land coverage, setback requirements, design criteria,
traffic circulation, traffic access, and other development and
design controls necessary for proper development of both private
and public areas within the Project Area.
- 22 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
&PA105.2
40C-9005
The Agency has adopted a set of development and design
controls, as set forth in Documents 1, 4, and 5 of the Appendix.
These design controls shall govern all improvements within the
Area. The Agency shall be guided by those design controls as
well as the Design Standards promulgated by the City of Boise
Design Review Ordinance (Boise City Code section 11-2-17) in
approving all design plans. However, variations to those design
controls may be allowed pursuant to section 419.
No new improvement shall be constructed, and no existing
improvement shall be substantially modified, altered, repaired,
or rehabilitated except in accordance with this Plan and any such
controls and, in the case of property which is the subject of a
disposition and development or participation agreement with the
Agency and any other property, in the discretion of the Agency,
in accordance with architectural, landscape, and site plans sub-mitted
to and approved in writing by the Agency. One of the
objectives of this Plan is to create an attractive and pleasant
environment in the Project Area. Therefore, such plans shall
give consideration to good design, open space, and other
amenities to enhance the aesthetic quality of the Project Area.
The Agency shall not approve any plans that do not comply with
this Plan.
F. [§421] Off-Street Loading
Any development and improvements shall provide for off-street
loading as required by the City ordinances as they now exist or
are hereafter amended.
G. [§422] Off-Street Parking
All new construction in the area shall provide off-street
parking in not less than the following ratios:
Retail: 3.5 spaces per 1,000 square feet of gross
leasable floor area;
Offices: 1.5 spaces per 1,000 square feet of gross
leasable floor area; and
Motel/Hotel: 1.0 space per guest room.
"Gross leasable floor area" shall include all floor space avail-able
for use by an occupant, whether or not actually occupied,
including basement space and subterranean areas and balcony and
mezzanine areas, but excluding public common areas, parking
areas, truck loading docks, and other areas normally excluded
from the definition of "floor area" under Reciprocal Easement
Agreements for Regional Shopping Centers.
These parking requirements may be modified or waived subject
to the requirements of Section 419 hereof.
- 23 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
4oc-9005
1. Parking shall not be permitted between the curb
lines and the building lines in the Project Area.
2. All off-street parking facilities shall be provided
with clear and adequate access to a public street or alley. Such
access will not be less than twelve (12) feet in width at the
property line. Sufficient distance shall be provided between the
parking facility entrance and the nearest intersection to allow
for orderly and safe ingress and egress. The parking structures
shall be· so designed to provide adequate reservoir space to take
care of intermittent spurts in arrival rates.
3. Required net parking space width shall conform to
the standards of the City of Boise. Parking space depth and
aisle width shall be adequate, as determined by the Agency, to
provide safe and efficient parking and circulation within a
parking facility.
4. In the detailed design of off-street parking
facilities, consideration shall be given to contemplated modifi-cations
of public rights-of-way as described in this Plan.
v.
A.
[§500)
[§501]
METHODS OF FINANCING THE PROJECT
General Description of the Proposed
Financing Method
The Agency is authorized to finance this Project with
financial assistance from the City, State of Idaho, federal
government, interest income, Agency bonds, donations, loans from
private financial institutions, the lease or sale of Agency-owned
property, or any other available source, public or private.
The Agency is also authorized to obtain advances, borrow
funds, and create indebtedness in carrying out this Plan. The
principal and interest on such advances, funds, and indebtedness
may be paid from any other funds available to the Agency. The
City, as it is able, may also supply additional assistance
through City loans and grants for various public facilities.
The City or any other public agency may expend money to
assist the Agency in carrying out this Project.
B. [§502] Revenue Bond Funds
The Agency is authorized to issue bonds from time to time, if
it deems appropriate to do so, in order to finance all or any
part of the Project. Neither the members of the Agency nor any
persons executing the bonds are liable personally on the bonds by
reason of their issuance.
- 24 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
c. [§503) other Loans and Grants
Any other loans, grants, guarantees, or financial assistance
from the United States, the State of Idaho, or any other public
or private source will be utilized if available.
D. [§504) Revenue Allocation Financing Provisions
The Agency hereby adopts revenue allocation financing
provisions as authorized by Chapter 20, Title SO, Idaho Code
(the "Act"), effective retroactively to January 1, 1987. These
revenue allocation provisions shall apply to the Revenue Alloca-tion
Area described on Attachment No. 3 to this Plan. The Agency
shall take all actions necessary or convenient to implement these
revenue allocation financing provisions.
The Agency, acting by one or more resolutions adopted by its
Board of Directors, is hereby authorized to apply all or any
portion of the revenues allocated to the Agency pursuant to the
Act to pay, or to pledge all or any portion of such revenues to
the repayment of any moneys borrowed, indebtedness incurred, or
bonds issued by the Agency to finance or to refinance the Project
Costs (as defined in Idaho Code section 50-2018(bb)) of one or
more urban renewal project.
Upon enactment of an ordinance by the governing body of the
City of Boise, Idaho, finally adopting these revenue allocation
financing provisions and defining the Revenue Allocation Area
described herein as part of the Plan, there shall hereby be
created a special fund of the Agency into which the County
Treasurer shall deposit allocated revenues as provided in Idaho
Code section 50-2025. The Agency shall use such funds solely in
accordance with Idaho Code section 50-2026 and solely for the
purpose of providing funds to pay the Project Costs, including
any incidental costs, of such urban renewal projects as the
Agency may determine by resolution or resolutions of its Board of
Directors.
A general statement of objectives, costs, tax impact, and
other information required by Idaho Code section 50-2023 is
included in Attachment No. 5 to this Plan. This statement
necessarily incorporates estimates and projections based on the
Agency's present knowledge and expectations. The Agency is
hereby authorized to modify the presently anticipated urban
renewal projects and use of revenue allocation financing of the
related Project Costs if the Board of Directors of the Agency
deems such modification necessary or convenient to effectuate the
general objects of the Plan. The resolution authorizing any
specific project to be funded by revenue allocation financing,
however, shall include a statement meeting the requirements of
Idaho Code section 50-2023; and such statement shall be furnished
to the taxing districts in which the Revenue Allocation Area is
located at least five (5) days prior to the Agency meeting at
which the resolution is to be adopted.
- 25 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
VI. [§600] ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying
out this Plan and shall take all actions necessary to ensure the
continued fulfillment of the purposes of this Plan and to prevent
the recurrence or spread in the area of conditions causing
blight. Actions by the City shall include, but not be limited
to, the following:
A. Institution and completion of proceedings necessary for
changes and improvements in private and publicly-owned
public utilities within or affecting the Project Area.
B. Revision of zoning (if necessary) within the Project
Area to permit the land uses and development authorized
by this Plan.
c. Imposition wherever necessary (by conditional use
permits or other means) of appropriate controls within
the limits of this Plan upon parcels in the Project Area
to ensure their proper development and use.
D. Provision for administrative enforcement of this Plan by
the City after development. The City and the Agency
shall develop and provide for enforcement of a program
for continued maintenance by owners of all real
property, both public and private, within the Project
Area throughout the duration of this Plan.
E. Preservation of historical sites.
F. Performance of the above actions and of all other
functions and services relating to public peace, health,
safety, and physical development normally rendered in
accordance with a schedule which will permit the
redevelopment of the Project Area to be commenced and
carried to completion without unnecessary delays.
G. Institution and completion of proceedings necessary for
the establishment of a local improvement district or
business improvement district, under Chapters 17 and 26,
Title 50, Idaho Code.
H. The undertaking and completing of any other proceedings
necessary to carry out the Project.
The foregoing actions to be taken by the City do not involve
or constitute any commitment for financial outlays by the City.
VII. [§700] ENFORCEMENT
The administration and enforcement of this Plan, including
the preparation and execution of any documents implementing this
Plan, shall be performed by the Agency and/or the City.
- 26 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2 40c-9005
The provisions of this Plan or other documents entered into
pursuant to this Plan may also be enforced by court litigation
instituted by either the Agency or the City. Such remedies may
include, but are not limited to, specific performance, damages,
reentry, injunctions, or any other remedies appropriate to the
purposes of this Plan. In addition, any recorded provisions
which are expressly for the benefit of owners of property in the
Project Area may be enforced by such owners .
VIII. . [§800] DURATION OF THIS PLAN
Except for the nondiscrimination and nonsegregation pro-visions
which shall run in perpetuity, the provisions of this
Plan shall be effective, and the provisions of other documents
formulated pursuant to this Plan may be made effective, for
twenty (20) years from the date of adoption of this Plan by the
City Council.
IX. [§900] PROCEDURE FOR AMENDMENT
The Urban Renewal Plan may be further modified at any time by
the Boise Redevelopment Agency provided that, if modified after
disposition of real property in the Project Area, the modifica-tions
must be consented to by the Developer or Developers or his
successor or successors of such real property whose interest is
substantially affected by the proposed modification. Where the
proposed modification will substantially change the Plan, the
modifications must be approved by the City Council in the same
manner as the original Plan. Substantial changes for City
Council approval purposes shall be regarded as revisions in
project boundaries, land uses permitted, land acquisition, and
other changes which will violate the objectives of this Plan.
- 27 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
ATTACHMENT NO. 1
DESCRIPTION OF THE PROJECT AREA BOUNDARIES
The Project Area is a 15-block area consisting of approxi-mately
50 acres enclosed within the following boundaries:
Beginning at the intersection of the north
right-of-way line of Jefferson Street and the
west right-of-way line of lOth Street;
Thence southerly along the west right-of-way
line of lOth Street to the south right-of-way
line of Front Street;
Thence easterly along the south right-of-way
line of Front Street to the west right-of-way
line of Capitol Boulevard;
Thence north along the east right-of-way line
of Capitol Boulevard to the south right-of-way
line of Main Street;
Thence east along the south right-of-way line
of Main Street to the east right-of-way line
of Sixth Street;
Thence north along the east right-of-way line
of Sixth Street to the north right-of-way line
of Idaho Street;
Thence west along the north right-of-way line
of Idaho Street to the east right-of-way line
of Capitol Boulevard;
Thence northerly along the east right-of-way
line of Capitol Boulevard to the north right-of-
way line of Bannock Street;
Thence westerly along the north right-of-way
line of Bannock Street to the east right-of-way
line of 8th Street;
Thence northerly along the east right-of-way
line of 8th Street to the north right-of-way
line of Jefferson Street;
Thence westerly along the north right-of-way
line of Jefferson Street to the west right-of-
way line of 10th Street, the place of
beginning.
- 28 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RPA105.2
40C-9005
ATTACHMENT NO. 2
PROJECT AREA MAP
[To Be Inserted]
- 29 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
RI'Al05.2
40C-9005
ATTACHMENT NO. 3
DESCRIPTION OF PROPERTIES
WITHIN THE REVENUE ALLOCATION AREA
[To Be Inserted]
- 30 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
R:PA105.2 ·4oc-9oos
ATTACHMENT NO. 4
REVENUE ALLOCATION AREA MAP
[To Be Inserted]
- 31 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
DRAFT (4) 5/8/87 cj
P.-PA105.2
40C-9005
ATTACHMENT NO. 5
STATEMENT OF OBJECTIVES, COSTS, AND TAX IMPACT
- 32 -
Reproduced from the Boise State University Library, Special Collections. MSS 250
.. . ..
BY TliJ:: COUNClL:
IT))\Eil~l£~ w [E un UJJ
JUL 1 tl '1984 RESOLUTION NO. 7qqs
r;o:se City
COLES, MCADAMS,
TATE, TRAIL AND
SELANDER,
TWILEGAR
A RESOLUTIOll
co.·runu.li'i.y Developmt:!nt
DESIGNATING A CERTAIN DESCRIBED
AS A DOWNTOWN IMPROVEMENT
AN EFFECTIVE DATE.
AREA OF BOISE CITY
AREA; AND PROVIDING
WHEREAS, on September 19, 1983 the Council and Mayor of
Boise City respectively adopted and approved Ordinance No. 4746
creating the Department of Community Planning and Development and
authorizing it to prepare and formulate programs in compliance
with Public Law 93-303 to include activities designed to
eliminate or prevent slums, blight, and deterioration together
with the estimated costs and general location of such activities;
and
WHEREAS, it is desireable and in the interest of public
health, safety and welfare of the residents of Bo~se City to
implement such programs, funded through Public Law 93-383, within
a designated area located in the City of Boise, County of Ada,
State of Idaho;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF BOISE CITY, IDAHO:
Section 1. That the hereinafter described area existing
in Boise City is deteriorated by virtue of the following
blighting influences:
EXHIBIT A R-194-84
Reproduced from the Boise State University Library, Special Collections. MSS 250
Resolution Downtown Improvement Area
Page 2
a. deteriorated, and hazardous conditions in
the public right-of-way including, but not limited to
street'paving, curbs, gutters, sidewalks, and sidew&lk
furniture;
b. deteriorated, undersized, or obsolete
public utility and service infrastructure including, but
not limited to, sanitary sewer, storm sewer, domestic
water, geothermal space heating, electrical power, and
natural gas;
c. a substantial number of deteriorating
buildings; and
d. vacant, undeveloped or underdeveloped
property.
Section 2.· That the hereinafter described is
hereby designated a Downtown Improvement Area:
Beginning at the intersection of the easterly
right-of-way line of North Fifth Street and the
northerly right-of-way line of West Jefferson Street;
thence westerly along the northerly right-of-way line of
West Jefferson Street 1,140 feet more or less to the
easterly right-of-way line of North Eighth Street;
thence northerly along the easterly right-of-way line of
North Eighth Street 340 feet more or less to the
northerly right-of-way line of West State Street; thence
westerly along the northerly right-of-way line of West
State Street 3,500 feet more or less to the westerly
right-of-way line of North Seventeenth Street; thence
southerly along the westerly right-of-way line of North
Seventeenth Street and South Seventeenth Street 1,880
feet more or less to the westerly right-of-way line of
West Grove Street; thence southerly along the westerly
right-of-way line of West Grove Street 175 feet more or
less to the northerly right-of-way line of South
Seventeenth Street; thence westerly along the northerly
right-of-way line of South Seventeenth Street 370 feet
more or less to the Southerly right-of-way line of West
Front Street; thence easterly along the southerly
right-of-way line of West Front Street 370 feet more or
less to the northerly right-of-way line of Americana
Reproduced from the Boise State University Library, Special Collections. MSS 250
-·
·.
Resolution Downtown Improvement Area
Page 3
this
this
Boulevard; thence westerly along the northerly
right-of-way line of Americana Boulevard 2,060 feet more
or less to the North high water line of the Boise River;
thence easterly along the meandering North high water
line of the Boise River 4,465 feet more or less to the
easterly right-of-way line of Capitol Boulevard; thence
northerly along the easterly right-of-way line of
Capitol Boulevard 920 feet more or less to the southerly
right-of-way line of Fulton Street; thence easterly
along the southerly right-of-way line of Fulton Street
and the northerly property line of Julia Davis Park 930
feet more or less to the easterly right-of-way line of
South Fifth Street; thence northerly along the easterly
right-of-way of South Fifth Street and North Fifth
Street 2,895 feet more or less to the northerly
right-of-way line of West Jefferson Street said point
being the real point of beginning.
P~D by·the Council of the
/? Yday of s.li.-t t; City of Boise City, Idaho,
• 1984.
J\~OVED by the
~DAY OF
Nayor of the
-------~._LJZ--'-'A.u...-;....0""'"". 4r--, 1 9 8 4 •
City of Boise City, Idaho,
APPRO-VED i
ATTEST;
Reproduced from the Boise State University Library, Special Collections. MSS 250
-
Reproduced from the Boise State University Library, Special Collections. MSS 250