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2021-11-16 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 16, 2021 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Fowler Orthodontics Water Main Easement 2. The Landing Subdivision No.13 Pedestrian Pathway Easement 3. Interagency Agreement Between the City of Meridian and Ada County Highway District (ACHD) for Roadway Construction/Water and Sewer Improvements for Ten Mile Rd. and Victory Rd. to Overland Rd., ACHD Project No. 519041 4. Interagency Agreement Between the City of Meridian and Ada County Highway District (ACHD) for Roadway Construction/Water and Sewer Improvements for Ten Mile Rd. and Victory Rd. Roundabout, ACHD Project No. 319038 5. License Agreement For Meridian Police Department Canine Training at Ada County Weed, Pest and Mosquito Abatement 6. Approve Agreement and Purchase Order 22-0128 to Safebuilt, LLC for Fiscal Year 2022 Plan Review Services in the Not-to-Exceed Amount of $998,950.00 and Authorize Procurement Manager to Sign 7. Task Order 11084.a to Mountain Waterworks for Well 26 Water Treatment Design for the Not-to-Exceed Amount of $310,801.00 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics PROCLAMATIONS \[Action Item\] 8. National Apprenticeship Week DEPARTMENT / COMMISSION REPORTS \[Action Item\] 9. Public Works: Fiscal Year 2022 Budget Amendment in the Amount of $873,975.00 for Well 18 Water Treatment Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 10. Construction Contract Between the City of Meridian and Lacy Mechanical, Inc. for Public Works Construction of Well 18 Water Treatment Facility Project for the Not-To-Exceed Amount of $1,883,430.00 and Authorize Procurement Manager to Sign Contract and Associated Purchase Order Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 11. Parks and Recreation Department: Discussion of Discovery Park Phase 2 Bid Results and Approval of AIA A133 Guaranteed Maximum Price Amendment to Kreizenbeck Constructors for the Not-To-Exceed Amount of $12,591,602.00 Motion to approve made by Councilman Borton, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener Approved ACTION ITEMS 12. Public Hearing for Red Aspen (H-2021-0066) by KM Engineering, LLP, Located at the southeast corner of S. Linder Rd. and W. Overland Rd. Approved A. Request: Annexation and Zoning of 2.99 acres of land with a request for the C-G zoning district for the purpose of constructing an approximate 30,000- square-foot flex space building on 2.19 acres of land. Motion to approve made by Councilwoman Strader, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 13. Public Hearing for Centerville Subdivision (H-2021-0046) by Engineering Solutions, LLP, Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the southeast corner of S. Hillsdale and E. Amity Continued to January 4, 2022 A. Request: Annexation and Zoning of 40.49 acres of land from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts. B. Request: A Preliminary Plat consisting of 249 total lots (124 single-family residential lots, 79 townhome lots, 4 multifamily lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. Motion to continue to January 4, 2022 made by Councilman Bernt, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener ORDINANCES \[Action Item\] 14. First Reading of Ordinance No. 21-1954: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Second Reading and Public Hearing continued to November 30, 2021 15. First Reading of Ordinance No. 21-1955: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the (Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Vacated 16. First Reading of Ordinance No. 21-1956: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project, Which First Amendment Seeks to Annex Certain Parcels to the Existing Union District Project Area; Which First Amendment Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date: Second Reading and Public Hearing continued to November 30, 2021 FUTURE MEETING TOPICS EXECUTIVE SESSION per Idaho Code 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener In to Executive Session: 10:50 pm Out of Executive Session: 11:07 pm ADJOURNMENT 11:08 pm Item#1. Meridian City Council November 16, 2021. A Meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, November 16, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Joe Dodson, Kyle Radek, Brian Caldwell, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is Tuesday, November 16th, 2021 , at 6:10 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next item on the agenda is the community invocation, which tonight will be delivered by Ben Blakey of Compass Bible Church. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Blakey: Heavenly Father, we come before you and ask your blessing on this meeting tonight. We thank you so much for your blessing on our community. We thank you for your faithfulness day by day, season by season, year by year, to us. We lift up the Mayor and these Council Members and ask that you would fill them with wisdom and insight to always do what is best and right. We lift up our community. God your word calls us to put away anger, clamor, wrath and bitterness and to be tender hearted to one another, to be kind, forgiving one another. And, God, we just pray that those things would be the things that characterize our community, God, and we ask that those things would characterize this meeting tonight as well. We lift it all up to you in Jesus's name, amen. ADOPTION OF AGENDA Page 5 Meridian City Council Item#1. November 16,2021 Page 2 of 81 Simison: Thank you. Next item up is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: This is going to be a long one, so bear with me and I have good people around me that if I muck it up, which I for sure will, someone is going to say you did it wrong, Treg. You need to do it this way. So, here we go. Next week's 6:00 o'clock meeting is going to be, unfortunately, cancelled, because of a lack of a quorum and because of next week's meeting -- cancellation of next week's meeting this adoption of the agenda is going to be somewhat lengthier than normal. To start off, Mr. Mayor, I move that we change the agenda to reflect the following. MDC will withdraw recommendation for Option B, which is Item 15, so we are going to strike that from the agenda tonight. And going forward we are going to continue Items 14 and 16 that were originally scheduled for the 23rd to the 30th to a special meeting and -- Mr. Nary, did I do a good job? It's -- it's a miracle. With that and those changes, Mr. Mayor, I move that we adopt the agenda as amended. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as amended. Is there any discussion or questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Making sure we have got a quorum check for the 30th. I know I'm out of state that particular day. Simison: I believe that they quorum checked everyone else while they were here and they were satisfied to that. Cavener: Okay. Simison: Any other questions or comments? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is opted as amended with the other items as well. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Fowler Orthodontics Water Main Easement 2. The Landing Subdivision No. 13 Pedestrian Pathway Easement Page 6 Meridian City Council Item#1. November 16,2021 Page 3 of 81 3. Interagency Agreement Between the City of Meridian and Ada County Highway District (ACHD) for Roadway Construction/Water and Sewer Improvements for Ten Mile Rd. and Victory Rd. to Overland Rd., ACHD Project No. 519041 4. Interagency Agreement Between the City of Meridian and Ada County Highway District (ACHD) for Roadway Construction/Water and Sewer Improvements for Ten Mile Rd. and Victory Rd. Roundabout, ACHD Project No. 319038 5. License Agreement For Meridian Police Department Canine Training at Ada County Weed, Pest and Mosquito Abatement 6. Approve Agreement and Purchase Order 22-0128 to Safebuilt, LLC for Fiscal Year 2022 Plan Review Services in the Not-to-Exceed Amount of $998,950.00 and Authorize Procurement Manager to Sign 7. Task Order 11084.a to Mountain Waterworks for Well 26 Water Treatment Design for the Not-to-Exceed Amount of $310,801.00 Simison: Next item up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda, for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA Simison: There were no items removed from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, Mr. Clerk, do we have anyone signed up under the public forum? Johnson: Mr. Mayor, the only sign up was actually for a later project. Page 7 Meridian City Council Item#1. November 16,2021 Page 4 of 81 PROCLAMATIONS [Action Item] 8. National Apprenticeship Week Simison: Okay. Then we will bypass that and, then, we will go ahead and move on to Item 8, which is a proclamation for National Apprenticeship Week. If I could if -- they are here -- if Maureen and Jeffrey could join me at the podium for the reading of the proclamation that would be great. Council and the public, we are here tonight to read a proclamation for National Apprenticeship Week. So, I'm -- I know two of the three people that are up here. I don't necessarily know the third, but we have Maureen O'Toole, the vice-president for Youth Appreciation -- Youth Apprenticeship Program at the Idaho Business for Education and Jeffrey Bacon, the federal project manager of the Workforce Development Council, and who else is joining us? Okay. I know Gina Robison from the Idaho Department of Labor is also here with us. So, we are going to read a proclamation and, then, ask you all just to make a few remarks about the importance of this week and -- and we also do have the chair of the West Ada board here, so apprenticeship can always be important for them as well, so -- so, whereas National Apprenticeship Week is celebrating its seventh anniversary of raising awareness of the vital role registered apprenticeships provide in creating opportunities by allowing apprentices to earn while they learn and preparing a pathway to well paying careers in Meridian and across the nation and whereas registered apprenticeship programs enable employers to develop and train their future workforce while offering career seekers affordable paths to secure high paying jobs and whereas Meridian recognizes the role of registered apprenticeship in expanding opportunities in our workforce are all qualified individuals who wish to contribute to America's industries and whereas registered apprenticeship provides a one stop shop to engage and connect labor, business, and education partners with apprenticeships and industry specific resources and whereas as a proven and industry driven training model registered apprenticeship provides a critical talent pipeline that can train and build up our workforce to address the needs of our country. Therefore, I, Mayor Robert E. Simpson, hereby proclaim November 15th through 21st, 2021, as National Apprenticeship Week in the City of Meridian and urge the residents of our community and communities across the country to recognize the value of and support apprenticeships during this week and throughout the year. Dated the 16th of day of November 2021. So, thank you for being here and allowing us to do this. I think that at this point in time with where we are as a country and our needs in the labor market it is probably more appropriate than any other point in time in our nation's history. So, thank you for being here and I will allow you to say a few words. O'Toole: Thank you, Mr. Mayor. Thank you, Councilmen. So, we are part of a group effort across the state of Idaho to connect men and women to good paying jobs and careers right here in Idaho. Let's stick to exporting potatoes and keep talent right here in the state. So, we are working across the state to create apprenticeships across occupations and industries. So, this is my partner from the Department of Labor. This is my partner from the workforce development. And we gave a presentation today. We are talking to veterans about this opportunity. We are talking to youth. You just have to be 16 to be an apprentice. So, over the last year we placed 200 more apprentices in local Page 8 Meridian City Council Item#1. November 16,2021 Page 5 of 81 jobs this year than the year before, because employers are starting to figure out that if you want to get talent you got to keep what you have, so -- Robison: And that's 16 to any age you can be an apprentice and you can use it to reinvent your career and start something new. DEPARTMENT / COMMISSION REPORTS [Action Item] 9. Public Works: Fiscal Year 2022 Budget Amendment in the Amount of $873,975.00 for Well 18 Water Treatment Simison: All right. Next item on the agenda is the Department/Commission Reports and I will -- first up is Public Works Fiscal Year 2020 Budget Amendment in the amount of 873,975 dollars for Well 18. Kyle, you are going to do this? Okay. Radek: Yes, Mr. Mayor, Council Members. This is a budget amendment for Well 18 treatment facility. As you all are aware, our treatment facilities are intended to remove problematic constituents from the water, iron, magnesium, and ammonia generally and that's what this one is intended to do. We originally budgeted for this -- this construction contract a year and a half ago and we did not anticipate the drastic change in costs. This is very similar to Well 17 budget amendment where we -- we had to get an extra 500,000 dollars to complete that. The treatment facility projects largely have not changed. They have the same components in them. Haven't gold plated anything. They are intended to function safely and for a long time and efficiently to benefit the -- the residents of the city and this was bid out in August. We got one bidder. It was 2.1 million dollars and since we only got one bidder we decided the best thing to do was to -- well, we actually contacted some of the contractors we expected to bid on it and there were a lot of other projects that they were interested in that were bigger than ours and so we wanted to get more competition on the bid and we bid it out again. We had five bidders. The low bidder was the same bidder, but their price came down almost 250,000 dollars. So, we believe we have done the -- the appropriate steps to try to -- try to get a good bid on it and move forward on the project. The project is in its third year. The -- the iron and manganese removal equipment has been procured and it will be delivered and with this budget amendment we will be able to start on the construction and that filter tank and equipment will have a place to live. So, with that I will stand for any questions. We are asking for approval of the Well 18 Water Treatment Budget Amendment for 873,975 dollars and authorizing the Mayor to sign. Simison: Thank you, Kyle. Council, any questions for Kyle? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would move approval of a fiscal year 2022 budget amendment for Public Works in the amount of 873,975 dollars for Well 18 water treatment. Page 9 Meridian City Council Item#1. November 16,2021 Page 6 of 81 Bernt: Mr. Mayor, was at 873? Hoaglun: Eight hundred seventy-three thousand nine hundred seventy-five. Simison: Do I have a second? Borton: Second. Simison: I have a motion and a second to approve the budget amendment in the amount of 873,975 dollars. Is there any discussion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Kyle, I appreciate the efforts -- little extra efforts to go out rebid, ensure that the pricing is appropriate. We know it's difficult, but those extra efforts save taxpayer money and you did a good job. So, thanks for that. Simison: Any other questions or comments? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the amendment is agreed to. MOTION CARRIED: ALLAYES. 10. Construction Contract Between the City of Meridian and Lacy Mechanical, Inc. for Public Works Construction of Well 18 Water Treatment Facility Project for the Not-To-Exceed Amount of $1,883,430.00 and Authorize Procurement Manager to Sign Contract and Associated Purchase Order Simison: Next item up is Item 10, a construction contract between the City of Meridian and Lacy Mechanical for the construction of Well 18 water treatment facility. Did I see Mr. -- is Mr. Watts in the room? Watts: Mr. Mayor, Council Members, yes, as Kyle has stated, we had to go back out to bid for this, so we contacted the contractors. Our neighboring city to the south had a very large project, it was keeping contractors from bidding until they found out if they won that bid or not, even the subs were not giving the generals any information. So, once that job bid we went back out again, contacted the contractors and they agreed to put a bid in with us and as Kyle said, we saved almost 250,000 dollars by going back out. We ended up getting five bids on the project, which was fantastic in this market. So, we were pretty happy. With that just ask for approval of the agreement. Page 10 Meridian City Council Item#1. November 16,2021 Page 7 of 81 Simison: Thank you. Council, any questions? If not a motion. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the construction contract between the City of Meridian and Lacy Mechanical, Inc., for Public Works construction of Well 18 water treatment facility project for the not-to-exceed amount of 1,883,430 dollars and authorize the procurement manager to sign contract and associated purchase order. Strader: Second the motion. Simison: I have a motion and a second to --would say approve that long motion. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is agreed to. MOTION CARRIED: ALLAYES. 11. Parks and Recreation Department: Discussion of Discovery Park Phase 2 Bid Results and Approval of AIAA133 Guaranteed Maximum Price Amendment to Kreizenbeck Constructors for the Not-To-Exceed Amount of $12,591,602.00 Simison: Next item up is Item 11, Parks and Recreation Department, discussion of Discovery Park phase two bid results and approval of a not to exceed amount of 12,591,602 dollars. Mr. Barton. Barton: Good afternoon, Mayor and Council. We were in front of you last summer presenting designs for Discovery Park phase two. We received direction from you -- primarily was the addition of a skate park and a bike park, some other modifications. We finalized those plans this fall, put the project out to bid, without the skatepark and without the bike park, because those will be done under separate design build contracts. So, the -- the total of all the bids that we received for the base project, including the soft costs for construction, are a total of 12,591,602 dollars, which is what we are asking for that guaranteed maximum price amendment. I would make note that there -- in that price there is a nine percent contingency in there and that any unused contingency would be returned to the city. So, going forward pending the approval of that guaranteed maximum price, we will start construction this spring, work through designs of both the skate park and the bike park and bring those designs back to you to look at. We feel that with the one -- almost 1 .8 million dollars left over to build those two amenities that we -- we do have plenty of funds in our existing budget to accomplish that. So, I would be happy to answer any questions you have and ask for your approval. Simison: Thank you. Council, any questions? Page 11 Meridian City Council Item#1. November 16,2021 Page 8 of 81 Perreault: Mr. Mayor? Cavener: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Do we have any preliminary estimates on the bike and skate park and if that -- how much more that might be above what we have set aside --what we have budgeted? Barton: Yeah. Great -- great question, Mr. Mayor and Council Woman Perreault. So, we have -- we have put out an RFP for skate park design build and bike park design build. We didn't have a responsive bidder on the bike park design build. So, now we are in negotiations. The skate park we do have a responsive bidder. Their initial estimate came in at 438,000 and that's roughly the square footage that we talked about and -- but I hate to take and put that number out that -- I mean take that with a grain of salt, because that's not a finalized design or a final price, but we are in that -- that's -- it's a -- it's in the realm of 500,000 and, then, the remaining amount plus any returned unused contingency would be returned to go towards the bike park or be returned into our impact fee account. Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. And, Mike, thanks. Council Member Perreault asked one of my questions. My second one is just if you could refresh my memory as to the source of the funds for this park and the phase two upgrades. Barton: Yeah. Great question, Mr. Mayor and Councilman. This project is funded a hundred percent from park impact fee funds. Cavener: Great. Thanks, Mike. And I guess, Mr. Mayor, I guess I put myself as some of our members of the community that are in the audience tonight and if I heard 12 and a half million dollars for parks I might start to scratch my head and so I think it's just a good reminder for our residents that -- that growth is paying for this. This is not coming on the backs of our existing taxpayers. I think that's very very important to note. Simison: Thank you, Mr. Cavener, for making that point. Council, any other questions or comments? Or motions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve the Parks and Recreation request -- actually, do we need to approve that-- I should ask Bill. Do we need to approve the amount or specifically what kind of motion are we needing? Page 12 Meridian City Council Item#1. November 16,2021 Page 9 of 81 Nary: It's to -- Mr. Mayor, Members of the Council, Council Member Perreault, so you are approving the Discovery Park phase two bid results and approval of the AIA contract. Perreault: Okay. So, the bid results. Okay. Nary: Yes. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I make a motion to approve the Discovery Park phase two bid results and approval of the AIA A133 guaranteed maximum price amendment to the Kreizenbeck Contractors -- Constructors for the not to exceed amount of 12,591,602 dollars. Bernt: Second. Simison: I have a motion and a second. Do I have any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and it is agreed to. Thanks, Mike. MOTION CARRIED: ALLAYES. ACTION ITEMS 12. Public Hearing for Red Aspen (H-2021-0066) by KM Engineering, LLP, Located at the southeast corner of S. Linder Rd. and W. Overland Rd. A. Request: Annexation and Zoning of 2.99 acres of land with a request for the C-G zoning district for the purpose of constructing an approximate 30,000-square-foot flex space building on 2.19 acres of land. Simison: Okay. Council, next item up is under Action Items, it's Item 12, public hearing for Red Aspen, H-2021-0066. I will open this public hearing with staff comments. Dodson: Thank you, Mr. Mayor, Members of Council. Good to see everybody here. As noted, the first item up for tonight is Red Aspen. Later on we will get to the fun one. This will be fun in other ways. Simison: Yeah. I heard this one had a great presentation at P&Z. Dodson: It really did. I hope we get the same thing, so -- we will be good to go. The project before you is for Red Aspen. The site consists of 2.9 acres of land, currently zoned RUT in the county, which is Rural Urban Transition. It's located at the southeast corner of Linder and Overland. Has a future land use designation of commercial and medium density residential. You can't see it on this map, but the medium density is just Page 13 Meridian City Council Item#1. November 16,2021 Page 10 of 81 a sliver along the bottom of the property, because as I will note later on, future land use designations are not parcel specific. To the north is Overland Road and north of that is some general industrial, which includes the Camping World business, as well as Bish's further to the northeast. To the east is R-8 zoning, although it is the newest Meridian fire station. To the south is R-15 zoning and some multi-family in the form of some four-plexes -- two story four-plexes and to the west is Linder Road, which -- and, then, further west of that is C-C zoning with some commercial development that is currently under development. It's not all built out. The request before you tonight is for annexation and zoning only. It's to annex all 2.99 acres of land with a request for C-G zoning for the purpose of constructing an approximate 30,000 square foot flex space building on 2.19 acres of land. So, the difference in the zoning -- or the zoning -- I should say the annexation and, then, the actual boundary of the project is the zoning must go to the centerline of the street. Despite two future land use designations, the city anticipates commercial uses on this corner, especially because it is adjacent to two major arterial roadways and near a planned interstate overpass. God willing. The proposed use of flex space is subject to specific use standards, UDC 11-4-318, and is proposed to serve as the core office and warehouse of the local business Red Aspen. Red Aspen is a social selling online beauty company and aims to utilize their site as their new main hub for their growing business. Again, it is a local business started here in Meridian, so they want to stay here. Flex space is a principally permitted use in the requested C-G zoning district and, to be clear, just like at P&Z, flex space does not mean warehouse. It can have a warehouse component, it could have retail, it could have office, it can have a myriad of different uses in and out of it. Usually local businesses use this use for its flexibility. Hence flex space. Access to the site is proposed via one connection to Linder and one connection to Overland Road, with both accesses restricted to right-in, right-out. The access point from Linder is actually an existing 25 foot wide access point for the multi- family project to the south. The applicant is proposing to widen this curb cut to 40 feet and share it with that project. It's my understanding that that access point and the sharing of that has been approved between the two parties. ACHD has reviewed the proposal for both accesses and supports the applicant's request, including to widen the existing Linder accesses. Both access points are as far away as you can physically get from the intersection, which is great. The applicant has proposed to place the building near the hard corner and pull it away from the existing multi-family residential to the south, approximately 119 feet as currently shown, and that does include the required 25 foot landscape buffer to the south as a land use buffer between commercial and residential uses. The applicant has proposed -- sorry. No buffer is required adjacent to the fire station, because it's not a residential use. The applicant is also showing the required landscape buffers adjacent to arterial streets, with one adjacent to Overland being shown wider than the required 25 feet. This was discussed at the Commission hearing. Staff-- I should say -- well, before I get there -- due to the required right of way dedication the proposed building is shown approximately 42 feet back, rather than the 25 feet from Overland. It has led to the building being further south than staff originally anticipated and because of that and because -- in order to help the site get -- or to help the applicant get some of the site back for buildable area, staff is recommending the applicant reduce the street buffer to Overland by going through the alternative compliant -- compliance process with the future application, which would be certificate of zoning compliance after Page 14 Meridian City Council Item#1. November 16,2021 Page 11 of 81 -- if the application is approved for annexation and zoning. Staff finds that the revision of the site has at least two positive outcomes. One being the building can be moved further north towards Overland and create a better presence and streetscape along this corridor and moving the building further north creates further separation from the existing multi- family to the south, while at the same time allowing more area for the truck maneuver -- maneuverabil -- that's not a word. For the trucks maneuvering in the south half of the site. The applicant has stated the planned hours of operation are Monday through Friday, 9:00 to 5:00, with occasional Saturday hours during the holiday season, which would be October to December. Most importantly, the applicant has stated that any freight deliveries will only occur during normal business hours. So, none of the 6:00 a.m. drops or 10:00 p.m. And due to the proposed hours of operation staff believes the proposed DA provisions and screening methods will be sufficient for any noxious consequences of the proposed use. Staff did not include any specific provisions limiting the hours of operation, because of the already limits by code in the C-G zoning district. Site -- the site and floor plan do show compliance with the specific use standards for proposed flex space. They cannot have more than 70 percent warehouse and no less than 20 percent office. The -- this also includes the position of the loading docks, as you can see here on the south end of the site. They are facing to the east and not facing an arterial, nor facing residential use. The loading docks and roll-up doors meet the specific use standards. The Commission did recommend approval of this project. At the hearing there was not much discussion. Some of it really focused on some clarification of my comments and my conditions in my staff report, as well as discussion regarding the applicant's request to modify DA provision to allow-- I guess some of the uses -- I have made -- I have provision in there limiting the uses and so there was some discussion about why I limited the uses to what I did. The Commission did add a condition of approval to -- as I have noted, because I missed it, to require the applicant obtain a property boundary adjustment. However, in the Commission motion they said prior to City Council. That's physically impossible between Commission and Council just because of the processing with the county, but in my Commission recommendation to the Council I have modified that condition, so that it reads appropriately, which is just prior to certificate zoning compliance, which is perfectly fine, because there are three existing parcels here, so they can either combine them, move -- move them, they just can't go underneath the building. They also modified DA provision A-1-B to increase the height limit consistent with the C-C zoning district, which is 50 feet, rather than the C-G zoning district height limit to 65. There were no -- there was no written testimony before the Commission hearing or after. So, after that I will stand for any questions. Simison: Thank you, Joe. Council, any questions? Would the applicant like to come forward? If you could state your name and address for the record. McKinney: My name is Jesse McKinney and our business address is 989 South Industry Way here in Meridian. Reese: I'm Genie Reese. Same address. Moore: Amanda Moore. Same address. Page 15 Meridian City Council Item#1. November 16,2021 Page 12 of 81 McKinney: We are so excited to be here this evening. Thank you so much for having us. We are here with Red Aspen and at Red Aspen we are on a mission -- (All three in unison). To inspire women to stand up, stand out, and stand together by uniting passion with purpose. McKinney: We are Meridian homegrown and we are excited to stay here in Meridian. To give you a little bit about us. We started in 2017. We are very thrilled, because we have about 10,000 sales reps all over the country and we will end the year at somewhere around 30 million dollars in revenue. Reese: We launched Red Aspen just four short years ago with a line of false lashes and they have expanded to include over 150 spews, including color cosmetics and press on nails. Moore: Currently our office here in Meridian has about three different locations. So, as the COO I would not be -- I would be so happy if we combined them all into one beautiful warehouse where we could continue to grow our business and stay here in Meridian and maybe even add a little splash of pink. McKinney: We would like to thank the Council for their consideration and we hope we get a resound -- a resounding thumbs up. Thanks, everyone. Simison: Thank you. Council, any questions? Okay. This is a public hearing. Mr. Clerk, do we have anyone signed up to testify on this item? Johnson: Mr. Mayor, we had five people sign in. The three that said they wanted to testify just did. The other two did not indicate wishing to testify. Simison: Would you like to call out their names and invite them up to testify, make sure -- Johnson: I certainly can. It looks like we have Josh Gantz and Cornel Larson. Larson: Thank you, Mr. Mayor, Members of the City Council in Meridian. My name is Cornel Larson. My address is 210 Murray in Boise. I am the architect on the project here tonight with the client and wanted to let you know that we are okay with the staff report. It's acceptable to us. We also -- we would like to thank Joe, staff, for helping us through the project and the process and as well as our neighbor, who had agreed to give us a shared access, so that we could actually make this site work for the Red Aspen folks. Steve Smith. And ACHD has worked well with us on it, too. So, we have got pretty much all the players on board for the project. So, tonight we are here just to ask for your support for this annexation and rezone. I would be happy to answer any questions you might have on zoning or the building or any of those items. Simison: Council, any questions? Page 16 Meridian City Council Item#1. November 16,2021 Page 13 of 81 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I want to understand the flex space designation. So, it seems to me from the project description that you have a very specific use and oftentimes when we are presented with flex space requests it's because there is an intention to have multiple tenants or that the -- the use of the property may change at some point in the future. So, is that -- is that a designation that the city staff recommended that you put on this based on the style of the structure or was that something that the applicant was requesting specifically? Larson: Mr. Mayor, Council Woman Perreault, we looked at all the definitions and the uses in the C-G zone and the flex space fits this building pretty well. They have office space. They have a need for an area where they do their online productions, photography, those kind of issues. They also have need for a conference room and a space that they can package and ship their product to their various vendors. So, the flex space designation is a -- is a good designation for this use based on the current code that's in Meridian. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Mr. Larson, how much bright pink could we expect at this location? I heard the applicants reference potential for the exterior to bring a splash of color to Meridian. Can you comment on that? Larson: Mr. Mayor, Council Woman Strader, we anticipate doing some pink on the doors and maybe on the signage. The rest of the building will be pretty neutral tones. It wouldn't be all pink by any means. Strader: Got it. Thank you. Simison: Council, any additional questions? Thank you, Cornel. Larson: Thank you, Mr. Mayor. Simison: Mr. Clerk, anybody else signed up? Johnson: Mr. Mayor, that was everyone. Simison: Okay. Is there -- this is a public hearing. If there is anybody in the audience that would like to come forward and provide testimony on this item you can do so at this time or if there is anybody online, please, use the raise your hand function and we can Page 17 Meridian City Council Item#1. November 16,2021 Page 14 of 81 bring you in to provide testimony. Seeing no one either online or in the room wishing to provide testimony on this item, Council? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: One question for staff. There is reference in the staff report of -- of-- and maybe you touched on it and I missed it, but the -- having a DA provision that limits the height to 50 feet, like a C-C zoning, similar to the adjacent. Is that part of the DA provision, a condition that's -- Dodson: Yes, sir. Yeah. That's already in there. Borton: Okay. Simison: Do I have a motion to close the public hearing? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we close the public hearing. Borton: Second. Simison: Have a motion and a second to close the public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it. MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Before we make another motion I just want to say congratulations for a successful Meridian business. These type of success stories resonate in our city, because we do such a great job and we have entrepreneurs who are willing to make investments and -- and take risk and it's evident in this particular application and congratulations on your business and your success. It really speaks volumes of your -- what you are doing. So, congratulations. Simison: And I didn't want to preclude the vote, but I had the pleasure of going and visiting their business a while back and hearing about this challenge and I want to also thank Tori and others for trying to work and help them find property, which would allow them to do Page 18 Meridian City Council Item#1. November 16,2021 Page 15 of 81 this and they were interested in staying in Meridian and commitment to being part of our community. So, with that I would love a great motion. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm thrilled to make a motion and echo the same comments that my fellow Council Members and Council President and Mayor made. We love seeing a homegrown business succeed in Meridian and expand. It's very exciting. So, with that after considering all staff, applicant, and public testimony I move to approve file number H- 2021-0066 as presented in the staff report for today's hearing date. Bernt: Second. Simison: I have a motion and a second to approve item H-2021-0066. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Good luck. MOTION CARRIED: ALLAYES. 13. Public Hearing for Centerville Subdivision (H-2021-0046) by Engineering Solutions, LLP, Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the southeast corner of S. Hillsdale and E. Amity A. Request: Annexation and Zoning of 40.49 acres of land from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts. B. Request: A Preliminary Plat consisting of 249 total lots (124 single- family residential lots, 79 townhome lots, 4 multifamily lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. Simison: We will just let the room clear out. Most people are going to stick around for the next one, so -- okay. Next item on the -- next item on the agenda is a public hearing for Centerville Subdivision, H-2021-0046. We will open this public hearing with staff comments from Joe. Dodson: Thank you, Mr. Mayor. This will be the Joe show tonight. So, we will be good to go. The application before you, as noted, is Centerville Subdivision. It is located at the Page 19 Meridian City Council Item#1. November 16,2021 Page 16 of 81 southeast corner of Amity and I believe it's South Hillsdale. Yes. South Hillsdale Avenue. Amity is an arterial. Hillsdale is a collector street. You guys have my outline, but I will jump around a little bit on that, just to let you know. The site consists of 40 and a half acres of land, currently zoned RUT, like the last project. It's located across three different parcels at -- which is 4111 East Amity, 40 -- or sorry. 5200 South Hillsdale. And, then, the out-parcel, which would be to the east of 5200 South Hillsdale. There is no application history with the city with this -- with these properties. The future land use designation for this property is both medium density residential and mixed use neighborhood and, again, as I noted, these are not parcel specific. I want to be very clear on that, because I know this has come up in the public testimony, both P&Z, written, and otherwise and across every project I seem to get. The -- having two designations the applicant landowner can -- they have the -- the opportunity to use either -- mix both, however. This applicant has chosen to use both. But it is not required to match where the lines are in its area. It could be seen as a preferred with whoever -- however we drew the map, but, again, the landowner has flexibility in how they present the application. It does not mean Council has to approve that, but they have the flexibility to present something that could be both or only one of them. The requests before you tonight are multiple. Annexation and zoning of 40 and a half acres of land from RUT to the R-8 zoning district. R-15. And the C-C zoning district. R-8 is requested for 13.38 acres. R-15, 24.17. And the C-C zoning district for 2.95 acre -- 2.95 acres. The concept plan shows 219 single family units and 16 multi- family units and a preliminary plat consisting of 249 total lots, which is 124 single family units, 79 townhome lots, four multi-family lots, four commercial lots and, then, a lot of other common lots on 38.95 acres of land. There has been no CUP for the multi-family, which are, again, only four buildings of four four-plexes. They would have to come in later for those and that would be handled through your conditional use permit with the Planning and Zoning Commission. First we will go through some general discussion over the project and, then, go to the revisions that occurred between the two Commission hearings. The project is proposed in four phases. All of the detached single family is proposed in the first and second phase, as well as open space and amenities for the most part. Sorry. Nine townhome lots and the accesses to Hillsdale and Amity are proposed in the first phase. So, you have the access road to Amity, the access road to Hillsdale. So, the applicant is required to do that if they want more than 30 homes. They need to have two access points. The existing stubs that are to the southeast corner, which you can see -- one from the east, one from the south, are proposed to be constructed in the second phase with the remaining R-8 single family lots. So, this line also delineates where the R-8 versus R-15 zoning is requested. So, you have all the R-8 zoning -- almost all of it -- within the second phase and the detached single family within the R-15 in the first phase. The commercial lots and the second access to Hillsdale -- the first area of the townhome lots and the four four-plex buildings are proposed in phase three, which is directly at the corner of Hillsdale and Amity. The southwest corner of the project, which is closest to the elementary school, is proposed in phase four and includes the remaining townhomes and a large linear open space area with additional amenities. The qualified open space consists of the required street buffers, the large centralized open space lot, large linear open spaces and other small areas throughout the site that include -- or I should say have pedestrian connectivity throughout the entire site. The correct number of amenities are proposed based on the size of the property. The future CUP will confirm Page 20 Meridian City Council Item#1. November 16,2021 Page 17 of 81 the required minimum number of amenities for the multi-family portion. So, just the 16 units. But preliminarily I can say that they have ample amenities and open space for both. Access to the site as noted is proposed to South Hillsdale and East Amity. The applicant is extending two local stub streets into the site, as noted again, in the southeast corner generally, with a pedestrian connection between the two. There used to be, from my understanding, a direct vehicular connection. Neighbors didn't want that and staff also agree with that. It will slow down some of the traffic and cut-through traffic. Just a pedestrian connection is adequate. There was a TIS required, which is your traffic impact study, because more than one hundred units were proposed. Originally -- so, I'm kind of jumping ahead of myself here, but originally more units were proposed and with that there is a projection of 2,600 additional vehicle trips per day and 266 additional trips per hour in the p.m. peak hour. The TIS and ACHD recommended the following improvements to both roads. To Hillsdale Avenue and the Amity Road intersection -- right here in the corner -- recommended for an interim signal. That is slated to be a roundabout in the future, but in the meantime they wanted to --want an interim signal. For the Amity Road and Amarita Avenue entrance, which is this access here, there should be a dedicated eastbound right- turn lane and a dedicated westbound left-turn lane on Amity. Staff has recommended conditions of approval consistent with those recommendations. Safe access to schools is always a priority. ACHD recommended -- the applicant has agreed to install a rapid rectangular flashing beacon at the Hillsdale and Hill Park intersection for an additional safe crossing for current and future residents. So, that would be at this access here. There was some discussion about having it further south, but because there is an existing one further south in front of the school, ACHD, the applicant, staff, as well as West Ada School District, would prefer it at this intersection. The project area as noted does have a different land use designation on it -- future land use designations. To the south -- and it is different than the existing development to the south and southwest, which you can see on this map. To the south is actually low density residential. So, this site is not supposed to match what is to the south according to the future land use map. The majority of the site does contain the medium density residential designation, which allows residential uses at three to eight dwelling units per acre. There is a relatively small, relative to the rest of the site, of mixed use neighborhood, which allows six to 12 dwelling units per acre. As part of a larger mixed use area further to the west that does encompass approximately 70 acres. So, again, mixed use neighborhood area is much more involved on the west side, which is already a majority residential because of the Hill Century Farm project, with some commercial and storage along the Amity frontage. Approximately half of this mixed use area -- again, there is a proof of residential. The applicant has proposed transitional lot sizes and density. So, to the right is the latest plan. Just to note. Along the perimeter of the property they have proposed traditional lot sizes and density within this project. Along the south and east boundaries they have matched the lot sizes of the existing development. Smaller lot sizes are proposed towards the interior of the project, culminating in the townhome and multi-family and commercial lots on the west and northwest part of the site. Staff does find that the proposed project is compatible with the surrounding development because of the transitional density proposed, which is discussed throughout our Comprehensive Plan about wanting that, especially when you go from low density, medium, and, then, to a mixed use designation and has an increase of density per those future land use designations. At the Commission hearing this project Page 21 Meridian City Council Item#1. November 16,2021 Page 18 of 81 was heard twice. It was continued from I believe an August hearing to its October hearing. Between those hearings the applicant removed all the apartments, which are shown on the left. This was the original plan -- plan. They removed all of the apartment units, except for the four four-plexes over there. So, again, 16 units there. There is now 219 units, which is down from the original 327. So, more than a hundred units were removed. Multi-family was replaced by more townhomes and drive aisles were replaced by 28 foot wide private streets, since the units front on greenspace. The applicant has now received private street approval for those private streets, which are an administrative approval only. They added three additional commercial lots and included a proposal for a portion of C- C zoning right to here. So, these four lots. One is a daycare and, then, three flex space lots. Because of the addition of C-C zoning, the overall area of the residential portion of the project was actually reduced by 30 -- to 36.45 acres, rather than 38.95. The gross density is six dwelling units per acre, which is down from 8.4. So, almost two and a half units per acre less. Staff was fine with the loss of one hundred units. The applicant has made a significant adjustment to mitigate the Commission's concerns over density and its impact in nearby schools and the transportation network. For the four additional commercial properties the applicant has proposed a new right-in, right-out access to Hillsdale, which is right here. It matches up with the access on the west side of Hillsdale. ACHD has approved this additional street connection and does not plan to limit it at this time. And by limit I mean restrict it to right-in, right-out. The applicant also moved the proposed pool amenity from the multi-family area here to the large central open space, which was also discussed at the Commission hearing. Initial review of the revised landscape plan shows continued compliance with the required open space. They have also added some additional amenities. I believe there is a sports court here. Probably pickleball, as we all love. Tot lot. As well as gazebo, playground area here, and these large linear open spaces are much appreciated when it comes to open spaces. They provide both walkable, as well as usable area. At the Commission hearing -- both of them -- there was a lot of discussion from the public, as well as the Commission, on the proposed density and how it transitions through the site. There is a desire to have more commercial and less apartments, which they changed. Overall concerns with additional residential in this area and the impact of the roadways and the neighborhood school, which is always a concern with any new project. There was discussions on how staff measures and analyzes density of projects when there is multiple future land uses, which I did discuss in my staff report. I have analyzed this against the lower density, the more restrictive, the three to eight, rather than give them any potential of using the mixed use neighborhood up to 12 units per acre, I just analyzed the whole project overall and they meet the medium density, which is more restrictive. There was a discussion about a desire to reduce the density further than the applicant has proposed currently with the revised layout and wanted a removal of any multi-family, as well as more reduction in the number of townhome units. The Commission had some of the same discussion. They supported the revised layout that included more attached single family commercial and the new multi-family four-plex buildings. There was discussion about the amount and availability of parking for these areas surrounding the townhomes and the increased commercial lots. So, to be clear, based on the widths that they are proposing, the private drives to be, there can be on-street parking on one side of this, where the applicant has gracefully put some bulb outs, which is appreciated, and there is also -- you can't really Page 22 Meridian City Council Item#1. November 16,2021 Page 19 of 81 see it here, but there is backup parking all along the -- the west side of the street, too. Each of the townhome units will have a parking pad and two car garage, which will exceed our parking standards for each unit and, then, the multi-family will need to maintain their parking standards as well. So, will the commercial based upon their square footage. From -- because I don't have the site plan of each of the commercial buildings and, then, the multi-family, I cannot say a hundred percent that they are meeting it, but based upon review and similar projects they are more than likely going to vastly exceed the off-street parking requirements in this neighborhood, as well as because all the local streets will be 33 feet wide, which allow on-street parking where no driveways exist. The -- following the second Commission hearing in October, the Commission did not make any additional changes to the staff -- to the staff report beyond those noted within the memo dated October 15th. Subsequently, sections of the staff report were modified and that was in the Commission recommendation to Council. It also included the revised plans and recommended revisions to any of the conditions. At this time there are no outstanding issues for City Council, because the private street application was applied for and approved prior to the hearing. There have been multiple pieces of testimony submitted, both before the Commission hearing, after the Commission hearing and prior to this Council meeting. I don't want to downplay them, but I can't go into all of them, there is a very high number, but talks about school capacity, talks about traffic, density, the standard ones that we get nowadays for sure as we continue to grow and influx our spaces here. No pun intended on that, actually. There was some new discussion this time concerning the conflict of the future land use map and, then, just overall too much density. That had seemed to be hit on a lot more this time. So, I do want to let the neighbors know that I do read these as they come in. I don't just brush you off. I promise I read them. After that I will stand for any questions. Simison: Thank you, Joe. Council, any questions for staff? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks. Maybe just to start off, when it comes to floating a designation, we do allow people to float designations, right, in our Comprehensive Plan and how we proceed, but we also talk a lot about transition. So, can you talk me through how we sort of think through balancing transition with floating designations when it comes to a project like this? Dodson: Council Woman Strader, thank you. Great question. So, first, floating is an interesting word that's no longer used in our Comprehensive Plan. When a -- this project has both of these designations on the property, so it can use either or use both or one of them. I guess we could use the term float them throughout the site, but the Comprehensive Plan does not talk about floating designations across sites anymore like it used to. When we analyze these, frankly, because this site has a majority of medium density residential versus mixed use, I largely looked at this from the medium density residential component. That -- generally, whichever one is the most dominant and, then, you also combine that with what the applicant is proposing, that's how I'm generally going Page 23 Meridian City Council Item#1. November 16,2021 Page 20 of 81 to analyze it and as well medium density residential was more restrictive in its density, so I wanted to analyze it against that. Really, the only mixed use neighborhood component of the project is the addition of commercial. If they didn't have that, no commercial uses would be allowed to be proposed without a map amendment. So, that's really the only mixed use component that has been proposed. Medium density residential allows the townhome units and allows the detached single family. So, that all matches with the future land use and medium density. When staff analyzes these, a lot goes into it in that way and, again, it -- it can be largely driven by what the applicant presents by their private property rights and we compare that to code. The Comprehensive Plan is a guide. It is not codified. It is a -- I'm not going to say pie in the sky, but it is something that we aspire to. If we had it perfectly every time we would never do map amendments and everything would fit all in these boxes and they don't, as we all know. That's why the future annexations are not parcel specific, so that an applicant has flexibility in what they propose. I hope that answers your question. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If it's okay I have a couple of maybe follow-ups along the same vein. Dodson: No problem. Strader: Thank you. So -- okay. So, let's take, then, sort of drilling down -- curious. So, you are analyzing the whole site against the more restrictive designations. You are seeing now it fits medium density residential. If you looked at just the parcel that's on the far left would that also meet the definition of medium density residential? Dodson: Of the existing parcels, ma'am? Strader: Yeah. So, we have three -- three pieces of land in front of us; right? Dodson: Right. Strader: There is one it's kind of -- Dodson: Uh-huh. Strader: -- a little bit of an odd shape on the left. It seems to be where most of the density is. If you looked at that one in isolation would that also meet the definition of medium density residential? Dodson: If I split the site in half I think you would be hard pressed to meet it and, then, if you took it even further you might, because of the commercial. There is really not that many units here comparatively. And in no way is this high density residential per our code. Per really planning. It's -- it's less than eight units to the acre, which is medium. Page 24 Meridian City Council Item#1. November 16,2021 Page 21 of 81 Generally we don't look at a site like that, especially -- we don't look at a site based on the existing parcels because a project will always encompass more than one when it has a large area like this. Strader: Okay. Mayor, one more. Thank you. Just holistically. So, when it comes to like a mixed use neighborhood designation we know this is an area that is underserved by retail and other uses. How much flexibility do we have to require commercial within the mixed use neighborhood designation? Do we have the ability to require all commercial, for example? Is there a precedent for that in City Council decisions? Dodson: Council Woman Strader, great question. Your last one I don't know the precedent. My assumption is, no, that there has not been a point where we required -- in a mixed use project -- and mixed use I mean not just the designation, but when there is residential and a mixed use designation or residential and commercial component, that I do not know of a time where the city has required a certain area all be commercial. However, I did call this out in my staff report. I have had discussions with the -- with a few of the neighbors and have had discussions with the applicant about that. This came up at the Commission hearing as well. The Council has power to say, no, there needs to be more commercial. Absolutely. I don't know if you can draw a line based upon the future land use map. There is not really a need to do that. You can draw a line based upon the proposed site plan and the areas. That's probably easier and more efficient of our time and your time, but you -- the Council definitely has power to require more commercial and, to be more specific, what kind of uses are even proposed. You could require retail. You can require or prohibit flex space. All of that is in your purview. Strader: Perfect. Thanks. Dodson: You are very welcome. Simison: Council, any additional questions for staff? All right. Then, I will ask the applicant to, please, come forward. McKay: Thank you, Mr. Mayor, Members of the Council. Becky McKay. Engineering Solutions. Business address 1029 North Rosario in Meridian. I'm representing Challenger Development on this particular piece of property. As Joe indicated, we are asking for annexation and zoning of 40.50 acres. We have got 13.38 acres of R-8, 24.17 acres of R-15 and 2.95 acres of C-C, which is a commercial designation. This particular piece of property is unusual in the fact that it has a mixed use neighborhood designation and medium density residential designation on a parcel that is technically a little bit less than 40 acres. So, one of the things when we met with your staff was they said, you know, we want an integrated site plan. We -- we really need you to do your best, based on the fact that we understand the property is only 39 acres, we want you to integrate commercial. We want you to integrate a multi-family component. A townhome component. A single family component. Plus we want you to do transitional single family lot sizes, obviously, to be compatible with the adjoining Rockhampton Subdivision that's to the east and to the Howry No. 2 Subdivision, which they call Hillsdale -- or what is it? Page 25 Meridian City Council Item#1. November 16,2021 Page 22 of 81 Hillsdale Creek Subdivision to the south. So, we worked diligently with the staff. I came back multiple times with various sketches and -- and got input and so we kind of got what the staff kind of envisioned. We had our neighborhood meeting on June 3rd. In that neighborhood meeting we had 355 dwelling units, which consisted of 125 single family, 26 townhomes and 204 multi-family and, then, we had a daycare. The neighborhood -- we had a great turnout at the site. It was warm, it was nice, and they said, hey, hey, hey, the density is too much. You have got to bring that density down. We don't like that. We don't like the direct connections to the stub streets. We don't want cut-through traffic. We need you to look at what you can do to minimize cut-through. What you can do to better transition and lower that density. So, we had a second neighborhood meeting in June -- at the end of June. We dropped our single family lots from 125 to 124. We dropped our multi-family lots from 204 to 168. We eliminated the continuous -- we had a street that came straight up through here and they were worried about traffic coming through and cutting through the Rockhampton and going out to Cloverdale. We also had concerns about the Hillsdale Creek. So, we went ahead and we cut off that vehicular connection and did a pedestrian connection. We also eliminated the apartment buildings that were on our south side and we incorporated some townhomes and, then, they wanted to see elevations. So, we brought elevations to them. Keep in mind this particular property, being the fact that it's on Amity, which is an entryway corridor, you have Eagle Road -- you have Eagle Road, which is directly to the west, which is a -- a multi-modal in your Comprehensive Plan and a key transportation corridor, with commercial here, the Albertson's center, a new roundabout that's been constructed, they -- they have widened Eagle Road here and, then, we have Century Hill Farms commercial. So, they have a significant amount of commercial and we just have a small amount of commercial that lops over into this particular parcel and so one of the things I told the staff is I said, you know, I don't want to be competing with Brighton. There is no way I can compete with the Albertson's or the -- the pad sites that they propose on their project, so, you know, we, obviously, have to -- we have to come up with something that will work as kind of a neighborhood commercial component. So, we did submit to the Planning and Zoning Commission and we went before the Commission and the Commission said, wow, you know what, we don't like the apartments. Don't like them at all. Don't like the three story. We want you -- they specifically told me -- eliminate the high density apartments. They said this area we don't feel it's appropriate for apartments, even though we got the YMCA -- South Meridian YMCA there, we have got Hillsdale Elementary, we have got the Century Hill Farm's park. You are just east of a multi-modal arterial, but we want you to look and focus more on townhomes. We want less impact on that neighborhood. Less impact on the transportation system. Reduce your overall density. Move your primary amenity to the central open space. Limit your residential structures to two story and improve your transition and add additional commercial and we want you to blend and integrate that commercial to provide a better mixed use project and so we took that -- I said, you know, hey -- this was -- this was August. I said, you know, I need a couple months to do this. So, I went back to my client. You know, we -- we worked on the site plan and this is what we came up with. We came up with what I thought was -- was a far superior plan. We ended up eliminating all the multi-family. We have townhomes that are rear loaded. We have townhomes that are front loaded. We have townhomes that are front loaded here and all of these townhomes are on open space, either on collector Page 26 Meridian City Council Item#1. November 16,2021 Page 23 of 81 buffers or linear open space or in open space along the south boundary and, then, we have townhomes up here that are two story that are also alley load. So, you can kind of see -- oops. Then the other thing we did is we talked to the client and he said, well, you know, I can't compete with Brighton, you know. You know, they have got -- they have got medical office, they are going to have retail, they have assisted living. You know, we have got to come up with some component that, obviously, will work in this area and we can't just lop off and have commercial that -- that has no chance of any survival. So, we come up with the flex space idea. The daycare is perfect and I have the daycare right here at the entrance. I have an island here. So, we have a right turn in, we have a loop out and a right turn out. So, it's -- it's designated to -- to serve this development as a whole, but yet it can serve the community as a whole and, then, we came up with the flex space and one of the things that we came up with the Commission was, well, you know, hey, what -- what do you describe flex space? Well, flex space is single story. Flex space has higher ceilings. You can have retail. You can have office. You can have a combination of a distribution -- like a -- they distribute coffee, but yet they have a coffee shop. You can have -- you can have multiple uses. And so that was kind of our intent and, then, we wanted to have some rental component in the -- in the complex and so that's why I thought, well, you know, we will just put four four-plexes. That's 16 units. Just 16 units. They are backing up to an arterial. And so as you can see the big thing we wanted to do was, one, make it walkable. That's really important. In your Comprehensive Plan it talks about -- in that mixed use neighborhood creating walkability. So, with the entryway corridor we have 35 feet along Amity. We have micropaths that lead to that 35 feet. This is a ten foot pathway. So, it's bicycle and pedestrian friendly. We also have an access that is -- aligns with Shelburne South. Directly across from them. We are going to be required to do a turn lane eastbound and a westbound turn lane at this entrance. Plus widen Amity to 17 feet and, then, install a ten foot detached sidewalk all along that frontage. Secondly, we are going to be building, obviously, a 20 foot buffer minimum size and allocating area for a future roundabout and ACHD came to us and they said, you know what, we have got one property owner to the north we can't get right away from, so we are going to have to go for a signalized intersection. You guys do the signalized intersection. We said absolutely. So, ACHD in their staff report and in your staff report ACHD said at the 61 st lot you shall install a signalized intersection here at Century -- or Hillsdale and Amity. That intersection --without us at build out at 2025 is a level of service F on that left-hand turn. So, staff has put in your conditions of approval with the first phase we will install this signal. ACHD will provide the materials. We have to, obviously, design and install it. Secondly, one of the comments brought up by the neighborhood was safe route to school. Getting over safely to the Y and Hillsdale Elementary. I went through there and I looked, they -- they have a rapid flashing signal right across from the school on Hillsdale Avenue, but we -- I met with Marcy Horner and I said, Marcy, I said we would like to make it safe for our residents and our kids to get across either to the Y or to the school. I said where would you want that? And she said we want it right here at your collector entrance. We have -- we have a collector right here, we have a median, and so we are going to install a rapid flashing signal there and the school district said even though we have that flashing signal we have to have a crossing guard and so they said we will have a crossing guard right there at your entrance and, then, we will have a crossing guard right there in front of the elementary. We -- one of the things the staff Page 27 Meridian City Council Item#1. November 16,2021 Page 24 of 81 asked me to do is utilize this central open space here and so we have a pool facility. We have a tot lot. We have a pickleball court. We have -- and they said, you know, make this feel soft. So, we have detached sidewalks all along this roadway and, then, these are all alley load. These are 28 feet wide, so we exceed the minimum and, then, they said we also want you to integrate the -- the commercial into the townhomes, but yet segregate it and I'm like, well, gosh, how do I do that? So, we created this linear open space and, then, we have notch outs for -- and we have 12 parallel parking spaces, in addition to the parking spaces that are in front of the four-plexes and the daycare and the flex space and, then, we have walking paths that run behind. We will not be putting any sight obscuring fencing, that will all be wrought iron. Mr. Barton has indicated that for the -- the townhomes he wants wrought iron to keep it open looking, to keep it -- to keep the feel well and -- and so that is very important to us. I'm going to switch over here. As far as our open space, when we submitted this application the open space requirement was ten percent, because you were still doing your ordinance amendment. However, we designed this to meet your new ordinance, knowing that it would be coming into effect. Our qualified open space in this particular project is six acres, 15.4 percent. We have a central common area of 1.93 acres, with a plaza area, a swimming pool facility, a community playground, pickleball court, pathways, off-street parallel parking. We have ten foot pathways along Amity. We have a pocket park at our entrance off of Amity Road with public art, a plaza, and a pathway. We have a MEW area that's almost a half acre, with covered sitting areas and pathways. We also have linear open space in the southern portion of our townhomes with landscaping, pathways, a tot lot, and a gazebo, with other micro paths and natural pathway connections to the adjoining subdivisions. This kind of shows you like a blow up of the landscape plan. You can see we have a plaza area. This is our pocket park and, then, we have pathways that lead out. We have micropaths that lead up to Amity. Got a little excited. Sorry. Here we have pathways and micropaths that come through and, then, we have detached walks that lead in to make it inviting. We have pathways that go south and they go north and they go east and they go west and, then, we have pathway that comes along here and goes out along the Cunningham Lateral. The Cunningham Lateral cuts through this corner of the property. We already received approval from the -- from the irrigation district, New York, to pipe that and the Bureau of Reclamation. So, we will pipe that, it will be grassed, and we will have a natural gravel surface. These show you some of the townhomes. This is kind of a farmhouse design. We wanted to kind of mix it up a little bit. These are a rear entry. I will try to hurry. Read through. These are my front load. That's the four-plex. And these are the single family homes, which we have 85 foot lots. We have 90 foot lots. We have 74. We have 64. And we have 34. And you can see the dwelling -- or 36. I'm sorry. And, then, this is the flex space that we would like to emulate. This is over on Eagle. Pass through their -- their DR. You can see they have the swing doors that come up, like the garage doors, and, then, that's where they load material for distribution and, then, they also have commercial uses. May I answer any questions? Simison: Thank you, Becky. McKay: Sorry. Page 28 Meridian City Council Item#1. November 16,2021 Page 25 of 81 Simison: No. You're good. McKay: A lot to go through. Simison: Council, any questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Becky. I'm curious why the desire to put the multi-family on the Amity side and the flex space on the Hillsdale side? It seems to me that you would want the flex space to -- to be on the side with greater traffic flow. McKay: The flex space -- there we go. So, the flex space is here at the intersection of Hillsdale and Amity. So, we do have good visibility here. You have the St. Luke's. You have a veterinary office. You have -- I think a dentist. Then you have the South Meridian Y. So, we felt that the flex space being visible from Hillsdale would be more neighborhood type commercial. We asked ACHD for this access here, which is right across from the Century Hill Farm's commercial area, so people could come in and what we envisioned is you could have -- you could have a coffee shop, you could have somebody that has a small business that lives in the neighborhood and wants to lease space. Somebody that has a small distribution center, but yet they need small office. So, we wanted it integrated into the neighborhood. When you stick it out on an arterial, then, you are talking about arterial commercial and we have no -- as you can see no direct access to Amity, because you are going to have a signalized intersection here. So, you are going to have to pull that traffic in here. If people come in here, then, we would have intrusive traffic that possibly would come back this way. So, in talking with the staff in -- in looking at the transportation patterns and the trips generated, trying to reduce those trips, this made more sense and we will have a signalized intersection, so they can safely go out. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Becky, you mentioned that build out would be completed in 2025. So, it sounds like one phase a year starting in 2022? McKay: Yes, sir. Hoaglun: Okay. And follow up, Mr. Mayor? Simison: Councilman Hoaglun. Page 29 Meridian City Council Item#1. November 16,2021 Page 26 of 81 Hoaglun: Question about the -- I read somewhere -- and I can't remember what phase the daycare would be moved up, be one -- one of the earlier phases; is that correct, the building of the daycare? McKay: Mr. Mayor, Councilman Hoaglun, the daycare is in the third phase. So, the first phase would take in the Amity entrance and, then, we would establish our primary collector that comes in here off of Hillsdale, our central amenity and, then, our single family detached lots. Our second phase would, then, be this area to the east and, then, we had the third phase, which would be the daycare and, then, our flex space, our four- plex and townhomes and, then, we have our fourth phase, which is here on the southwest corner. Hoaglun: Okay. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. It must have been ready -- it was a part of discussion about maybe moving that time frame up just for the daycare and instead of waiting to phase three it would be earlier. So, that may not be true. I just -- McKay: Yeah. You know, Mayor, Councilman Hoaglun, you know, it could -- it could be incorporated into the --the first phase since we will be building this collector and the island here and just, then, as long as we didn't come in more than 150 feet we would not be required to do a turnaround. I beat you to the punch, didn't I? Hoaglun: One last one, Mr. Mayor. Simison: Councilman Hoaglun. Hoaglun: And I understand on -- on people going out that the daycare is available, they can drop off, swing out -- McKay: Yes, sir. Hoaglun: -- come out, swing in, but when they come back home and they come to pick up what does that route look like? McKay: When they come back home they have two options. So, I did think about that. So, they can come down Amity, come in the Amity entrance and, then, come down and, then, go in and pick up the kids, but, then, they have to make a right out, because one of the ACHD requirements was because this is a collector they did not want a full access, because they need to have stacking. Now, at full build out we will see -- with the third phase we will see parents come in, we have a loop drive, they drop the kids off -- I did this at Crossfield, it worked out slick, and, then, they right out, come up to the signal and, then, they go north -- or west and northbound. Seventy percent of our traffic and our trips are going to be northbound. Page 30 Meridian City Council Item#1. November 16,2021 Page 27 of 81 Hoaglun: Okay. Thank you. McKay: It's just -- that's where the jobs are. They are going to be heading to -- to Meridian, to Boise city, but it's -- 70 percent of our trips will be west and, then, northbound. Hoaglun: All right. Thank you. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Thank you. I did want to clarify even further on that median. That was not originally proposed by the applicant, but ACHD's comments -- that was one of their required revisions was to put that median, because they did not want those north-south accesses on the collector that close to the intersection. So, that was not an applicant decision or staff decision, that I was ACHD saying if you want them at all they -- there has to be a median. That came up in the Commission hearing, because there was concern about the -- the flow as discussed, but that's just something that we are going to have a say in. McKay: Mr. Mayor, Joseph is correct. That was an ACHD requirement. That was a requirement to keep those approaches at that location. Bernt: Joseph? That's official. Simison: Council, any additional questions for the applicant at this time? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Becky, I want to touch on a couple of things that I -- I assume we are going to probably hear the public testimony and I think it's important maybe for you to address some of this from the get go. I know that Council received a letter and you received a letter from West Ada in July that indicated attendance versus capacity. My assumption is there isn't an updated letter that takes into account actual enrollment that began this fall and I guess maybe just giving Council a flavor -- we have got two of the three schools that are proposed to serve this neighborhood that are already over capacity and while Hillsdale looks like it's under capacity on paper, those residents who live in this area -- and I think full disclosure the Cavener family at one point was going to be a Hillsdale family, so I know the challenges that that school has had with being over capacity. So, I got to be real honest, that's always a big red flag for me and so I guess I want to give you at least an opportunity at the beginning to address why this product makes sense right now given the significant limitations of the schools to support this large residential use. Page 31 Meridian City Council Item#1. November 16,2021 Page 28 of 81 McKay: Mr. Mayor, Councilman Cavener, that's an excellent question. I have worked very closely with West Ada School District on this particular project. I have had multiple conversations with Marcy Horner. What Marcy indicated to me is that the Hillsdale Elementary has a capacity of only 700 students, that they were -- obviously, had 600. For 2021 and '22 626 students. Marcy did qualify that, that Blue Valley Elementary is planned within the South Ridge Subdivision at Linder and Overland Road. At this time they have approved plans and they are ready to go. The only thing that they need is a bond and due to COVID they do not know what the timing of that bond would be. However, she did qualify that and said Gem Prep Charter School will serve the same area as Hillsdale Elementary, which will open in fall of 2022. In the first year it will have a capacity of 312 students and, then, additional capacity thereafter of 500. So, she said some of these families could choose that. The overflow school -- she indicated they -- they do have an elementary overflow school for this site and what she -- they have done is they keep shrinking the Hillsdale Elementary boundaries. Initially Hillsdale Elementary's boundaries went far beyond this section and as this section has developed significantly, they are pulling those boundaries back. As you well know, the West Ada School District plans to have an elementary within each section where we have significant residential development and that section feeds that school. So, eventually, the Sky Mesas, the Highlands, the -- the other projects that were mentioned in some of the comments from the existing neighbors that are taking place out in this area will be going to other schools, but it will shrink to this section, because, one, they like those kids to be able to walk to the schools, because it cuts down on their cost for transportation. But that -- that's -- that's their long-term plan. Cavener: Mr. Mayor, an additional question if I may. Simison: Councilman Cavener. Cavener: Thank you. I just wanted to give you a chance if you want to respond to the in the staff report that talks about traffic level of service. I know Kristy's on. I may have a question for her later on after testimony, but E's and F's don't typically get me very excited about the roadway impacts and I guess like the school, I wanted to give you an opportunity to respond. McKay: Mr. Mayor, Councilman Cavener, that's a great question. Obviously, when the TIS was done we were -- we were in COVID conditions, so ACHD and COMPASS were providing the formulas in which the traffic engineers were told to use for the background traffic and, then, obviously, going out to the 2025 year. Without our project the Eagle and Amity intersection was operating as a level of service F. That was prior to the improvement of the dual roundabout that has been completed and the expansion of Eagle Road. Secondly, there were comments in the staff report that level of service F for the left-hand turns at Hillsdale and Amity -- well, we will be alleviating that by installing the signal and we have to install it with our first phase. So, not only are we -- it's -- it's going to operate at level of service F regardless without us. Once we go ahead and put in a signal it starts operating at level of service B. Then we will be widening Amity. We will be adding decel lanes, left turn lanes at our entrances, along with the project to the north Page 32 Meridian City Council Item#1. November 16,2021 Page 29 of 81 and, then, there were comments in the original TIS that talked about the ACHD and that the improvements along Amity were pushed out to 2036 and 2040. If you look at the 2022-2026 integrated five year work plan, it is still in draft form, that ACHD anticipates to adopt sometime this month. They have moved Amity and Cloverdale roundabout up to a design year of 2023. Right of way acquisition 2024-25. Construction year 2026. Amity from Cloverdale to Five Mile has been -- has been moved up from a 2024 design year, 2025 right of way acquisition, 2026 construction and, then, from Eagle to Cloverdale they have a design year of 2026. So, it looks like to me, based on this draft five year work plan from ACHD, that they are accelerating their build out in that year-- or build -- accelerating their build out in this area to accommodate the growth that they have seen and the City of Meridian has indicated this is a priority growth year. So, I assume that that has translated into this five year work plan and we are doing what we can to mitigate our impact. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Can either now or at a later point in time maybe Kristy Inselman provide some -- some context around that as well? Simison: Let's wait until we get out of the applicant testimony. Cavener: That's fine. Totally fine. Thank you, Mayor. Simison: Council, any additional questions for the applicant? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I think it would be appropriate to get public testimony at this time. Simison: And our intention is to take a break before we get into that, so with that we will go ahead and take a recess. At least for ten minutes, maybe 15. So, we will try to reconvene by -- Mr. Cavener, if you can be ready hopefully by 7.50 to 7.00 -- and, if not, we will try to do 7:55. Cavener: No problem. Thanks, Mayor. Simison: Thanks. (Recess: 7:39 p.m. to 7:56 p.m.) Simison: All right. Council, we will go ahead and come out of recess and we will begin with public testimony this evening. So,just a reminder to the community. When you come Page 33 Meridian City Council Item#1. November 16,2021 Page 30 of 81 up you will be asked to state your name and address for the record and you will have three minutes, unless we have anyone who signed up to represent a homeowners association where they will be given ten minutes. So, Mr. Clerk, I will turn this over to you. Johnson: Thank you, Mr. Mayor. First we have James Phillips with the Southern Rim Coalition. Phillips: Mayor, City Council, James Phillips. 4140 East Rockhampton Street, Meridian, Idaho. 83642. And I'm here representing Meridian Southern Rim Coalition. Johnson: It's a very touchy mouse. Try to move to the right, click somewhere around the rim and, then, you will have to scroll, because you are in PDF. Joe is going to grab it. Phillips: Context -- context is important. Very very important. Here is a list of public concerns and points of frustration that -- that southern Meridian residents are experiencing. I'm sure you are well aware of this and -- and I'm sure there is a number of people that's going to speak about these points. I'm not. But context is key and I'm sure that if the Council -- Mayor and Council had a magic wand to resolve all these public concerns and points of frustration they would waive it. I a hundred percent believe that. So, context is key. I'm going to go to a magical world where none of these issues exist. None of these. None of these. A magical world where we have great job housing ratios. Where traffic is not a concern. Where the traffic study was actually done on up-to-date data and not outdated models. A world where schools are not crowded and a world where we have a way to balance growth to develop impact fees. It doesn't exist, but this is the journey we are going to go through. In that perfect world -- even in that perfect world the current plan, the application, breaks public trust in a few different ways and these are -- the public trusts City Council to enforce these things, even if they are guidelines. As these are the expectation that the public has. One, FLUM consistency. And we will talk about that a bit. Two. Surrounding compatibility. Note not complimentary. Compatibility. Three. Transitional densities, particularly where they take place, across alleys and roadways. Four. Appropriate zoning as per the designation land use. You will see the MUN. I have a couple notes here around MUN, MDR, and those zonings and what's expected there. And five -- the fifth piece there is on walkability. Now, I color code -- coded this, so it will be consistent throughout the presentation. So, when you see the orange referring to that FLUM. When you see the purple surrounding compatibility. Red transitional density. That line is sensitive. The application is not consistent with the FLUM. Now, I understand, I use the word float and I know it's not in that comp plan and that's okay, I get it. What I'm talking about is how they arrange the densities and specifically what the comp plan does refer to when you talk about abutting parcels, that -- you know, I get it, land use designations are not parcel specific, but the reason why they couple those together is because P&Z -- P&Z staff understands that this provision does not get -- also doesn't give the applicant carte blanche to reconfigure it to a designation any way they want. It has limits; right? And -- and conditions. And it talks about those limits and conditions in the plan itself. And so that's what this slide is about. It's just talking about highlighting where those limits are and what --the conditions for those provisions. In this instance developer Page 34 Meridian City Council Item#1. November 16,2021 Page 31 of 81 purchased all three parcels. So, in aggregate the parcels perfectly match the designation. So, there is no provision needed to float or to move designations as it's already provided. But even with that, I get that they still -- developer can still take those and reinterpret it the way that they want. I get that. The second slide -- second image here is the original plan with the apartment complex. In order to reduce -- in order to have dwelling densities within the max range of the MUN it requires considering more than 50 percent of that land to be MUN and that, again, against -- that hits a limit within the comp plan. It's floating above that 50 percent land being developed. So, that's how and I'm glad that P&Z saw that and -- and also glad that developer iterated on that. Second one is around -- they replaced the apartments with the townhouses. This reduced a lot -- and removed a lot of concern around density. So, that's not one of the points when I talk about the colors, density was not one of the points of concern. Here is what is of concern -- if you look at the --what the public expects -- and maybe I shouldn't have used the same triangle shape as a FLUM. Maybe I should have used an amoeba to express what I'm trying to say here so there is no confusion. But the issue is if you look at the east -- the west-east density transition we are good. You see this gradual all the way up to the neighborhood adjacent Rockhampton in Boise. We don't have the same -- I live in Hillsdale Creek -- going from north to south on that west side. That is the issue and that is not in line with the FLUM. It's like the -- the people that did the FLUM kind of knew that you needed to have a little transitional density between the mixed use and the less dense neighborhoods just to the south. Just to highlight that point, going down a little bit, diving into the detail on that -- on that southwest corner. We have --where we have that Cunningham Lateral easement, the Hillsdale Avenue -- Street and the Hillsdale Creek entry, those all help to a degree to provide buffering between Centerville townhomes and the surrounding residential homes. However, this is not enough and for two reasons. One is the extreme difference between the lots proposed in Centerville, those townhome lots, .055 of an acre, and the adjacent neighboring home lots, ranging from .2 to .6 almost acres. That is a huge dramatic change in density in such a short small space. The second point it has to do with actually the elevation. Centerville lots, the smaller townhouse lot, sit at a higher elevation to the surrounding neighborhood homes to the south and to the home to the west. The townhomes depicted in the application would awkwardly perch over the Hillsdale Avenue entrance and, more importantly, into the -- the surrounding residential homes. This is the issue. Finally, I'm not going to be able to -- for the sake of time I -- each one of these color codes can have its own slide to talk to. I just don't have time to go through that. I don't want to take up Council's time too much either. But there is important things to illustrate here and -- and this is -- I don't want to be overly prescriptive. This could be done any different ways and I'm sure the applicant could be more creative than I can about how to resolve these issues, but they are still issues and concerns that the public has expressed multiple times throughout this process. So, in addition to those MUN that -- following the FLUM for transitional densities, in addition to take into account the higher elevation and larger lots, the purple there. The red there is all about limiting back fence density transitions, which CUP does spell out where to put transition densities. It's across alleyways and roads, not across back fences. That -- that's a point of frustration of homebuyers if they buy a home and don't realize what's going to be built behind them, which does happen -- which has happened even in Hillsdale Creek and the other neighborhoods. The blue there represents the MDR, R-8 zonings. The dotted line within Page 35 Meridian City Council Item#1. November 16,2021 Page 32 of 81 the plan is actually the boundary. That's all -- where it goes from R-15 to R-8. So, that we ask that the public expects that the MDR designation has that R-8 zoning and there is -- there is not a big difference here between what the application has versus what the R-8 minimum standards are. We are talking about maybe 500 to 600 square feet difference or about five to seven feet of -- of street frontage. But it's all the difference in the world to those future residents. They can use that additional few feet to put a fence in so they can have pets. They can use the additional few feet so they can put patios in. So, in addition -- I will wrap up here. So, in addition to those there is other things like walkways. You can't get to the open park from the north-south areas. You have to walk all the way around and so opening up, providing a path, walkway, for residents, particularly those that live down in that lower road, would be super important for the public. Now, in addition to the -- Simison: If you can wrap up, please. Phillips: Yes. So, in closing, I'm a software engineer by trade. We have an 80/20 rule where it's the last 20 percent that's the hardest to get right and to finish, but it's also the last 20 percent that makes all the difference in the world. Stepping back, coming out of this magical world where everything is right --we are --we are at that-- almost 20 percent, but not when you take into consideration all these external concerns and points of frustration, we are back to like 20/80. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: Thank you. I appreciate this. You put a lot of work into this. My question for you is -- is -- is the concern -- if you go back up to your first slide, is the concern the location of where the mixed use neighborhood -- oh, sorry. The -- there we go. Is it the concern the location or is the concern that you don't want anymore than eight acres of -- of mixed use neighborhood versus medium density residential? And -- and I want to clarify that, because staff has already stated that they are using the mixed -- the medium density residential criteria even for the residential in the mixed use neighborhood area. So, I guess I'm just not understanding the concern about the locations of -- this slide doesn't make sense to me if we are using basically the same lower standard for the density. Phillips: Yes. So, I will put -- what hat do you want me to put on, the -- the magical world where none of those external -- no magical world. Okay. So, the issue is externally to this plan we have such low job-to-housing ratios that it causes urban sprawl. I come from -- I lived in Arizona. I know urban sprawl and what -- what that is. It's when there is a lot of car dependency within the community. When you have such low job housing ratios and you put in higher density, what you are creating is a car dependent sprawl. That's the problem. The plan itself, according to the -- the specs of the P&Z -- this -- density is Page 36 Meridian City Council Item#1. November 16,2021 Page 33 of 81 not a problem. It's -- it's -- that's not the problem. It's not even a -- look, there is a location issue with the MUN coming all the way down to the bordering neighborhood, but, yeah, that's not a problem. The problem is the external concerns around this area. Time should be on our side to get this in-fill right. Perreault: Mr. Mayor, follow up? Simison: Council Woman Perreault. Perreault: So, are you suggesting there should be more job opportunities -- Phillips: Yes. Perreault: -- in this project? Phillips: Yes. I would appreciate more commercial, because in order to -- to increase that job to housing ratio, to prevent the urban sprawl of car dependency communities, that's what's needed. Perreault: And may I ask is that reflective of the Meridian Southern Rim Coalition's position on this? Phillips: Great question. I will have to confer with the -- the rest of the -- to do that. This is probably more of a personal opinion. But with the number of people that I talked to as well, commercial is important. Perreault: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Phillips, I just wanted to -- if you go slide down -- I think it was one more slide you had -- no. One more then. Oh, no. Yeah. I'm sorry. I take that back. Go ahead. Backup. Backup. Phillips: Yeah. This thing is super sensitive, so -- Hoaglun: Yeah. Oh, yes, it is. It is. I was just curious, because when I heard the presentation from the applicant's representative, along Rockhampton to the north apparently they are going to reroute a canal -- a waterway. I couldn't see -- and I don't think Becky laid out how many feet that is, but it looks like there is -- usually those easements are quite large and, then, it looks like there is some gradient -- and I have been out there, but it's been a while. It drops down to Rockhampton. Any idea what the distance is from that back fence line to their fence line? Page 37 Meridian City Council Item#1. November 16,2021 Page 34 of 81 Phillips: What's the size of the lot? I can kind of extrapolate out. Hoaglun: Yeah. And maybe this is a question for the applicant. I was just curious at that distance, because it looks quite -- like there is a lot of distance and -- but if the elevation is -- if you could describe the elevation. Are we talking about this roof line here is to the base of where their grass would be or -- Phillips: So that the fence line on the entry to Hillsdale Creek hits the roofline of those houses, if that makes sense. So, there is -- there is a fence line that follows the entryway of the Hillsdale. That hits the roofline of those houses. Hoaglun: Okay. Simison: Yeah. There is a pretty big gradient. Hoaglun: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Sure. Thank you. Just to further explore a little bit. So, we have already invested in this area; right? As a city. We have a sewer trunk shed. We have built -- and that's one of the most expensive components. We have a huge public park. You have probably heard in the beginning of the meeting that we are spending another 12 million dollars in impact fees to build that public park. Clearly this is an area where there is going to be development. We are planning for that. We have already invested in the infrastructure -- a lot of the infrastructure for this area. but there are issues; right? There is issues with traffic. There is issues with schools. What do you think is an appropriate solution here for what to me actually does sound like a density concern. Maybe not density specific to this parcel, but what you are describing is a concern about sprawl. You have people locating their homes in an area where they will have to commute to work. Do you think that it would be better to get a development tonight that has a lower density and move forward or are you -- what do you think the solution is? Phillips: So, the ratio for the -- so, the dwelling -- the job-to-housing ratio -- is that the ratio; right? So, if you effect a numerator it has an effect. If you effect the denominator it has an effect and so there is nothing fundamentally wrong to have more -- more dense building, fill-in work, it just -- you have to make sure that there is jobs that accompany that. Yeah. Brighton did a pretty good job on that top part of the adjacent property to do that and the Albertson's right there helps quite a bit as well, but we need --we need more. Like south -- southern Meridian is like -- the joke is called a food desert, because you can't -- the restaurants you have to like -- you have to go out of southern Meridian to -- to go to restaurants. Areas where they have commercials that you have restaurants, for example, is a good -- good solution there. Page 38 Meridian City Council Item#1. November 16,2021 Page 35 of 81 Strader: Mr. Mayor, follow up? Simison: Council Woman Strader. Strader: Yeah. So -- right. And, then, part of that balance is as a city we are setting those future uses in the future land use map; right? And so I guess, you know, a question I would have is does the addition of commercial into this development give you any comfort around changing that mix specific to this parcel? Like in a magic world where you could wave a wand, what if half of this was commercial? Would that make you feel better about the issues of transition? Right? Because, then, you still have a transition issue, but would that make you feel better about the transition issues and the sprawl? Phillips: Well, I will speak personally, just -- I would feel more comfortable with more commercial, again, to get that job to housing ratio at the right mark, again, to reduce that car dependent community that we don't want to have. That's problematic. Strader: Just your insight? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I don't know if you know this, James, but, you know, in the COMPASS report it talked about housing within one mile, jobs within one mile, and that's where the ratio comes as zero point -- Phillips: Yeah. Six hundred whatever. Within the mile. Hoaglun: Yeah. Jobs within the mile 670. I'm assuming, but I don't know -- and I don't know if you know. They probably aren't taking in account Albertson's and all the commercial that will be developed and off commercial that will be happening in those areas in Brighton or are they counting future jobs? Phillips: Great question. I tried to dig into that to figure it out. I didn't get a hold of COMPASS to answer it. If asked any question that we should -- that will probably get answered as it informs the decision of this plan. Hoaglun: Thank you. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: My short answer to that is I believe it is existing jobs, not -- not planned. Because, frankly, I don't know how you -- how you plan for that. You don't necessarily Page 39 Meridian City Council Item#1. November 16,2021 Page 36 of 81 know what those are going to be, especially when you have undeveloped commercial lots. Phillips: Joe knows. Dodson: Sometimes. Sometimes I know things. Simison: Council, any additional questions? Bongiorno: Mr. Mayor? Simison: Yes. Bongiorno: Over here. Simison: Deputy Chief. Bongiorno: Somebody asked for that distance between the fence and the other fence across the way. It's roughly 130 feet. Simison: I was going to do a hundred, but I didn't want to guess, so thank you. Bongiorno: Yeah. No. I -- I kind of know how to use mapping, so that's what I came up with. Hoaglun: So, Mr. Mayor, what we are saying is all Joes know? Simison: No. Down there. Those Joes know. Phillips: I think I have it up on the slide right now. Not all the property is across that street. There is property right next door to those townhomes, too. Both within the Centerville and in Hillsdale. Borton: Mr. Mayor? Simison: Yes, Joe. Borton: Just --just to comment. I appreciate your -- your thoughts and input on this and amongst the considerations I think -- this isn't really a question, but just an observation that you have highlighted well -- is the trade-offs, right, with an expansion of commercial uses on this property can capture trips perhaps, create employment near the residences, but, technically, increases the problems with traffic from a pure traffic count; right? Because it draws folks to the commercial that -- beyond who reside here. So, if you wanted to have more commercial you might capture trips local here internally, provide those services nearby, at the same time create additional traffic problems that we are also trying to address. So, it is a challenge. I guess we are mindful of that -- of those trade- Page 40 Meridian City Council Item#1. November 16,2021 Page 37 of 81 offs that come with the idea of mixed use neighborhood and having a larger commercial component than -- than what's portrayed here. Phillips: Something that City Council did that was really good -- when we were having stream -- like pain points because of school issues, capacity issues, with Hillsdale Creek because of the hokey boundaries, the city put together that -- maybe about a year, year and a half ago, you sit down, talk with West Ada and it came up with some action items about what to do about that. I think we now have someone that can provide more insight back and forth between the two organizations. We need to do the same thing. I don't know if we already do, but we need to do the same thing for the ACHD. Of the organizations that I -- I called, that's the one that probably is the one that I have the least confidence in right now is ACHD. Just reading through the TIF. Like it's -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Along the lines of what Councilman Borton was sharing, oftentimes in the commercial sector it -- they follow rooftops. So, if there is not a certain amount of rooftops they are just not going to bring that in and we have an application for 40 acres in the southwest corner of -- of Ten Mile and Franklin. That's a hugely traveled intersection and that developer was telling us the difficulty in getting businesses to come into that location and you can imagine the amount of traffic that flows through that area. So, it's not just about -- there is a desire there, but -- but no applicant, this one or another, is going to build commercial space for it to sit and -- and they are not going to -- and so I -- I completely understand where you are coming from. That's -- I'm not contradicting your idea on that. It's just it's -- it would really be one of those things where the decision becomes that this would need to happen in the future -- later in the future when there is more rooftops in the area, whether they are here or whether they are elsewhere, before we are going to get that kind of commercial to housing ratio. Phillips: It sounds like we need a good marketing for the city that highlights that point -- that really low job housing ratios to say, hey, not only that, but people are working remote now, so you have these built-in customers, if you pump -- if you put down businesses here in this area. Simison: All right. Thank you. Phillips: Thank you. Johnson: Mr. Mayor, next is Kacie Hergert. She is on Zoom. Kacie, you can unmute yourself. Simison: Kacie, if you -- Hergert: Okay. Page 41 Meridian City Council Item#1. November 16,2021 Page 38 of 81 Simison: -- can state your name and address for the record and be recognized for three minutes. Hergert: So, my name is Kacie Hergert. I reside at 5305 South Hill Farm Avenue in the Century Farm Subdivision. Can you guys actually see me? Simison: We see a picture, but not you personally. Johnson: We just have you unmuted. We don't have you on camera. Hergert: Okay. Perfect. All right. And so I have been an Ada county resident for over 15 years. My family moved to south Meridian in July of 2018 and I wholeheartedly get the appeal of raising a family in the Treasure Valley and more specifically in the City of Meridian. We are all witnessing unparalleled growth, but there seems to be this false notion that we can develop our way into sustainability as a city and that's just simply not true. I want to address the impact that the Centerville development will undoubtedly have on emergency response times. BoiseDev recently published a story addressing emergency response times in Meridian and Meridian Fire Department Chief Kris Blume was asked if the addition of Fire Station 7 and Station 8 would resolve the delayed response times Meridian residents currently face when emergency personnel is needed. Blume said it will help, but it won't fix. The reality is the City of Meridian has experienced such explosive growth over a very short period of time that the public safety, as well as all public services, are stretched to keep up with the growth and as new developments go in that bring new people to the community, which brings more needs from the city services, as well as fire and the police departments. The location of the emergency and its proximity to the fire department doesn't solely determine the response time. Several factors determine how quickly crews can arrive. National and local standards put into place also affect how quickly firefighters can respond and something I learned is they abide by OSHA standards, which is two in two out. Uniquely to Meridian and Ada county, fire engines are staffed with three people. So, that means if they go on a call and they are required to go into the occupancy, they cannot until a second unit shows up, because you have to have two firefighters on the outside, two on the inside in case any of them need to be rescued. He also goes on to state that more than 80 percent of the calls that the department-- the department receives are medical emergencies and according to the American Heart Association brain death and irreversible damage can happen in just four to six minutes after an incident, making response times critical. I want to speak a little bit personally here. On August 23rd I experienced firsthand just how critical emergency response times can be. Driving home for a routine wellness track with my six week old baby, a car ran a red light at the intersection of 27th and Main and we collided at 35 miles per hour. Police were on scene in four minutes. EMT six minutes. I will never forget being on the phone with that 911 dispatcher begging her to do whatever she could to get that ambulance there as quickly as possible. When your child's life is in danger six minutes is an eternity. Undoubtably you will be asked by the developer tonight to focus on the facts and not the emotions, but the facts mean nothing when someone's life is at stake. I sincerely hope -- I will wrap up here. I sincerely hope that none of you guys have Page 42 Meridian City Council Item#1. November 16,2021 Page 39 of 81 to experience the level of helplessness and sheer terror I did in a moment after my accident, but I can't help but think if that accident had occurred closer to my house would my outcome have been different. I ask that the Council deny the Centerville application and allow the city to focus on the necessary infrastructure needed to sustain and control residential growth, strategically expand commercial growth, and provide Meridian citizens with the quality of life that I think we all deeply desire. Thank you. Simison: Thank you. Council, any questions? Thank you, Kacie. Johnson: Mr. Mayor, next is Jarrod Galm. Galm: Mr. Mayor, Members of the Council, my name is Jarrod Galm and I live at 3868 East Woodville Drive here in Meridian. I'm representing my family and other neighbors to oppose the proposed Centerville community. I'm going to speak to you about how this project will affect schools now and in the future. West Ada School District faces significant challenges as it grapples with the explosive population growth our area has experienced in the past several years. In these proceedings Engineering Solutions paints a romantic picture of more schools being planned to accommodate area students. Sadly, those schools are planned, but there is no funding to pay for their construction without relying on ballot initiatives for levies. There is not currently an elementary school under construction in south Meridian to help alleviate overcrowding. Home values have skyrocketed recently and as a result property taxes have risen as well. While we would all like to say that we are going to do it for the children, be noble and vote to accept property tax increases to pay for new schools, reality is most residents probably won't. Yes, a levy extension for West Ada narrowly passed in the most recent election, but those funds are for operational purposes, not for building new schools. Hillsdale Elementary is across the street from this proposed development and last year it was beyond capacity to adequately serve students and had an enrollment cap in place. Earlier this year that cap was lifted due to a boundary redraw, but the school is faced with overcrowding again, with another cap eminent forcing children who live within the walk zone to be bused to other areas schools. This is not good for traffic, the environment, or the children. It's important to know that Hillsdale Elementary, unlike other schools, does not have the physical outdoor space to add modular units or portable classrooms to accommodate more students. Once it reaches its cap there is no room for growth. The district will have no choice but to bus kids elsewhere as they have done in the past. If you look at the school impact table, Lake Hazel Middle School and Mountain View High School are already over capacity this year and will be beyond their capacities for years to come. Using the district's formula to estimate the number of new students needing accommodation, the development would bring in 97 students, putting Hillsdale at 105 percent of capacity, Lake Hazel Middle at 108 percent, and Mountain View High at 121 percent. These numbers do not include the current construction occurring in Sky Mesa, Lavender Heights, The Keep, East Ridge, Orchard Creek, Shelburne, Calistoga and Century Farm. Based on these developments and using West Ada's formula, another 200 or so students will be residing within the boundaries of Hillsdale and other schools shortly. As is evident, these schools will not be able to support the influx of students as area schools eclipse capacity, the quality of education diminishes. The applicant may Page 43 Meridian City Council Item#1. November 16,2021 Page 40 of 81 suggest that Owyhee High and it's new charter school located in north Meridian will alleviate some of the burdens, but that isn't the case. The charter school will draw 300 students from all over the district and Owyhee serves students in western Meridian many miles from the development and Mountain View High. In conclusion, I understand that the state drives education funding and that local leadership believes it is powerless to help. That's not true. It's incumbent on local government to manage growth, relieve the pressure on our education system until the state can deliver educational resources to accommodate growth. The buck stops with you. I'm not against development or progress, but I am against a developer trying to alter a plan that was thoughtfully established by the city to manage growth. The Centerville Subdivision as presented doesn't fit with the existing south Meridian neighborhoods or the spirit of the city's master plan. I implore you to deny it. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Is it Mr. Fallen? Galm: Galm. Strader: Galm. Thanks a lot for coming before us. One of the last comments you made was that you don't feel like this development fits with the neighborhood. What would make it fit with your neighborhood? Galm: Oh, I think it's -- you know, there is no high density, you know, townhomes or apartments in that area and I think that the zoning with, you know, single -- single homes -- single family homes, which much of that area is comprised of, would be a better fit. I do agree with --with James, his assessment that, you know, more commercial specifically. I think, you know, food, you know, because he -- as he did mention it is a food desert. There is nothing -- and, yes, Albertson's is going in, but I think that that area could benefit from having, you know, a coffee shop or, you know, a bagel shop, restaurant, someplace that -- where people could walk to, go sit down, have a cup of coffee with their neighbors. You know, having a balance between those single family and commercial like that I think would be more in line with what the applicant is proposing. Strader: Thanks. Yeah. I think one of the things that's hard, right, is -- I think to Council Woman Perreault's point, you are going to typically see commercial come after the residential is built out. It's a little bit of a chicken and egg thing. We are living in one of the most overpriced housing markets in the country right now. I mean you touched on home values. You know, how do you personally balance that trade off between, you know, housing affordability and -- and the school overcrowding issue? We have been told by the West Ada School District that they will continuously redraw their boundaries to address growth. Maybe we will get more detail on that tonight. If you felt like the Page 44 Meridian City Council Item#1. November 16,2021 Page 41 of 81 boundaries will be adjusted regularly, does that give you more comfort in terms of seeing additional housing in your part of Meridian? Galm: I would agree with that. I mean I think -- you know, the problem that I have is, you know, when you have a school in your community and, you know, kids are being bused, you know, several miles away that that -- you know, that kind of upsets the apple cart, so to speak, and kind of, you know, limits your time and, you know, causes all sorts of other issues as I alluded to. You know, the -- the district has to accommodate growth and, you know, it's basically you are -- you are playing -- you know, it's like a shell game, you know, how many kids can you fit into, you know, this area. Okay. Next year because of growth we are going to move people, you know, over here. You know, I don't envy the position that the school is in and I understand -- you know, obviously, house values are probably not going to come down and, you know, there is a need for affordable housing, which, you know, Challenger is known for providing. I'm not against that, like I said. But, you know, again, it's finding that balance and being able to provide, you know, those -- those resources that kind of suit the community. Strader: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Respectfully -- and I appreciate, before I say this, everyone that is here, because without public testimony it actually makes ourjobs harder. We need to hear from the public about what's happening in your neighborhoods. I'm going to play Devil's advocate a little bit. There are many times when this Council has made decisions progressively, despite information we might have received that was a little bit on the -- on the -- on the border, like it is here, where, you know, yeah, we have a little bit of overcrowding, but we think it will figure itself out based on information that we receive from the district or -- or whatnot. Just as an example, a lot of that area those decisions have been made and many of you may not even have homes in that area if Council hadn't made a decision to proceed with building when it wasn't perfect and I'm not advocating for this project, I'm just saying that there are many times when we make those decisions when it doesn't fit perfectly and it has benefited many residents that live in that south area. So, we are -- I'm hearing you, we are hearing you, but we would love for it to fit perfectly. We would have like half an hour meetings every week. No. But as -- as for the -- the commercial element as well, the tough part about it is we don't have any -- we can say, yeah, okay, you can put a commercial building or, you know, daycare, whatever, we don't --we don't have any control over what ends up there. We don't have control over whether it's a coffee shop or whether it's a restaurant or -- we don't. It's just -- that's not in our purview. So, just wanted to share that with you, because I think there are some folks that truly believe that we -- we have control over the actual businesses that go in those locations and we don't. Hoaglun: Mr. Mayor? Page 45 Meridian City Council Item#1. November 16,2021 Page 42 of 81 Simison: Councilman Hoaglun. Hoaglun: I just wanted to respond -- editorial comment, Jarrod, that last part -- you know, the state will figure out -- you know, figure out how to -- how to fund schools and -- and we are talking about a legislature that last session worked on trying to fix property taxes to lower property taxes and what they did in House Bill 389 was on new developments and new annexations, they cut their property taxes by ten percent that they -- they would pay. They exempt the value out. So, they don't have to pay property taxes. This is new growth and we want growth to pay for itself and so we take impact fees, we will build a new fire station up the hill, but to fund it to pay for the firefighters that will be there, everybody has to pay. Well, all of a sudden this new growth they aren't paying their fair share. So, I know you put your faith in the state to fix it. I don't so much. So, just to -- just to let you know. Don't be disappointed. Galm: I understand. Simison: Council, any additional questions? Okay. Thank you. Johnson: Mr. Mayor, next is Amy Johnson. Okay. I combined you both. So, who signed in online? Who had the presentation? Okay. Amy -- so, Amy, come on up and, then, Amy we will get your presentation next. Apparently there is two Chris's as well, so -- A.Johnson: I actually think she can take all the mass a-mails that I have been getting every day. If I can send those to that Amy Johnson I would appreciate it. All right. So, I'm Amy Johnson. I am the West Ada School Board trustee representative for zone two, which is where this subdivision is located. I want to make very clear I'm not here representing the board. This is not a board testimony. This is me as an elected official in the zone and I'm here because the community asked me to come. So, I haven't done this before. I'm going to speak a little bit to the school information. I'm going to speak a little bit to the property information. So, I want to give you -- Simison: Amy, could you state your address for the record. A.Johnson: I'm going to give you the West Ada address, because I don't want mine on public record if I don't have to. So, it's 1303 East Central Drive, Meridian, Idaho. 83642. 1 want to give you some data -- specific data. So, I don't know if you all got to see the West Ada letter that came in, but I'm going to give you the data on Hillsdale, Lake Hazel, and Mountain View as of today for enrollment. Hillsdale Elementary is 641 students. That is roughly 59 students under capacity. Mountain View High School is 2,374. That is a little over 200 students above capacity. And Lake Hazel Middle School is 1,049, which is 49 students over the program capacity. That is the highest capacity we can put in the building when I talk about program capacity. But there is some additional numbers in the letter that I think are really important to look at, because those are today's capacities. Hillsdale Elementary has 1,556 planned students coming to it in the parcels that you have already approved. Lake Hazel Middle School has 1 ,479 students coming to it in the parcels that the City of Meridian has already approved. Lake Hazel Middle School also Page 46 Meridian City Council Item#1. November 16,2021 Page 43 of 81 takes parcel approvals from the unincorporated area of Boise and that number is not counted in there. That's City of Meridian approvals. There are 3,170 students anticipated to come to Mountain View High School in the parcels already approved by this Council. So, that's what's coming at us. Now I want to tell you about what's in the pipeline to help with those students. Nothing. We had a bond available and ready to go prior to COVID hitting. We had to pull it back. We did so. Blue Valley Elementary was in that bond. It is not funded today. We will probably have to redo the drawings and we don't even know if we are going to use that location anymore, because the growth now has moved from where we thought that that would be. So, I wouldn't count on Blue Valley Elementary to solve this problem. That's where we are at today. That's not your problem and I understand that, though. But I want you to understand the problem that's coming at us. What we have done to solve it -- in the meantime we redrew all the boundary lines. We removed the cap on Hillsdale Elementary. We maximized the capacity that we all talked about a year and a half ago. That's why there is 50 seats at Hillsdale today. Our -- our student population growth, our -- sorry. Our student enrollment numbers right now are back up to two years ago, so we are back at 40,000 students. Owyhee High School will be full in one year. We just don't have a senior class right now at the level that we need, but one year we will get there. So, that's where we are at today. I wanted to just mention from a system standpoint, the -- I will -- I will finish up. Simison: Could you, please, expand on this for another couple minutes, because I'm really curious. A.Johnson: On which -- on which one? Simison: All of it. Just keep -- A.Johnson: All of it? Okay. All right. So -- and, you know, I guess I had -- I sat here and I listened to you say 12 and a half million dollars of impact fees for a park expansion and I just about like fell out of my chair. I had no idea what happens at a City Council meeting, but we just barely got 14.7 million from a community much larger than the City of Meridian and it passed by 52 percent. So, that's -- that's what's facing -- and I'm only talking about the south Meridian portion. I'm not talking about the north Meridian portion and I'm not talking about the other areas of the West Ada School District. I only looked and focused where this subdivision goes into play. This development, while it isn't going to hurt-- solve the problem, adds to the problem and it also on top of that it goes above what we thought would be in that usage area. So, when you ask the question what maybe would be a better opportunity, a low density, commercial space are both great answers. But timing is also one of the answers. So, what I -- what I am sitting at when I saw these numbers -- I actually got them today, because I was thinking I'm going to come in here, as holy cow, I don't know how we are going to deal with this, because we -- we don't have anymore capacity even to bus kids anymore. We had it two years ago when Hillsdale was capped. That's not available in south Meridian anymore. That's gone. So, that's -- that's where the school district is at today. I would ask you to consider more than just this development in your kind of thinking going forward. I think we have some bigger conversations to have, but in this case this development doesn't necessarily fit the area Page 47 Meridian City Council Item#1. November 16,2021 Page 44 of 81 as designed. I would tell you one other thing. There is a daycare already located at the YMCA right there across the street from where this event will go. There is another one at Sienna Elementary and there is another one just down the street at the corner of Amity and Cloverdale. So, the daycare facilities in the area -- there is a pretty good access at that point and, then, the traffic light -- or the, sorry, the crosswalk where that subdivision is at and it goes across the street to the YMCA is great, because that's there, but there are no sidewalks coming down that side of the road for the students, then, to walk down the road to the school. The only way they will be able to access is go all the way around the school or go down the backside of the library -- little pod library that the Meridian Elementary-- or the Meridian library has there today. So, I just kind of picked up a couple things that people testified to to give you some information and I will kind of go from there. Simison: Thank you. Any question -- Cavener: Mr. Mayor? Simison: Okay. Councilman Cavener. Cavener: Thanks, Mayor. First, Amy, thanks for being here. I think in the eight years have been on Council this is the very first time that we have had an elected representative of another agency come and testify and I think you have provided, at least for me, some added flavor and context for this particular application. My question for you is the Council received a letter from city staff last week that showed that the district is currently at 88 percent of capacity. Is that a number that West Ada is using publicly? Is that a number that you are aware of? And because the numbers are a little bit different from what you shared tonight than what we received in that letter, I'm just curious if you guys have a number in terms of what your capacity is districtwide. A.Johnson: Can you clarify for me -- staff from West Ada or staff from Meridian City Council? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks. Amy, appreciate the question. From City of Meridian staff. A.Johnson: Okay. Cavener: But we used that data from West Ada staff. A.Johnson: I would have to look into it, Luke. I will tell you this: I asked them to pull me a copy of the letter and when I asked -- we actually are going to have this conversation internally. We sent the strongest letter we possibly have on this subdivision -- or in this development approval. I have read it. I don't think that we are giving you enough information at this point. So, when I read it we were having a conversation about what Page 48 Meridian City Council Item#1. November 16,2021 Page 45 of 81 the strength of our letters will look like going forward and that's not to say -- I'm not -- I don't want to make that, hey, we are against the development, because that's not to say, but I think we need to provide some good quality information in some of those letters, especially in situations like this and two years ago we were not in this situation. We had a bond we thought was going to come forward. We wouldn't have said the same thing two years ago. But we can't -- I can't say that today. Cavener: Thank you. I appreciate that. Simison: So, Trustee Johnson, just curious. You talked about the numbers. We know some of that-- there is a charter school planned in south Meridian. I -- I know you weren't going to take that into consideration for your numbers, but I assume that there will be -- because they can come from anywhere. There is no guarantee that they are just going to come from this part of the community, but do you know what the planned enrollment figure is and through what grades for the charter school that's planned in the Brighton development and how it would -- in theory if it one hundred percent took away from this area's growth, which we know it won't, but -- A.Johnson: I believe the numbers given earlier by the applicant were pretty close. It will be K through 12 at full build out. I actually am super supportive of that school and actually put the connections in place, because it's a way we can help solve some of our capacity issues, so -- but the numbers I just gave you it won't even hit 20 percent. Simison: Okay. Well, just want to confirm that that was accurate information. A.Johnson: Close -- close enough. I won't split five or ten student hairs. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If Trustee Johnson could stick around, but do we have Meredith -- or Miranda? Oh, my gosh I'm like losing my marbles tonight. Do we have her here to talk about our analysis of the West Ada School District numbers? Simison: She does not appear to be. Strader: Okay. Yeah. Because I -- I think the disconnect and what I'm -- what I want to try to work through at some point is we have our own data that takes the parcels that have been approved and, then, applies a bunch of assumptions about a certain amount being delivered per year. Ah. Thank you so much. So, we end up with our own estimate after permits and development, let's zoom into the footnotes, if the person driving the bus can get over to footnote three. Yeah. So, this is our analysis that I think our city is doing of all the same parcels that you guys are aware of, but we are looking at historically not all of these are going to deliver at the same time; right? So, realistically, if it's -- you know, I think for Hillsdale 1,500 -- that's a huge number, but I think where we all need to get Page 49 Meridian City Council Item#1. November 16,2021 Page 46 of 81 alignment is, okay, what is a realistic amount that we think will be delivered per year and an absorption rate that is sustainable? But I don't disagree with you at all that that's a huge number and I guess my question would be is that number outside of what the school district planned for and how far outside of that number is it if it is for your long-term planning purposes? A.Johnson: Yeah. So, we are in the process right now of looking at our long, term facilities plan. We have got some new trustees coming on that will be part of the process. So, you know, I wanted to speak a little bit and clarify the testimony earlier on that I don't think that we can commit to what the developer agent had said yet, because we are really looking at that. You know, preferably, obviously, elementary schools and community neighborhoods are our preference. Let me speak a little bit to kind of the numbers as we look at them, because I can look at this and I can see the analysis, but until I have dug into it I wouldn't know. So, roughly, West Ada School District prior to COVID -- and so we -- you know, we have got to kind of go with the old trends -- grew on average of 600 students in total per year. So, our net growth would be 600 after graduations and everybody moves up; right? So, what that looks like is, basically, we would need a new elementary every -- every three years. Sorry. Three to four years. A new middle school every four to five years. And a new high school every four to five years. Roughly is kind of how those numbers pencil out. We have never hit that category in any of the bonding structure, so -- but when I say that 600, 1 think that gives you an idea. You figure -- so take Hillsdale. It's going to move about a hundred students every year into like Hazel Middle or Victory Middle and, then, those two middle schools are going to move 300 students each into the high school and the high school is going to graduate about 500. So, net -- net we are going to see some growth of about a hundred students every year in that one high school, if you think about kind of how that -- so, these numbers to me look a little bit low. Hillsdale Elementary from enrollment to what the letter you got in July is now up 30 students in less than six months and -- and I look at what's approved out there and I think Mr. Galm gave you a lot of it. I don't see how it's not -- it's going to be 60 students a year. That's just not -- that number doesn't even work for me just using the quick math. Especially when the density of -- we just figure 80 percent of the houses in a single family unit will have kids coming into the school system. I will tell you there is one thing in the formula that I saw in your documentation, which, by the way, I have read and I have never done before -- is that on a multi-family unit right now we are estimating only ten percent of a multi-family unit actually produces kids into the school district. I say that figure seems a little off. I'm not sure why that calculation is the way it is. You know, if you go to an apartment complex or a townhome I would be surprised that only one out of every ten townhomes or apartment buildings has a student in them. So, I -- and, actually, Marcy Horner brought that up to me when we talked about it a couple weeks ago and I think her and Miranda are looking at that. Strader: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 50 Meridian City Council Item#1. November 16,2021 Page 47 of 81 Hoaglun: Amy, I want to make sure when -- when we have to pass a bond levy in the school district it takes two-thirds and -- to -- to tax people and to build schools. Is there -- and I'm just concerned. We have tremendous growth throughout this community, but some areas more than others and south Meridian is one area feeling really the brunt of a lot of this growth. I'm concerned that -- so, we need schools out there. You run a bond. Well, people in Eagle and Star and maybe even north Meridian -- oh, we have a new high school, we don't need to support that. I don't want to raise my taxes and now all of a sudden it's -- it's upside down. You don't -- definitely don't get two-thirds if even a majority. So, what -- I guess I'm going to ask a loaded question, because I guess being -- being the longest tenured in this community on the Council -- I moved here after fifth grade and I have noticed throughout the 51 years that there has to be a great deal of pain in our school system before people will pass a bond and I know you haven't been on the school board that long, but what are your thoughts about that? Is that a true statement? Is there a way we can avoid that pain? Because we could shut down growth supposedly -- although, you know, we might be subject to lawsuits, but it makes it difficult to make things happen sometimes without a little bit of pain. I don't want to inflict a lot of pain, but you do want to have things move forward. So, thoughts, ideas, help? A.Johnson: So, two things. One, south Meridian's one area. North Meridian, Star, is the other and, actually, it's worse than south Meridian and the Mayor of Star has actually shared that pain and his thoughts on how to help move some different funding formulas forward for managing growth. I agree with you, historically people had to feel a little bit of pain from a bonding perspective. Here is where I think it's different now than ever before. First of all, during COVID we experienced some pretty expansive growth in this area, more than I think we all would have expected; right? I mean -- so, that coupled with the fact that we couldn't run a bond really in that time frame actually exacerbated the issue today to even more of where we would have normally been. So, think about it this way: We had this massive growth, we didn't follow our normal pattern of a bond every three or four years, and now I don't know -- I will be very honest, I don't know if we even are able to get one passed in the next year. So, what I think used to be a little bit of pain, we are all going to experience a significant amount of pain if we don't think through how this -- how we manage the growth, how we get the funding and how it all goes together and I don't think it will be just the schools, I think that communities will experience some pretty significant pain just based on those numbers and the fact that it takes us three or four years after a bond passes to get a school open. So, that's -- that's when a new school would be able to open. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Good to see you,Amy. So, we -- over the past couple of years we as a Council have had a lot of conversations about will the -- will the school enrollments return to pre- COVID numbers and, you know, we -- nobody's known, really, until this year. So, are you sharing with us that -- that the enrollment numbers have returned and are potentially greater than they were a couple of years ago? My first question. My second is is that Page 51 Meridian City Council Item#1. November 16,2021 Page 48 of 81 parents are more aware than ever about how their children are involved in school, from what they are studying, to what they are wearing, to, you know, their health at school and personally I think this is the time when you have everybody's attention and when you can get a bond passed, because people want the best for their kids and they will put their money there. So, I have a different -- and -- and maybe that's not what you are hearing from the parents. I have a different philosophy about that. I feel like a bond probably would have passed with flying colors, because people want to support their kids, because they are now more aware than ever of what it takes to teach their children. But, anyhow, so I am curious about the -- the current enrollment numbers and relationships to 2019 and whether they have bounced back or if you are still seeing a lot of parents that are doing the homeschooling and the virtual enrollment. A.Johnson: So, a couple -- a couple of things. So, first, our enrollment prior to COVID was right around 40,000 students, a little over. We are back at a little over 40,000 students. So, we are -- we saw a dip last year, but we are back up in that spot. We also still have a significant number of parents homeschooling, which means at some point if they make the decision that will change that number also as well. As far as my -- it doesn't mean we will run one, it just means when you look at the numbers on the levy, 52 percent, that's what I'm going off of and, you know, you are right, the awareness, people actually --when we knocked on doors two years ago didn't even know what a school board trustee did and now I feel like everybody knows my name. The other thing that we knocked on doors and got was we need more food and commercial in south Meridian and I got that as a school board trustee. So, I will share that with you as well, even though I told them I couldn't do anything about that, so -- Simison: Council, any additional questions? Thank you. A.Johnson: Thank you, guys. It's nice to see you guys in action. I don't know that I like being on this side of the podium though. Johnson: Mr. Mayor, Amy Johnson. A.Johnson: Amy Johnson, the second. 4069 East Tenant Drive in Meridian. I reside in Hillsdale Creek Subdivision and just a couple things that have been coming up. I actually have a kiddo in Gem Prep and so I know that proposed thing and they are going to be just K to five, about 300 students, because they cap it about 60. They have two teachers, two classes per grade and, then, every year after that they add as it grows, so -- and it's a lottery based thing, so people can come from all over and get in, so I don't think it will have a significant impact in the least on this. And so kind of the preface, I oppose this as it's written. I concur with very much of the public concerns about the overcrowding, traffic safety, and that this proposal really isn't in keeping with the surrounding neighborhoods in the area. But in addition to this I want to focus mostly on traffic impacts. I sat on the traffic commission for the city of Beaverton, Oregon, for eight years prior to moving here. For reference, Beaverton is actually almost exactly the same size as Meridian and sits squarely next to Portland, Oregon. We actually had our own traffic commission and our own traffic engineer, which I would implore you guys to look into and might help really Page 52 Meridian City Council Item#1. November 16,2021 Page 49 of 81 with the growth that we are experiencing, because we would have in-house capacity to do that. But I do feel like at this point the Centerville proposal is still too dense. It's going to produce too much traffic in an area that's already saturated and can't accommodate it. They have been using very outdated traffic data that we have already discussed and I think it's really premature to approve this development without more studies being done. So, I would actually propose that we pause this and table it, come back to some -- and get some more data, get more traffic studies that really show the impact of this area. I sat for eight years listening to people really upset and residents really upset over the dense subdivisions that didn't properly plan for growth. They had traffic and parking that really could have been mitigated from the beginning. There is no perfect answer, but I do think Meridian can do better. Another problem I kind of see -- Hillsdale Lane is a collector. It's not going to get any wider. Once this division goes -- or a subdivision goes in it can't grow. So, how they are going to have two left turn lanes -- sorry, I guess I have some pictures here. So -- well, the first picture you can see is heading south on Hillsdale Lane towards the -- the elementary school and you can see that it drops down and there is a blind corner. There is no sidewalk as mentioned prior. So, getting kids safely across and down to school is actually not going to happen with the proposal as it's planned, but going back to the fact that Hillsdale is a collector with no plans, there are two left turn lanes, one for the commercial section in this plan and one just a little bit more going into the townhomes. It's not-- it's going to queue all the way up to Amity and, then, overflow, even with that light. People coming up that hill there is blind spots and you are going to end up getting too many accidents. I -- we sat on the traffic commission and heard that time and time and time again. I have some pictures. I will kind of go through them in just a minute here, but, you know, things have actually been talked to, so I won't keep doing it. But, you know, to exasperate that, parking is a big deal. There are too few spots in this proposal. The four-plex apartments do not have enough parking period. I don't know very many -- even single -- single apartments that have enough parking. You know, they designed 1.2 parking spots per unit. Well, we know that we need more than that and so parking is going to overflow, it's going to overflow into the YMCA and it's going to overflow into our neighborhoods. We played Whack a Mole every single month in Beaverton just getting -- people wanted parking restrictions to keep people from parking on there making it very very unsafe, so -- and another thing that Meridian does not have is public transportation. This is not a walkable community, despite all the walkable paths within their own little community there. We are not going to be walking across Eagle to go to Albertson's. I mean that's a death wish. So, that's just not going to happen. It's not walkable. So, I think getting those multi-units and any -- any kind of rentals is going to not handle that. Can I quickly just go through these pictures really quick, because I kind of think pictures show -- Simison: If you can, please, summarize quickly, yes. A.Johnson: Very quickly. So, that one's heading south, like the schools down -- right where you can see the Hillsdale Creek sign and the Century Farm sign down there. This next one here -- like -- sorry. The aerial -- okay. Perfect. So, that's kind of an aerial view of that and that's that pickup. So, you can see how the traffic queues up onto Hillsdale Lane and it will actually queue up past the YMCA on most days. This is another view of Page 53 Meridian City Council Item#1. November 16,2021 Page 50 of 81 the slope that happens there that makes it very unsafe for kids to go down. Kids are already crossing and on bikes, the paths, walking to and from school and we have seen too many near death experiences already. But what I'm kind of focusing on are the left turn lanes proposed over here on Hillsdale Lane. If there is no specific left turn lane for those to back up and cue that it's just not going to work. It's going to be a complete nightmare and I would propose a HAWK, rather than a flashing beacon, if they are going to do that, because it would be more visible based on the slope. So, you can kind of get -- get a bit of a picture there. Trying to get to -- one more. Oh, yeah. So, you can see where that's where the sidewalk stops. So, kids cannot continue down. And, then, this is just a -- after school events people are parking along Rockhampton, which also curves and slopes downward and so that's the kind of parking that's going to get overflowed by the townhouses, because that's the closest to it. So, where people are going to park, they are going to park as close as possible when they don't have any extra parking. That's all I have. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have driven through here -- I have had the pleasure of driving through here when school is starting and getting out and it is scary. A.Johnson: It's a nightmare. Perreault: What -- do you know -- I had read in -- I think in one of the public testimony, but I don't recall the details -- what kind of traffic calming or -- or traffic control measures happen during -- when school is starting and getting out and is that done by the school district? Is that done by volunteers? Neighbors? Can you -- A.Johnson: Yeah. So, there is one crosswalk with the little bleep -- the flashing lights when you push the button with one crosswalk directly in front of the school. That is the only mitigative measures taken by the school or any volunteers at all. As a parent I walk my kids directly around and we actually cut through some green spaces within the neighborhood to avoid walking on the sidewalks, because they are so congested. People are opening doors, people are just -- you have driven through. It is about 15 to 20 minutes of just gridlock and, honestly, I think having the turn lanes on this is just going to exasperate that even further. Simison: Council, any additional questions? Thank you, Amy. I will take your comments to being you don't like the roundabout. I meet with Director Wong this week, so thank you. Dodson: Mr. Mayor? Page 54 Meridian City Council Item#1. November 16,2021 Page 51 of 81 Simison: Yes, Joe. Dodson: I did just want to clarify really quick and for the benefit of the public, the turn lanes are supposed to be on Amity, not on Hillsdale. Yeah. There we go. She clarified for me then. Thank you. Johnson: Mr. Mayor, next is Elizabeth McDowell. McDowell: Mayor, Members of the Council, I'm Elizabeth McDowell. I live at 3839 East Fratello Street in the Shelburne Subdivision. I'm here to speak in opposition to the proposed Centerville Subdivision. I'm a 19 year resident of the Treasure Valley, so I have seen the explosive growth that's taken place in our area in that time. There is no doubt that affordable housing is needed. However, south Meridian is not capable of sustaining this density and speed of growth. It's not the right place and it may not be the right time as well. The issue that I'm most concerned with is the number of homes in south Ada county that are solely relying on well water for their households. These are not necessarily large farms, they are homes on a quarter acre lots built before city water lines were run to the area. Many of them have recently been affected by the incredible surge of new development, causing their wells to suddenly run dry. These are wells that have been adequate for decades. In May of this year Channel 2 news reported on one local resident whose well ran dry. Drilling companies -- wait lists were eight months long. Meanwhile, this homeowner would have no running water to his home. A neighbor even ran a garden hose to the property through his kitchen window, so that this resident would have some water while he worked to resolve this problem and the cost to the homeowner to drill his new well deeper would be 30,000 dollars. I don't know about you, but I don't have 30,000 dollars laying around to dig myself a new well if mine suddenly runs dry because of overdevelopment. This resident is not the only one who is facing this type of issue. Channel 2 reported that this resident received over 600 phone calls from other area residents who were being affected similarly or were concerned that their well could be the next to run dry. Our community is in a crisis for groundwater and this is not just due to our current drought, it is largely brought on by overdevelopment of what was once agricultural land. This land used to be replenished -- used to replenish our aquifer through irrigation and natural precipitation and while you may be tempted to point out that those of us who bought homes in these developments have contributed to this problem, please, understand that we bought our homes trusting that the powers that be would never allow growth that negatively impacts other residents. Idaho Code requires that this commission deny a proposal that would negatively impact current residents and it's incumbent upon this Council to ensure that necessary resources exist to support all residents when a development is approved. We trust you when we move in that responsible development is taking place and while many of us knew nothing of the serious issues that we are hearing tonight until after moving into the area, there is no one that I have spoken to who disapproves of new growth. What we want and what we trust you all to provide is the growth that's supported by all necessary resources. These resources are lacking in south Meridian. They go in much more slowly than homes go in. It takes a lot longer to get that infrastructure up than it takes to get those houses up and that's the concern that we all have and unless and until there are programs available or funding in place that will help Page 55 Meridian City Council Item#1. November 16,2021 Page 52 of 81 these residents when they lose their running water to their homes and the cost and suffering can be mitigated, it is unconscionable to constitute -- excuse me. It is unconscionable to continue development in south Ada county and I ask that you would deny this proposal and I'm not an expert on anything other than what I just told you, so don't ask me any questions. Simison: Thank you. Council, any questions? McDowell: You can. I'm just kidding. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't have a question, but thank you for sharing that information. We have heard numerous developments in this area and -- and I have not had a single person that I know have come before us that owned a property in this area on a well that had concerns about the water. So, do you know any of those individuals personally? Have they contacted the city with concerns? Have they asked questions? Because they are not coming to our -- to our hearings. McDowell: I learned about this -- this individual that I have spoke about specifically through the NextDoor app and I followed his story through the months that it was reported on Channel 2 and from what I understand it isn't -- and through realtor friends that I have as well, that it's a large problem throughout our whole area. This is not just a single homeowner who had an issue. I know that he was in the process of trying to contact every available resource and it was running into dead ends everywhere and I know his name, but I don't know him personally, but I have followed his story. That's probably as much information as I can give on it, because it was just what was publicly available and I can give you his name if -- I don't -- he's not here and I have not spoken with him to get his permission to give his name, but he --just by researching his name and finding all the articles that I read about his situation, I was mortified that this is a situation that's caused by too many people moving to an area. If I had known personally that my home was going to impact any individual this way, I wouldn't have bought a home in that area and it makes me feel terrible that what we trust to be, you know, development that is approved, the only thing I have heard everybody say all the time when I talk to neighbors about this is how can they allow that and this Council is the they that they are talking about and when growth is happening at such a rate that all of the infrastructure that everybody here is talking about tonight is so profoundly inadequate for the number of homes that are going in, that people are beginning to feel a stirring of discontent and that's what I'm hoping that we can stop, because I -- we are just on the cusp of people being happy where they live and kind of going off the edge of -- I'm not happy that I live here now and I have met numbers of people who have moved to the area who have expressed -- I am sorry that I moved here and that breaks my heart, because I love this area. I have lived here for almost 20 years, like I said, and Meridian is beautiful, I would not want to live in any other city and I think that you guys have the ability to build a city and to develop a Page 56 Meridian City Council Item#1. November 16,2021 Page 53 of 81 plan that is the most livable, beautiful area in our state and I just hope that we can make it all balance, you know. That's my hope. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah, Elizabeth, I just want to make sure word doesn't get out that Meridian's running out of water, because we are not. McDowell: Okay. Hoaglun: Having grown up in the country, growing up in Meridian, working, married into a dairy farm family, our well was 90 feet deep. That really -- it was good water, but when agriculture goes away -- agriculture is very water intensive. Those alfalfa fields, the corn, grain, it takes a lot of water. So, it was easily recharged. Ninety feet wasn't a problem. But when that goes away -- we are actually more efficient with our water now. Residential yards, they use much less water, but that means we aren't recharging to that shallow depth anymore. So, the wells have to be deeper. Now, the wells for the City of Meridian are very deep. They go down, they tap another aquifer level. So, I don't want you to think they are running out of water. For people who are on wells that means they aren't in the city -- McDowell: Right. Hoaglun: -- not on city water, which goes from a different aquifer, but it certainly is -- yeah, the recharge is not happening in the shallow aquifers. So, just to give you the hydraulic -- and we have people who study and we pay good money for people to study our water system and do we have enough water for growth and those types of things. So, yes, it is very unfortunate for those people with shallower wells, because they are having problems and they are having to go deeper and it is very expensive. So, I feel for them. But as for our community we are not running out of water. I just wanted to make sure that was clarified that, oh, no, you know, so -- McDowell: There were a lot of issues this summer. It may have just been the drought where you all had to water at all different times of day, otherwise, we weren't getting water in our neighborhood. So, I know that was a conversation that I followed on NextDoor as well with a lot of neighbors really struggling with -- and that may have just been the drought this year. I don't know. But it's a concern going forward. Hoaglun: And, Mr. Mayor, yeah, I could go on and on about our irrigation system and how this valley works and everything, because I was there cleaning ditch because that was so important for this year and it still is, because that's surface water and we certainly are -- surface water and the drought has -- it's caused some shortages and we should be concerned about our surface water. Fortunately, we are in a good area hydraulic -- from Page 57 Meridian City Council Item#1. November 16,2021 Page 54 of 81 the hydrology standpoint for aquifer water, but we still have to use it. It's a resource we have to be mindful of and use it wisely -- McDowell: Appreciate it. Hoaglun: -- so, appreciate it. Thank you. McDowell: Thank you. Simison: Council, any other questions? Okay. Thank you. Johnson: Mr. Mayor, next is George Hoxsey. He is bringing up your presentation for you. Hoxsey: Mayor, Council Members, my name is George Hoxsey. I live at 4184 East Rockhampton Street in Hillsdale Creek, just immediately south of the proposed development and immediately adjacent to the development as well. While I agree with much of what's been said tonight from other -- other public testimony, I'm going to try and focus my comments in a little bit different area. There are some related topics, but I want to not waste your time and -- and, hopefully, focus on a couple of new points. So, the first thing I want to talk about -- I'm going to focus most of my comments on the northwest corner of the development and the first thing I want to point out is that I feel very strongly that the, you know, commercial zoning from -- from its intent is -- is not aligned with the intent of MUN zoning. I think that's a very important point to point out in terms of a lack of alignment with the FLUM. The other -- the other point I want to talk about labeled number one on here was actually brought up, but I want to dig a little bit deeper. I think we -- you know, we have talked a lot about traffic on Amity. I think the traffic on Hillsdale and the issues there really needs some -- some focus. I could not find any traffic count numbers ever done on Hillsdale. I think the last numbers that were done in the area were about 2018. They used a two percent annual growth rate for traffic on Hillsdale there. I think that's woefully inadequate from 2018 to where we are today in terms of the -- you know, the dramatic growth that's happened in that area. So, I think not having a dedicated left-hand turn lane, which was a conclusion of the TIS, I think is absolutely incorrect. It -- without a left-hand turn lane we are going to get massive bottleneck of traffic coming off of Amity onto Hillsdale and trying to come into Century Farm, trying to go to Hillsdale Elementary, trying to go to the subdivision Hill -- Hillsdale Creek. Secondly, along a very similar point, the new proposed entrance to the commercially zoned area there labeled number two, way too close to the intersection from my perspective. You are going to get massive backup. I actually thought that was going to be a right-in, right-out, which I was still concerned about. I heard tonight that it is not a right-in, right-out. Now, I'm even more concerned about traffic backup there. I think -- I think we are completely missing Hillsdale Road or Hillsdale Avenue there in terms of the left hand turn lanes. A critical point that I think needs to be focused on. What I would propose would be kind of what's outlined here in the red area; right? This is more in line with the FLUM from my -- from my perspective. To earlier comments I think it makes a ton of sense to move some of the commercial along Amity, as opposed to more of it along Hillsdale, and I also think that I -- you know, I would like to see this area that -- you know, the MUN district -- a true MUN Page 58 Meridian City Council Item#1. November 16,2021 Page 55 of 81 from its intent in terms of neighborhood retail, neighborhood businesses, where the community can gather and have a sandwich or an ice cream or, you know, a coffee or whatever with a plaza; right? I have looked at those cut sheets. That's a very different intent from a zoning perspective than from a true commercial zoning perspective. Just to quickly conclude here. Again, I agree with much of -- much of what's already been said. My ask is that you would deny the proposal as it's currently planned. I do appreciate the progress that has been made through lots of effort from the community and working with Engineering Solutions, so I think we have made progress. I don't think we are where we need to be yet and you can see from my bullet points there, but I know my time is up. Thank you for your time. Simison: Thank you. Council, any questions? Okay. Thank you very much. Hoxsey: Thank you. Johnson: Mr. Mayor, next is Paul Prestwich. Prestwich: My name is Paul Prestwich. 5249 South Bleachfield in Meridian. Several of the points that I was going to talk about have been touched on today and that is the future planning of this area. Somebody had asked about, well, were the future jobs calculated into the projections and the answer was no. Each of these projects seems to be created and analyzed in a bubble. So, they are put together, they go to ACHD, they look at everything, say this is the impact this is going to have on our current roads based upon the TIS. Now, the TIS that was used here was outdated like they said, so it's not really reflective of current traffic data. In addition to that, it comes back over to the city planning, who, then, goes ahead and uses all those same data points to make their decisions. Now, one thing I have never read in here is what about all of the approved projects. So, the Shelburne South traffic that's hitting that road, it wasn't included in this traffic study. The Brighton traffic, it's not there. Albertson's. It's not calculated on this road. So, as bad as this subdivision is going to be, all that other stuff is already planned. Just like the schools, we saw that the number of students is greatly over what was anticipated by the Council and what was pulled by our planning. Now, you guys can only base your data -- or your decisions on the data that's given and in looking at this I think one of the guys said here -- and it's true -- one is using .7 children per single family household. Not too realistic in my opinion. It may be some national numbers, but it's not really realistic for here. As Amy Johnson said when you are talking about one child per ten units of multi-family, that doesn't sound very reasonable, unless those are being restricted to just a single bedroom unit, which I don't think is occurring here either. So, you are looking at impacted schools, you are looking at impacted roadways, because we are not capturing that data for the city planners and the commission should be doing that. In addition to this, I just noticed on one of the slides here that Amy the second brought up, which I think was really telling, is that as you are going down Hillsdale Road and you see where the sidewalk ends, there is a bike lane, single white line going down there. As soon as you get to that house and the sidewalk disappears, that white line turns into a dotted white line, so traffic is going to be merging into that lane that you are merging children into, because there is no sidewalk there and that's going down a hill to turn into the school. So, if you look at the, you know, Page 59 Meridian City Council Item#1. November 16,2021 Page 56 of 81 picture again you will see that and that's all I was wanting to say. Take into consideration all of the future planning that's already been approved, in addition to the project that's before you at this time. Simison: Thank you. Just a comment, so that -- those numbers that were mentioned, those are local numbers. We have been working with -- we work with the school district to establish those numbers based on real numbers. They used to be 1 .3 citywide. So, you recognize that is a citywide average, that may or may not reflect where -- what will happen in this area, because some subdivisions generate a lot more children than others, where others don't. So, just so you understand. We do update those numbers on a regular basis and those do reflect community averages working with the school district. They are not national base numbers, but -- Council, any questions? Johnson: Mr. Mayor, next we have Melissa Phillips. M.Phillips: I was starting to wonder if I even put my name in to talk. All right. My name is Melissa Phillips and my address is 4140 East Rockhampton Street in Meridian. Regarding the Centerville Subdivision, I feel we need more details on the elevations and fencing. The slides that Becky had to rush through at the end. But those things are important to me and I wanted to address some of those things. I have concerns with the aesthetics, safety, and livability of the homes, which are all items in the Comprehensive Plan, as I will show you. In the past year and recently I have been driving around other CBH subdivisions just to kind of get an idea of what to expect and this is at Union Square. It's in Boise, but the subdivision has these townhomes and I immediately noticed the exposed gas meters and the driveways and I thought that was a safety concern for accidental vehicles hitting those. There were some that had landscaping, which I think helps, but, then, it reduces the size of the driveway by not much, but when your parking is an issue it can be a lot. The livability, quality of life, health and happiness of residents in Meridian is important to me. I know I personally enjoy sitting outside on the patio with our great weather. With townhomes and the single family homes with the alley driveways you don't get those patios. I did find this neighborhood that has patios available for the R-15 homes, but they are only on the end of the street. So, one on the right and one on the left and I see one it had shrubs to try to provide some privacy and, then, one, obviously, they didn't use it. I also have a concern with the lack of covered patios that CBH puts in their homes. All our surrounding neighborhoods have covered patios. Obviously, on the left we have CBH homes with covered patios, on the right we do not and my concern is that when residents are looking for that place to be outside and hang out they are building structures are using those shade sails, things that aren't as aesthetically pleasing. I think the covered patios really elevate the look of a home and that would help just make it look like the surrounding neighborhoods. Fencing. I heard Becky say real quick about iron fencing, so I am curious to learn more about that, but in these R-15 homes fencing is not put in. There is a temporary fencing there on the left, which doesn't match the fencing across the street in the R-8 homes and, then, in the center here -- this is just one example of many pictures I took where people have their personal belongings between the homes, which lends itself to theft and I worry about people coming in and looking for those opportunities. Obviously, exposed trash cans as Page 60 Meridian City Council Item#1. November 16,2021 Page 57 of 81 well is not aesthetically pleasing. On the far right this is the same neighborhood, but across the street in the R-8 homes and this house has been here for almost seven years and they still have not completed their fencing. So, I wonder what the HOA-- the builders HOA rules are for that. I do think it's important that we, if we can, have them include the fencing with the home built and not put it on the buying resident. This was just an elevation. I appreciate it. I like the varying roof lines, the stone on the front, except the back doesn't have the same aesthetic appeal and this was the last slide is that in that Union Square Subdivision on the right you see they have -- I don't know what it's called specifically, but the inset parking lots and I really like that idea, because it takes the parking off of the streets and I also noticed there for every nine homes there was nine parking spots, which whether or not that's enough, it was a one to one ratio. On the left I have a screenshot of just a little bit of Centerville. There is nine homes there and only seven parking spaces on the street and, then, my biggest concern -- I have four kids. My concern is always their safety. I worry -- even though those parking spaces are inset there for Centerville, they still hide children. So, when kids are playing and they are on their bikes and families are going for walks, cars hide children and that worries me. So, just ask that you deny the Centerville Subdivision at this time. It needs time to improve the density, the safety, the aesthetics and the overall quality of the project. Thank you for letting me continue. Simison: Thank you. Council, any questions? So, that's everyone who has signed up in advance that identified they wished to testify. We did have a few other names that put their name on the list, but they did not indicate a preference to testify, but if you would like to provide testimony at this time, please, come forward and state your name and address for the record or if you are online and you would like to provide testimony, please, use the raise your hand function. It's looks like the --we already have one person who has already testified before. Yep. Come on up and you are good to go. R.Prestwich: Mr. Mayor, City Council Members, my name is Rebecca Prestwich. I live at 5249 South Bleachfield Avenue in the Hillsdale Creek development and Bleachfield is the street that is intended to connect to this development, as well as Macumbo on the Rockhampton side and Bleachfield is an odd street to me, because it starts out at Hillsdale with a name and it comes in -- I think it's Auckland at that point. It turns to West Lachlan. It's still the same street and it continues around and becomes Bleachfield. So, it kind of just weaves in like that and, then, it connects directly into the Rockhampton development. So, my concern is is that we have a neighborhood with children playing all of the time on the streets and according to the TIS it's expected that there is going to be somewhere around 200 to 220 cars a day traveling down that street, whether they go to the school or whether they go out Rockhampton over to Cloverdale, that's a lot of automobiles and would like you to just ask yourself if you lived on a street that had over 200 cars driving down it each day if that would be a street that you would really want to live on. Especially when you are in a community where the children are playing on the street. Where are those children going to play? Because it's a very protected area. There is several questions I want you to -- I want you to ask yourself. Forty acres of land, 219 individual households, and based on the numbers of two point -- well, almost eight people per household, that's 613.20 people living on that small acreage. Now, in the entire Page 61 Meridian City Council Item#1. November 16,2021 Page 58 of 81 community of Hillsdale Creek, which is about three times that big, there is a -- there is about that many people and only 125 households and it takes about three-quarters of -- of Rockhampton to make up that amount. So, when you are thinking about whether you want to send this plan back to the developer or whether you want to approve it, ask yourself does this plan truly fit seamlessly into the adjoining neighborhoods? And are the transitional buffers adequate and allow a seamless integration into the neighboring communities? Will the approval of this project protect the existing residents property from incompatible land use? And does the development protect the private property rights and values and mitigate against the incompatible uses that are possible and, lastly-- oh, good thing I'm on lastly. The mention of Discovery Park has been often as that it being the community park for us to go to. I have five grandchildren that live in this area and that's why we are here. Been taking my grandchildren to that park since it was first developed. We now have to -- I have -- we have two Tittles, four years old now. We now have to leave the park, because it's so overcrowded and the big kids bump into them and hurt them and so it's become a park that we can't use very often and from the corner of Amity and Cloverdale that park is 2.7 miles away. It's not on a walkable street in any direction and I appreciate the opportunity to speak with you and I thank you for your listening. Simison: Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Good news. Phase two of the park is in planning, so it will be coming in the next two years. So, look forward to that, because there is some neat things happening. So, I have a question and it's not specific to you, it's -- it's really all of the members of the community here that -- that have stated concerns about density, about proximity of the homes to larger lots, about transitions between the properties. There is 79 townhome lots that are proposed and in general there are fewer residents that live in a townhome or an apartment than there are in -- in some of the larger homes in the Hillsdale area. So, average home in Hillsdale let's say is 2,500 square feet, you are probably talking about at least four people in -- in general in one of those homes, where you may only have two people that live in the townhome. So, is it -- is it -- is it the number of people that is the concern or is it the -- the proximity of the homes to one another for line of sight reasons or aesthetic reasons? They are very different things to me, because you can have 79 townhomes with two people or you can have half of that with four people in each home. It's the same number of people and the same number of vehicles, it's just I guess I'm trying to get a better understanding of-- of whether that -- if the issue is really the number of people or if it's how it looks or if it's concern over property values and you don't have to answer that for all of your neighbors, but if you have anything to share about that I would appreciate it. R.Prestwich: Thank you for asking me that. When this -- the Centerville Subdivision was first proposed I spent a considerable amount of time looking through the Idaho statutes, studying the city codes and also the Ada county articles of organization and their codes Page 62 Meridian City Council Item#1. November 16,2021 Page 59 of 81 and what I really embraced about it was the idea of -- of transitional spaces between developments where you had walking spaces and places for people to go. The wide avenues in the neighborhoods and you had open -- it felt open and it felt large and if you were to go drive into -- down Hillsdale, excuse me, and into Century Farm you would see there is grass and sidewalks and it transitions and even from the school to Century Farm there is a large transitional area and everywhere you go there is those transitions. This development does not provide transitions. I think it was Melissa who showed you the pictures of Union Square. I, too, went out to Union Square, because it's very similar to the proposal that they have made for Center -- for Centerville and the objection is -- is there not enough open space. There is little strips of land and they get to take that and they need -- and they can say, oh, that's space and we can aggregate all the space together and it's six some odd acres, 6.2 or whatever she said, and that's the space that people have to spread out in and to enjoy their walk on and so they are not going to stay as much in their community as they are going to overflow and try to go to places where they have more space, especially with families and it's not that townhouses have less and houses have more, I would differ with you on that, because my neighborhood is full of many retired people and so is Rockhampton where there is only two residents in each house. But in Century Farm many of the families have two, three, four, five, six children and they need space and if you have got little boys you know how that is, you have got to have someplace for them to run and to play. So, it is, it's about not enough transitional space, it's not -- it's about not enough separation. You know, a common back fence between Centerville and Hillsdale Creek is unacceptable. There should be a large area, completely-- even around Rockhampton, they deserve the same treatment. So, it's about having the space that's what I love about this community, it's about having places for families to spend time, because that's what Meridian is all about is family and it's about enjoying the community and the neighbors and I don't have an objection to growth, none of us have an objection to growth, but when we read the plan and we read all of these things that the government has spent thousands I would think -- hundreds of thousands of dollars on -- in creating, we have an expectation you -- you listened to the community, you created this plan, and that's what we were going to get when we moved here and I used to say, oh, I love Meridian. They listen to their citizens. I love it for that reason. But I don't feel that way anymore. Having gone through this process I no longer feel that we as citizens have been listened to the way we should and I don't know where the disconnect is, but we all feel that way and if you would hear what everyone's saying is people who are worried about whether there is going to be enough water, they don't think they are listened to and it's a disappointment, because I don't think that you individually feel that way. I think you feel that you are listening to us and I think that you want to provide us with the best community that we can possibly have and I know from your hearts that that's what you want to do. But we get up here and we speak to you, because we want you to hear that there is a disconnect and we are not communicating it and I appreciate the time to speak with you and I hope that you all have a good evening and thank you for spending so much time us tonight. Simison: Is there anybody else that would like provide testimony on this project this evening? I see nobody online. So, would the applicant like to come and provide final comments? Page 63 Meridian City Council Item#1. November 16,2021 Page 60 of 81 McKay: Thank you, Mr. Mayor, Members of the Council. Becky McKay. I will try to address some of the comments. One of the things that I, obviously, want to stress is the fact that a lot of effort and time and money goes into your Comprehensive Plan and your land use map. I have heard a lot of comments that this project doesn't comply with the Comprehensive Plan, it doesn't match the land use map and that is just not the truth. It is just not. When we have medium density residential designation and mixed use residential designation and --and we are coming in exactly with what your staff has guided us to create what we call a balanced community, then, I don't think we are an error. The comment was, you know, this -- this shouldn't be here. Well, this is an in-fill property. It's developed all the way around us. Nobody's put any open space to the east of us. Nobody's put any open space to the south of us, but I hear comments that we should be. Can I go back to my -- Joe, can you pop that back up if you would? The comment was what is the distance between the townhomes and the -- the homes that are there. One of the things that I did is along Rockhampton I matched them lot line for lot line. Every single lot line here -- oops. Give me time here to get -- there we go. As you can see, every lot line for lot line I matched. Their lots are 80 feet wide. Mine are 80 feet wide. They have lots that range from 9,600 square feet to 11 ,200 square feet. I have lots that are 9,700 square feet to 13,000 square feet. So, to say that I am not compatible, that made no effort whatsoever to match their boundaries and their types of lots is incorrect. I did the same thing along the east boundary. Our largest lots around the east boundary range from 9,100 square feet to 1 ,300 square feet and a lot of the residents in Rockhampton, who have lived there for a very long time, thanked me for that transition and as you can see we transition our zones. We layered our zone, our R-8 and our big lots that adjoin them and, then, we transition to our smaller lots. I have lots that are 90, 85, 80, 75, 64, 36. We have a variety of lots and as we go to the interior of our development they got smaller. As far as these townhomes, the question arose what is the distance. The distance from ours -- this is a collector road. I'm not backing these townhomes up to a home, I'm backing them up to a collector roadway that is a lower elevation. But the distance between my townhome and if this house sits at the 15 foot setback, will be 165 feet. I will be 90 feet from the rear of my townhome to the edge of the sidewalk. I mean it's -- we have -- we have dumped out 33 percent of our density. One hundred and eight units. The Planning and Zoning Commission was absolutely impressed and shocked and said, you know, I don't think we have ever had a project where the developer willingly dropped out 180 units or 33 percent of their density to accommodate us and the neighborhood and we did that. And as far as employment, how many jobs are created in Rockhampton? Zero. How many jobs are created in Hillsdale south of us? Zero we are creating jobs. We are creating neighborhood commercial. That's what the whole -- the -- the flex space if you look at the definition it's retail, it's office, it's small to medium business owners. It is the ability to -- to have different uses within one building that are accommodated. We have talked a lot about traffic. We were going to generate 2,600 vehicle trips per day. Well, with the changes we got our vehicle trips down to 2,055 for the daycare and all the residential, 2,200 with the flex space. If you look at the trips generated I will generate more traffic if I put single family dwellings on this whole parcel. They generate 10.22 trips per day. So, my 124 single family dwellings are going to generate 1 ,2167 vehicle trips per day total at build out. The townhomes, 6.4. The four-plexes, 5.4. The flex space only 148 trips per day for the whole Page 64 Meridian City Council Item#1. November 16,2021 Page 61 of 81 complex. The daycare is 194. So, what we have done is we have lower traffic generators. The question came up about supporting projects further south and east. We -- we plan on the signalization of this intersection. You asked -- you have asked me before what are you going to do to mitigate. We are building a signal. We are building turn lanes out on Amity. We are not building turn lanes on Hillsdale, as one woman was concerned about. We are putting in one of those rapid flashing devices at the location of the school district. I have been dealing with the school district and I guess if -- if Ms. Johnson wants to come and testify on every single development project, I would be happy that she would do that, but to single one project out and say that this project is different than any other, because I have been dealing with her staff for a year now on this project and doing everything that I can to try to make sure that we are generating the lowest number of kids that we can. Councilman Perrault made a good point. Townhomes are typically occupied by a husband and wife. Empty nesters. They are occupied by seniors. We don't see the same generation of kids coming out of townhomes or out of four-plexes. Single family dwellings we do. We see larger families. I -- my kids -- I had three kids and I lived in the West Ada School District since 1987 and since 1987 we have had the same discussion. About bonds, capacities, and impact on our schools and what can we do and I have voted yes on every bond since 1987 and I have lived in the Treasure Valley for 58 years and I have done everything I can to help the district. I have incorporated five elementaries into my projects, two middle schools, and Mountain View High School. Mountain View High School was in my project. We brought sewer across the freeway, because there was no sewer there. I had to get easements from residences to let me take Meridian sewer and we paid for it to get it through their yards and south across and bore the freeway. So, have been fighting for West Ada school kids for -- for -- since -- since my career started 30 years ago. They are saying that we don't fit into the surrounding neighborhoods. We fit in. We have a diversity of residences. A diversity in uses. That's what your comp plan says. That's what it requires that we do. I have a variety of lot sizes. I went through your comp plan and I'm looking at the goals and I'm looking at everything and -- and it's saying, well, gee, you know, you need to have a variety of housing -- housing types. You need to have townhomes in the mixed use neighborhood. We want townhomes. We want multi- family. We want commercial -- neighborhood commercial component. I'm doing exactly that. What we are doing here isn't going to affect wells that are 50 or 70 feet deep, just as Councilman Hoaglun said. Those shallow wells -- some of them are drying up as we take out of production the agricultural land that has been flood irrigated. This particular project is going to be hooking onto the City of Meridian's central services you have got 12 inch water right in front of me in Amity, 12 inch water in Hillsdale, and your sewer line is right in front of me. All utilities are here. I'm in the priority growth area and this project fits perfectly with your comp plan. As far as the elevations and the fencing we are going to be doing wrought iron fencing we are going to be doing vinyl fencing. I have -- I have 18 and a half percent open space in this project and 15 and a half percent qualified open space and they are telling me, well, what are these kids going to do? Or, gee, what are they -- I'm -- we have got pickleball. We have got two playgrounds. We have got a pool facility. We have picnic shelters. We have pathways. We have so many amenities in here and the one thing that I wanted to do is to compensate for the townhomes and put them on open space. They are on a smaller lot, but I'm putting them on open space. Your Commission supported this project. Your staff supported this project. This is a good Page 65 Meridian City Council Item#1. November 16,2021 Page 62 of 81 project. I tell you what, we have spent more time on this than any project I have ever worked on to make sure it's the right project in the right location and to bring down the number of trips and the impact and have convinced my client to, like I said, get rid of 108 units. I don't have one apartment building in here and I think we have got a good project and I'm asking the Council to support it. If you can't support this, then, I think you can't approve anything south of 1-84, because it's going to generate a trip and it's going to -- it might generate a kid and, I'm sorry, but we are always behind the curve and it's been that way for 30 years and what we can do to improve the safety out here is what's important and this project deserves approval. Thank you. Simison: Thanks, Becky. Council? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe a quick question for you, Becky. Becky, when you -- when you come before staff in these pre-application meetings -- because I think your point is well heard about the time, the financial investment to get a project before the Council tonight is no small feat and so when you meet with staff do they bring caution to you about the roadway challenges and the school impact, so you are aware of that before you ever submit? McKay: Mr. Mayor, Councilman Cavener, yes. Those were discussed in length and I did -- I did multiple pre-application conferences on this project talking about those very issues. Cavener: Okay. McKay: And that's why we have to put the light in with the first phase. That's why we agreed to put in the rapid flashing safety crossing. It was not a condition of ACHD. It was not a condition of the city. We wanted to be proactive here. Cavener: Okay. Thank you, Becky. I appreciate that. McKay: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: There is big issues -- big topic issues that were discussed, but one of the more narrow one was the sidewalk and the crossing, which I failed to recognize. One member of the public showed a good picture that by encouraging the crossing it, then, goes dead end, asking kids to effectively merge into the street where traffic is. So, why would we want there to be a crossing there, as opposed to staying on that same side, going south and crossing closer to in front of the school? In light of the sidewalk gap. Page 66 Meridian City Council Item#1. November 16,2021 Page 63 of 81 McKay: Mr. Mayor and Councilman Borton, I have been out there at least on six or seven occasions at different times of the day watching what happens and what I was told by Ada County Highway District is there is a single family dwelling -- Borton: Right. McKay: -- that sits right there. The City of Meridian -- and what I was told by ACHD, the City of Meridian and ACHD, they took -- they -- they owned it, too. Said that they allowed Brighton to not construct sidewalk along the frontage of the existing home and the person that lives in that home has a life trust and that it would not be altered in any fashion until such time as that person either passes or leaves and so there is a gap in the sidewalk. So, my question was -- and some of the residents brought it up at Rockhampton and they said, hey, why don't we put -- if you are going to put a pedestrian crossing, let's put it here. Well, I met with Marcy Horner at West Ada. I talked to Joe Yochum. I talked to -- met with Ada County Highway District and what I was told was they already have a flashing light right in front of the school and that the kids from Rockhampton run across the road and don't come down the sidewalk and come across where they are supposed to and that even though there is a rapid flashing light, they still have to man it and they said -- the principal told Marcy Horner that sometimes they have had somebody man -- man it here for crossings, but they dictated to me that they thought it would be safer to have the crossing here, which, then, would allow the kids to go to the Y and, then, they would have to -- obviously, to reverse the existing residents. I can't solve that problem. It was something that was allowed, which in my opinion should never have been allowed. I have never had an out-parcel house that was part of my project that we did not construct sidewalk across, because you are creating a gap in the pedestrian network. But it was allowed. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Becky. That to me is absolutely shocking. McKay: It is to me, too. Strader: And frustrating. I just want to say that and I hope we could look into that, because that's not right. McKay: Yeah. I -- Mr. Mayor, Council Woman Strader, I -- I brought it up at the highway district. I said, you know, what -- what can we do to solve that and, you know, could -- could we build sidewalks across there and they said, no, that was part of Dave Turnbull and Brighton's deal and it's a living trust and we can't -- we can't touch it and, then, at Rockhampton their sidewalk just stops and, then, they have landscaping. So, I'm going to have -- they -- I asked ACHD how did that happen? How -- why did they not extend their sidewalk to their north boundary and they said, well, we don't know, they should have. So, we have to do that to make the connection to the Rockhampton sidewalk. So, Page 67 Meridian City Council Item#1. November 16,2021 Page 64 of 81 there were some -- I guess errors that have taken place. I'm trying to fix them. I'm trying to mitigate them the best I can. Simison: Council, any further questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I have got a question for Kristy with ACHD, but I also would want to give Becky a chance to respond. Is now the appropriate time? Simison: You bet. Cavener: Great. Kristy, if you are still on and what feels like yesterday, Ms. McKay was talking about some of the planned roadway improvements in and around this neighborhood and I'm just curious if you can comment on that. I know there has been changes and delays due to some budget challenges. I'm just curious if you could give the Council a -- kind of an update about where those roadway improvements are coming and when? Inselman: Thank you, Mr. Mayor and City Council. Yes, I am still on and it does feel like it was yesterday. Yeah. So, we are in the process of -- it's kind of an extended adoption of the integrated five year work plan this go around. So, we had done an initial draft and, then, a budget was adopted in, in essence, the funding that we had anticipated when it was first developed was not what was adopted and so about 60 million dollars worth had to be cut out of the program. So, it was redone as quickly as we could and put it back out for public comment, but what we did here in both public comments that we received on the initial, as well as this one, was that Amity was a --was a priority corridor. With regards to the public, we heard a lot from the public that Amity needed some improvements and widening to three lanes. So, we did and, then, we held five work sessions with our commission and that was also addressed with the commission, then, as well that Amity was a priority and so there -- there are some segments that did accelerate. Becky's correct. Our CIP did have them originally forecasted for further out. But, again, that's always dependent on development and when that occurs and how quickly that occurs. So, currently in the draft plan we do --we did accelerate the segment of Amity, Cloverdale to Five Mile, for design -- design '24, right-of-way '25, and construction in '26. We have not accelerated Amity, Eagle to Cloverdale, yet, but it is in the program for design in '26. Amity is a difficult corridor as well, because it is an existing deficiency. So, those aren't impact fee eligible. So, those would come out of General Fund, so those come out of -- out of a different source. So, those are harder to accelerate. So, I hope that answers the questions. We do have -- I mean as you know the Eagle Road corridor is finalizing that construction and we do have the Amity and Cloverdale roundabout. Also in for construction in '26, along with the road segment. Cavener: Great. Thank you, Kristy. Page 68 Meridian City Council Item#1. November 16,2021 Page 65 of 81 Inselman: Of course. Simison: Council, any other questions for the applicant or Kristy while she's there at this time? Okay. McKay: Mr. Mayor, if I could just make one last statement. Our gross density is 6.01 dwelling units per acre and that -- and I backed out the commercial area, so it did not skew it and in the R-15 that we are requesting our density is 7.44 and in the R-8 my density is 3.45. So, as you can see I'm half of what -- just about half what could be -- would be allowed at the maximum allowable density. So, I am not pushing the envelope here at all as far as what I brought before you. Thank you. Simison: So, Council, I'm assuming you are going to want to leave -- this open until you get to a certain point? I will just stay here in silence until you all are ready to start talking. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A lot went into even getting ready for today. There was over a hundred letters from over a year ago, even before the application was submitted, so we have gone through all of them in preparation and tried to kind of map out the common themes among all of them. Much more input than a lot of the applications that we normally see. So, that -- I anticipated that hours and hours of prep work to flow over into today and the great comments that we heard from the public that took their time to show up here and testify remotely, as well as live, so thank you for doing that. That's a big part of all of our considerations. So, that, coupled with tracking the applicant -- and Becky does fantastic work. She has been doing good work in Meridian for many, many, many years -- require a lot of work, from my perspective, to try and balance -- and first understand all these considerations here, really strong considerations. Much broader for me than fence lines and pathways. These are bigger policy considerations that I found the public bringing up, traffic, school safety, school capacity, these are some of the more macro issues we deal with. So, it just, frankly, took a lot of time. A lot of thought. And I have sat mostly quiet here trying to listen and correlate what's been shared with what we received in writing in advance and to give that more thought and my initial reaction in hearing the finishing of the -- the applicant's remarks, it's not a clear cut, obvious, answer for me and that may not be the most popular, but this one is -- this for me might require some more thought and -- and not to receive more information, but to consider what has been shared and to think about it. It's 10:00 o'clock now, we have been going for a little while. No one's in a rush. So, that's my initial reaction, honestly, is to think about it a little bit. The hearing could be closed, but I think the applicant's brought up really sound points. Principles such as -- you know, the land use designations don't equate to a specific zone; right? So, that principle is not -- we see it all the time and Becky sees it all the time, but it's a -- it's a unique principle that, you know, a mixed use residential land use designation is not a zone and it doesn't correlate directly to a specific use; right? It has a variety of types of uses and commercial is one and so is residential and where is that blend. I could Page 69 Meridian City Council Item#1. November 16,2021 Page 66 of 81 understand how the neighborhood struggled with that principle and where that line is drawn and how -- how much should be commercial and how much shouldn't and -- and the types of residential uses. I thought there was great discussion in advance of today on that type of issue, but there is nothing about the --the requested zone that is technically deficient with what's in the future land use map; right? The requested zones fit those areas. It's more of a policy consideration of whether or not it's enough commercial versus residential or should the mixed use residential land use map incorporate a little bit more -- expand, you know, provide more commercial in this overall project than residential, which is more of a policy consideration than a -- than a technical code compliance. That just -- it's just a long winded -- long winded example of why this one is -- it's challenging. I thought all of that discussion was really good and very helpful. And I forgot your name, ma'am, but-- but I'm looking at you right now. In the back. Because you made a comment that -- that -- yeah. It really hit home and -- and what I would hope you take from this hearing and any other time you ever testify is all seven of us absolutely listen. There may be times since -- in different applications where there is a disagreement and that's going to happen. But I don't want anyone in this room or watching to ever get the impression that we don't listen and try and give some thoughtful consideration. We are balancing a wide variety of interests. Some of those might be more broader than adjacent neighborhoods. You know, that might be a very valid concern among many. So, I just hope that even if there is disagreement you will at least feel that we are really working our tails off to listen and try and incorporate those concerns and considerations into trying to make a thoughtful decision and understand if there is somebody that's perhaps upset at maybe every decision that gets made, but -- but it's not because it's a lack of -- of caring and listening and we would say that to the developers and landowners who are taking massive risk and spending enormous amounts of money just to get to this stage of the process. We are listening to them as well and we are listening to their considerations and we don't agree with -- with them as well all the time, so as long as you are left with that -- that's -- that's my hope that -- to the applicant as well, that we truly, sincerely listen and try and make the right decision. So, all that being said, Mayor, I'm -- I'm providing this deep context, because I'm not necessarily comfortable right now. I will listen to -- to my friends up here on the bench and see what everyone else says, but I don't have an abiding conviction one way or other on this. I would like to give it more thought. So, that's sort of where I -- where I'm at after doing all of this work. Before today and including tonight. Simison: Are we at bench because you are in your quasi-judicial role today? Borton: Kind of. Yes. I mean we are sort of sitting up on a bench and -- anyway, I just appreciate -- I thought I would share where I'm sitting right now. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm happy to chime in. I -- I appreciate Councilman Borton's comments. Perhaps an application like this is worth chewing on for a little bit longer. I will share a couple of thoughts at least where I'm at, maybe if we want to get at least a conversation Page 70 Meridian City Council Item#1. November 16,2021 Page 67 of 81 going. I really -- there is a lot of things about this project I -- I really like. I think it does meet the Comprehensive Plan. To me this screams of like a project that Becky McKay would bring forth. Super thoughtfully put together, taking into consideration neighbors and, you know, I think Becky talked a lot about matching, you know, lot lines to try and have as low of an impact on the neighbors as possible, which I -- I really appreciate. The amenities are -- I think are really, really fantastic. This -- Becky asked the question about, you know, residential in south Meridian, if we should be saying no, and I think one of the things that we have really benefited as a Council is we have received better data. I think of the letters that -- you know, that we received from the school district eight years ago that basically just said here is what we think the student population is going to be generated from this application. We have got better data today and it's getting better every week. You know, I heard the frustration from many of the neighbors about the .10 students per multi-family. I know -- I think all of us on Council when we first have heard that have scratched our head as well. That's data that we received from West Ada and -- and I have struggled with that as well. To me the data, the impact on our streets and roads and our schools, in such close proximity to this project to me -- I can't be supportive. As much as I love so much about this project, there are just too many other impacts and, you know, Becky, I know that you have been a huge cheerleader and a huge champion of getting schools built in our -- in our community and I think that it's the fact that things have changed and the way that we have relied on schools to be built in our community has changed. We can't expect the district patrons to come in year after year and build all these new schools. As we get larger there is going to be less desire to do that. The way we are paying for our streets and roads I think has got to change and until I think that we have got a better plan in place to plan for schools to accommodate the students that these neighborhoods are going to generate, I'm going to be really hard pressed to be supportive of--of any residential application that is driving more students into a district that is growing by leaps and bounds and in this part of town that is so severely overtaxed when it comes to its schools, I just can't in good conscience be supportive of adding more students to those schools. So, I'm happy to continue the conversation. I'm happy to continue to weigh, but I can't see a scenario where I'm going to be supportive of approving this project, as much as I love it. Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor. Yeah. I want to address one comment, because I thought it was very insightful and I -- and I completely understand it and I think it was you, Rebecca, who had said, you know, where's the disconnect and it's something I have had to come to grips with. The disconnect that I see, that I have had, is -- is the fact that single family homes are not what I live in and what people can afford anymore. Heck, I can't afford the house I live in now with the property I have. I don't make enough money. I wouldn't be able to -- to afford it the value has gone so -- so high. So, when my kids go to look for a house now it's not going to be like the house I have and that's the hard part, because that's not Meridian, that's not where I grew up. We had big yards. We have a nice home. You know, we have space and it has changed and that I think is -- the disconnect is coming to that realization that it is different. Now, it doesn't mean it has to be bad and we don't want to accept poor quality and that's why we have done things like increase open space Page 71 Meridian City Council Item#1. November 16,2021 Page 68 of 81 requirements for when there is higher density and those types of things. So, I just wanted to share that thought with you, because I understand it, because I have had to wrestle with it and especially up here, I see those tall skinny things put together, put together, put together, I'm like, oh, man and, then, they are approved, they are in the right zone and everything. That's not Meridian. But it has changed and we may say, well, it's changed for the worse, but at the same time the economics -- that's the situation we are in and we have to look at people going it could be that checker who is going to be working at Albertson's and she is married to someone who works for the City of Meridian and that's the most they can afford. They want to buy a home and that's going to be it. It's not going to be what -- what we are in and so that's -- that's the hard part. So, I hope -- I hope that helps on perspective, because it was -- it was a good comment and it was very sincere and I appreciate that. That workforce housing is important and so that's why we look to these mixes, because we just have to -- we have to get people -- I love homeownership. It's still the way to go. But there are different levels now, way more than we ever used to have to worry about now. I think Joe touched on something when he had the macro comment. This -- this is bigger. I wouldn't be comfortable turning this project down and I also would be uncomfortable approving it, because as you pull back we are now faced with -- I look at schools. I mean there is -- there is fire, we have got a plan in place, we are going to be building a fire station out there. It's a couple -- couple years away, but work has started. But our schools, as -- as I consider that and I had the comment earlier about growing up in this community and there is always that pressure, always that pressure and previously we have been approving developments, looking at school numbers and say we can bus them here and this school is way down, so we can bus them here. You know, in a free market if people don't want their kids bused -- bused, then, they can look elsewhere. But if they are fine with that they can --they can live there. We allow that choice. We don't make that decision for them. But what Amy Johnson, the first, shared tonight kind of-- it kind of changes that perspective of basically we don't have any-- anywhere else to put them and that is disconcerting. That's -- that's the tough part, because is this the tip of the spear, then, in south Meridian or elsewhere? Because if we take what really has turned into a very good project, you have done some very good things and listened to the neighbors and done some things to make it work, but yet if we are still faced with that choice and can't -- and go we can't approve it, that means anything else that comes before -- the consistency has to be there. We can't say, well, you know, not this one, but this one's okay. No, we are going to have to be consistent about it and I think for me that's the difficulty, that realization -- are we to that tipping point where because of impact on schools are now so great we -- we have to kind of pull back and that's --that's --that's a --that's --that's a big thing to chew on, because that is a changing dynamic for Meridian and for our work and for the housing needs that are out there and -- and it impacts you. You think, oh, great, if they pull back that's great. Hey, they are still moving here. Demand keeps going up. Those home prices keep increasing. You are going to be living in a million dollar home and go why am I broke, you know, and the property taxes keep going up, even though we do what we can to reduce them. So, there is -- there is that balance there and it's very hard. So, for those of you that this is your first Council meeting, I hope it gives you some insight what we get to wrestle with every week. Maybe not to this degree, because I think you are the tip of the spear where that Page 72 Meridian City Council Item#1. November 16,2021 Page 69 of 81 realization is now -- uh, maybe we have reached that point where something can't be done, so -- I -- I don't know. I really don't know. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I really appreciate the discussion this evening. After going through the --you know, my notes and going over all of the public testimony, written and audio, that was provided to us prior to this meeting, which, like Mr. Borton said, was hours and hours of studying and reading. I knew that tonight's application was going to be difficult, especially given the recent election that we just had and -- and I knocked on a lot of doors and I heard a lot of people and concerns all across this great city. I -- something we struggle with a lot -- you know, I -- I -- Becky, your design was thoughtful, especially around the perimeter of this application. I mean it's -- it's rare. Seriously, I -- I -- I dare anyone in this -- in this room to look back at an application where someone like Becky has exactly aligned property lines with existing developments. I'm sorry, that just doesn't happen. If it does it's extremely rare and it's very thoughtful. Are there tweaks that I would make to this -- this application? Sure. Does it make it a terrible application? Absolutely not. But things -- you know, things are changing in our community and whether you like it or not, there is some deep, deep rooted policy decisions that need to be discussed and -- and that's no fault of anyone. It's no fault of the development community. I mean you can yell at the development community -- I mean I -- my -- or opponents that ran against this -- this -- this -- this last campaign season, you know, said multiple times that, you know, we pay too much attention to the developers. I mean -- and that's just honestly not true. It's not true. What Mr. Borton said this evening -- we spend a lot of time going over this and listening. It's just a fact. But the point of the matter is is that those who are thoughtful and those who pay attention understand that the real deep rooted policy discussions that we need to have and they are related to our schools and they are related to our roads, two things that, unfortunately, the City of Meridian we don't have purview over, but we -- thank goodness we have great relationships with these partners, regional partners and -- and they are just discussions that we need to have. At the end of the day what makes this decision hard, along with public testimony and what's been discussed this evening, because I don't disagree with what was stated tonight -- is consistency and to me that's a lot easier said than done. But, you know, our development community spends a lot of money on these things and -- and the reason why they do is because they expect -- they can only look back and say, okay, well, this is what code is and this is what the direction of the city has been going and they make decisions according to advice given from staff and past applications that have been heard before us. But the issue -- the conundrum that we are dealing with is now you have to add on the issue --the deep policy discussions that we need to have with the schools and the roadways and so I agree with my Council Members, this is a tough one. This is so hard. And -- and I think it boils down to more discussion and I think that, you know, the public deserves this and I also believe that, you know, the development community deserves it as well and at the end of the day -- well, stop with one. You know, we are talking a lot tonight, but you can be -- and it's because we have so much on our -- on our shoulders and our minds, but our state legislature Page 73 Meridian City Council Item#1. November 16,2021 Page 70 of 81 needs to do a better job with how they fund schools and that's just -- they just need to -- they just need to -- they just need a real deep look at this issue, because it's becoming a huge problem. We have citizens in our state that can't afford their homes. If you look at -- I mean your property taxes -- I believe in the -- at the city's perspective you are getting a big bang for your buck, but most of the taxes you pay are for your schools and some of you -- I look out here -- don't even have kids that go to school and so it's a real tough pill to swallow and it's really a huge issue and I think I call on our state legislators, especially the ones here in Meridian, to really take a deep dive into this and figure it out, because it's becoming a major problem, because people can't afford their homes. I won't talk about ACHD. Those are my thoughts. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I can give some thoughts and probably along the lines of what some of my fellow Council Members are thinking. You know, the problem of the balance and what we are trying to do is we have just two really opposing problems at the same time; right? So, I just read an article, you know, based on the income here we are one of the least affordable housing markets now in the country. We have a massive housing affordability problem and I hear a lot of people move here and they are like don't turn this into California. Let's not import the problems that they have over there. Well, a big problem they have over there is they just didn't build enough houses. That's a big part of how they ended up with that problem. So, I firmly tend to error on the side that in the market we are in, with the amount of people moving here, we need to build more houses. But, you know, on the other hand, I think we received some pretty stunning testimony from one of our school trustees that this is different. Up until now they have moved their boundaries and my understanding was they have continued to adjust them and that they had capacity, but the testimony tonight sounded like we are at a game changing moment where we need to change how we look at things or the framework through which we are looking at development. I -- I think this development did a good job at transition. I think it -- overall when it was revised I think it did a better job of meeting the goals in the Comprehensive Plan. The -- I think overall the development is not a bad development for this part of the city. I don't think it's appropriate to put a huge amount of apartment buildings here. I was glad to see that they changed that, you know. So, I think where I'm at-- I think if I approved this one it might be like one of the last ones I could approve in south Meridian, if I'm being honest, without having a deeper discussion on what's our plan for south Meridian and maybe we need to look at our priority growth areas framework and maybe the priority growth areas needs to adjust based on school capacity. Maybe we need to have some creative discussions, like far -- farther reaching discussions than this one about, you know, how to handle building permits if we, you know, have really limited capacity in our school system and no way to get more. I don't think we are going to solve that tonight. Like the application I think -- I think the applicant did a good job trying to address the overall issues. I don't want to see us just stop, you know, building housing. I don't think any of us wants to see that. I think what we are going to find is that that's going to lead us to some outcomes where we are just completely unaffordable, even worse than we Page 74 Meridian City Council Item#1. November 16,2021 Page 71 of 81 are now. You know, we have got a -- it's a supply and demand issue. I mean that's how -- that's how you end up in the place that some of our sister cities are in. I don't want us to go there. But we need a plan I think for this area of Meridian and with the testimony from Trustee Johnson I can't ignore that at all. So, yeah, I think maybe we need to schedule some -- on a different agenda some wider kind of brainstorming sessions about how we want to handle growth in this area. I definitely need to reflect and meditative and think and maybe pray that might help, too, to think about how to handle this one. But it's a bigger discussion, where it sounds like we are at a tipping point where we -- we have tried everything we can to maximize capacity and that's just not where we are at. That sounds like a different discussion. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I think at the end of the day it's just about smart growth and doing it -- doing it the right way. I don't know if -- Liz said something extremely important. I don't think anyone on this dais is advocating for us to stop building homes. I just -- you know. I think that maybe what we are really -- you know, what we are saying is, you know, more like along the lines of what Mr. Borton said, we just got to think about this for a couple minutes and make sure that we are making the right choice. But we -- we probably have a big topic of conversation tomorrow morning at our -- at our weekly meeting between you and me. Simison: Yeah. We could. And the old school board, in my opinion, did take on the position that they were going to work to balance out enrollment throughout the city by looking at their boundaries and -- and that is one of those things that, quite frankly, from a community standpoint, they need to do if they ever want to -- if you don't maximize the space you have no one's ever going to approve bonds for you when you really need them. So, there is that aspect. But the board is changing. We have two new people coming on. You have another one maybe in a recall -- who knows what the board is going to look like in two months and what their priorities are going to be. So, it probably does beg the question. I know they can change every two years, but we do need to get a flavor for the new board and what --what is going to be their priorities and how are they going to handle growth? Maybe the new board says we are not going to go out for bonds ever. That's not part of our plan. What does that mean? So, there is probably a larger conversation to be had on this with the schools, especially with the new leadership in the next two months. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I think that -- I think that it's probably prudent to probably continue this and -- right, Becky? Yeah. So, I -- I'm looking at -- I'm looking at some available dates. So, obviously, we have a special meeting on November 30th that's pretty full, stuff that was scheduled for next week, but we have a bunch of stuff on September-- or, excuse me, on December Page 75 Meridian City Council Item#1. November 16,2021 Page 72 of 81 7th. Let me look at this real quick. We don't have just -- Jessica, do you want some -- I was handed a note that you didn't speak. Do you want to give some thoughts before I wrap this up? I didn't realize that. I apologize. Perreault: Oh, good. You know I always will butt in if I have something to say. No, I -- all of your comments are very well taken and very well spoken and I don't -- I shared a lot during the testimony this evening, but I don't have much more to add, except that I felt that same exact struggle that you all are describing and I'm a residential real estate associate broker, I'm intimately aware of what's happening with housing in our community and very much feel that need for the additional housing, but as a City Council member my role is to take into account what's best for our entire city and so, yeah, the struggle for us is significant. I -- I would appreciate the extra time to make the consideration that as I was reviewing all of the information for this meeting I felt like that there -- there needed to be something really significant. That would cause me to one hundred percent give my support behind the project and it's not because of the project itself, as many of the Council Members have expressed, we appreciate the significant changes that have been made. We think the improvements to the plan were -- were good. There is a few things I'm not a fan of, but that being said, yes, I'm in the same situation. I have got to really think through where we are and what this means for us and a bigger picture, so I'm in supportive of-- of what I assume is going to be Council Member Bernt's motion. Dodson: Mr. Mayor? Simison: Yes, Joseph. Dodson: Yeah. Calm down, dad. I just wanted to discuss briefly before we do any kind of motion that in the motion that it also might include any wanted revisions to the site plan. What I don't want to do is continue it for the bigger picture and, then, go through all the little things again at the next hearing as well. I want to be able to give the applicant the same time to address any of those comments as well. I have heard that some of -- some tweaks might need to be made. I just want to offer the opportunity to the applicant and to me to have time to revise it, because this is one of -- I don't know how many projects I have, but too many. So, I just want to make sure that we all have time for that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to butt in with one thing and I don't-- I don't know the particulars of Brighton's development across the street, but I would hope in the time that we continue this that someone at the city could contact that homeowner or Brighton or both and knock on that lady's door and say did you realize that you have hundreds of school kids that have an unsafe route to school right in front of your house, because you won't let us put in a sidewalk? I don't know how we missed that one, but that just seems pretty nutty to me. So, if we could just try to -- try to resolve that that would be great there. Page 76 Meridian City Council Item#1. November 16,2021 Page 73 of 81 Simison: Mr. Nary will handle that conversation. Nary: Mr. Mayor, Members of the Council, Council Member Strader, so that house is in the trust and the trust is, then, owned by the Y. So, the Y is planning on a future development there of some short, which will, then, connect the sidewalk. I know the property owners. I'm happy to call her. But I don't anticipate she's going to want more kids walking on the property at this time. But I don't know that. So, I will call and ask her. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Well, I really appreciate you calling, because I think if you just framed that for her that that's a -- it's a safety situation, you know, I would be surprised -- I think that's a real community -- yeah. I don't know the details, but I -- I would be shocked. So, thank you for doing that. Bernt: Mr. Mayor, I am -- I am more than happy to, you know, continue this. I think that we owe it to the applicant and to the public to -- to give some specifics in regard to what -- why -- you know, I get why we would -- this is a tough one tonight and we need more -- a little bit more time to think about it. I get that. But is there anything more that this Council would like me to add to the -- to the motion? Simison: You know, I -- not that I know that can be added to the motion. I have been trying to sit up here and wrack my brain to figure out where we have a commercial site that runs into residential in the way that this one does and I can't in my head find it or figure it out and that's been an -- you know, it's like you go into Paramount and there is a school and on the left you have residential -- it doesn't go through the neighborhood. It doesn't connect in through the neighborhood. You know, maybe the applicant has some other ideas, but I'm trying to figure out how this works, you know, how it interplays. Doesn't make sense. Because, then, it gets back to the larger policy question. Well, maybe some of the things that were proposed were more appropriate to extend commercial along that area, because that's -- that's how you need to maneuver traffic through that element. But maybe my mind just is -- can't think of where this -- this type of situation exists in other places of the city. So, that's -- that's kind of -- I can't say that's the motion, but that's one of the things into this project that I think it -- does this make sense? The other thing does a HAWK signal make sense until you can get the sidewalk? Or the flashing lights. I don't know when that makes sense through that -- through that process, which will be -- maybe it makes sense right away, maybe it doesn't. Dodson: Mr. Mayor? That was me. Sorry. I -- I can agree with you. At least off the top of my head I cannot remember where -- any of my projects at a minimum, but others where the commercial runs into it like this. However, I believe that is why the applicant probably proposed flex space, because when it comes to vehicle trips, they are much lower than like a multi-tenant building and a traditional commercial building, because it's probably going to be the -- what I have seen a lot in these are like a lot of blue collar Page 77 Meridian City Council Item#1. November 16,2021 Page 74 of 81 workers, honestly, like a solar company or HVAC company or somebody that has like a truck and, then, they have their stock in their office in this building. Simple, easy, it's like a couple work utility trucks in and out in the day and that's it. Very minimal. I -- usually a lot less of a retail component. Flex space standards do not anticipate or want a big retail component in here. So, the vehicle trips are lower for flex space. They are generally in general -- in general commercial is usually separated from residential by a street of some kind, which I -- they kind of have between the private road and the commercial there, but, then, along Amity they do have the abutting four-plexes. They are meeting the separation requirement required by code between C-C zoning and the R-15 zoning, but I would agree, Mr. Mayor, that is rare to have them abutting. So, I understand your points. I definitely do from a planning perspective. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I was going to comment. If it's a traditional commercial, if you look at Ten Mile and Ustick on the southeast corner, you have a traditional L-shape and, then, there is patio homes behind that and there is a street and the fence and there is restaurants and, boy oh boy, talk about delivery times and upset people and traffic and different things like that, if where they were just commercial businesses, you know, 8:00 to 5:00 -- Gino's closes on Sundays, fortunately, and he quit playing music on the patio and the neighbors complained. He was very good about it. But there is another restaurant there that has an outdoor patio and, you know, people can't enjoy their backyards. You can hear the kegs being brought in. I mean -- so, I'm very aware of that with complaints from neighbors about that and so that traditional type of thing and you don't want restaurants there, so I think flex space will work better, but, yeah, there --there can be conflicts with -- with neighbors when they go -- go that route, so it all depends on what's -- what's there. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with Council President Brent in that I feel like we need to share some specifics that that's what is fair to do, but I don't have specifics to propose or to share and my -- my gut is telling me that -- that this is a good project for the most part, but this isn't the right time and that's what I'm trying to work through. So, as far as how we would -- I mean I guess -- I guess my question is to ask my fellow Council Members -- normally we do give specifics, the applicant works on those, they come back, we have another conversation. I -- that's not where we are headed with this, though. So, what does the next meeting look like for us? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 78 Meridian City Council Item#1. November 16,2021 Page 75 of 81 Hoaglun: Is that -- is that question, Council Woman Perreault, the next meeting like do we close the public hearing and no one contacts us, of course, we don't talk about it, because that's -- that's prohibited, but -- or do we leave the public hearing open and let people continue flow of information and, then, we make a decision through the traditional process or how did you mean -- mean your -- your question? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you for that question and it was less about the -- the technicality of the meeting and more what do we expect to have happen? What do we expect the applicant to be doing? I was under the assumption we would close the public hearing this evening. What is it that we want the applicant to be doing? Are we going to have another conversation with them or are we just going to come back and give a decision and all applicant and public testimony is closed? Are we asking the applicant to make specific changes or aren't we? Is it really just a matter of us individually having time to think about it and, then, coming back with a decision? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I can give my -- my preference would be -- besides working on the crossing -- safe route to school issue, I think between now and decision time we need to have a bigger conversation or overall strategy in south Meridian -- a separate meeting, not about this application, but holistically. I would love to see from planning staff a deeper dive kind of analysis on how many units -- you know, the number of -- which they have, but the number of units that are approved, breaking down a realistic pathway as to when those will be delivered, what are we really looking at in terms of capacity issues over time if there is no new bond and there is no new schools being built, what capacity does West Ada have now. Maybe more clarity holistically from West Ada, if we can get it, but I feel like we need to have kind of a --just a bigger picture kind of a brainstorming conversation on creating a plan around that. That -- that to me would be the next step. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- I -- I understand Council Woman Strader's thoughts on the holistic dive and the -- and the macro approach to these deep policy issues that we need to discuss and I -- I guess -- I haven't been doing this for very long. You know, this is -- I'm somewhat new'ish I guess. But I do understand how government works and how these -- how long it takes to have these policy discussions. We are talking about months, maybe even a year plus before, you know, you have folks, you know, getting together with -- if you do it Page 79 Meridian City Council Item#1. November 16,2021 Page 76 of 81 right that's -- that's the process and so I'm not sure if we can wait that long to get answers with this particular application. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Specific to Council Woman Strader's request, would it be helpful to have expected enrollment information from West Ada based on where we currently are and where --where they anticipate us to be. In addition to that maybe some more information from the planning department on the projects that have been approved -- some of them are four years out, some are five years. There is one that's ten years out. If there is any way for us to get information on their phasing plans and when they expect to have certain portions of their residential completed that might give us a better picture. There is a sense of urgency, there really is, but in some ways we do look at what do we really expect -- how many units do we really expect to have built in two years, in four years, in six years, in ten years? I don't think that we digest this information without looking at that in relationship to the expectation of West Ada's enrollment. I would like to see some data on that. That would help me really understand is -- really what the urgency is -- we are talking about this being a tipping point. If we are talking about when do we stop approving projects, I want to be able to say what -- you know, we stop approving them when this -- you know, this happens and this happens and it's not -- it's not -- it's not perfect. There is -- there is not going to be an exact number that we are going to have, but I don't want to make the assumption that the several hundred approvals that we have given are all going to be built next year, because they are not and I -- and I just want to be really careful that we don't move forward and swing in the opposite direction because of a sense of urgency without having more information. Is that what you were getting at? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Totally. Like the numbers that Amy gave are huge numbers; right? But don't know if that's a fair way to look at it. I think we needed -- we need a strategy around managing growth. It sounds like in south Meridian right now if the schools aren't going to build more schools, but I guess just turning to the applicant, right, like if I'm in the applicant's shoes it doesn't look great right now, but I think we should ask their opinion, you know, do they want a decision very soon or are they willing to wait? I don't know. Council President and Mayor, I will defer to you on how you want to thread that needle. Simison: Well, I will make a recommendation and move us forward. I would look at a month out -- continuing this for a month out to see how much of this you can absorb, some of these policy issues between now and -- and there could be conversations with the applicant between now and then amongst staff and -- but plan on trying to come back to make a decision on this one as you evaluate how much time and energy and resources you think it will take and as well as we have a conversation with, you know, West Ada Page 80 Meridian City Council Item#1. November 16,2021 Page 77 of 81 what's from them in between. I can do some fact-finding gathering. But I don't think that you -- you are going to answer these questions before you should make a decision on this application, but it's how long until you at least feel like you have weighed the -- weighed enough to evaluate a decision on this application. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think -- that's a heavy lift to get all that information, whether it's district wide or even just the south -- south wide and I don't think staff has the bandwidth -- I mean they have got -- these things keep coming in. They roll in. For this particular development application one of the things I would like, Joe, is along the same lines, but just for this one, because they talked --they--we have the letter and chose to enroll for capacity and, then, the approved preliminary plat parcels per attendance area and those are some big numbers, the 1,556, 1,479, 3,170. But we know they aren't all coming online at the same time. So, if there is a way to have estimates or at least if we know the phasing -- you know, like this one was, you know, through 2025, okay, there is -- there is that and a lot of these are also going to be phased. So, it looks like a huge number and they go, whoa, that doesn't work. But if we break it down I think for this particular application it will give us a little more information to make a decision. So, that would be helpful. Borton: Mr. Mayor, just to comment further. I would -- I -- I think what we are asking is think something that we -- we do need to have the discussion, it's just a matter of when that can be accomplished and when that takes place, because there is a lot of parties that will be involved and there is a lot of data that needs to be gathered and -- and, like I said, we know our Planning Department is really stretched. So, that's -- that's -- so, I think we need to be fair to the applicant and give them a thumbs up or thumbs down and for the folks who are waiting and sitting there and I think some of the letters talked about the longest thing they have ever been involved with and it's going to drive them crazy or some words to that effect. But anyway -- and be fair to them, too, not -- not drag this out and make a decision on this. But go gather information, but it -- it still has -- has implications for what we do in the future as well. So, that's -- that's what I think we -- we need to do right now. Bernt: Mr. Mayor, there -- there is -- there -- there are some heavy meetings between now and up until the 14th and, then, we have Council Members that are going to be out of town during the holidays that would wish to participate. So, really, truly, the soonest time we could get to this and have full discussion would be the 4th of January. Simison: The applicant nod is -- Bernt: With that, Mr. Mayor, I believe we are going to keep this public hearing open then and, then, we will continue it. I make a motion, Mr. Mayor, that we continue this public hearing to January 4th, 2022. Page 81 Meridian City Council Item#1. November 16,2021 Page 78 of 81 Perreault: Second. Cavener: Second. Simison: Motion and second to continue the public hearing until January 4th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued until January 4th. Thank you all for being here. MOTION CARRIED: ALLAYES. Simison: We have got some more business to do, so we are going to keep -- keep on moving through our agenda to try to get this wrapped up this evening. Bernt: Mr. Mayor, we -- we continued Item No. 14. We scratched Item No. 15. We know -- we know. We are very aware -- so, we scratched Item No. 15 and we continued Item No. 16. So, I think we are to future meeting topics. Simison: No. Item 14. Bernt: Oh, yes. Nary: Mr. Mayor, Members of the Council, the first reading on 14 and 16 and, then, continue the public hearing to your November 30th meeting. Bernt: Got it. ORDINANCES [Action Item] 14. First Reading of Ordinance No. 21-1954: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: Okay. So, Item 14 is first reading of Ordinance No. 21-1954. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance of the City Council -- Perreault: Mr. Mayor? I'm sorry, Chris. Could we ask that all the discussion move out to the lobby? Thank you. I apologize, Chris, for interrupting you. Page 82 Meridian City Council Item#1. November 16,2021 Page 79 of 81 Johnson: Okay. This is the first reading of Ordinance No. 21-1954. An ordinance of the City Council of the City of Meridian, Idaho, approving the Option A Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, which plan includes revenue allocation financing provisions; authorizing the City Clerk to transmit a copy of this ordinance and other required information to county and state officials and the affected taxing entities; providing severability; approving the summary of the ordinance; and providing an effective date. Simison: Councilman Bernt. Bernt: Mr. Mayor, I move that we continue the second reading until November 30th. Hoaglun: Second the motion. Simison: We have had a motion to continue the second reading until November 30th. Is there any discussion? If not, all favor signify by saying aye. Opposed nay? The ayes have it and the item -- second reading will be on November 30th. MOTION CARRIED: ALLAYES. 15. First Reading of Ordinance No. 21-1955: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the (Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: Item 15 was vacated off the agenda. 16. First Reading of Ordinance No. 21-1956: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project, Which First Amendment Seeks to Annex Certain Parcels to the Existing Union District Project Area; Which First Amendment Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: So, we will move on to Item 16 for first reading of Ordinance No. 21-1956. Johnson: Thank you, Mr. Mayor. It's an ordinance of the City Council of the City of Page 83 Meridian City Council Item#1. November 16,2021 Page 80 of 81 Meridian, Idaho, approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project, which first amendment seeks to annex certain parcels to the existing union district project area; which first amendment includes revenue allocation financing provisions; authorizing the City Clerk to transmit a copy of this ordinance and other required information to county and state officials and the affected taxing entities; providing severability; approving the summary of the ordinance; and providing an effective date. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we continue this item for a second reading to November 30th. Hoaglun: Second the motion. Simison: I have a motion and a second to continue the second reading until November 30th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it. The motion is agreed to. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics that we didn't already discuss? Nary: Mr. Mayor? Just one to make the Council aware. So, we have two public hearings scheduled for next Tuesday. That's going to be canceled and since we can't start a meeting without a quorum. We would normally, of course, simply move it to the next scheduled meeting. We will check with the applicants tomorrow and we provide as much public notice as we can on NextDoor and some of the other tools that we have, but we will check with the applicants tomorrow to make sure they are available, since that's the weekend after Thanksgiving. I have no idea what their schedule is like. So, if that's not the case we will have to continue it and re-notice it entirely, so just wanted to make you aware. Simison: Thank you. EXECUTIVE SESSION per Idaho Code 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 84 Meridian City Council Item#1. November 16,2021 Page 81 of 81 Bernt: I move that we go into Executive Session per Idaho Code 74-206(1)(a). Hoaglun: Second the motion. Simison: I have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. We will go into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (10:50 p.m. to 11:07 p.m.) Bernt: Mr. Mayor, I move we come out of Executive Session. Hoaglun: Second the motion. Simison: Motion and second to come out of Executive Session. All in favor? MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor, I move we adjourn. Simison: All in favor? MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 11:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-30-2021 ATTEST: CHRIS JOHNSON - CITY CLERK Page 85 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fowler Orthodontics Water Main Easement Page 4 ADA COUNTY RECORDER Phil McGrane 2021-164699 BOISE IDAHO Pgs=5 CHE FOWLER 11/17/2021 10:42 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0038 Fowler Orthodontics WATER MAIN EASEMENT THIS Easement Agreement, made this 16th day of November20 21 between Fowler Capital LLC ("Grantor"),and the City of Meridian,an Id`aho Municipal.Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 0 1/0 1/2020 Item#1. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Fowler Capital LLC Br9n"d`o`n Fowler, Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on t 1 2 (date) by Brandon Fowler (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Fowler Capital LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (stamp) ` RAY M PARKINSON Not/dry Siinature 7gP M Commission Expires: I l o Z�2vL NOTARY PUB�.IC Y p STATE OF IOAHO Water Main Easement Version 01/01/2020 Page 6 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-16-2021 Attest by Chris Johnson, City Clerk 11-16-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-16-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Notary for Idaho Residing in Meridian, Idaho Water Main Easement Version 01/01/2020 Page 7 Item#1. TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 El Fax (208) 385-0696 Project No.: 4817 EXHIBIT "A" Date: April 12, 2021 DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR FOWLER ORTHODONTICS A parcel of land being a portion of Lot 10 of Block 4 of Bonito Subdivision No. 2 as on file in Book 92 of Plats at Pages 10877 through 10879 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NE 1/4 of Section 20, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northeast corner of said Section 20, marked by a brass cap; thence along the East line of said Section 20 South 00014'50"West 1267.09 feet to a point on the extended North line of said Lot 10; thence leaving said East line along said extended North line and the North line of said Lot 10 North 90°00'00"West 178.70 feet to the Northwest corner of said Lot 10; thence along the West line of said Lot 10 South 00000'00"West 44.50 feet to the POINT OF BEGINNING; thence leaving said West line at right angles North 90°00'00" East 18.00 feet to a point; thence along a line parallel with said West line South 00°00'00"West 10.00 feet to a point; thence at right angles South 90'00'00"West 18.00 feet to a point on said West line; thence along said West line North 00000'00" East 10.00 feet to the POINT OF BEGINNING Said Parcel Contains 180 Square Feet(0.004 Acre), more or less. ti LAArp 4 c� a 347� 0 F A v� Page 8 Item#1. EXHIBIT "B" CITY OF MERIDIAN WATER EASEMENT 17 16 FOR FOWLER ORTHODONTICS E. OVERLAND ROAD q,L T4N� D IN LOT 10, BLOCK 4, BONITO SUB. No. 2 20 21 �L IN THE NE 1/4 OF SECTION 20, T.3N., R.IE., B.A.. MERIDIAN, ADA COUNTY, IDAHO CD 434 a , Q eL N NW I � I ' -- LOT 10 --- N 90.00'00' W 178.70' - 130,70' 0'E CORN LOT 10 Q O F I FV I EASEMENT I w i in 180 S.F. 1 F I v 0.004 AC. I I W N 90'00'00" E 18.00, 1 N P.O.B. in s 00.00,00• w I ` 10.00, ulk t � i ' m N I8.00' v S 90,00,00, W .— i of I o i 0 0 1 �a ; y e W �\Jll I Im PROPOSED BUILDING t EXIST.AERIDIAN SEWER k F WATER EASE.PER PLAT F OF BONITO SIB No.2 F _ F I I v F � F I a F o F m Li F F F I 20 21 NORTH 0 15 30 60 TEALEY'S LAND SURVEYING SCALE IN FEET 1" = 30' 12594 W. EXPLORER DRIVE, SUITE 150, BOISE. ID 83713 4817-Ease.dwg 04-12-21 08:05:16 dmarks 208-385-0636 Page 9 W IDIAN� AGENDA ITEM ITEM TOPIC: The Landing Subdivision No.13 Pedestrian Pathway Easement ADA COUNTY RECORDER Phil McGrane 2021-164700 BOISE IDAHO Pgs=5 CHE FOWLER 11/17/2021 10:42 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0121 The Landing Subdivision No.13 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 16th day of November 20 21 between Stetson Homes, Inc. hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHERE-AS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway;and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 page 11 Item#2. then,to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. G TOR: Stetson Homes, Inc. Rustin J.Ray,Vice President STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by Rustin J.Ray (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Stetson Homes,Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: Vice President (type of authority such as officer or trustee) ZZD ail wL *otaSignature / MY CO61021202 My Commission Expires: t/v Pedestrian Pathway Easement REV. 01/01/2020 Page 12 Item#2. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-16-2021 Attest by Chris Johnson, City Clerk 11-16-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-16-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Notary for the State of Idaho Residing in Meridian, Idaho Pedestrian Pathway Easement REV. 01/01/2020 Page 13 Item#2. 5awtooth Land 5urveying, LLC 2030 5. Wa5hincgton Ave. 1 044 Northwest Blvd., Ste. G 14 1 1" Avenue East Emmett. ID 836 7 Coeur d'Alene, ID 8381 4 Jerome, ID 83338 P: (208) 398-8 1 04 P: (208) 7 1 4-4544 P: (208) 325-5303 P: (208) 398-81 05 F: (208) 202-4453 P: (206) 324-382 1 EXHIBIT A THE LANDING SUBDIVISION NO. 13 PEDESTRIAN PATHWAY EASEMENT BASIS OF BEARING for this description is South 0100'35" East between an aluminum cap monument marking the northwest corner of Section 13 and a 5/8" rebar with an illegible cap marking the W1/4 corner of Section 13, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho. A strip of land located in the NW1/4 of Section 13, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at an aluminum cap monument marking the northwest corner of said Section 13; Thence South 010035" East, coincident with the westerly boundary of said NW1/4 of Section 13, a distance of 1948.81 feet; Thence leaving said westerly boundary, South 56005'40" East, 57.84 feet to a 5/8" rebar cap PLS 14221, marking the SW corner of the Landing Subdivision No. 12, as recorded in Book 114 of Plats, at Pages 16940-42, Ada County records and the easterly right of way of S. Linder Rd; Thence South 0100'35" East, coincident with said easterly right of way, 24.10 feet to the POINT OF BEGINNING; Thence South 56005'40" East, a distance of 16.87 feet; Thence South 0000'35" East, parallel with said easterly right of way, a distance of 298.13 feet to the northerly boundary of The Landing Subdivision No. 7, as recorded in Book 69 of Plats, at Pages 7085 & 7086, Ada County records; Thence South 89159'23"West, coincident with said northerly boundary, 14.00 feet to said easterly right of way of S. Linder Rd; Thence North 0100'35"West, coincident with said easterly right of way, a distance of 307.55 feet to the POINT OF BEGINNING. � N® The above described easement contains 0.09 acres, more or less. o �c 1157 F B0, P:\2021\1 EMT\121066-THE LANDING 13 STETSON HOMES\Survey\Drawings\Descriptions\121066-14 ft path Esmt.docx � Page 14 Item#2. v OR C w o U- orN e N � Luz Ilp op � Z �prnrn F=- Ud c=n�ao M I s I 411 a ,O p LU J Coco °z LLJ M o ti f h W z a tiy� saW 60'0 ^+ y k�J'bS ObZb g gZ q� 9 S£,00e0 S Z ,b5'LO£ M„SE,00v0 N 0 h1/ ,ONIZ 2 O 03 tn W"� 08 Lu I S _V 10,Sb'L59Z 3„SE,OOeO S O/ON M3ON7'S 3„S£,OOo00 S 9NIMb9s d0 SISbs W Page 15 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Interagency Agreement Between the City of Meridian and Ada County Highway District (ACHD) for Roadway Construction/Water and Sewer Improvements for Ten Mile Rd. and Victory Rd. to Overland Rd., ACHD Project No. 519041 Page 16 Item#3. Mayor Robert E. Simison City Council Members Treg Bemt AN E , I"IDIAN '-, Joe Borton 11 LDA ' Luke Cavener Public Works Brad Hoaglun Department - Jessica Perreault Liz Strader 00 TO: Mayor Robert E. Simison Members of the City Council FROM: Brent A. Blake—Engineering Project Manager DATE: November 8, 2021 SUBJECT: INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN FOR WATER, AND SEWER IMPROVEMENTS FOR TEN MILE RD,VICTORY RD TO OVERLAND RD. ACHD PROJECT NO. 519041 REQUESTED COUNCIL DATE: November 16, 2021 i I. RECOMMENDED ACTION i A. Move to: 1. Approve the attached agreement with the Ada County Highway District. 2. Authorize the Mayor to sign the agreement. H. DEPARTMENT CONTACT PERSONS Brent Blake—Engineering Project Manager 208-489-0340 Kyle Radek—Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Public Works Director 208-985-1259 III. DESCRIPTION A. Back ro ACHD will be widening Ten Mile Road to five lanes between Victory Road and Overland Road as part of their 2022 roadway program. The City is responsible for adjustment of water and sewer infrastructure to allow for roadway projects. The construction will also allow the City to stub out utilities for future development. Page 17 Page 1 of 3 Item#3. i it B. Proposed Project ACHD will improve Ten Mile Road from Victory Road to Amity Road. During construction,ACHD will have City of Meridian water and sewer adjustments and improvements performed by their contractor. The water portion will consist of the adjustment of 8-inch, and 12-inch PVC pipe, subsequent adjustments of water valves, and the installation of water service stubs. The sewer portion will consist of the adjustment and installation of 8-inch and 12-inch gravity sewer main along with 6-inch and 10-inch pressure sewer main. Sewer services and the subsequent adjustments to existing manholes within the road corridor will also be performed. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Irn The costs of the City of Meridian infrastructure improvements are estimated to be $297,408 and will be funded from the different accounts, as shown below. The actual costs will be presented to Council for approval following the bid opening j for this project. Project Costs: --------------- - -------....-------------- .... - ------ - --- ---------------------..---- Fiscal Year 2022 - - -- - ------ Victory to Overland $297,408 -------------- --.-------- ------------- Total $2----- Project Funding ---------------------------------------------------------- ------ Fiscal Year 2020 Account Code/Codes Water Main Extensions 3490-96140 $238,548 ----------------._.._..-- -------------------- Sewer Main Extensions 3590-93505 $58,860 i ------- ---------- --------- -------- ---------------- -- Total Funding $297,408 ---------------------------------------- - - ----------------- V. TIME CONSTRAINTS ACHD plans to start construction on this project in January 2022. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. ACHD plans to award the bid for this project in December 2021. Page 18 Page 2 of 3 Item#3. VI. LIST OF ATTACHMENTS A. Interagency Agreement between Ada County Highway District and the City of Meridian for water, reclaimed water and sewer improvements. Approved for Council Agenda: 1 1":` 11 Page 19 Page 3 of 3 Item#3. CITY OF MERIDIAN Purchase Requisition E IDIAN n, Purchasing Department r1m. DATE OF 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 11/8/2021 MERIDIAN, ID 83642 Public Works PURCHASE ORDER -ON ALL INVOICES. TEL:(208)489-0417 SLIPS.CARTONS AND CORRESPONDENCE RELATED TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT IS BUDGET AMENDMENT REQUIRED? SUGGESTED' VENDOR Ada County Highway District No i CITY SUPPORT TICKET NO. PROJECT MANAGER PAYMENTTERMS IFREIGHTTERMS F.O.B. REQUESTOR Brent Blake NET 30 PREPAID DESTINATION Brent Blake PROJECT NAME: ACHD -Ten Mile, Victory to Overland (Construction) Description of Purchase Quantity and Pricing ACCOUNTINGCODES DESCRIPTIONPART NUMBER I COMMITMENT TASK •-D •NTRACT/PROJECT DESCRIPTION Interagency Agreement/Contract 1 LS $ 238,548.00 60 3490 96140 10975.c $ 238,548.00 Interagency Agreement/Contract 1 LS $ 58,860.00 60 3590 93505 10975.c $ 58,860.00 $ - $ - NOTES: Council Approval Date: - 11-16-2021 $297,408.00 RIZED DEPARTMENT ATI IR7E ! Page 20 Item#3. City of Meridian Utility Improvements Ten Mile Road Victory Road to Overland Road ACHD Project No. 519041 City Project No. 10975 Construction Cost Estimate October 13, 2021 Item No. Item Description Estimated Unit Unit Item Quantity Price Total 205.4.1.B.1. DEWATERING 1 LS $3,000.00 $3,000.00 303.4.1.A.3. EXPLORATORY EXCAVATION 8 HR $400.00 $3,200.00 306.4.1.D.1. IMPORTED TRENCH BACKFILL,TYPE A(PRE-APPROVAL REQUIRED) 100 TON $54.00 $5,400.00 307.4.1.G.1. TYPE P SURFACE RESTORATION-TEMPORARY 410 SY $44.00 $18,040.00 310.4.1.A.1.a. 14"0,3/8"THICK STEEL CASING PIPE 20 LF $300.00 $6,000.00 310.4.1.A.1.b. 18"0,3/8"THICK STEEL CASING PIPE 20 LF $350.00 $7,000.00 401.4.1.A.1.a. 6"PVC,AWWA C900,DR 18,WATER MAIN 131 LF $100.00 $13,100.-0 401.4.1.A.1.b. 8"PVC,AWWA C900,DR 18,WATER MAIN 80 LF $70.00 $5,600.00 401.4.1.A.1.c. 12"PVC,AWWA C900,DR 18,WATER MAIN 574 LF $90.00 $51,660.00 402.4.1.A.1.a. 6"GATE VALVE 1 EA $2,000.00 $2,000.00 402.4.1.A.1.b. 8"GATE VALVE 1 EA $2,400.00 $2,400.00 402.4.1.A.1.c. 12"GATE VALVE 5 EA $3,200.00 $16,000.00 403.4.1.A.1.a. FIRE HYDRANT ASSEMBLY WITH LOCATE STATION 1 EA $4,200.00 $4,200.00 403.4.1.A.1.b. RELOCATE EXISTING FIRE HYDRANT ASSEMBLY AND LOCATE STATION 4 EA $2,400.00 $9,600.00 404.4.1.A.1.b. 1"SINGLE WATER SERVICE CONNECTION 3 EA $3,000.00 $9,000.00 404.4.1.B.1. RELOCATE EXISTING LEAK DETECTION METERING STATION PER MERIDIAN SD-W14 1 EA $2,000.00 $2,000.00 501.4.1.B.1. 8"PVC,ASTM D3034,SANITARY SEWER PIPE 258 LF $80.00 $20,640.00 501.4.1.B.1. EXTEND EXISTING 6"PVC SEWER LINE FOR FUTURE ODOR CONTROL 26 LF $60.00 $1,560.00 502.4.1.A.1. 60"STANDARD SANITARY SEWER MANHOLE,TYPE B 1 EA $10,000.00 $10,000.00 502.4.1.F.1. CONNECTION TO EXISTING MANHOLE 2 EA $1,200.00 $2,400.00 503.4.1.A.1. 8"T-TYPE SEWER MAIN CLEANOUT 3 EA $1,300.00 $3,900.60 503.4.1.A.3. 4"SEWER SERVICE CLEANOUT 2 EA $1,300.00 $2,600.00 504.4.1.A.1. 4"PVC,ASTM D3034,SEWER SERVICE PIPE 94 LF $40.00 $3,760.00 504.4.1.D.1. 4"SEWER SERVICE CONNECTION TO MAIN 2 EA $1,000.00 $2,000.00 505.4.1.D.1. RELOCATE EXISTING PRESSURE SEWER MANHOLE AIR VENT 1 EA $5,000.00 $5,000.00 512.4.1.A.1. SEWAGE BYPASS SYSTEM 1 LS $7,000.00 $7,000.60 2030.4.1.C.1. ADJUST EXISTING VALVE BOX TO GRADE 9 EA $1,000.00 $9,000.00 SP-M04002 HOT TAP EXISTING WATER MAIN 1 EA $4,400.00 $4,400.00 SP-M04004 2"BLOW-OFF ASSEMBLY PER MERIDIAN SD-W12 2 EA $2,800.00 $5,600.00 SP-M04007.a. ABANDON EXISTING WATER MAIN STUB 1 EA $2,000.00 $2,000.00 SP-M04007.b. ABANDON EXISTING SEWER MAIN STUB 1 EA $4,000.00 $4,000.00 SP-M04015 ADJUST EXISTING WATER MAIN AT NEW PIPE CROSSING 1 EA $4,800.00 $4,800.00 SP-M04022 1"WATER SERVICE LINE 14 LF $70.00 $980.00 Total $247,840.00 20%Contingency $49,568.00 Budget Total $297,408.00 Ten Mile Road-Victory to Overland_Estimate 11/4/� Page 21 INTERAGENCY AGREEMENT FOR.- ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION TEN MILE RD, VICTORY RD TO OVERLAND RD ACHD PROJECT NO. 519041 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this 16th day of November , 2021, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 519041. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as TEN MILE RD, VICTORY RD TO OVERLAND RD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer services, adjusting water valve boxes and covers and sewer manholes to grade, and correcting potable/non-potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project no. 519041, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries; and Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd—ACHD—City of Meridian — Project no. 519041 Page 1 of 9 Item#3. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404, and ii. Adjustment of sewer manholes to grade shall include reconstruction in conformance with ISPWC Section 602. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd—ACHD— City of Meridian—Project no. 519041 Page 2 of 9 Page 23 Item#3. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd—ACHD—City of Meridian—Project no. 519041 Page 3 of 9 Page 24 Item#3. and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd -ACHD-City of Meridian - Project no. 519041 Page 4 of 9 Page 25 Item#3. h. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd, Victory Rd to Overland Rd -ACHD- City of Meridian-Project no. 519041 Page 5 of 9 Page 26 Item#3. c. DISTRICT shall obtain MERIDIAN 'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended, or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration, or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VI II, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd-ACHD-City of Meridian-Project no. 519041 Page 6 of 9 Page 27 Item#3. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd-ACHD- City of Meridian -Project no. 519041 Page 7 of 9 Page 28 Item#3. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By. y. .,� B Y _ Y �i trace- Kent Goldthorpe Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN C.w cap.. IAN e�eo By. �9L Ss Bnl. y Chris John n Robert E. Siiniso City Clerk 11-16-2021 Mayor 11-16-2021 Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd-ACHD-City of Meridian-Project no.519041 Page 8 of 9 Page 2s Item#3. STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this ` day of Je Gen- tot t-- 2021, before me, the undersigned, personally appeared KENT GOLDTHORPE and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my h nd and affixed my official seal the day and year first above written. ,,�eeeeeeuee��p •1• S c••••G��sGTA••p``�,,�" G .e'to Ry:�'cn;. :'� Notary Public for Idaho 3 Comm.62051 Residing at Idaho Jse bri C'•i'p•-• My commission expires: August 13, 2025 * Gooses ( �1 "°08teeO1110,1% STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 16th day of November 2021, before me, the undersigned, personally appeared Robert E. Simison and Chris Johnson , Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COWASSION#57390 Notary Public for Idaho NOTARY PUBLIC Residing at Meridian , Idaho STATE OF IDAHO W COWMMM EMRES My commission expires: 3-28-2022 Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to overland Rd—ACHI)—City of Meridian—Project no.519041 Page 9 of 9 Page 30 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Interagency Agreement Between the City of Meridian and Ada County Highway District (ACHD) for Roadway Construction/Water and Sewer Improvements for Ten Mile Rd. and Victory Rd. Roundabout, ACHD Project No. 319038 Page 31 &W, Mayor Robert E. Simison IDIAN��� City Council Members Tre Bernt Joe Borton Public Works I D A H O Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader 000 TO: Mayor Robert E. Simison Members of the City Council FROM: Brent A. Blake—Engineering Project Manager DATE: November 8, 2021 SUBJECT: INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN FOR WATER, AND SEWER IMPROVEMENTS FOR TEN MILE RD AND VICTORY RD ROUNDABOUT. ACHD PROJECT NO. 319038 REQUESTED COUNCIL DATE: November 16, 2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with the Ada County Highway District. 2. Authorize the Mayor to sign the agreement. 1I. DEPARTMENT CONTACT PERSONS Brent Blake—Engineering Project Manager 208-489-0340 Kyle Radek—Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Public Works Director 208-985-1259 III. DESCRIPTION A. Back around ACHD will be constructing a roundabout at the intersection of Ten Mile and Victory Roads as part of their 2022 roadway program. The City is responsible for adjustment of water and sewer infrastructure to allow for roadway projects. B. Proposed Project Page 32 Page I of 3 Item#4. ACHD will construct a roundabout at the intersection of Ten Mile and Victory Roads. During construction, ACHD will have City of Meridian water and sewer adjustments performed by their contractor. The water portion will consist of the adjustment of water valves, fire hydrant relocations, and the installation of water service stubs. The sewer portion will consist of the adjustment and installation of 6-inch and 10-inch pressure sewer main. IV. IMPACT A. Strategic c Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact The costs of the City of Meridian infrastructure improvements are estimated to be $327,120 and will be funded from the different accounts, as shown below. The actual costs will be presented to Council for approval following the bid opening for this project. Project Costs: --- -----------I- --- ------------_------ ------------- ------------------------- Fiscal Year 2022 -------------------------------- ---------------------------------- Victory to $327,120 -------- ---------------- ---- Total J $327,120 Project Funding --------------- ------------------------------------------------------------------------------------ Fiscal Year 2020 Account Code/Codes - - -- --- - ------------ ---------------------------------------------------------------------- Water Main Extensions 3490-96140 $238,000 ----------------- -------- -- --- Sewer Main Extensions 3590-93505 $89,120 ----- ----------------------------- Total Funding $327,120 V. TIME CONSTRAINTS ACHD plans to start construction on this project in January 2022. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. ACHD plans to award the bid for this project in December 2021. Page 33 Page 2 of 3 Item#4. VI. LIST OF ATTACHMENTS A. Interagency Agreement between Ada County Highway District and the City of Meridian for water, reclaimed water and sewer improvements. Approved for Council Agenda: t,J 3 S dK Page 34 Page 3 of 3 CITY OF MERIDIAN Purchase Requisition �E IDIAN Purchasing Department OF Me DATE OF 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 11/8/2021 MERIDIAN, ID 83642 Public Works PURCHASE ORDER NUMBER MUST APPEAR ON • TEL:(208)489-0417 SLIPS,CARTONS .CORRESPONDENCE RELATED TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR ,Ada County Highway District No CITY SUPPORT TICKET NO. PROJECT MANAGER PAYMENT TERMS FREIGHT TERMS F.O.B. ---]—REQUESTOR Brent Blake NET 30 PREPAID DESTINATION Brent Blake PROJECT NAME: ACHD -Ten Mile Rd and Victory Rd Roundabout(Construction) Description of Purchase Quantity and Pricing ACCOUNTINGCODES PART NUMBER/ • • OR •• TASK •- . • -• . • • . • AMOUNT Interagency Agreement/Contract 1 LS $ 238,000.00 60 3490 96140 10975.d $ 238,000.00 Interagency Agreement/Contract 1 LS $ 89,120.00 60 3590 93505 10975.d $ 89,120.00 $ - $ - NOTES: Council Approval Date: 11-16-2021 $327,120.00 AUTHORIZED DEPARTMENT SIG TURE N m W Cn City of Meridian Utility Improvements Ten Mile Road and Victory Road ACHD Project No. 319038 City Project No. 10975 Construction Cost Estimate October 26, 2021 Item No. Item Description Estimated Unit Unit Item Quantity Price Total 205.4.1.13.1. DEWATERING 1 LS $3,000.00 $3,000.00 303.4.1.A.3. EXPLORATORY EXCAVATION 16 HR $400.00 $6,400.00 306.4.1.D.1. IMPORTED TRENCH BACKFILL,TYPE A(PRE-APPROVAL REQUIRED) 100 TON $54.00 $5,400.00 306.4.1.G.1. CULVERT CROSSING CDF(FLOWABLE) BACKFILL 8 CY $200.00 $1,600.00 307.4.1.G.1.a. TYPE P SURFACE RESTORATION-TEMPORARY 130 SY $44.00 $5,720.00 307.4.1.G.1.b. TYPE P SURFACE RESTORATION-PERMANENT 35 SY $100.00 $3,500.00 310.4.1.A.1. 20"0,3/8"THICK STEEL CASING PIPE 20 LF $400.00 $8,000.00 401.4.1.A.1.a. 6"PVC,AWWA C900, DR 18,WATER MAIN 34 LF $100.00 $3,400.00 401.4.1.A.1.b. 12"PVC,AWWA C900, DR 18,WATER MAIN 596 LF $90.00 $53,640.00 401.4.1.A.1.c. 16"(IPS) HDPE,AWWA C906, PE4710, DR7,WATER MAIN 738 LF $90.00 $66,420.00 401.4.1.C.1. LOCATE STATION PER MERIDIAN SD-G5 3 EA $800.00 $2,400.00 402.4.1.A.1.a. 6"GATE VALVE 1 EA $2,000.00 $2,000.00 402.4.1.A.1.b. 12"GATE VALVE 2 EA $3,600.00 $7,200.00 402.4.1.A.1.c. RELOCATE EXISTING 6"GATE VALVE 1 EA $1,200.00 $1,200.00 402.4.1.A.1.d. RELOCATE EXISTING 12"GATE VALVE 2 EA $2,000.00 $4,000.00 403.4.1.A.1.a. FIRE HYDRANT ASSEMBLY WITH LOCATE STATION 1 EA $4,200.00 $4,200.00 403.4.1.A.1.b. RELOCATE EXISTING FIRE HYDRANT ASSEMBLY AND LOCATE STATION 1 EA $2,400.00 $2,400.00 503.4.1.A.1. 8"T-TYPE SEWER MAIN CLEANOUT 2 EA $1,600.00 $3,200.00 505.4.1.B.1.a. 6"(IPS) HDPE,AWWA C906, PE4710, DR17, PRESSURE SEWER MAIN 684 LF $50.00 $34,200.00 505.4.1.6.1.1b. 10"(IPS)HDPE,AWWA C906, PE4710, DR17, PRESSURE SEWER MAIN 684 LF $70.00 $47,880.00 505.4.1.D.1. LOW PRESSURE AIR TEST EXISTING DUAL PRESSURE SEWER MAIN 1 LS $0.00 $0.00 1102.4.1.E.1. 4"SCHEDULE 40 RIGID PLASTIC CONDUIT(IRRIGATION AND ELECTRICAL SERVICE SLEEVE) 240 LF $16.00 $3,840.00 2030.4.1.C.1. ADJUST EXISTING VALVE BOX TO GRADE 3 EA $1,000.00 $3,000.00 Total $272,600.00 20% Contingency $54,520.00 Budget Total $327,120.00 m CC Ten Mile and Victory RAB_Estimate 11/5/2021 w rn INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION /WATER AND SEWER CONSTRUCTION TEN MILE RD AND VICTORY RD ACHD PROJECT NO. 319038 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this 1 6 t h day of November , 2021, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 319038. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as TEN MILE RD AND VICTORY RD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer services, adjusting water valve boxes and covers and sewer manholes to grade, and correcting potable/non-potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project no. 319038, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries; and Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 1 of 9 Page 37 Item#4. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404, and ii. Adjustment of sewer manholes to grade shall include reconstruction in conformance with ISPWC Section 602. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 2 of 9 Page 38 Item#4. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 3 of 9 Page 39 Item#4. construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 4 of 9 Page 40 Item#4. defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 5 of 9 Page 41 Item#4. the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 6 of 9 Page 42 Item#4. consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 7 of 9 Page 43 Item#4. ATTEST: ADA COUNTY HIGHWAY DISTRICT B By: Bruce tlyung- __._ en oldthorpe y Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN fE gDIAN By. �4 1 Cris Johns 11-1 ' 102� 4`' Robert E. Si is - City Clerk Mayor STATE OF IDAHO ) Ss. COUNTY OF ADA ) Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 8 of 9 �a9e Jtem#4. On this I day of , 2021, before me, the undersigned, personally appeared KENT GOLDTHORPE and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my-Kand and affixed my official seal the day and year first above written. Notary Publ` or, Idaho s Comm.62051 ; Residing at , Idaho My commission expires: August 13, 2025 �j ��/,�osoeoeee�� ••� STATE OF IDAHO ) ®'�II,�f77CC OF ) ss. COUNTY OF ADA ) On this 16th day of November , 2021, before me, the undersigned, personally appeared Robert E.simison and Chris Johnson , Mayor and City Clerk respectively of MERIDIAN, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COMMISSION#67390 NOTARY PueuC Notary Public for Idaho STATE OF IDAHO �A�M Residing at Meridian daho �MY COMSSM EXPIRES 312$122 ___ My commission expires: 3-28-2022 Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 9 of 9 Page 45 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: License Agreement For Meridian Police Department Canine Training at Ada County Weed, Pest and Mosquito Abatement Page 46 Item#5. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: November 16, 2021 Presenter: Meridian Police Department Estimated Time: .5 minutes Topic: License Agreement For Meridian Police Department Canine Training At Ada County Weed, Pest And Mosquito Abatement Recommended Council Action: Approve the agreement and authorized the Mayor's signature. Background: This agreement conveys a license to the Meridian Police Department to utilize the Ada County Weed, Pest and Mosquito Abatement facility, at 975 E. Pine Avenue, Meridian, for periodic tactical training by officers and their canine units during non-business hours. This program promotes productive relationships with local proprietors, provides new training environments for the dogs and their trainers and allows police officers to become familiar with local buildings in the event that police assistance is needed at such locations. Page 47 MJDFOTF!BHSFFNFOU!GPS!NFSJEJBO!QPMJDF!EFQBSUNFOU!! L:!USBJOJOH!BU!BEB!DPVOUZ!XFFE-!QFTU!BOE!NPTRVJUP!BCBUFNFOU! Uijt!MJDFOTF!BHSFFNFOU!GPS!L:!UBDUJDBM!USBJOJOH!)Bhsffnfou*!jt! 16th nbef!boe!foufsfe!joup!uijt!```!ebz!pg!``````````````-!3132-!cz!boe!cfuxffo!uif!Djuz!pg! Nfsjejbo-!b!nvojdjqbm!dpsqpsbujpo!pshboj{fe!voefs!uif!mbxt!pg!uif!Tubuf!pg!Jebip!)Djuz*!boe! Beb!Dpvouz!Xffe-!Qftu!boe! 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J/Mjdfotf!hsboufe/!!Mjdfotps!ifsfcz!hsbout!up!Djuz!b!opo.fydmvtjwf!mjdfotf!up!vujmj{f!uif!joepps boe!pvuepps!gbdjmjujft!pg!Mjdfotpst!qspqfsuz-!uif!Beb!Dpvouz!Xffe-!Qftu!boe!Nptrvjup Bcbufnfou!gbdjmjuz-!bu!:86!F/!Qjof!Bwfovf-!Nfsjejbo-!JE-!94753!)ifsfjobgufs!Qsfnjtft*!gps uif!qvsqptft!boe!jo!uif!nboofs!tfu!gpsui!jo!uijt!Bhsffnfou/ JJ/Vtf!pg!Mpdbujpo/!!Djuzt!vtf!boe!pddvqbodz!pg!uif!Qsfnjtft!tibmm!cf!mjnjufe!up!qfsjpejd ubdujdbm!usbjojoh!cz!Nfsjejbo!Qpmjdf!Efqbsunfou!gvmm.ujnf-!bdujwf!evuz!pggjdfst!boe!uifjs dbojof!vojut!)uif!Qfsnjuufe!Vtf*-!evsjoh!Mjdfotpst!opo.cvtjoftt!ipvst-!bu!ujnft!nvuvbmmz bhsffbcmf!up!Djuz!boe!Mjdfotps-!up!cf!efufsnjofe!bu!mfbtu!pof!xffl!jo!bewbodf!cz!Djuz!boe Mjdfotps/ B/Ufnqpsbsz!sjhiu!up!fydmvef/!!Djuz!tibmm!ibwf!uif!sjhiu!up!fydmvef!Mjdfotpst!qfstpoofm gspn!uif!Qsfnjtft!evsjoh!uif!dpvstf!pg!usbjojoh!tfttjpot/ C/Ufnqpsbsz!sjhiu!pg!fousz/!!Djuzt!bdujwf!evuz!qpmjdf!boe!dbojof!pggjdfst!tibmm!cf bvuipsj{fe!up!foufs!uif!Qsfnjtft!boe!bmm!vompdlfe!bsfbt!gps!uif!mjnjufe!qvsqptf!pg!uif Qfsnjuufe!Vtf!pomz/!!Mjdfotpst!mpdbm!pqfsbujpot!ufbn!boe!Djuz!tibmm!nvuvbmmz!bhsff!jo bewbodf!pg!fbdi!usbjojoh!tfttjpo!up!xijdi!bsfbt!pg!uif!Qsfnjtft!tibmm!cf!bddfttjcmf!up Djuzt!pggjdfst/ D/Sfbtpobcmf!vtf/!!Djuz!tibmm!vtf!uif!Qsfnjtft!pomz!gps!uif!Qfsnjuufe!Vtf/!Jg!Djuz!ps!jut fnqmpzfft!ebnbhf!uif!Qsfnjtft!jo!boz!nboofs-!Djuz!tibmm!sfjncvstf!Mjdfotps!gps!uif Q BHF!2! Item#5. cost of all necessary repairs and/or replacement, pursuant to the provisions of the Idaho tort claims act, Idaho Code §§ 6-901 et seq. City will ensure that the Premises is left the way it was found at the beginning of each training session. D. Insurance. City will maintain general liability insurance to cover relevant expenses incurred during the course of any training session. III.Term of license. The term of this Agreement shall be from November 1, 2021 through 11:59 p.m. on October 31, 2022, unless earlier terminated by either party. This license shall automatically be renewed from month to month thereafter unless written notice of termination is given by either party to the other in the manner set forth herein. IV.General provisions. A. Acceptance as is. City has inspected the Premises and does hereby accept the Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Licensor makes no warranty or promise as to the condition, safety, usefulness or habitability of the Premises, and City accepts the Premises for use on an "as is, where-is" basis. B. No agency. It is understood and agreed that City shall not be considered an agent of Licensor in any manner or for any purpose whatsoever in City's use of Premises. Neither Licensor nor any officer, employee or agent thereof shall be deemed an employee of City. Licensor shall have no authority or responsibility to exercise any rights or power vested in City. Subject to the recognition that they be full-time, active duty police officers, the selection and designation of the personnel of City in the performance of this Agreement shall be made by City. C. Breach; cure; termination. If either party is in breach or default of any of the terms, covenants or conditions of this Agreement, and fails or refuses to cure such breach or default within seven (7) days' written notice thereof, or if either party determines that termination is in its best interest, this Agreement, and all rights conveyed thereby, shall be terminated and forfeited by providing seven (7) days' written notice. D. Notices. All notices to be provided under this Agreement shall be in writing and sent by U.S. Mail, addressed as follows: If to City: If to Licensor: Meridian Police Department Ada County Treasurer's Office 1401 atertower Street 200 W. Front Street Meridian, Idaho 83642 Boise, Idaho 83702 E. Governing board approval required. This agreement shall not be effective until it is approved by the respective parties' governing boards. F. Severability. If any provision of this Agreement is held invalid, this Agreement shall automatically terminate. PAGF 2 Page 49 Item#5. G. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers on the day and year first above written. LICENSOR: Board of Ada C y Commissioners By: Ro Beck, Commissione By: Ryan D dson Com ' ioner By: Kendra Kenyon C mmissioner Attest: by Katie Reed, A sistant Deputy Cleric Phil McGrane,Ada County Clerk CITY OF MERIDIAN: Attest: 1L)IAN�s- BY: Robert E. Simi ayor Chris Johnson i0ty Clerk 21 11-16-2021 PAGE 3 page 50 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approve Agreement and Purchase Order 22-0128 to Safebuilt, LLC for Fiscal Year 2022 Plan Review Services in the Not-to-Exceed Amount of$998,950.00 and Authorize Procurement Manager to Sign Page 51 Item#6. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: 11/16/2021 Presenter: N/A Estimated Time: 0.0 Topic: Approve Agreement and Purchase Order 22-0128 to Safebuilt, LLC for FY22 Plan Review Services in the Not-to-Exceed amount of$998,950.00 and authorize Procurement Manager to sign. Recommended Council Action: Approve Agreement and Purchase Order 22-0128 to Safebuilt, LLC for FY22 Plan Review Services in the Not-to-Exceed amount of$998,950.00 and authorize Procurement Manager to sign. Background: These expenses are pass through costs and have no change on the budget. Page 52 Item WE IDIAN^v Purchase Order 11/16/2021 22-0128 Attention: Sam Zahorka CITY OF MERIDIAN Billie Attn: Finance g 33 E Broadway Ave 33 EAST BROADWAY AVE. Address: Meridian, ID 83642 MERIDIAN, ID 83642 (208) 888-4433 Shipping 33 E Broadway Ave Vendor Address: Address: Suite 102 Meridian, ID 83642 SAFEBUILT LLC 3755 PRECISION DRIVE SUITE 140 Shipping Method: Contractor LOVELAND, CO 80538 pp g FOB: Destination Pre-Paid Description Unit Quantity Unit Price Total 22-0128 Comm &Residential Structural Plan Review Dollar 800950.00 1.00 800,950.00 22-0128 Comm &Residentital Mechanical Plan Review Services Dollar 150000.00 1.00 150,000.00 22-0128 Comm &Residential Electrical Plan Review Dollar 48000.00 1.00 48,000.00 Purchase Order Total: $998,950.00 Purchasing Manager: Special Instructions FY22 Funding for Plan Review Services per PSA&Omnia Partners Contract Not-To-Exceed $998,950.00 Approved by Council 11/16/2021 Ticket#68473 Page 53 PROFESSIONAL SERVICES AGREEMENT FOR PRFESSIONAL PLAN REVIEW SERVICES SAFEBUILT, LLC. THIS AGREEMENT FOR PROFESSIONAL PLAN REVIEW SERVICES shall become effective October 1 , 2021 entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and SAFEbuiit. LLC, hereinafter referred to as "CONSULTANT", whose business address is 3755 Precision Dr., Ste.140, Loveland, CO 80538 in conjunction with the Omnia Partners Cooperative Contract dated 9/15/2020 and Amendment dated 91212021 . INTRODUCTION Whereas, the City has a need for services involving Professional Plan Review Services: and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1 . Scope of Services: 1 .1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1 .2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. City use of work product provided by Consultant for other than intended purpose will be at City's sole risk. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 1 of 13 PROJECT# Consultant, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1 .3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal , reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with Attachment A Scope of Work, including the Plan Review Deliverables, which are attached hereto as Attachment A. The Scope of Work and deliverables may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a per plan review basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. In the event of a disputed invoice, Consultant will remove disputed item(s) and re-submit invoice for payment which City will pay within 30 days of receipt. Once the disputed item(s) are cleared they may be added to the next month's invoice_ If payment is not received within ninety (90) days of invoice date, Services will be discontinued until all invoices are paid in full. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 2 of 13 PROJECT# this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Liquidated Damages: Plan reviews shall be accomplished within the time frames stated in the Scope of Work 1 Plan Review Deliverables. Consultant shall be liable to the City for any delay beyond this time period in the amount of 10% of the plan review fee, based on Attachment B, for the specific review per calendar day. Such payment shall be construed to be liquidated damages by the Consultant in lieu of any claim or damage because of such delay and not be construed as a penalty. Force Majeure. Consultant shall not be assessed with liquidated damages if by reason of Force Majeure Consultant is rendered unable to carry out its obligations under this agreement, provided Consultant gives written notice of the cause of the Force Majeure to City within 36 hours of the start of the Force Majeure and Contractor avails himself of any available remedies. For the purposes of this agreement Force Majeure shall be defined as the following: an event beyond the control of the Consultant, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to: 1.1.1 act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); 1.1.2 war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; 1.1.3 rebellion, revolution, insurrection, or military or usurped power, or civil war; 1.1.4 contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; 1.1.5 riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subconsultants; or 1 .1 .6 acts or threats of terrorism. 4. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire September 30, 2026, as long as the Omnia Partners Agreement is in place. PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 3 of 13 PROJECT# 5. Independent Contractor: .1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 52 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement_ 6, Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, to the extent caused or arising from, wrongful conduct or negligent acts and/or errors or omissions under this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct or negligence of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollar's ($1,000,000) per incident or occurrence, Professional Liability f Professional errors and omissions One Million Dollars ($1 ,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law_ the CITY shall be named an additional insured on both General Liability and Automotive policies, The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, to the extent caused by or arising from the wrongful conduct, negligent performance, and/or errors or omission under this Agreement by the CONSULTANT or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this PROFESSIONAL PLAN REVIEW SERVICES (BLDG.,STRUCTURAL, MECHANICAL —SAFE BUILT,LLC Page oI 1$ PROJECT# paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date CONSULTANT begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND REGARDLESS OF WHETHER THE REMAINING REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE TOTAL AGGREGATE LIABILITY OF COUNSULTANT UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF THE AVAILABLE LIMITS OF INSURANCE OR THE AMOUNT PAID BY CITY TO CONSULTANT UNDER THIS AGREEMENT. Consultant shall have the right to control the defense and settlement of any claim for which indemnification is sought under this Agreement, provided that Consultant shall not enter into any settlement of such a claim that requires an admission of wrongdoing by an indemnified party without that party's consent. Consultant obligation to provide indemnification is contingent upon timely notice of the claim for which indemnification is sought, such that the defense of the claim is not prejudiced, and the reasonable cooperation of the party seeking indemnification with the defense of the claim. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONSULTANT City of Meridian SAFEBUILT, LLC Purchasing Manager Attn: Shani Canillas, Regional Development Manager 33 E Broadway Ave 3755 Precision Dr., Ste. 140 Meridian, ID 83642 Loveland, CO 80538 208-888-4433 Phone: 970-237-9930 Email: kwatts@meridiancity.org Email: scannillas@safebuilt.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 5 of 13 PROJECT# 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. City consent shall not be unreasonably withheld. 11 . Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof, 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 6 of 13 PROJECT# Page 59 Item#6. or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement by giving at least ninety (90) days written notice, without cause and with no penalty or additional cost. In case of such termination, Consultant shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of the termination, Consultant's termination for convenience does not constitute a default or breach of this Agreement. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 7 of 13 PROJECT# Page 60 Item#6. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of Completion, 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21 . Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 22. Confidentiality: Consultant understands and acknowledges that all tests and results(confidential information) are intended solely for the City. Consultant agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of City. 23. Order of Precedence: The order of precedence shall be this executed agreement then the Omnia Partners Contract #1 51 31 0-94. 24. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 25. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 8 of 13 PROJECT# Page 61 Item#6. CITY OF MERIDIAN SAFEBUILT, LLC BY: BY: - A:7� KEITH WATTS, Purchasing Manager Avner AIkhas, Chief Financial Officer Dated: 11/16/2021 Dated: November 09, 2021 PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 9 of 13 PROJECT# Page 62 Item#6. Attachment A SCOPE OF WORK GENERAL SAFEbuilt will provide the above named services for projects designed and constructed under the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, National Electrical Code, ANSI A117.1 and the International Energy Conservation Code that are currently adopted and per City local amendments as adopted and amended by local and state authority on an "as- needed" basis. In the efforts to complete the tasks listed in this agreement, SAFEbuilt will perform the following: • Ensure all professionals employed by SAFEbuilt maintain current certifications, certificates and licenses for Services provided • Shall submit all plan submittals to the CITY. Re-submittals shall be submitted directly to SAFEbuilt and plan modifications to be routed through the Owner's Avolve/Project Dox Electronic Software. • Will provide plan review in compliance with CITY adopted codes and local amendments/ordinances • Will verify valuations on all commercial and residential projects we review • Will work directly with applicant to achieve a set of code compliant plans • Will obtain plans for review via Owner AvolvelProject Dox Software. • Will obtain plans for review via Project Dox Software. • Applicants will submit initial plans and all re-submittals to the Owner; not SAFEbuilt • Will utilize Owner's plan review generic (letterhead only) template with both Owner and SAFEbuilt logo on template. Safebuilt will input all specific detailed plan review information into the template and provide as part of the approved plans. • Will notify applicants) when SAFEbuilt has approved plans for construction utilizing AvolvelProject Dox Software. SAFEBUILT will perform the following minimum baseline process when performing Commercial & Residential Building Plan Review, Energy Plan Review, Accessibility Plan Review, Structural Plan Review & Structural Calculation Review, Mechanical and Fuel Gas Plan Review and Electrical Plan Review; • Detailed review of plans, ensuring they meet the City of Meridian adopted codes and local amendments and/or ordinances • Be a resource to applicants on submittal requirements and be available throughout the process • Provide feedback to keep plan review process on schedule • Interpret legal requirements and recommend compliance procedures to the City of Meridian Building Official as well as address any issues by documented comment and correction notices • Provide review of plan revisions and remain available to applicant after the review is complete PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page io of 13 PROJECT# Page 63 Item#6. City responsibilities: • Notify SAFEbuilt that a plan review is requested via email and/or the o I ve/P roj ect Do x workflows • Provide SAFEbuilt access to Accela and Avolve/Project Do Owner will stamp upper left hand corner of each page of approved plans COMMERCIAL & RESIDENTIAL BUILDING PLAN REVIEW - SPECIFIC COMMERCIAL PLAN REVIEW DELIVERABLES P RE-SILI BM ITTAL MEETINGS Schedule pre-submittal meetings within 24 hours after pre-submittal meeting has been requested via telephone or Microsoft TEAMS meeting TURNAROUND TIMES Provide comments within the following timeframes: (Pre-Issuance) Day 1=first full business day after receipt of plans and all supporting documents Project Type: First Comments Second Comments M ulti-family within 10 business days 5 business days Small commerdal within 10 business days 5 business days (under$5M in valuation) V Large commercial 15 business days 10 business days within TURNAROUND TIMES Provide comments within the following timeframes= (Post- Issuance) Day 1=first full business day after receipt of Plans and all supporting documents Project Type: First Comments Second Comments Minor revision within 5 business days 5 business days V Major revision Within 10 business days 5 business days Miner revisions do not affect more than 1,000 sq_ ft_ of area and do not have a significant impact on the structural or exiting systems. h+linor red lines/comments on the plans to the field inspection team is acceptable to expedite the residential plan review process and reduce resubmittal's RESIDENTIAL PLAN REVIEW DELIVERABLES PRE-SUBMITTAL MEETINGS Schedule pre-submittal meetings within 24 hours after pre-submittal meeting has been requested via telephone or Microsoft TEAMS meeting TURNAROUND TIMES Provide comments or redlined plans within the fallowing timeframes; (Pre-Issuance) Day 1= first full business day after receipt of plans and all supporting documents Project Type: First Comments Second Comments d Single-family within 7-business days 3 business days URNAROUND TIMES Provide comments within the following timeframes: (Past- Issuance) Day 1=first full business day after receipt of plans and all supporting documents Project Type: First Comments Second Comments V Minor revision withln 3 business days 3 business days Major revision within 5 business days 3 business days Minor revisions do not affect more than 1,000 sq. ft. of area and do not have a significant impact cm the structural system. PROFESSIONAL PLAN REVIEW SERVICES (BLDG.,STRUCTURAL, MECHANIUAQ—SAFE BUILT,LLC Page 1 1 of 1 4 PROJECT# Page 64 Item#6. ELECTRICAL PLAN REVIEW - SPECIFIC Electrical plan review within the timeframes designated above for residential and commercial plan review unless submitted as a "stand alone" electrical review "STANDALONE" ELECTRICAL PLAN REVIEW DELIVERABLES TURNAROUND TIMES Provide comments within the following timeframes: Day 1 =first full business day after receipt of plans and all supporting documents Project Type: First Comments Second Comments (not to exceed) (not to exceed) Multi-family within 7 business days 5 business days or less ✓ Small commercial within 7 business days 5 business days or less (under$5M in valuation) Large commercial within 10 business days 7 business days or less ASSUMPTIONS • Any change to SCOPE OF WORK will be in writing and mutually agreed upon • SAFEbuilt will utilize $94.06 per square foot in determining residential single family, multi-family and commercial valuations. • City will provide SAFEbuilt access to Accela and Project Dox software which will contain project application information including the Certificate of Value for Commercial projects_ • Structural plans and structural calculation review as well as the decision to engage a licensed structural engineer shall be at the liability and discretion of SAFEbuilt. At a minimum, structural loads and the complete load path capable of transferring loads from their point of origin to the load-resisting elements shall be plan reviewed. This includes complete gravity and lateral load paths. PROFESSIONAL PLAN REVIEW SERVICES(BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 12 of 13 PROJECT# Page 65 Item#6. Attachment B MILESTONE / PAYMENT SCHEDULE Services are to be provided for sixty (60) consecutive months from the date of the Notice to Proceed. SAFEbuilt's percentage of fee in this document is valid as long as current valuations and Owner fee schedules remain in place. If either change dramatically then fees may change if mutually agreed to in writing by both parties via a Contract Change Order. Remote Plan Review Fee Schedule: Residential Plan Review: • Initial plan review and up to two additional reviews of applicant's response to 26% of Municipal Residential Building Permit SAFEbuilt's requested plan corrections. Fee per applicable application. Commercial Plan Review{Bldg., Structural, Mechanical: • Initial plan review and up to two additional 37% of Municipal Commercial Plan Review reviews of applicant's response to Fee SAFEbuilt's requested plan corrections. If additional plan review is required beyond the two additional reviews above, either prior to permit issuance or after permit issuance, an hourly fee shall be charged. Applicant initiated revisions that `substantially' $110 per hour change the scope of the project will require the plan review process to start over with new review fees and turnaround times. Substantial changes are those that make major impacts to the use, occupancy, exiting and/or structural design of the building as determined by the City. Commercial Electrical Plan Review 10% of Commercial Plan Review Fee Residential Mechanical Plan Review $100 per Manual JD&S Review • SAFEbuilt % of fee in this document is valid as long as current valuations and Owner fee schedules remain in place. If either change dramatically then fees may change as long as they are agreed upon in writing by both parties. No travel or expenses will be reimbursed through this agreement. All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. PROFESSIONAL PLAN REVIEW SERVICES (BLDG.,STRUCTURAL, MECHANICAL)—SAFEBUILT, LLC Page 13 of 13 PROJECT# Page 66 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Task Order 11084.a to Mountain Waterworks for Well 26 Water Treatment Design for the Not-to-Exceed Amount of$310,801.00 Page 67 Item#7. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 11/16/2021 Presenter: N/A Estimated Time: N/A Topic: Task Order 11084.a Well 26 Water Treatment Design Recommended Council Action: Approve Task Order 11084.a to Mountain Waterworks for Well 26 Water Treatment Design for the Not-to-Exceed amount of$310,801.00 and authorize Procurement Manager to sign Purchase Order for the Not-to-Exceed amount of$310,801.00. Background: This agreement is for Well 26 Water Treatment Design. Page 68 CITY OF MERIDIAN Purchase Requisition C%Q fE Purchasing Department DATE OF 10/6/2021 33 E BROADWAY AVE, STE 106 CITY OF MERIDIAN REQUEST MERIDIAN, ID 83642 Public Works PURCHASE ORDERNUMBERMUST • INVOICES TEL: (208)489-0417 CARTONS •CORRESPONDENCE .TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT $900,000.00 IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR Mountain Water Works NO CITY SUPPORT TICKET NO. I PROJECT MANAGER PAYMENT TERMS FREIGHT TERMS F.O.B. REQUESTOR Dean Stacey NET 30 PREPAID DESTINATION Dean Stacey PROJECT NAME: Well 26 Water Treatment Design Description of Purchase Quantity and Pricing ACCOUNTINGCODES DESCRIPTIONPART NUMBER/ • ORPROJECT/ QTY UNIT UNIT PRICE FUND TASK •-DER/CONTRACT PROJECTDESCRIPTION Task Order for Design 1 LS $ 310,801.00 60 3490 96157 96157.a $ 310,801.00 $ - $ - $ - NOTES: Council Approval Date: 11-16-2021 $310,801.00 A#HORIZ5�EDDEPARTMENT SIGNATURE N CD (D Item#7. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96157 Well 26 Construction 930,000.00 0.00 930,000.00 100.00% Total Capital Outlay 930,000.00 0.00 930,000.00 100.00% TOTAL EXPENDITURES 930,000.00 0.00 930,000.00 100.00% Page 70 Date: 11/8/21 02:38:46 PM Page CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 6/10/2021 REQUESTING DEPARTMENT Public Works Project Name: Well 26 Water Treatment Facility Design Project Manager: Dean Stacey Contract Amount: $310,801 Contractor/Consultant/Design Engineer: Mountain Water Works/Stuart Hurley Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490 Yes ❑� No ❑ Construction ❑ GL Account 96157 FY Budget: 2022 Task Order 0 Project Number: 11084 Enhancement: Yes 0 No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑� No ❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) n/a n/a n/a n/a Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category 1D (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: 10/1/2020 Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: Date Award Posted: n/a 7 day protest period ends: VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License n/a Expiration Date: Corporation Status Goodstanding Insurance Certificates Received(Date): 4/12/2021 Expiration Date: 3/16/2022 Rating: A++ Payment and Performance Bonds Received(Date): n/a Rating: Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget 0 On Time Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Reviewed Task Order and compared with recent Well 17 Design and Well 18 design by another firm. Costs and tasks to be performed are in direct alignement of like roejcts for water treatment facilities. Kyle Radek 10/4/2021 Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: November 8,2021 Approval Date 11-16-2021 By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 71 Contract Request Checklist.5.24.2016.Final Item#7. TASK ORDER NO. 11084.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND MOUNTAIN WATERWORKS, INC. (ENGINEER) This Task Order is made this 16th day of November 2021 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by Mountain Waterworks, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 1d) between the above mentioned parties dated October 1, 2020. The Project Name for this Task Order is as follows: WELL 26 WATER TREATMENT FACILITY - DESIGN PROJECT UNDERSTANDING-SUMMARY The City of Meridian's (City) domestic water system experiences water quality issues related to the precipitation of iron and manganese from groundwater resulting in brown water events, reduced chlorine residuals, extended system flushing, and customer complaints. The purpose of this project is to investigate feasible treatment options and implement the preferred water treatment technology at Well 26 located at 6067 N. Locust Grove Rd. The City intends to have the existing structure demolished and construct a new well house/treatment facility including a greensand (or similar technology) system for their approximately 2,500 gallon per minute (GPM) Well 26. The project will consist of: (1) Review of the completed pilot study to establish iron and manganese removal criteria at Well 26. (2) Completing design and specification documents for City procurement of an iron and manganese removal system from an equipment supplier using a competitive procurement process. (3) Completing preliminary and final design, including preparing a construction document package for City's use in obtaining bids for facility construction and installation of the City procured treatment equipment. SCOPE OF WORK Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 1 of 14 MOUNTAIN WATERWORKS, INC Page 72 Item#7. Task 1 - Project Management and Administration Mountain Waterworks will provide the overall project planning, management, scheduling, coordination of efforts and the day-to-day administrative tasks required for this Task Order. Progress Reports The project is assumed to require seven months for the water treatment equipment procurement and design of the water treatment facility. Mountain Waterworks will prepare written monthly progress reports. The reports will include the following items: • A written description of the progress of the work accomplished to date (% complete). • A summary of project issues and concerns that need to be resolved. • A summary of changes in contract amount or time (if applicable). • Monthly invoices for work completed. Deliverables • Monthly progress reports and detailed invoices Task 2 Geotechnical Investigation and Report Mountain Waterworks will arrange for on-site test pit(s) to be excavated and evaluated for foundation/footing design and stormwater system design. We anticipate 1-2 test pits constructed to a depth of approximately 10 feet are required. A perforated pipe will be buried to periodically measure on-site groundwater levels and identify the seasonal high groundwater level required for stormwater system design. The geotechnical findings and recommendations will be documented in an engineered, stamped report. TASK 3: Public Meeting, Building Department, and Zoning Requirements Mountain Waterworks will assist the City in obtaining a certificate of zoning compliance and building department approval. If the preferred layout of new facilities does not meet setback or other dimensional requirements, Mountain Waterworks will assist the City in obtaining a variance. Mountain Waterworks will specifically provide the following: • Certificate of Zoning Compliance — Mountain Waterworks will prepare submittal package per Planning Department requirements for obtaining a certificate of zoning compliance. A preliminary landscaping plan, site plan, and building elevations will be included for zoning compliance and approval. • Neighborhood or School District Meeting — if authorized by the City, Mountain Waterworks will provide public involvement services that may include mailers, door hangers, or limited in-person visits (up to 3). • City of Meridian Building Permit — Complete the Building Permit application and submit copies of the design for review. Mountain Waterworks will meet with the Building Department to discuss their review of the plans, if necessary. Required comments will be integrated into the plans and resubmitted for review and approval. This process is estimated to take one (1) month. This excludes revisions that require modification to the base design. Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 2 of 14 MOUNTAIN WATERWORKS, INC Page 73 Item#7. • Variance Application — If required by the final design layout, Mountain Waterworks will prepare the variance application for submittal to the City of Meridian Community and Development Services (CDS) and building department. This will include one (1) pre-application meeting with the City CDS and building department staff. TASK 4: Iron and Manganese Removal Equipment Procurement Package A pilot study was conducted and report prepared by Loprest dated July 13, 2021. Data produced from the pilot testing will be analyzed to determine the efficacy and efficiency of the tested filter media for iron and manganese removal at varying loading rates. The analysis will also estimate required chlorine dose. We will review the Well 26 Pilot Study Report containing the results of the pilot test and analysis, which will serve as a basis of design for equipment procurement and the full-scale design. The Pilot Study Report will be provided to IDEA as an attachment to the Preliminary Engineering Report (Task 7). Mountain Waterworks will prepare technical specifications to solicit bids for water treatment equipment for the Well 26 treatment project through a competitive bidding process. We will prepare draft performance specifications for the preferred equipment and review it with the City in a Workshop. It is anticipated that the specifications will include: • A range of expected well water quality parameters. • The results of the Well 26 pilot testing. • Well production and pressure information. • Equipment performance requirements for removal of iron and manganese considering other pertinent parameters such as ammonia. • Requirements for identifying and defining treatment system operational and maintenance costs. • Limitations on backwash flow and volume that are allowed as defined by the City. • General control descriptions for operation of the well and water treatment equipment. • Requirements for a guaranty of treatment performance. • Penalties for not meeting the treatment guaranty. • Requirements for submittals, training, startup, and operations and maintenance manuals. Deliverables • Draft and final technical performance specifications for treatment equipment in electronic (PDF & word) format. Task 5: Equipment Procurement Assistance Mountain Waterworks will assist the City during the procurement process of the water treatment equipment in responding to technical questions from prospective bidders. Mountain Waterworks will assist the City's evaluation and selection of the proposed Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 3 of 14 MOUNTAIN WATERWORKS, INC Page 74 Item#7. treatment equipment following the receipt of bids through the competitive bidding process. It is anticipated that the technical information to evaluate will likely include: • Bidders' qualifications • General product information • General layout drawings • Product performance information • Treatment system operational and maintenance costs • Example project installations • References The City will administer the equipment procurement process. Mountain Waterworks will assist the City in responding to technical questions that the City is unable to answer through the review of the Contract Documents. Deliverables • Attend the pre-bid conference • Written responses to technical questions (addendum) • Participate in the review of bids and selection process • Technical evaluation of treatment equipment submittals and concurrence of City's recommendation of award of procurement contract. Task 6: Survey and Mapping Mountain Waterworks will provide topographical survey and prepare base mapping for the design of the water treatment facility at the existing well site, identify waterline connections, and locate the drain line outfall alignment to the existing sanitary sewer system. It is anticipated that the effort will include: • Research and Utility Request: Research available land monuments, plats, records of survey, right-of-ways, and recorded easements on the project site. Contact utility companies prior to survey via Digline to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field, or located by the utility or Owner. It is assumed that the City will provide Title Reports for all properties that will be encroached upon by the proposed project. • Survey Control: Establish survey control at the site and along the outfall line alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. Rights-of-ways (ROWs) will be established and shown on the base map using Ada County G.I.S. data. Any land monuments will be located and shown where found from visual observations during the field survey. Well lot lines will be developed from field measurements and recorded plat information. • TBM's: Establish temporary construction benchmarks (T.B.M.'s) at two locations on the well lot. • Topographic Survey: Complete topographic survey as previously described herein. For the purposes of this scope and fee proposal, it is assumed that survey will include existing observable features such as building corners, sidewalks, fences, edge of roadways, power poles, and utility boxes, property lines (including Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 4 of 14 MOUNTAIN WATERWORKS, INC Page 75 Item#7. existing elevations at property lines), and structures. Existing utilities shall be located to the extent that they are visibly marked by the utility companies. • Base Mapping: Prepare topographic mapping in Civil 3D 2018 at a 1" = 20' scale, 22"x34". Topographic features will be depicted using accepted Mountain Waterworks standard symbols. Topographic features will be shown on the design plans to the extent that they are found or field located by the utility companies, such as fences, utility poles, surfacing, utilities, edge of pavement, face of curb, sidewalks, striped roadway centerline, guard rails, signal poles, signs, mail boxes, face of retaining walls, telephone risers, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Provide locations (X&Y coordinates) and elevation of local temporary benchmarks to be used on Project. Property lines will be shown based on Ada County G.I.S. mapping. Contours at one-half foot (1/2') intervals will be generated. Roadway will be cross-sectioned at 50' intervals on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Deliverables • Base mapping pdf with 0.5-foot contours intervals of the project site, including the drain line outfall to the existing sanitary sewer. Task 7: Preliminary Engineering Report Mountain Waterworks will prepare a preliminary engineering report (PER) for the facility in compliance with IDEA rules IDAPA 58.01.08, Section 503. A conceptual design based on the City-selected equipment in Task 3 will be developed in a workshop approach with the City. The single workshop will address: • Building and equipment layout and equipment selection • New building layout— assume a single building to house the well and treatment systems with a separate electrical room, blower room, fire riser room, chlorine room, and storage closet • Site layout • 30% design drawings: o Title Sheet o Site Civil Plan o Design Criteria o P&ID o Building Layout & Concept Floor Plan o Building Elevation • Document capacity in adjacent sanitary sewer to receive backwash (allowable sewer discharge rate to be provided by the City) • Considerations for installing pressure relief and/or pressure reducing facilities inside of the building (currently outside in a box for Zone 2 and 3) • Operation and maintenance considerations • Preliminary cost estimate • Site source power evaluation Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 5 of 14 MOUNTAIN WATERWORKS, INC Page 76 Item#7. The results of the workshop will be developed into a PER for City and IDEQ approval. The PER will identify design criteria, site constraints, code requirements, permitting and entitlement requirements, a list of equipment to be provided in the facility along with their electrical requirements, and a description of the operation, maintenance, and control of the facility. The geotechnical report for use in footing/foundation and stormwater facility design will be completed and included in the PER. A general building and equipment layout plan will be included. A conceptual level cost estimate (AACE Class 4) will also be provided in the PER. Up to three (3) hard copies and an electronic copy of the PER will be submitted to the City for initial review. Following the City's review, the report will be updated and provided to the City for submission to the IDEQ as the Preliminary Engineering Report for approval. Mountain Waterworks will incorporate applicable IDEA comments and publish a final PER to IDEA and the City. Deliverables • Draft PER for City Review • Final Draft PER for IDEQ Review • Final PER for City and IDEQ Approval Task 8: Design (50%, 90% and 100% Submittals) Mountain Waterworks will prepare civil, mechanical, electrical, architectural, and structural design and prepare plans and specifications for the construction of a treatment facility for iron and manganese removal at Well 26. The facilities included in the design will be as described in the PER from Task 7. Design elements will include the following: 1. Demolition of the existing well facility. 2. New well piping, valves, and controls. 3. Chlorine oxidation and disinfection system, including residual monitoring. 4. Iron and manganese removal equipment including filters, media, backwash controller, backwash flow meter, backwash flow control, pressure relief valve, piping, and other related appurtenances. 5. Electrical power and controls for the new treatment and building equipment. 6. A new single-story CMU building with metal roof and fire suppression system. 7. Lighting, heating, ventilation, and air conditioning for the new building. Lighting is assumed to be industrial, chemically resistant LED lighting. Heating is assumed to be ceiling-mounted industrial electrical space heater(s) and a pad or wall mounted heating and air conditioning unit. Ventilation will be provided by wall and ceiling vents. 8. On-site yard piping improvements needed for the new treatment facility. 9. Site civil design including grading, fencing, landscaping, and vehicle access. 10.Drain line to the existing sanitary sewer main. A traffic control plan is also included within this task. 11.Pressure relief and/or pressure reducing facilities for Zones 2 and 3. 12.Onsite stormwater facilities. 13.Erosion and sedimentation control plan. 14.Design integration of existing equipment that will be reused in the new facility (i.e. generator, automatic transfer switch, and other equipment as defined by the City). Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 6 of 14 MOUNTAIN WATERWORKS, INC Page 77 Item#7. A preliminary list of expected design drawings is attached (Attachment A). Drawings will be submitted to the City for review and approval at 50%, 90% and 100% completion and specifications will be included at the 90% and 100% stages. Up to three (3) hard copies and an electronic copy of the 50% and 90% submittals will be provided to the City, and six (6) hard copy sets of the 100% submittal, plus an electronic copy (PDF and AutoCAD in accordance with GIS Standard) of the 100% submittal, will be provided to the City. Mountain Waterworks will submit final drawings and specifications to the IDEA for review and approval. An engineer's opinion of probable construction cost (AACE Class 2) will be updated and submitted with the 90% documents. The City may require up to ten days for review of the 90% submittal and the IDEA will require up to 42 days for review of the 100% submittal. Subtask 8.1: 50% Design Mountain Waterworks will develop preliminary design plans based on the approved PER. The preliminary design plans will include a site plan, building floor plan, piping and equipment plan, building elevations, and preliminary electrical and control plan. The 50% design package will include a preliminary Opinion of Probable Construction Cost. Deliverables • 50% Complete preliminary design Plans, three (3) hard copies and an electronic copy. • Preliminary Opinion of Probable Construction Cost. Subtask 8.2: 90% Agency Review Design, Plans and Specifications Mountain Waterworks will finalize design of structures, equipment, major plant piping, process, site plan to allow final detailing of the same during the 100% design activities. Specific activities, and work products from 90% design including the following: Project Management • Conduct constructability review • Conduct operability review • Update engineer's opinion of probable construction cost • Coordination with treatment equipment vendor Civil • Finalize building and major site element horizontal locations. • Finalize floor/control levels and finished grades. • Define contractor staging, storage, and off-site access corridors. • Prepare site grading, drainage, landscape and Temporary Erosion Sediment Control plans. • Prepare yard piping and drain layouts. • Prepare access road revisions to building. • Prepare technical specifications. • Erosion and sediment control plan in accordance with City of Meridian requirements. Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 7 of 14 MOUNTAIN WATERWORKS, INC Page 78 Item#7. Architectural • Finalize building floor plan and elevations for building. • Finalize the structural design concepts for the building. • Review applicable codes for the building with City Building, Plumbing, and Electrical Officials and the Fire Marshal. Complete building and fire code analysis. • Prepare technical specifications. Structural • Complete structural design for new building and selection of materials of construction. • Prepare framing plan for building. • Prepare final floor plan for building. • Prepare technical specifications. Process • Final major equipment sizing calculations. • Coordinate with instrumentation and control system (I&CS) on completion of P&ID's. Mechanical • Calculate the hydraulic profile for all major gravity process pipelines and hydraulic structures. Establish maximum and minimum water surface elevations for all process tanks. • Coordinate with architectural and structural team on preparation of building layout. • Assemble catalog cuts for all major process equipment. Complete equipment data sheets or equipment list on all major equipment items to include asset tags per City of Meridian Asset Management Guidelines. • Coordinate with I&C in the finalization of P&ID's. • Finalize ancillary equipment sizing and line sizing calculations (chemical storage, feed and delivery systems, etc.). • Final equipment selection (type, size, weight, and arrangement). • Finalize selection of piping materials. • Prepare technical specifications. HVAC/Plumbing • Energy compliance documents for the mechanical systems. • Prepare mechanical specifications as required. • Prepare fire suppression system drawing and specifications as required. • HVAC load calculations and sizing of new HVAC systems as required. • Ductwork sizing and layout. • Assist in obtaining approval of mechanical/plumbing/fire suppression documents from reviewing agencies. Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 8 of 14 MOUNTAIN WATERWORKS, INC Page 79 Item#7. • Subconsultant will assist Mountain Waterworks in obtaining approval of mechanical documents from reviewing agencies. Instrumentation and Control • Design to upgrade control system to current City standards. • Develop P&IDs. • Develop design package to demo the existing control panel and install the new control panel. • Develop control panel drawings suitable for UL construction. • Prepare instrumentation and control specifications as required. • Subconsultant will coordinate with Mountain Waterworks and other subconsultants on applicable items for City's SCADA integration. Electrical • Service load and standby power calculations to confirm existing generator is adequate. • Site lighting. • Interior lighting. • Power distribution. • Energy compliance documents for lighting systems. • Prepare electrical specifications. • Subconsultant will coordinate with Mountain Waterworks and other subconsultants on applicable items. • Subconsultant will assist Mountain Waterworks in obtaining approval of electrical documents from reviewing agencies. Quality Control Mountain Waterworks and subconsultants will perform quality control (QC) reviews by a senior engineer to provide an independent review of the 90% design prior to submittal to City. 90% Design Workshop Mountain Waterworks will conduct a design workshop to review the work products with the City's personnel and other key project staff. Workshop minutes, including the City's comments will be prepared and distributed to attendees. Mountain Waterworks will implement City and agency review comments from the 90% review as warranted. Completion of the final design will include plans, technical specifications, bid schedule and the Engineer's Opinion of Probable Construction Cost. These items will be submitted to the City for bidding purposes. Subtask 8.3: 100% Contract Document Preparation Mountain Waterworks will complete final technical contract drawings and specifications for competitive bidding. Key activities during this phase will include: Design Management • Conduct final reviews and incorporate 90% design review comments. Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 9 of 14 MOUNTAIN WATERWORKS, INC Page 80 Item#7. Contract Document Completion • Prepare final construction drawings. • Prepare final technical specifications. • Prepare final calculations. • Complete final checking and coordination review, agency permitting compliance reviews. Incorporation of Final Review Comments Mountain Waterworks will modify the contract documents to reflect all agreed upon 90% review comments from the City, IDEA, ACHD and Mountain Waterworks' quality control review. The final documents will then be provided to the City and will be submitted to IDEA for review and approval. These plans will be incorporated into the building permit package in Task 10. Task 9: Bidding Assistance - Water Treatment Facility Mountain Waterworks will assist the City during the bidding process for the construction of the new water treatment facility in responding to technical questions from prospective bidders. The City will facilitate the bidding process. Mountain Waterworks will assist the City in responding to technical questions that the City is unable to answer through review of the Contract Documents for City's use in preparation of addenda. Deliverables • Written responses to technical questions submitted during the bidding • Attend pre-bid meeting and prepare and distribute meeting notes to attendees Task 10: Agency Coordination and Permitting Mountain Waterworks will assist the City with agency approval process. Mountain Waterworks shall submit the plans, on behalf of the City, specifically limited to the following: • IDEQ Plan Approval. Complete relevant IDEQ Checklists and submit copies of the design for review. Mountain Waterworks shall make required changes to the plans and specifications based on their review. • Ada County Highway District Plan Approval. Submit copies of the design to the ACHD for review and approval of the off-site sewer line and a new driveway approach, if applicable. Task 11: Existing Well and Pump Evaluation and Reconstruction As part of the City's standard maintenance program, the well pump, column, and motor are planned to be removed, possibly serviced, and the well will be video inspected and condition documented. Under Task 11, engineer shall coordinate, supervise, or perform the following: Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 10 of 14 MOUNTAIN WATERWORKS, INC Page 81 Item#7. • Conduct a short-term hydraulic test of the existing equipped well as baseline data for specific capacity and for comparison to the original specific capacity; and to compare the actual current pump performance to the original pump curve. • Complete a business case evaluation for a new pump considering submersible, vertical turbine, pump speed, and placing the well inside and/or outside of the building. The pump will be designed to pump into both Zones 2 and 3. • If the existing pump is reused, develop documents and schedules for use in obtaining quotes, and work with the City Project Manager to engage contractor for pump and motor removal, pump inspection/rehabilitation, motor delivery to electrical shop (Hopper Electric), motor pickup and delivery back to well site, and pump/motor re-installation. • Video inspect the inside of the well casing and screens. • Develop documents and schedules for use in obtaining quotes, and work with the City Project Manager to engage contractor for well cleaning. A specification for disinfection and cleaning will be included. • Work with the City's contractor on site to inspect and disinfect tools to be inserted in the well and to provide on-site procedures for the cleaning. • Video inspect the cleaned casing and well screens. • Develop a technical memorandum to the City with documentation, conclusions, and recommendations on the current condition of the well and pump. Engineer will review contractor's invoices and recommend action for payment. Deliverables for this Task • Well inspection technical memorandum. • Well inspection video(s). • Well pump evaluation. • Well pump rehabilitation bidding/quote documents (if decided to reuse existing pump). • Well cleaning bidding/quote documents. ASSUMPTIONS While preparing our scope of services and fee schedule, we have made the following assumptions: a. Water quality information for Well 26. b. Pilot Study Report c. Record drawings and documents for Well 26, including the well construction log and Well Completion Report. d. Pump curve and pump setting information for the well pump as currently installed. Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 11 of 14 MOUNTAIN WATERWORKS, INC Page 82 Item#7. e. Historical geotechnical reports and/or drilling logs for the Well 26, as available. f. A legal description for the existing Well 26 lot. g. Provide SCADA 1/0 standards and guidance to Mountain Waterworks on the requirements of the instrumentation and controls and SCADA systems for the project. 2. The City will provide the following during any bidding or procurement process: a. All bidding and contract documents including, but not limited to, advertisement for bids, bid forms, contracts/agreements, condition of the contract, award, bonding and insurance requirements. b. Incorporate Mountain Waterworks' technical specifications and drawings into Bidding and Contract Documents using the City's contracting boiler plate to bid procurement of the treatment equipment. c. Provide all administration to bid and procure the iron and manganese removal water treatment equipment. d. Incorporate Mountain Waterworks' technical specifications and drawings into Bidding and Contract Document using the City's contracting boiler plate to bid the construction and startup of the water treatment facility. e. Distribute the Bidding and Contract Documents for the construction of the iron and manganese removal water treatment facility. f. Award and execute a contract with the successful bidder following review of the bids received for the construction of the water treatment facility. 3. The City will: a. Provide on-going review of Mountain Waterworks' work and timely consideration of design issues within a time acceptable to the City and Mountain Waterworks. b. Pay for all permits and fees needed for the project. c. Provide project manager to serve as a liaison with other City departments and divisions to facilitate the project reviews and approval process. d. After approving the PER, provide updated planning and zoning, building department, and any other City required checklists or design documents to be incorporated into the final design. 4. Mountain Waterworks will: a. Utilize an electronic platform for transmission of project documents including invoicing, reports, any electronic plan submittals, and construction submittal review. 5. Assumptions: a. The bidding of the iron and manganese removal water treatment equipment will be open to both greensand and adsorptive types of water treatment systems that meet specified performance requirements. b. The wastewater from the facility will be discharged to the City's existing sanitary sewer system. There will be no backwash storage tank. The City has Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 12 of 14 MOUNTAIN WATERWORKS, INC Page 83 Item#7. or will verify that the existing sanitary sewer main has adequate capacity to receive and convey the equipment backwash water. c. Space is available on the existing lot for on-site stormwater disposal. d. It is assumed that a fire suppression (sprinkler) system will be required. e. The existing electrical service to the site is capable of accepting the electrical loads associated with the demands for this new equipment, building, and associated appurtenances. An evaluation to verify this assumption is included in Task 7. f. The filter panel, programming and startup will be provided by the manufacturer for the process equipment. SCADA and base station programming will be included as part of a future Construction Services Task Order. g. The well evaluation will be limited to analysis of the well condition. If the existing pump will be refurbished, the selected pump contractor will be responsible for evaluating and recommending pump upgrades such as bearing replacement, impeller changeout, motor servicing, or bowl replacement. 6. Construction Services a. Services during construction of the water treatment facility are not included in this Scope of Work. A separate scope of work and associated budget will be prepared after the bidding of the construction of the water treatment facility. TIME OF COMPLETION and COMPENSATION SCHEDULE Final Design being completed by May 2022. COMPENSATION AND COMPLETION SCHEDULE Task Description Estimated Completion Date Compensation 1 Project Management and Ongoing throughout project $6,800 Administration 2 Geotechnical Investigation and 45 days after NTP for this task $6,530 Report 3 Public Meeting and Zoning Ongoing throughout project $8,300 Requirement 4 Iron and Manganese Removal 45 days after NTP for this task $15,920 Equipment Procurement Package 5 Bidding Assistance- Equipment Dependent on City's Scheduling $3,940 Procurement 6 Survey and Mapping 30 after NTP for this task $6,350 7 Preliminary Engineering Report 60 days after NTP for this task $34,180 g Final Design for 90% and 100% 90 days after NTP for this task $197,381 Submittal 9 Bidding Assistance-Construction of Dependent on City's Scheduling $10,160 the Water Treatment Facility 10 Agency Coordination, Meetings and Ongoing throughout project $2,760 Permitting 11 Well and Pump Evaluation and 60 days after NTP for this task $18,480 Reconstruction Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 13 of 14 MOUNTAIN WATERWORKS, INC Page 84 Item#7. ■ TASK ORDER TOTAL: $310,801.00 The Not-To-Exceed amount to complete all services listed above for this Task Order No. 11084.a is three hundred ten thousand eight hundred one dollars ($310,801.00). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. No travel or expenses will be reimbursed through this agreement. All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. CITY OF MERIDIAN MOUNTAIN WATERWORKS, INC. BY: BY: KEITH WATTS, Procurement Manager Dated: 11-16-2021 Dated: 11/8/21 Council Approval Date: 11-16-2021 City Project Manager: Dean Stacey Task Order 11084.a WELL 26 WATER TREATEMENT FACILITY-DESIGN Page 14 of 14 MOUNTAIN WATERWORKS, INC Page 85 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : November 16 , 2021 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit ( you maybe interrupted if your topic is deemed inappropriate for this forum ) Name ( please print ) Brief Description of Discussion Topic 01 V< < (�, 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: National Apprenticeship Week Page 86 Item#8. E IDAN*-- I LHO The Office of the Mayor PRO Cl A 'IIALA rlojv WHEREAS, National Apprenticeship Week is celebrating its 7th anniversary of raising awareness of the vital role Registered Apprenticeships provide in creating opportunities by allowing apprentices to earn while they learn and preparing a pathway to well-paying careers in Meridian and across the nation; and, WHEREAS, Registered Apprenticeship programs enable employers to develop and train their future workforce while offering career seekers affordable paths to secure high-paying jobs; and, WHEREAS, Meridian recognizes the role of Registered Apprenticeship in expanding opportunities in our workforce for all qualified individuals who wish to contribute to America's industries; and, WHEREAS, Registered Apprenticeship provides a one-stop shop to engage and connect labor, business and education partners with apprenticeship and industry specific resources; and, WHEREAS, as a proven and industry-driven training model, Registered Apprenticeship provides a critical talent pipeline that can train and build up our workforce to address the needs of our country. THEREFORE, I, Mayor Robert E. Simison, hereby proclaim November 15`" 21't, 2021 as NationaCA_p_prenticesh " 'Week in the City of Meridian and urge the residents of our community, and communities across the country, to recognize the value of and support apprenticeships during this week, and throughout the year. Dated this 16th day of November, 2021 Robert E. Simison, Mayor Treg Bernt, Council President Brad Hoaglun, City Council Vice-President Liz Strader, City Council Joe Borton, City Council Jessica Perreault, City Council Luke Cavener, City Council Page 87 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works: Fiscal Year 2022 Budget Amendment in the Amount of $873,975.00 for Well 18 Water Treatment Page 88 Item#9. Mayor Robert E. Simison E IDIAN 1 City Council Members Joe Borton Treg Bernt Public Works ! n 'A H C? Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Keith Watts, Purchasing Manager FROM: Dean Stacey Engineering Project Manager DATE: 10/29/2021 SUBJECT: CONSTRUCTION CONTRACT WITH LACY MECHANICAL FOR THE CONSTRUCTION OF WELL 18 WATER TREATMENT FACILITY FOR A NOT-TO-EXCEED AMOUNT OF $1,883,430. I. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 208-489-0386 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 II. DESCRIPTION A. Background High levels of iron and manganese in the water supplied by Well 18 have resulted in customer complaints. The City has completed pilot testing, equipment procurement, and design of a water treatment facility to remove iron and manganese. Filter equipment will be delivered to the City in January, 2022. Construction of the facility was originally advertised in August, but only one bid was received which was significantly higher than expected. The second advertisement attracted 5 bidders and the low bid was over$200K less than the first advertisement. B. Proposed Project Page 89 trem#s. age 2 The proposed project is the demolition of the existing well pumping facility and replacement with a new 1,728 SF building that includes a 10-foot diameter by 34-foot long pressure filter tank with associated piping, new well pump, and new electrical equipment. Other site improvements include an underground detention tank and sewer service and an upgraded Idaho Power service. Temporary construction fencing will be erected along the property boundary to keep the construction site secure, and will be replaced with permanent 8-foot security fencing at the end of construction. III. IMPACT A. Fiscal Impacts Funding is available in the Well 18 Water Treatment Enhancement after a recent FY22 Council approved budget amendment of$873,975. Project Costs: Fiscal Year 20-22 Total Budget $3,073,975 Project Funding Fiscal Year 2022 Account Code/Codes Available Funding 60-3490-96118 $2,063,430 Funding Required Contract $1,883,430 Contingency $180,000 Total Funding Required $2,063,430 B. Time Constraints Council approval will allow this project allow us to stay on schedule for the completion of construction by the end of calendar year 2022. Departmental Approval: /.(3'J,!S-7 Page 90 Item#9. Mayor Robert E. Simison City Council Members: EI Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek Assistant City Engineer DATE: 10/21/2021 SUBJECT: BUDGET AMENDMENT IN THE AMOUNT OF $873,975 FOR WELL 18 WATER TREATMENT ANTICIPATED COUNCIL PRESENTATION DATE: 11/16/21 I. RECOMMENDED ACTION A. Move to: 1. Approve the Well 18 Water Treatment Budget Amendment for $873,975. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 208-489-0386 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey,Director of Public Works 208-985-1259 III. DESCRIPTION i A. Back r ound In FY20 and 21, City Council approved budget for the construction of an iron and manganese treatment facility at Well 18. The primary purpose for this project is to improve water quality and customer satisfaction by reducing issues created by iron and manganese precipitation in water supplied by this well. Some phases of the project have been completed including pilot testing, pump and well evaluation, filter equipment procurement, and design of the treatment facility. The project is now ready for the construction phase of the treatment facility which includes construction of the building, equipment installation, and site work. B. Reason for Amendment Original bids for the construction phase of the treatment facility were opened in August 2021,with only 1 bidder and a bid of$2,108,255. The engineer's June 2021 estimate for this work was$1,785,775 and the budget available was$1,189,455. Due to the high cost Page 91 Public Works Department . 33 E.Broadway Avenue, Suite 200,Meridian,ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org item#s. and only having 1 bidder,the decision was made to rebid the project in an effort to get a more competitive bid. The project was re-bid on October 2021 and resulted in 5 bids and a low bid of$1,8 83,43 0.Timing of the bid in relation to other major projects in the valley was one of the major reasons for the improved outcome of the bidding process. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan, and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: This project will improve level of service to customers by removing iron and manganese and associated taste and odor from water supplied by Well 18. C. Fiscal Impacts The overall budget for the Well 18 Treatment Project will increase by$873,975 in order to provide adequate funding to complete the project. The reasons for the higher than anticipated costs are likely due to the current construction environment,shortage of labor and material cost increases. The current Enterprise Fund balance can support the additional funding required. Total project funding will increase from $2,200,000 to $3,073,975. Budgeted (Estimated Costs) Actual Costs FY20&FY21 Well Assessment $10,000 $7,487 Design Contracts $280,000 $254,755 Supporting Services Expenses $10,000 $22,921 Equipment Procurements $500,000 $624,462 Construction $1,200,000 $1,883,430 Engineering Services During Construction $70,000 $93,633 Special Inspections $10,000 $7,287 Contingency $120,000 $180,000 Project Budget Total $2,200,000 $3,073,975 Budget Shortfall $873,975 Well 18 Bidding Contractors Bid Andersen Construction $ 2,728,052 Irminger Construction $ 2,063,430 *Lacy Mechanical (winning bidder) $ 1,883,430 Syblon Reid $ 2,394,500 TCG Construction $2,142,996 Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Page 92 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org item#s. V. ALTERNATIVES The City could choose to not approve the budget amendment and re-advertise the project again in hopes of a more favorable bid. The current bid represents a savings of over $200,000 vs the first bid,and a future bid is not guaranteed to be lower. Additional concerns with project delay include: 1. A filter has already been procured for this project and may need to be stored at additional expense, 2. Customer demand for quality water, continues to grow, and 3. Execution of future projects (including more filter projects) could be delayed. VI. TIME CONSTRAINTS This project is currently planned for completion in FY 2022. Choosing not to approve this request will result in delay of project completion. This will also delay the improvements in level of service associated with this project. i i Approved for Council Agenda: i i I i Public Works Department . 33 E.Broadway Avenue, Suite 200,Meridian,ID 83642 Page 93 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org N N N N a o N \ U r � U z Z CVO N ^ No rn o N 0 N \ N N G1 No m r-i > )- F N ^ 0 ❑El 4] J O H a p o w 7 7 V 4 N F H vLnv m c rE o C m a > O E w c ri �' w 3vv L o3 o " LO N C N e-1 Z Z a'=.+ Z a�. W O v o f a l a m �- w m m Q ro I C + poI a a CN n c o o m o` \� C o bm ao o co C iln v4 V}if c vll 'p er a� v' a) m Q a tw o`f E i O Q v 0- o 0 U 0- U ~ N O a" Q .a ,} a m rl m v N E m m N o F m a m a6 N a) o O �r cr N T y O_ o a LL N m a O 'a a) c a p m o W cm w c a = �o v 4- E o ID C ,0 o m o 0 o (v bjOc O j E @ Q ml F a a Q ~ o o 0 o o c O u u o m LL N O ti T O F --� N N o ` J J �--I J O C7 ro ) C U w o E U C7 to C7 m a. O O LL d W O 7 k tM 1` rn r\ n t` N N r` r, n 1\ r` r, U n r\ t` n 1` r` 4 r, r\ 1\ co N N N N N N N N ONO N N N N N N N N N N N N ' ' N N N N N N • N N NO eOi O-I cOi rOl O O O O-I O O CD O CD CD CD O CD O O 0 O O O O O O O O O O O E c-I ei a-I a1 ei e-I rl ci ci ci ci ei i c-I a-1 �-i c-I c-I c-I �-1 c-I ci d ci ci ci ci ci rl r-I c-I d c-I a-i a-I ci ci ci ci ci a-r ci c-I c-I 'i n. ci c-I c-I c-I �-I '�-I O., ci c-I ci ry LL N O l0 O c-I N m to pp E O O -1 O N N N N N M O O O O v dam' 'd dam' VN' 'Nd' V y C7 (7 Ur a N F y O o ,. 4 j a y o 0 0 0 0 0 0 0 �'+ o 0 0 0 0 0 00 0 0 0 0 0 o 0 0 0 0 0 0 0 0 �" 0 2 4+ a m m m m m m m m a m m m m m m m m m m m m m a m m m m m m C a m m m N oommmmmmmmommmmmmmmmmmmm mommmmmm � ommm ry V W > o � A =� POLL OLL u P4LL F" U Item#9. 10/262021 10:23AM City of Meridian FY2022 Budget Amendment Form PriorYear(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Public Works Funding 2021 2022 2023 2024 2025 Title: Well 18 Water Treatment Personnel $ $ - $ $ $ - Instructions for Submitting Budget Amendments: Operating $ $ - $ $ $ - ➢Department will send Amendment with Directors signature to Finance(Budget Analyst)for review Capital $ 2,200,000 $ 873,975 >Finance will send Amendment to Council Liaison for signature Total $ 2,200,000 $` r 873,975 $ - $ $ - $ - >Council ilaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 3,073,975 ➢Mayor will send signed Amendmentto Finance(Budget Analyst) Evaluation Questions >Finance(Budget Analyst)will send approved copy ofAmendmentto Department Please answer all Evaluation Questions using the financial data referenced above. >Departmentwill add ropy ofAmendmentto Council Agenda using Novus Agenda Manager 1. Describe what is being requested? j $873,975 is being requested to provide additional funding to award the low bid for the construction and completion of the Well 18 Water Treatment Project.This project is in year 2 of 2 years.Pilot testing has been completed,equipment has been procured and purchased and the facility design has been completed.Facility construction is the last phase of the project. The current Enterprise Fund balance will support the addition of this funding in FY22. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The need for the additional funding was not known when the 2022 budget was requested.The project was bid out two different times in an effort to get a more reasonable bid. Higherthan anticipated costs are likely due to the current construction environment,labor shortage and high material costs. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? Waiting until the next fiscal year to provide funding for the project would delay project completion by at least another 15 months and incur additional expense for storage of water treatment equipment which has already been purchased and must be incorporated into the construction. 4.Describe the proposed method of funding? Iffunding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Enterprise Fund. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes-.Public Health and Safety 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. - --- ... Yes-Purchasing for contract execution. I 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No j 8.Is the amendment goin to result in the disposal of an asset?(Yes or No) 9.Anv additional comments? F-7 Total Amendment Request $ 873,975 Every effort should be made to avoid reopening the budgetfor an amendment.`Departments will need to provide back up and appear before the City Council to justifybudget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 95 City of Meridian FY2020 Budget Amendment Fo&I AdminBusOps\BusOps\BudgetRates\Budget Prep Rec_10 years\Budget'22Wmendments\Well 18\FY2022 Budget Amendment Well 18_10-20-2021-WS-CM changes-10-26-21 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Construction Contract Between the City of Meridian and Lacy Mechanical, Inc. for Public Works Construction of Well 18 Water Treatment Facility Project for the Not-To- Exceed Amount of$1,883,430.00 and Authorize Procurement Manager to Sign Contract and Associated Purchase Order Page 96 Item#10. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 11/16/2020 Presenter: Keith Watts Estimated Time: N/A Topic: Approval of Construction Contract to Lacy Mechanical, Inc for the Well 18 Water Treatment Facility project for the Not-To-Exceed amount of$1,883,430.00 and authorize the Procurement Manager to sign the contract and associated purchase order. Recommended Council Action: Approval of Construction Contract to Lacy Mechanical, Inc for the Well 18 Water Treatment Facility project for the Not-To-Exceed amount of$1,883,430.00 and authorize the Procurement Manager to sign the contract and associated purchase order. Background: This contract is the result of formal bid #PW-2138-11027G. This was a re-bid of an earlier bid project in which we only received one bid. This second time we received five (5) bids. This project is short of funds and will follow an approved Budget Amendment on the Agenda. Page 97 Item#10. CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 18 WATER TREATMENT FACILITY PROJECT # 11027.G THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 16th day of November, 2021 , and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Lacy Mechanical, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 9974 W. Fairview Ave., Boise, ID 83704 and whose Public Works Contractor License # is PWC-C-12219. INTRODUCTION Whereas, the City has a need for services involving Water Treatment Facility Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1 .2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1 .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WELL 18 WATER TREATMENT FACILITY- CONSTRUCTION page 1 of 14 Project 11027.G Page 98 Item#10. represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $1,883,430,00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 2 of 14 Project 11027.G Page 99 Item#10. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 250 (two hundred fifty days) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 280 (two hundred eighty days) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 3 of 14 Project 11027.G Page 100 Item#10. Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 4 of 14 Project 11027.G Page 101 Item#10. all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 5 of 14 Project 11027.G Page 102 Item#10. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. WELL 18 WATER TREATMENT FACILITY- CONSTRUCTION page 6 of 14 Project 11027.G Page 103 Item#10. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 7 of 14 Project 11027.G Page 104 Item#10. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 8 of 14 Project 11027.G Page 105 Item#10. contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. WELL 18 WATER TREATMENT FACILITY- CONSTRUCTION page 9 of 14 Project 11027.G Page 106 Item#10. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Lacy Mechanical, Inc. Purchasing Manager Attn: Brent Lacy 33 E Broadway Ave 9974 W. Fairview Ave. Meridian, ID 83642 Boise, ID 83704 208-489-0417 Phone: 208-377-3237 Email: brent@lacyinc.com Idaho Public Works License #PWC-C-12219 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN NAME OF CONTRACTOR LACY MECHANICAL, INC. itally signed by Brent A.Lary BY: BY:Brent A. Lacy @"ALzryn=La-Mecbanlcal,lnc,nu, e���lary,n�rnm��_ KEITH WATTS, Procurement Manager Dated: 11-16-2021 Dated: November 5, 2021 WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 10 of 14 Project 11027.G Page 107 Item#10. Approved by Council: 11-16-2021 Project Manager Dean Stacey WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 11 of 14 Project 11027.G Page 108 Item#10. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2138-11027.G ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-2138-11027.G, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • TECHNICAL SPECIFICATIONS (vol. 1 ) by Keller Associates dated 6-18-2021 (397 of pages) • TECHNICAL SPECIFICATIONS (vol. 2) by Keller Associates dated 6-18-2021 (729 of pages) • PLANS by Keller Associates dated 6/18/2021 (80 of pages) WELL 18 WATER TREATMENT FACILITY- CONSTRUCTION page 12 of 14 Project 11027.G Page 109 Item#10. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1 ,883,430.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 250 Days from Notice to Proceed Milestone 2 Final Completion 280 Days from Notice to Proceed PRICING SCHEDULE �"" Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 18 WATER TREATMENT FACILITY per IFB PW-21 38-1 1 027.G NOT TO EXCEED CONTRACT TOTAL....................... 1.883.430.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 1 Mobilization (5%) 1 LS $ 36,705.0 2 General Conditions 1 LS $71,249.0 3 Use Tax on City Provided Equipment(6%) 1 LS $36,476.0 4 Demolition 1 LS $29,188.0 5 Manholes and Vaults 1 LS $31,556.0 6 Site Concrete and Paving 1 LS $45,173.0 7 Fencing 1 LS $31,556.0 8 Landscaping 1 LS $42,905.0 9 Miscellaneous Site Work 1 LS $62,652.0 10 Yard Piping and Valves 1 LS $65,790.0 11 Concrete Foundation and Slabs 1 LS $ 105,700.0 12 CMU 1 LS $ 140,635.0 13 Roof 1 LS $ 119,206.0 14 Doors 1 LS $30,709.0 15 Miscellaneous (Finishes, Grating,Stairs, Etc.) 1 LS $ 109,132.0 16 Interior Mechanical Piping/Valves 1 LS $ 112,478.0 17 Well Pump, Column,Shaft, Etc Replacement 1 LS $ 164,974.0 18 Filtration Equipment Installation 1 LS $ 17,651.0 19 Chlorine System 1 LS $54,205.0 WELL 18 WATER TREATMENT FACILITY- CONSTRUCTION page 13 of 14 Project 11027.G Page 110 Item#10. 20 Miscellaneous Mechanical 1 LS $ 7,821.0 21 Trench Drains, Sinks, Shower, Etc. 1 LS $ 65,944.0 22 Fire Suppression 1 LS $ 67,130.0 23 HVAC 1 LS $40,178.0 24 Electrical, Instrumentation, and Controls 1 LS $ 394,417.0 WELL 18 WATER TREATMENT FACILITY-CONSTRUCTION page 14 of 14 Project 11027.G Page 111 Item#10. Andersen Construction of Irminger Construction Idaho,LLC Inc. Lacy Mechanical,Inc. Syblon Reid TCG Construction Total Cost $2,641,419.0 $2,081,504.0 $1,883,430.0 $2,284,500.0 $2,042,758.0 Selected# 0 0 24 0 ' 0 Selected($) $0 $0 $1,883,430.0 $0 $0 # Items QuantityRequired UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost #0-1 Mobilization(5%) 1 $132,068.0 $132,068.0 $39,487.0 $39,487.0 $36,705.0 $36,705.0 $100,000.0 $100,000.0 $102,150.0 $102,150.0 #0-2 General Conditions 1 $349,032.0 $349,032.0 $16,306.0 $16,306.0 $71,249.0 $71,249.0 $70,000.0 $70,000.0 $229,484.0 $229,484.0 #0-3 Use Tax on City Provided Equipment(6%) 1 $28,800.0 $28,800.0 $36,475.0 $36,475.0 $36,476.0 $36,476.0 $36,500.0 $36,500.0 $36,476.0 $36,476.0 #04 Demolition 1 $50,352.0 $50,352.0 $46,776.0 $46,776.0 $29,188.0 $29,188.0 $85,000.0 $85,000.0 $20,664.0 $20,664.0 #0-5 Manholes and Vaults 1 $250,000.0 $250,000.0 $76,241.0 $76,241.0 $31556.0 1$31,556.0 $83,000.0 $83,000.0 $92,036.0 $92,036.0 #0-6 Site Concrete and Paving 1 $155,733.0 $155,733.0 $65,761.0 $65,761.0 $45:173.0 1$45,173.0 $85,000.0 $85,000.0 $129,253.0 $129,253.0 #0-7 Fencing 1 $28,800.0 $28,800.0 $69,690.0 $69,690.0 $31,556.0 $31,556.0 $78,000.0 $78,000.0 $33,600.0 $33,600.0 #0-8 Landscaping 1 $36,433.0 $36,433.0 $47,240.0 $47,240.0 $42,905.0 $42,905.0 $42,000.0 $42,000.0 $53,760.0 $53,760.0 #0-9 Miscellaneous Site Work 1 $152,131.0 $152,131.0 $46,676.0 $46,676.0 $62,652.0 $62,652.0 $5,000.0 $5,000.0 $21,782.0 $21,782.0 #0-10 Yard Piping and Valves 1 $57,015.0 $57,015.0 $116,855.0 $116,855.0 $65,790.0 $65,790.0 $125,000.0 $125,000.0 $67,569.0 $67,569.0 #0-11 Concrete Foundation and Slabs 1 $56,950.0 $56,950.0 $126,510.0 $126,510.0 $105,700.0 $105,700.0 $185,000.0 $185,000.0 $104,462.0 $104,462.0 #0-12 CMU 1 $129,222.0 $129,222.0 $92,070.0 $92,070.0 $140,635.0 $140,635.0 $125,000.0 $125,000.0 $108,519.0 $108,519.0 #0-13 Roof 1 $52,836.0 $52,836.0 $178,271.0 $178,271.0 $119,206.0 $119,206.0 $185,000.0 $185,000.0 $21,560.0 $21,560.0 #0-14 Doors 1 $28,460.0 $28,460.0 $59,529.0 $59,529.0 $30,709.0 $30,709.0 $46,000.0 $46,000.0 $28,123.0 $28,123.0 #0-15 Miscellaneous(Finishes,Grating,Stairs,Etc.) 1 $79,900.0 $79,900.0 $122,856.0 $122,856.0 $109,132.0 $109,132.0 $182,000.0 $182,000.0 $154,608.0 $154,608.0 #0-16 Interior Mechanical Piping/Valves 1 $28,666.0 $28,666.0 $110,394.0 $110,394.0 $112,478.0 $112,478.0 $123,000.0 $123,000.0 $88,667.0 $88,667.0 #0-17 Well Pump,Column,Shaft,Etc Replacement 1 $130,000.0 $130,000.0 $160,223.0 $160,223.0 $164,974.0 $164,974.0 $160,000.0 $160,000.0 $156,853.0 $156,853.0 #0-18 Filtration Equipment Installation 1 $105,250.0 $105,250.0 $58,190.0 $58,190.0 $17,651.0 $17,651.0 $38,000.0 $38,000.0 $9,789.0 $9,789.0 #0-19 Chlorine System 1 $58,519.0 $58,519.0 $47,848.0 $47,848.0 $54,205.0 $54,205.0 $24,000.0 $24,000.0 $10,214.0 $10,214.0 #0-20 Miscellaneous Mechanical 1 $99,615.0 $99,615.0 $37,390.0 $37,390.0 $7,821.0 $7,821.0 $19,000.0 $19,000.0 $35,766.0 $35,766.0 #0-21 Trench Drains,Sinks,Shower,Etc. 1 $69,990.0 $69,990.0 $69,119.0 $69,119.0 $65,944.0 $65,944.0 $58,000.0 $58,000.0 $74,467.0 $74,467.0 #0-22 Fire Supression 1 $42,895.0 $42,895.0 $54,890.0 $54,890.0 $67,130.0 $67,130.0 $40,000.0 $40,000.0 $40880.0 $40,880.0 #0-23 HVAC 1 $65,317.0 $65,317.0 $57,300.0 $57,300.0 $40,178.0 $40,178.0 $40,000.0 $40,000.0 $39:596.'0 $39,596.0 #0-24 Electrical,Instrumentation,and Controls 1 $453,435.0 $453,435.0 $345,407.0 $345,407.0 $394,417.0 $394,417.0 $350,000.0 $350,000.0 $382,480.0 $382,480.0 Page 112 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith If8117#10. 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96118 WELL 18 CONSTRUCTION 11027 Well 18 Water Treatment 0.00 2,250.00 (2,250.00) 0.00% 11027.f Well 18 Water Treatment 0.00 670,275.60 (670,275.60) 0.00% Equipment 11027.J Well 18 Water Treatment 0.00 87,734.25 (87,734.25) 0.00% Facility - SDC's Carr.. . Carryforward 1,838,562.00 0.00 1,838,562.00 100.00% Total Capital Outlay 1,838,562.00 760,259.85 1,078r3O2.15 58.65% TOTAL EXPENDITURES 1,838,562.00 760,259.85 1,078,302.15 58.65% Date: 11/9/21 12:54:40 PM Page: 1 Page 113 Item#�o. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 11/9/2021 REQUESTING DEPARTMENT PW Project Name: Well 18 Water Treatment Facility Project Manager: Dean Stacey Contract Amount: $1,883,430 Contractor/Consultant/Design Engineer: Contractor-Black Eagle Construction Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3520 Yes ❑ No ❑ Construction ❑ GL Account 53351 FY Budget: Budget Amdenment Task Order ❑ Project Number: 11045 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ✓❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 0 No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 10/25/2021 7 day protest period ends: November 1,2021 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 12219 Expiration Date: 7/31/2022 Corporation Status Active-Existing Insurance Certificates Received(Date): 11/5/2021 Expiration Date: 10/1/2022 Rating: A+ Payment and Performance Bonds Received(Date): 11/9/2021 Rating: A+ Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: November 9,2021 Approval Date - -2021 By: Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 114 Contract Request Checklist.5.24.2016.Final Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Discussion of Discovery Park Phase 2 Bid Results and Approval of AIA A133 Guaranteed Maximum Price Amendment to Kreizenbeck Constructors for the Not-To-Exceed Amount of$12,591,602.00 Page 115 Item#11. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Mike Barton, Parks Superintendent Meeting Date: 11/16/2021 Presenter: N/A Estimated Time: 10 Topic: Discussion of Discovery Park Ph. 2 Bid Results and approval of AIA A133 GMP Amendment to Kreizenbeck Constructors for the Not-To-Exceed amount of $12,591,602.00 Recommended Council Action: Discussion of Discovery Park Ph. 2 Bid Results and approval of AIA A133 GMP Amendment to Kreizenbeck Constructors for the Not-To-Exceed amount of$12,591,602.00. Background: The current budget available is 14,377,594.00. Any unused contingency amounts will be returned to the City. Page 116 Item#11. Mayor Robert E. Simison N�- City Council Members: E IDIA Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H 0 Luke Cavener Liz Strader MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton,Parks Superintendent DATE: November 16,2021 RE: Discovery Park Phase 2, Guaranteed Maximum Price Amendment(GMP) On 12-17-19 Council approved an AIA A133 agreement with Kreizenbeck Constructors for CM/GC services for Discovery Park Phase 2. Shortly thereafter we began design but put the project on hold due to a lack of infrastructure in the area around the park. In 2021 the infrastructure around the park began to catch up so we restarted our design efforts. These designs were presented and our Parks and Recreation Commission and City Council. In the fall of 2021 the design was finalized and the project was put out to bid. We opened bids on 11-3-21 and received good responses from our bid request especially from the larger bid packages of site work, landscaping and electrical. The total of all bids, construction soft costs and contingency is 12,591,602.00. This amount does not include costs for owner provided items such as design,builders risk insurance, fixtures, signage and special inspections. The amount does not include the skate park and bike park as those will be self- managed design build contracts. We have an approved budget of 14,770,000.00 from park impact fees requested in FY20 and FY22. Therefore, we are asking your approval of a GMP amendment for the construction of Discovery Park Phase 2 in the amount of 12,591,602.00. Page 117 �TT!�AAIADocument Al 33 - 2009 Exhibit A NE Guaranteed Maximum Price Amendment This Amendment dated the 5", day of November in the year 2021 ,is incorporated into the accompanying AIA Document A 133T'" 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the 5th day of December in ADDITIONS AND DELETIONS; the year 2019(the"Agreement") The author of this document has added information needed for its (In wards, indicate day, month, and year.) completion,The author may also have revised the text of the original for the following PROJECT: AIA standard form.An Additions and (Name and address at location) Deletions Report that notes added information as well as revisions to the City of Meridian standard form text is available from Discovery Park Phase IT the author and should be reviewed.A 2121 E. Lake Hazel Road vertical line in the left margin of this Meridian,Idaho 83642 document indicates where the author has added necessary information THE OWNER: and where the author has added to or (Name, legal stalus, and address) deleted from the original AIA text. City of Meridian This document has important legal 33 East Broadway Avenue consequences.Consultation with an attorney is encouraged with respect Meridian,Idaho 83642 to its completion or modification. THE CONSTRUCTION MANAGER: AIA Document A201 TM-2007, (Name, legal status, and address) General Conditions of the Contract Kreizenbeck,LLC dba Kreizenbeck Constructors for Construction,is adopted in this 11724 West Executive Drive document by reference.Do not use Boise, Idaho 83713 with other general conditions unless this document is modified. (Paragraphs deleted) ARTICLE A.1 (Table deleted) (Paragraphs deleted) (Table deleted) §A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work,as that term is defined in Article 6 of this Agreement. §AAAA The Contract Sum is guaranteed by the Construction Manager not to exceed Twelve Million Five Hundred Ninety-One Thousand Six Hundred Two dollars and no cents($ 12,591,602.00.),subject to additions and deductions by Change Order as provided in the Contract Documents. §A.1.1.2 Itemized Statement of the Guaranteed Maximum Price.Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances,contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. Init. AIA Document A133'"—2019 Exhibit A.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Ar(:WW(;ls.""A)A;•Ihu AIA Lugo.Bind"AIA Contract Docurnnnls Hf(J'rerlistttrtnf lindamarks and may nut be used without permisslolf.This dacurnanlwas produced by AIA software at 17:24:01 ET on 11/05/2021 under Order No.9043950261 which expires on 12/29/2021,is not for resale,is licensed for ono-Ilme use l only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia,o User Notes: (1261 page 118 Item#11. (Provide below or reference an attachment.) See attachment#1 to Exhibit A-GMP Amendment. §A.1.1.3 The Guaranteed Maximum Price is based on the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount,for each and the date when the amount expires.) None §A.1,1.4 Allowances included in the Guaranteed Maximum Price,if any: (Identify allowance and state exclusions, if any,from the allowance price) Item Price($0.00) None §A.1.1.5 Assumptions,if any,on which the Guaranteed Maximum Price is based: See Attachment#2 to Exhibit A—GMP Amendment §A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: See Attachment#3 to Exhibit A—GMP Amendment §A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) See Attachment#3 to Exhibit A—GMP Amendment §A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) See Attachment#3 to Exhibit A—GMP Amendment §A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) None ARTICLE A.2 §A.2.1 The anticipated date of Substantial Completion established by this Amendment: See Attachment#4 to Exhibit A—GMP Amendment OWNER(Signature) CONSTRUCTIO ANAGER(Signature) Michael J.Berard,Manager Robert E. Simison, Mayor (Printed name and title) (Printed name and title) Init. AIA Document A133'"—2019 Exhibit A.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American institute of Arc hitecm.""AIA."the AIA Logo,and"AIA Con lric1 Documents"are registered trademarks and may nal he used wlIbout permission.This document was produced by AIA software at 17:24:01 ET on 11/05/2021 under Order No.9043950261 which expires on 12/29/2021,is not for resale,is licensed fpr a only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.o User Notes: (1261 Page 119 Item#11. Kreizenbeck Constructors ATTACHMENT #1 TO EXHIBIT A - GMP AMENDMENT ITEMIZED GMP BREAKDOWN CITY OF MERIDIAN - DISCOVERY PARK PHASE 2 MERIDIAN, IDAHO 83642 www.kreizenbeck.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHo 83713 ■ 208.336.9500 208.336.7444 ICR No.RCE-764 Page 120 Item#11. Kreizenbeck Constructors ............................................................................................................................................................................................................... City of Meridian - Discovery Park Phase II Attachment#1 to GMP Exhibit A Itemized GMP Breakdown Schedule of Values Sitework $ 4,472,600.00 Landscaping $ 2,210,448.00 Tennis/Pickle Ball Courts $ 334,100.00 Fencing $ 325,000.00 Concrete $ 657,910.00 Masonry $ 142,033.00 Steel $ 32,780.00 Wood Framing $ 82,000.00 Roofing &Joint Sealants $ 102,865.00 Doors, Frames, Hardware&Coiling Doors $ 58,180.00 Finishes $ 90,955.00 Specialties $ 10,235.00 Shade Shelters $ 84,505.00 Plumbing $ 126,946.00 HVAC $ 50,213.00 Electrical $ 904,471.00 SUBTOTAL $ 9,685,241.00 Permits& Fees All By Owner Testing &Special Inspections By Owner Commissioning By Owner Builder's Risk Insurance By Owner General Conditions $ 1,455,554.00 Insurances General & Professional Liability) $ 154,299.00 Kreizenbeck Constructors Payment and Performance Bonds $ 103,668.00 CM/GC Contingency $ 564,755.00 -TOTAL $ 11,963,517.00 CM Fee-5.25% $ 628,085.00 -TOTAL $ 12,591,602.00 11724 WEST EXECUTIVE DRIVE ■ BOISE, IDAHO 83713 ■ 208.336.9500 208.336.7444 ICR NO. RCE-764 Page 121 Item#11. Kreizenbeck Constructors ATTACHMENT #2 TO EXHIBIT A - GMP AMENDMENT CLARIFICATIONS / ASSUMPTIONS / EXCLUSIONS CITY OF MERIDIAN - DISCOVERY PARK PHASE 2 MERIDIAN, IDAHO 83642 www.kreizenbeck.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHo 83713 ■ 208.336.9500 208.336.7444 ICR No.RCE-764 Page 122 Item#11. Kreizenbeck Constructors ATTACHMENT #2 TO EXHIBIT A — GMP AMENDMENT CLARIFICATIONS / ASSUMPTIONS / EXCLUSIONS CITY OF MERIDIAN — DISCOVERY PARK PHASE 2 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 Kreizenbeck Constructors has assumed the following clarifications, assumptions, and/or exclusions in the development of our GMP Proposal for the City of Meridian Discovery Park Phase 2 project. Clarifications /Assumptions / Exclusions: 1) The GMP and scope of work includes what is indicated on the contract documents, except for what may be clarified/assumed/excluded as per this list. Any work required that is not specifically indicated on the contract documents is excluded from the GMP and will require a change order to complete the additional work. 2) We have included the new work as identified on the contract documents, but have not anticipated any work of any kind to the existing buildings, site, or systems which is not specifically called out. 3) Our proposal does not include repair or correction of existing or deficient conditions. 4) We specifically exclude any design/engineering of any kind for any work other than the manufacturers standard design/engineering for shop fabricated wood trusses and/or shade shelter structures. 5) Usage of existing temporary utilities (electricity, water, etc.) is permitted and usage costs of utilities are at no charge to the Contractor. 6) We anticipate excavating the site to subgrade elevations (bottom of base course or subbase as applicable) at all asphalt and concrete locations based on the design sections indicated on the Civil Drawings. We exclude any removal or replacement of any unsuitable or unstable soils below the design sections. If unsuitable materials are encountered and additional cut/fill operations or geosynthetic fabrics are necessary, as determined by the Civil or Geotechnical Engineer, it will be at an additional cost and a Change Order to the GMP will be required to be issued. Note — The design on the plans will take precedence over any comments indicated in the soils report. 7) At all softball backstops, we included Schedule 80 posts with LG40 sleeves. (Schedule 80 sleeves are not compatible with the Schedule 80 posts for a tight fit.) As a result, Schedule 80 sleeves are specifically excluded. www.kreizenbeck.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHO 83713 ■ 208.336.9500 208.336.7444 ICR No.RCE-764 Page 123 Item#11. 8) Any/All AISC Certification Requirements or IAS AC172 accreditation requirements for a steel fabricator, joist/deck manufacturer, or erector are excluded. 9) All roof sheathing is anticipated to be 7/16" thick typical at all roof decking as indicated per the structural drawings. 10) All metal roofing, metal wall panels, metal fascia, metal soffits, and downspouts is to be pre-finished from the manufacturer and shall be from the manufacturers' standard colors — typical. Field painting is specifically excluded. 11) We did not include any work, of any kind, inside the skate park area — typical. 12) We did not include any work, of any kind, in the bike park/pump track area — typical. This exclusion includes the undefined area on the south, east and north sides between the bike park and back of concrete/work limit lines. 13) The following items have been specifically excluded from our GMP Proposal and are assumed to be by the Owner. • All Plan Review Fees, Building Permit Fees, ACHD Fees, Impact Fees, and/or other Agency Fees as required • All utility fees (sewer, water, Idaho Power, Intermountain Gas, Williams Pipeline, phone/internet/security, etc.) • Testing and Special Inspections of any kind • Commissioning • Geotechnical Report • Builder's Risk / Property Insurance is by Owner • A&E Fees • Design or Engineering of any kind. • Delegated design submittals requiring professional engineering other than specifically listed in this letter. • Errors and Omissions of the Architect/Engineer • Abatement or removal of asbestos / hazardous materials of any kind (If encountered, they will be removed by the Owner) • Any/all issues of any kind related to unforeseen conditions, unsuitable soils, and/or unsuitable moisture conditions • All signage and/or wayfinding that is not specifically identified on the plans. • All phone/data/tv/security cabling and/or equipment • Furnishings, Fixtures and Equipment of any kind • Owner's Contingency www.kreizenbeck.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHO 83713 ■ 208.336.9500 208.336.7444 ICR No.RCE-764 Page 124 Item#11. Kreizenbeck Constructors ATTACHMENT #3 TO EXHIBIT A - GMP AMENDMENT CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN - DISCOVERY PARK PHASE 2 MERIDIAN, IDAHO 83642 www.kreizenbeck.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHo 83713 ■ 208.336.9500 208.336.7444 ICR No.RCE-764 Page 125 Item#11. ATTACHMENT #3 TO EXHIBIT A— GMP AMENDMENT CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN DISCOVERY PARK PHASE II 2121 E. LAKE HAZEL ROAD MERIDIAN, IDAHO 83642 KC PROJECT NO. 20-080 November 5, 2021 PROJECT DOCUMENTS as issued by JENSEN BELTS ASSOCIATES, dated 09/29/21, and prepared by the following project team: Architect: INSIGHT ARCHITECTS Landscape Architect—JENSEN BELTS ASSOCIATES Civil Engineer— ERICKSON CIVIL, INC Mechanical Engineer- MUSGROVE ENIGINEERING, P.A ADDENDUM — Addendum No. One Dated 10/18/2021 Addendum No. Two Dated 10/27/2021 SPECIFICATIONS — Project manual as issued by JENSEN BELTS ASSOCIATES dated 09/29/2021 OTHER DOCUMENTS - DRAWINGS — 0.0 COVER SHEET L1.0 SITE PLAN—OVERALL L1.1 SITE PLAN—AREA A L1.2 SITE PLAN—AREA B L1.3 SITE PLAN- AREA C L1.4 SITE PLAN—AREA D L1.5 SITE PLAN- AREA E L1.6 SITE PLAN—AREA F L1.7 SITE PLAN -AREA G L1.8 SITE PLAN—AREA H L1.9 SITE PLAN -AREA I L1.10 SITE PLAN -AREA J L1.11 SITE PLAN -AREA K L1.12 SITE PLAN—AREA L L1.13 SITE PLAN—AREA M L1.14 SITE PLAN-AREA N L1.15 SITE PLAN—AREA O L1.16 SITE DETAILS L1.17 SITE DETAILS L1.18 SITE DETAILS L1.19 SITE DETAILS L1.20 SITE DETAILS L1.21 SITE DETAILS C1.0 CIVIL COVER SHEET CIA CIVIL NOTES C1.3 DEMOLITION PLAN C.GD.0 GRADING PLAN—OVERALL C.GD.1 GRADING PLAN—AREA A C.GD.2 GRADING PLAN—AREA B C.GD.3 GRADING PLAN -AREA C C.GDA GRADING PLAN—AREA D C.GD.5 GRADING PLAN—AREA E C.GD.6 GRADING PLAN—AREA F C.GD.7 GRADING PLAN—AREA G C.GD.8 GRADING PLAN -AREA H C.GD.9 GRADING PLAN—AREA I C.GD.10 GRADING PLAN—AREA J C.GD.11 GRADING PLAN—AREA K C.GD.12 GRADING PLAN—AREA L C.RD.0 ROADWAY—TYP SECTIONS C.RD.1 ROADWAY—S.RECREATION WAY C.RD.2 ROADWAY—S.RECREATION WAY C.RD.3 ROADWAY—S.RECREATION WAY C.RS.1 ROADWAY—S.RECREATION WAY STRIPING&SIGNAGE C.SD.0 STORM DRAIN—OVERALL C.SD.1 STORM DRAIN—AREAS 1,2,4,5&6 CITY OF MERIDIAN—DISCOVERY PARK PHASE II Page 1 of 2 Page 126 Item#11. .2 STORM DRAIN-AREAS 3&28 C.SD.3 STORM DRAIN-AREAS 7,8,9, 10, 11, 12&13 C.SDA STORM DRAIN-AREAS 14, 15, 16, 17, 18, 19&20 C.SD.5 STORM DRAIN-AREAS 21,22,23,24,25,26&27 C.SD.6 STORM DRAIN-ACDH AREA 1 &2 C.DT.0 DETAILS-0 C.DT.1 DETAILS-1 C.DT.2 DETAILS-2 C.DT.3 DETAILS-3 C.DTA DETAILS-4 C.DT.5 DETAILS-5 C.DT.6 DETAILS-6 C.DT.7 DETAILS-7 C.DT.8 DETAILS-8 C.DT.9 DETAILS-9 C.DT.10 DETAILS-10 C.UT.1 WATER PLAN C.UT.2 SEWER LINE A-STA 1-15 TO 16+55 C.UT.3 SEWER LINE A-STA 16+65 TO 25+03.06/SEWER LINE C-STA 1+00 TO 1+48 C.UT.4 SEWER LINE B-STA 1+00 TO 5+58.44/EXISTING RESTROOM CONNECTION TO SEWER C.UT.5 SEWER&WATER DETAILS C.UT.5 SEWER&WATER DETAILS C.UT.6 SEWER&WATER DETAILS C.G1.1 GRAVITIY IRRIGATION-LINE A G.G1.2 GRAVITY IRRIGATION-LINE B ESC.0 SWPP COVET SHEET&DETAILS ESC.1 SWPP-PLAN AREA A ESC.2 SWPP-PLAN AREA B ESC.3 SWPP-BMP DETAILS L2.0 PLANTING PLAN-OVERALL L2.1 PLANTING PLAN-AREA A L2.2 PLANTING PLAN-AREA B L2.3 PLANTING PLAN-AREA C L2.4 PLANTING PLAN-AREA D L2.5 PLANTING PLAN-AREA E L2.6 PLANTING PLAN-AREA F L2.7 PLANTING PLAN-AREA G L2.8 PLANTING PLAN-AREA H L2.9 PLANTING PLAN-AREA I L2.10 PLANTING PLAN-AREA J L2.11 PLANTING PLAN-AREA K L2.12 PLANTING PLAN-AREA L L2.13 PLANTING PLAN-AREA M L2.14 PLANTING PLAN-AREA N L2.15 PLANTING PLAN-AREA O L2.16 PLANTING DETAILS L3.0 IRRIGATION PLAN-OVERALL L3.1 IRRIGATION PLAN-AREA A L3.2 IRRIGATION PLAN-AREA B L3.3 IRRIGATION PLAN-AREA C L3.4 IRRIGATION PLAN-AREA D L3.5 IRRIGATION PLAN-AREA E L3.6 IRRIGATION PLAN-AREA F L3.7 IRRIGATION PLAN-AREA G L3.8 IRRIGATION PLAN-AREA H L3.9 IRRIGATION PLAN-AREA I L3.10 IRRIGATION PLAN-AREA K L3.11 IRRIGATION PLAN-AREA K L3.12 IRRIGATION PLAN-AREA L L3.13 IRRIGATION PLAN-AREA M L3.14 IRRIGATION PLAN-AREA N L3.15 IRRIGATION PLAN-AREA O L3.16 IRRIGATION DETAILS L3.17 IRRIGATION DETAILS L3.18 IRRIGATION DETAILS G1.0 COMFORT STA.COVER SHEET G1.1 SHOT TI COVER SHEET G2.0 ACCESSIBILITY SHEET A1.0 ARCHITECTURE SITE PLAN A2.0 COMFORT STATIONS PLAN A3.0 TRASH ENCLOSURE PLANS A3.1 SHELTER PLANS A3.2 WORKSHOP TI PLANS A4.0 EXTERIOR ELEVATIONS A5.0 BUILDING SECTION AND INT ELEV A6.0 RCP AND WALL SECTIONS A7.0 DETAILS A8.0 DETAILS AND SCHEDULES S1.0 STRUCTURAL ELEMENTS S1.1 GENERAL STRUCTURAL NOTES(G.S.N) S1.2 SPECIAL INSPECTIONS S2.1 FOUNDATION PLAN S2.2 ROOF FRAMING PLAN S3.1 DETAILS S3.2 DETAILS M0.0 MECHANICAL COVER SHEET M1.0 HVAC PLAN COMFORT STATION M1.1 HVAC PLAN WORKSHOP STATION M2.0 HVAC SCHEDULES AND DETAILS P1.0 WASTE AND VENT PLAN COMFORT STATION P1.1 WATER PLAN COMFORT STATION P1.2 PLUMBING PLANS WORKSHOP TI P2.0 PLUMBING DETAILS P3.0 PLUMBING SCHEDULES E0.0 ELECTRICAL COVERF SHEET E0.1 ENERGY CODE E1.0 ELECTRICAL OVERALL SITE PLAN E1.1 ELECTRICAL SITE PLAN-AREA A E1.2 ELECTRICAL SITE PLAN-AREA B E1.3 ELECTRICAL SITE PLAN-AREA C E1.4 ELECTRICAL SITE PLAN-AREA D E1.5 ELECTRICAL SITE PLAN-AREA E E1.6 ELECTRICAL SITE PLAN-AREA F E1.7 ELECTRICAL SITE PLAN-AREA G E1.8 ELECTRICAL SITE PLAN-AREA H E2.0 LIGHTING PLAN E2.1 MECHANICAL POWER PLAN E2.2 ELECTRICAL PLAN E2.3 WORKSHOIP POWER PLAN E3.0 ONE-LINE DIAGRAMS E3.1 EKECTRICAL SCHEDULES AND DETAILS E3.3 ELECTRICAL DETAILS E4.0 MERIDIAN ELECTRICAL DETAILS E4.1 MERIDIAN ELECTRICAL DETAILS E4.2 MERIDIAN ELECTRICAL DETAILS CITY OF MERIDIAN-DISCOVERY PARK PHASE II Page 2 of 2 Page 127 Item#11. Kreizenbeck Constructors ATTACHMENT #4 TO EXHIBIT A - GMP AMENDMENT MASTER PROJECT SCHEDULE CITY OF MERIDIAN - DISCOVERY PARK PHASE 2 MERIDIAN, IDAHO 83642 www.kreizenbeck.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHo 83713 ■ 208.336.9500 208.336.7444 ICR No.RCE-764 Page 128 Item#11. Master Project Schedule 1000 Obtain Bid Documents from Architect/City 1d 040CT21* 040CT21 Obtain Bid Documents from Architect/City 1001 Submit Plans to City&ACHD for Permits 4d 05OCT21 080CT21 TSubmit Plans to City&ACHD for Permits 1002 KC-Finalize Bid Requirements to Subcontractors 4d 05OCT21 08OCT21 JKC-Finalize Bid Requirements to Subcontractors 1003 Subcontractor Bidding 15d 11OCT21 29OCT21 Subcontractor Bidding 1004 KC-Prepare GMP&Submit to City 6d 01NOV21 08NOV21 KC-Prepare GMP&Submit to City 1010 City-Review Kreizenbeck GMP/Project Scope 5d 09NOV21 15NOV21 City-Review Kreizenbeck GMP/Project Scope 1015 City Council Meeting 1d 16NOV21 16NOV21 7TCity Council Meeting 1030 Obtain City ApprovaVContract/NTP-Owner 5d 17NOV21 23NOV21 Obtain City Approval/Contract/NTP-Owner I 1035 Issue Subcontracts 5d 24NOV21 30NOV21 Issue Subcontracts I 1 1040 Building&ACHD Permits Issued 44d 11OCT21 09DEC21 I I Building&ACHD Permits Issued I I I 1050 Initial Submittals Due 18d 01DEC21 24DEC21 L Initial Submittals Due I I I 1060 Begin to Procure Lead Items/Materials 48d 27DEC21 02MAR22 I Begin to Procure Lead Items/Materials I 1100 Construction-Discovery Park Phase 2 1 582d 01FEB22 30APR24 Construction-Discovery Park Pha 8030 Substantial Completion 1d 01MAY24 �011MAY24 Substantial Completion Start date 20 EP21 O Early bar Finish date 01MAY24 KREIZENBECK CONSTRUCTORS Early start point Data date 20SEP21 Run date 06OCT21 Discovery Park - Phase 2 0 Early finish point aenum r Master Project Schedule 11/05/21 O Progress bar O Critical bar iIIIIIIIIIIIIIIIIIIIIIIII,Summary bar Start milestone point Primavera Systems,Inc.1 10 Finish milestone ooinl Page 129 Item#11. Additions and Deletions Report for AIA® Document A 133TM — 2019 Exhibit A This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:24:01 ET on 11/05/2021. PAGE 1 This Amendment dated the 51h day of November in the year 2021 ,is incorporated into the accompanying AIA Document !33T"'�9,A 133TM-2009,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the 5th day of December in the year 2019(the "Agreement") City of Meridian Discovery Park Phase I.I 2121 E.Lake Hazel Road Meridian,Idaho 83642 City of Meridian 33 East Broadway Avenue Meridian,Idaho 83642 Kreizenbeck,LLC dba Kreizenbeck_Construetors 1 l 724 West Executive Drive TABLE OF ARTICLES. A.4— GUARANTEED MAXIMUM PRICE Ars-r—DATE-OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A,3—INFORMATION UPON WHICH AMENDMENT S4LW-D PROFESSIONALS, AND StiPPLIER Hoist Idaho 83713 ARTICLE AA GUARANTEED MAXIMUM PRICE j AAA� Max-mum Oriwn , Guaranteed iAAGov Pun-suent to Seetien 3.2.6 aR-he Agreement,the Owner and Gensiraetion Manager-hereby amend the AgFeemepit lie establish a Gutiranteed k4aximum Priee. As agreed by ilbe Owner and Constmetion Manager,!he Guam Agreement, Additions and Deletions Report for AIA Document A133'"—2019 Exhibit A.Copyright @ 1991,2003,2009,and 2019 by The American Institute of Architects. All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 17:24:01 ET on 11/05/2021 under Order No.9043950261 which expires on 12/29/ for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyngh e-mail copyright@aia.org. Page 130 User Notes: (1261 Item#11. AAA he Cot e!Stim is guaFrapt § A.,2 itemiaet--Staterr+en"f-the--Guaranteed-Max!Fnum Mo r>,w.,,:ded below I kemiEed.tote..en .r..h,e C_,,,,,.anteed AR.,,.:.,.um Pfiee organized by tmde emegeFies, win :C Aid 4 The C..,,struetion M.,,..,.e0s Fee is.et forth in SeetieR!. t 2 of lit e A gr emenl-. €.1.3 of the Agreement x A�Alternates R A d d !;d A 1t.,niates :l",.,y ine1u ed in the liar" ARTICLE A.1 Item Price following eaceuttten of Lhis Exhi . Item Prise Gnnditions faAsceptance §A.1,1.6 Unit priGes,A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement,the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price.As agreed by the Owner and Construction Manager,the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work,as that term is defined in Article 6 of this Agreement. A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Twelve Million Five Hundred Ninety-One Thousand Six Hundred Two dollars and no cents($ 12,591,602.00.).subicet to additions and deductions by Chanue Order as provided in the Contract Documents. A.1.11 itemized Statement of the Guaranteed Maximum Price.Provided below is an itemized statement of the Guaranteed Maximum Price or anixed by trade Gate ❑ries allowances contingencies.alternates the Construction Manager's Fee,and other items that comprise the Guaranteed Maximum Price. (Provide below w-refere►rce an uNachmenlJ See attachment#1 to Exhibit A-GMP Amendment. A.1.1.3 The Guaranteed Maximum Price is based on the following alternates if any,which are described in the Contract Documents and arc hereby accepted ted by the Owner: Stale the-numhers or other idertti ication of accepled alternates. If the Contract Documents per►rtil the Owner to acc _ii Olher olle-Plafes subsggueni to the execution o this Amendment,attach a schedule o such other alternales shotvin•the a+ttotent for each and the date when the amount ex ires. None A.1.1.4 Allowances included in the Guaranteed Maximum Price if any: (Ident , appf i2r)allowance_and state exclusions, dany, from the allowtntc•e Pike) Additions and Deletions Report for AIA Document A133-—2019 Exhibit A.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects. All rights reserved,The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used Z without permission.This document was produced by AIA software at 17:24:01 ET on 11/05/2021 under Order No.9043950261 which expires on 12/29/ for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyngh e-mail copyright@aia.org. Page 131 User Notes: (1261 Item#11. Item Un4s-and Limitation FINS8-PAFUfI AQ) Item Price JJM None PAGE 2 6 A.1.1.5 Assumptions, if any,on which the Guaranteed Maximum Price is based: See Attachment#2 to Exhibit A-GMP Amendment A.1.1.6 The Guaranteed Maximum Price based upon the following Supplementary and other Conditions of the - - _ _ .._ _. .. .. ........ ._...._...._...-...--- Contract: See Attachment#3 to Exhibit A-GMP Amendment §A.1_.1.7 The GuaranteedMaximum Price is based,upon the following Specifications: (Eifller_lrsr Lhe Snecificcrlfonc here, or ig er•to an exhihil atlached to this Agreement.) See Attachment#3 to Exhibit A-GMP Amendment $A.1.1.8 The Guaranteed Maximum Price is based upon the following GrawinM: (Ei►her list the Drawines-Here or►-efer to an exhibit attached to this Agree►rrenL) See Attachment#3 to Exhibit A-GMP Amendment §A.1.1.9 The Guaranteed Maximum Price_is_based upon the following other documents and infortnalion: (List any o1her cocuments or in ormatimi here,of refer►o an exhibit altachad to Mis Areemeni.) None ARTICLE A.2 $A.2.1 The anticipated date of Substantial Completion established by this Amendment: See Attachment#4 to Exhibit A-GMP Amendment OWNER(.5i nalui CONSTRUCTION MANAGER(Signaturel Michael J. Berard.Manager (Printed name and title) (Printed name and 011W PAGE 3 ARTICLE AX2 RATS F GO MENCEMENT AND SUBSTANTIAL COMPt ETinlu C A 7 1 The date..C..em .efteewent lie 11 ME shall W ]---T4e-&te of emeetition of this Amendment. f 1 risimblishedu as foliows; Additions and Deletions Report for AIA Document A133'"—2019 Exhibit A.Copyright©1991,2003,2009,and 2019 by The American Institute of Architects. All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used 3 without permission.This document was produced by AIA software at 17:24:01 ET on 11/05/2021 under Order No.9043950261 which expires on 12/29/ for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyrigh e-mail copyright@aia.org, Page 132 User Notes: (1261 Item#11. if R-date o k mmeHee..en t.F H' e W eFk:s a at seleetedt iL en the date oF......,...o, m en tahal1 be the date.,F exeeu v-i--m-ia--e--rm.. vrrxvrrr, I h041Wa%Ped49ffi-L1[p VA4.4-Substa-tial Go... lotion tlF r 1 By the following date, e Wof1i . eOH._Of the elltiFe 117O ,file f`OnSir-M Oil MOF� hall., I.r: FJkdC ft� �xt'►'e 1".l. �h..t lr.,,..le.;r, ., _.-•, 1.r,,�:,n oe fol11�o,wingdaieti Pe"n of Work Substantial-completen Date ITTded in this Seefien A.2.3, 4qW-].-,..d 4,,..ages if any}shall b_am i_.... .at_fOF!h i„_See ion 6.1.6oa•_ihe Agreement. ARTlCLS A J NFOR uATION UPON W141 H AMENDMENT IS 13ASE-D Paeumews and the Wiewow. Women Title Bate Raw SWIM Title Bate Rages § A:3..3:Plie 3t1,...,ing Di,awiiigr. emi-e hib,-ofk&-ked-t., NumbeF Title Bate A.3.1.4 The Sustainabi lify Pion,if any: S-0 r r,�on.The -i-rrlvrirarrra�r-e--nc ....a..till.. C/irCiSTPr! Agr-eerneffo Additions and Deletions Report for AIA Document A133TI—2019 Exhibit A.Copyright @ 1991,2003,2009,and 2019 by The American Institute of Architects. All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used 4 without permission This document was produced by AIA software at 17:24:01 ET on 11/05/2021 under Order No.9043950261 which expires on 12/29/ for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyngh e-mail copyright@aia org. Ljge 133 User Notes: (1261 Item#11. TWO Date Pages rWn Rem PFIGe §-A-3.1 A Assumptions -niw-r�m 7 ARTICLE AA CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, SNALS-,-AND SUPPLIERS § AAA 14ie Conswuetioa Manag -1 shall retain the eensultants,e9fitffi ws,design professionals,find suppliers ( , This Amendment to the Agreement enteFed into as of the day and year AH1 wFitten flbeNN& Additions and Deletions Report for AIA Document A133"—2019 Exhibit A.Copyright @ 1991,2003,2009,and 2019 by The American Institute of Architects. All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used 5 without permission.This document was produced by AIA software at 17:24:01 ET on 11/05/2021 under Order No.9043950261 which expires on 12/29/ for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyrig e-mail copyright@aia.org. Page 134 User Notes: (1261 Item#11. Certification of Document's Authenticity AIA® Document D401 TM - 2003 I, Steffany Johnson,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:24:01 ET on l 1/05/2021 under Order No. 9043950261 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA'Document Al33TM—2019 Exhibit A, Guaranteed Maximum Price Amendment,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signe fA (Title) (Dated) AIA Document D401 TM—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 17:24:01 ET on 11/05/2021 under Order No.9043950261 which expires on 12/29/2021,is not for resale,is licensed for one-time use only,a be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. pa a 135 User Notes: (1261 9 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith Item#11. 07 - Impact Fund 5290 - Parks and Recreation Construction Division From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96927 Discovery Park 10121 Discovery Park 14,120,000.04 184.68 14,119,815.36 100.00% 10121.n Discovery Park Phase 2 0.00 50,000.00 (50,000.00) 0.00% Pre-Construction Carr. . . Carryforward 307,778.16 0.00 307,778.16 100.00% Total Capital Outlay 14,427,778.20 50,184.68 14,377,593.52 99.65% TOTAL EXPENDITURES 14,427,778.20 50,184.68 14,377,593.52 99.65% Date: 11/9/21 04:06:47 PM Page: 1 Page 136 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council Meeting November 16, 2021 Item #12: Red Aspen AZ AERIALZONINGFLUM Maps– Conceptual Site Plan Item #13: Centerville Sub. PLANNED DEVELOPMENTZONINGFLUM Maps– Revised Landscape RevisedOriginal Plan Changes to Agenda : NONE for the action items . Item #12 : Red Aspen ( H-2021 .0066) Application (s ) : ➢ Annexation and Zoning Size of property, existing zoning , and location : This site consists of 2 . 99 acres of land , currently zoned RUT in the county, located at the southeast corner of Linder and Overland Roads , Adjacent Land Use & Zoning : • North — Overland Road ; I - L zoning and Camping World RV service and storage; • East — R-8 zoning , Meridian Fire Station • South — R- 15 zoning , multi-family residential • West — Linde Road ; C-C zoning and developing commercial land . History : N/A Comprehensive Plan FLUM Designation : Commercial and Medium Density Residential (small area along south boundary) Summary of Request : Annexation and Zoning of 2 . 99 acres of land with a request for the C- G zoning district for the purpose of constructing an approximate 30 , 000 square foot flex space building on 2 . 19 acres of land . • Despite two future land use designations, the City anticipates commercial uses on this corner, especially because it is adjacent to two major arterial roadways (Linder and Overland ) and near a planned interstate overpass . I The proposed use of Flex Space is subject to specific use standards ( UDC 11 -4-3- 18) and is proposed to serve as the core office and warehouse of a local business , Red Aspen , Red Aspen is a social selling (online) beauty company that aims to utilize this site as their new main hub for their growing business . Flex Space is a principally permitted use in the requested C- G zoning district. • Access to the site is proposed via one connection to Linder Road and one connection to Overland Road with both accesses restricted to right-in/right-out only maneuvers . The access point from Linder road is an existing 25-foot wide access point for the multi-family project adjacent to the south and the Applicant is proposing to widen the curb-cut to 40 feet and share it with the residential project. ACHD has reviewed this proposal and supports the Applicant's request to widen the existing Linder access . Both proposed access points are as far away from the Linder and Overland Roads intersection as is physically possible . • The Applicant has proposed to place the building near the hard corner and pull it away from the existing multi-family residential to the south , approximately 119 feet from the south property line ( includes the required 25-foot landscape use buffer) ; no buffer is required adjacent to the Fire Station because it is not a residential use . • The Applicant is also showing the required landscape buffers adjacent to the arterial streets with the one adjacent to Overland being shown wider than the required 25 feet , Due to required right-of-way dedication along Overland Road , the proposed building is shown approximately 42 feet behind the existing sidewalk which has led to the building being further south than Staff originally anticipated . • In order to help the site gain back some of its usable area and create more space between the proposed use and the existing residential to the south , Staff is recommending the Applicant reduce the street buffer to Overland Road by going through the i Alternative Compliance process with future applications . o Staff finds this revision to the site has at least two positive outcomes : the building can be moved further north towards Overland to create a better presence and streetscape along this corridor, and ; moving the building further north creates further separation from the existing multi-family development to the south while at the same time allowing more area for trucks to safely turnaround in the south half of the site . • The Applicant has stated the planned hours of operation are Monday thru Friday, 9am to 5 : OOpm with occasional Saturday hours during the holiday season (October- December) . Most importantly, the Applicant has stated that any freight deliveries will only occur during normal hours of operation . Due to the proposed hours of operation , Staff believes the proposed Development Agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use (Staff did not include any provisions to specifically limit the hours of operation ) . • Site and floor plan show compliance with all specific use standards for proposed Flex Space use . Including position of loading docks . Applicant is proposing two loading docks and one roll-up door for the building . The loading docks and roll- up door are proposed to be located at the south end of the building and face the east property line , towards the Meridian Fire Station . Commission Recommendation : Commission recommended approval of subject annexation . Summary of Commission Public Hearing : 1 . Summary of Commission public hearing_ a . In favor: Amanda Moore , Genie Reese , and Jesse McKinney — Applicants ; Josh Jantz , Applicant Representative ; Cornel Larson , Project Architect. b . In opposition : None c . Commenting : Amanda Moore , Jesse McKinney , Josh Jantz , and Cornel Larson . d . Written testimony : None e . Staff presenting application : Joseph Dodson , Associate Planner f. Other Staff commenting on application : Bill Parsons , Planning Supervisor; Kurt Starman , Assistant City Attorney . 2 . Key issue (s) of public testimony : a . Support for the proposed use and ability to keep a Meridian local business here in the City ; Clarification on some of Staffs conditions of approval ; 3 . Key issue (s) of discussion by Commission : a . Clarification on some of Staffs conditions and DA provisions , specifically the proposed height limit and use limitations ; b . Staffs response to Applicant' s request to remove/modify the DA provision limiting uses—Commission ca concluded to keep Staffs recommended DA provision after Staffs explanation ; d . Why Staff is recommending to reduce the landscape buffer along Overland to move the building closer and is there a specific amount/distance required by Staff. 4 . Commission change (s) to Staff recommendation : a . Add condition of approval per Staffs recommendation to require Applicant obtain a property boundary adjustment . b . Modify DA Provision A . 1 b to increase the height limit consistent with the C- C zoning district. 5 . Outstanding issue (s) for City Council : a . In the Commission motion Commission required the Applicant obtain a PBA prior to the Council meeting but this is not possible due to timing with the County processes . Staff believes it was a misunderstanding of the expectation set by Staff at the hearing . In response , Staff has included an appropriate condition regarding the PBA . Written Testimony since Commission Hearing : None Notes . Possible Motions : Approval After considering all staff, applicant and public testimony , I move to approve File Number Hw2021 = 0066 , as presented in the staff report for the hearing date of November 16 , 2021 : (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony , I move to deny File Number H -2021 - 0066 , as presented during the hearing on November 16 , 2021 , for the following reasons : (You should state specific reasons for denial) Continuance I move to continue File Number H-2021 - 0066 to the hearing date of [date] for the following reason (s) : (You should state specific reason (s) for continuance.) Item #13 . Centerville Subdivision (H -2021 =0046) Application (s ) : ➢ Annexation and Zoning ; Preliminary Plat Size of property, existing zoning , and location : This site consists of 40 .49 acres of land , zoned RUT , located at 4111 E . Amity Road ( including the outparcel to the south ) and 5200 S . Hillsdale Avenue , at the southeast corner of S . Hillsdale and E . Amity , History : No history with City of Meridian Comprehensive Plan FLUM Designation , Mixed - Use Neighborhood (approx . 8 acres) ; Medium Density Residential (approx. 31 acres) Summary of Request : Annexation & Zoning of 40 .49 acres of land ( 3 existing parcels) from RUT to the R-8 ( 13 . 38 acres) , R- 15 (24 , 17 acres) , and C-C (2095 acres) zoning districts with a concept plan showing 219 single-family units and 16 multi-family units and a preliminary plat consisting of 249 total lots ( 124 single-family residential lots , 79 townhome lots , 4 multi-family lots , 4 commercial lots , 34 common lots, and 4 other lots) on 38 . 95 acres of land . No CUP for multi-family was submitted with this application—one will be required in the future to construct four- plex dwellings . REVISIONS : • All apartments were removed ; 219 units now (down from 327) . Only remaining portion of the site that is MF is the addition of 4 new four- plex lots along Amity Road near the northwest corner of the site . • MF replaced by more townhome units and drive aisles are replaced by 28400t wide private streets since the units front on green space . Applicant has received Private Street approval for private streets (administrative level approval) . • Added 3 additional commercial lots and included a proposal for a portion of C- C zoning , similar to what is to the west . This reduced the overall area of the residential portion of the project down to 36 .45 acres , a reduction of 2 . 5 acres . • Gross density is now 6 . 01 du/acre (219 units/36 . 45 acres) , down from 8 .4 du/ac . — Staff finds with a loss of over 100 residential units , the Applicant has made a significant adjustment to mitigate the Commission ' s concerns over density and its impact to nearby schools and the transportation network. • Four additional commercial properties, Applicant has proposed a new right- in/right-out access to Hillsdale Avenue for additional access to the commercial lots . Its location is in alignment with an existing commercial access on the west side of Hillsdale so ACHD has approved this additional street connection . • Applicant moved the proposed pool amenity to the large central open space lot consistent with the Commission discussion . • Initial review of revised landscape plan shows continued compliance with required open space . General : • Proposed in 4 phases — all of the detached single-family proposed in the 1st and 2°d phases as well as open space and amenities; 9 townhome lots and accesses to Hillsdale and Amity proposed in the 15f phase . Existing stubs proposed to be extended in 2nd phase with remaining R-8 single family lots . Commercial lots , second access to Hillsdale , first area of townhome lots , and four 4- plex buildings proposed in phase 3 at SEC of Hillsdale and Amity; SWC of project proposed in phase 4 and includes remaining townhome lots . • The qualified open space consists of the required street buffers , the large centralized open space lot, large linear open spaces , and other smaller open space areas throughout the site that include additional pedestrian connectivity through the site . Correct number of amenities are proposed — future CUP will confirm required minimum number of amenities for MF portion . • Access - S . Hillsdale Avenue (collector street) and E . Amity Road (arterial street) . Applicant is extending two local stub streets into the site — one from the east (W . Macumbo Street) and one from the south (S . Bleachfield Avenue) . • TIS required due to proposal of more than 100 units — TIS estimates project will generate 2 , 599 additional vehicle trips per day and 266 additional trips per hour in the PM peak hour. TIS & ACHD recommend/require the following improvements : Summary of Improvements Re uired by ACHD Intersection Improvement Threshold Hillsdale Avenue/Amity Road Interim Signal 60 PM peak hour trips Amity Road/Amorita Avenue Dedicated eastbound right-turn With first phase of lane and westbound left-turn development lane • Safe access to Hillsdale Elementary — ACHD recommends and Applicant has agreed to install a Rapid Rectangular Flashing Beacon ( RRFB ) crossing at the Hillsdale/ Hill Park intersection for an additional safe crossing for current and future residents . • Project area has different future land use designations than the existing Meridian development to the south and southwest. Majority of site contains the MDR designation (3-8 du/ac) . Relatively small area of MU - N (& 12 du/ac) on this site is part of a larger mixed -use area further to the west that encompasses approximately 70 acres . Approximately half of this mixed - use area is approved for residential development ( Hills Century Farms North) with the remaining area being comprised of commercial zoning that includes self-storage , an urgent care, medical/dental offices , assisted living facility and some vacant commercial lots . • The Applicant has proposed transitional lot sizes and density within this project along the perimeter to match the lot sizes of existing development to the east and south . Smaller lot sizes are proposed towards the interior of the project culminating in the multi-family lots ( highest density) along the west boundary and at the very northwest corner of the development. Staff finds the proposed project is compatible with surrounding residential development because of the transitional densities proposed. Commission Recommendation : Commission recommended approval of project following Applicant revisions to the overall plan . Summary of Commission Public Hearing : 1 , Summary of Commission public hearing : a . In favor: Becky McKay , Applicant Representative . b . In opposition : Please see public record here. c , Commenting : Becky McKay ; d . Written testimony : A number of written testimonies were submitted , a vast majority of which were against the project . Please see the public record for these records — testimony, e . Staff presenting application : Joseph Dodson , Associate Planner f. Other Staff commenting on application : None 2 . Key issue (s) of public testimony : a . Allocation of density and lot sizes throughout the site relative to existing residential in the area ; b . Desire to have more commercial and less high -density apartments within the project; c . Overall concerns with additional residents in this area and the impact to the roadways and neighborhood elementary school , Hillsdale Elementary; d . Discussions on how Staff measures and analyzes density of projects when multiple future land uses are present within a project site ; e . Desire to reduce density further than Applicant proposed with the revised layout and removal of garden-style apartments ; 3 . Key issue (s) of discussion by Commission : a . Density of project and inclusion of apartment units in this area of the City; b_. Amount of commercial originally proposed and analyzed by Staff and how it meets the Mixed - use c . Neighborhood future land use designation ; d . Ingress and egress for the project site relative to required road improvements to Hillsdale and Amit and subsequent timeline of required road improvements ; e . Desire to have more commercial and less multi-family consistent with public testimony at both hearings : f. Support of revised layout that includes more attached single-family , commercial , and a new multi - family use (three 4 - plex buildings g_ Amount and availability of parking for the areas surrounding the townhomes and increased commercial lA 4 . Commission change (s) to Staff recommendation : a , Commission did not make any additional changes to the Staff report beyond those noted within the Staff Memo dated October 15 , 2021 — subsequently , Section VI and Section VIII of this document have been revised to include the revised plans and recommended revisions to the conditions of approval noted in the memo . 5 . Outstanding issue (s) for City Council : a . None Written Testimony since Commission Hearing : Multiple pieces of testimony — School capacity, traffic impacts , different type of housing than existing subdivisions , conflict with future land use map , and overall too much density . Notes : Possible Motions : Approval After considering all staff, applicant and public testimony, I move to approve File Number H -2021 . 0046 , as presented in the staff report for the hearing date of November 16 , 2021 : (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H -2021 =0046 , as presented during the hearing on November 16 , 2021 , for the following reasons : (You should state specific reasons for denial) Continuance I move to continue File Number H =2021 m0046 to the hearing date of [date] for the following reason (s) : (You should state specific reason (s) for continuance.) I Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Red Aspen (H-2021-0066) by KM Engineering, LLP, Located at the southeast corner of S. Linder Rd. and W. Overland Rd. A. Request: Annexation and Zoning of 2.99 acres of land with a request for the C-G zoning district for the purpose of constructing an approximate 30,000-square-foot flex space building on 2.19 acres of land. Page 137 Item#12. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: November 16, 2021 Topic: Public Hearing for Red Aspen (H-2021-0066) by KM Engineering, LLP, Located at the southeast corner of S. Linder Rd. and W. Overland Rd. Request: Annexation and Zoning of 2.99 acres of land with a request for the C-G zoning district for the purpose of constructing an approximate 30,000-square-foot flex space building on 2.19 acres of land. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 138 PUBLIC HEARING SIGN IN SHEET DATE : November 16 , 2021 ITEM # ON AGENDA : 12 PROJECT NAME : Red Aspen ( W2021 - 0066 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 ���, J�TI � �2� � . ����� ►Jd� 3 devtef t" z"q, 01/ 'q At 4 5 � I 6 7 8 9 10 11 12 13 14 Item#12. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/16/2021 Legend DATE: Project Location ON TO: Mayor&City Council r FROM: Joe Dodson,Associate Planner ' 208-884-5533 SUBJECT: H-2021-0066 0 0 1 Red Aspen ' LOCATION: The site is located at the southeast corner of S. Linder Road and W. Overland m � Road, in the NW 1/4 of the NW 1/4 of - Section 24,Township 3N.,Range 1 W X I. PROJECT DESCRIPTION Annexation and Zoning of 2.99 acres of land with a request for the C-G zoning district for the purpose of constructing an approximate 30,000 square foot flex space building on 2.19 acres of land,by KM Engineering,LLP. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—2.99 acres; Project Site—2.19 acres Future Land Use Designation Commercial(majority) and Medium Density Residential Existing Land Uses Vacant Proposed Land Uses Flex-Space Lots(#and type; One (1)commercial building lot bldg./common) Physical Features (waterways, None hazards, flood plain,hillside Neighborhood meeting date; # August 31, 2021 —no attendees of attendees: History(previous approvals) N/A Page 1 Page 139 Item#12. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via two driveway connections to the adjacent arterial (Arterial/Collectors/State streets—the access to Overland Road is existing and is proposed to remain. Hwy/Local) (Existing and Proposed) Stub There is no opportunity for stub street or connectivity between adjacent sites Street/Interconnectivity/Cross and the subject site due to existing development.Applicant is proposing to Access widen an existing access to Linder Road and share it with the adjacent residential development to the south. Existing Road Network Yes. Existing Arterial Sidewalks/ No buffers exist along Linder or Overland; existing sidewalk along Overland Buffers but not along Linder. Proposed Road No road improvements are required with this application because the Improvements Overland/Linder Road intersection is planned for future improvement. (see ACHD staff report in Section VIII.D). CIP/Five Year Work Plan for adjacent&nearby roadways: Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): • Linder Road is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and widened to 5-lanes on each side of 1-84 with a level 3 bike facility from Franklin Road to Overland Road in the future. • Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Overland Road between 2036 and 2040. • Linder Road is listed in the CIP to be widened to 5-lanes from Overland Road to Franklin Road between 2036 and 2040. • The intersection of Overland Road and Linder Road is listed in the CIP to be widened 6-lanes on the north and south legs and 7-lanes on the east west legs and signalized between 2036 and 2040. Fire Service • Distance to Fire Station rec Ditly adjacent to Fire Station#6 Police Service • ---FN—on—e/no one/no comments Wastewater • Distance to Sewer 0' Services • Sewer Shed South Black Cat Trunkshed • Project Consistent Yes with WW Master Plan/Facility Plan Page 2 Page 140 1 1 1 1 r. � � • rl ..-r r 1 �MqjqllPlll 1 oil r , � 1 1 HIM 11 ERLAND_ OVERLAND SF ril" tj e 1 - - • / - - _ LU a •, lllnLLI �1 - y i;� ���r� H in 1 � � t{(� • - • it y ���i�1 - • - • 1 soon Is 11 • �� 111111 noon I 11l11l111! � �; 111111 noon �-yj!!!!!!Ip! �OVERL-AND OVERLAND ...-, -■N -=- - == -- _== -- Lu- 111111111 _rry: W- a,lllllllllllllb 0 l!! '�e a ?% Z �#►fill,!! ME Simi 1 nm1 Item#12. III. APPLICANT INFORMATION A. Applicant: Joshua Jantz,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713 B. Owner: Jeffrey Majors,Jamco Investments, LLC 4700 N. Cloverdale Road, Ste. 210, Boise, ID 83714 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/5/2021 10/31/2021 Radius notification mailed to properties within 500 feet 10/5/2021 10/28/2021 Site Posting 10/7/2021 11/1/2021 Nextdoor posting 10/5/2021 10/28/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Commercial—The Commercial designation is meant to provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses,as well as appropriate public and quasi-public uses. Multi- family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design,connectivity, and amenities. The project site is approximately two (2.19)acres in size and currently consists of three parcels located at the southeast corner of Linder and Overland and directly abuts the newest Meridian Fire Station along Overland. In addition to the Commercial future land use designation, there is a small area of Medium Density Residential(MDR)along the southern boundary. Because land use designations are not pareel specific, this land use designation is also represented on the subject site but correlates to the residential project to the south (Linder Road Apartments). However, the City anticipates commercial uses on this corner, especially because it is adjacent to two major arterial roadways (Linder and Overland)and near a planned interstate overpass. The proposed use of Flex Space is subject to specific use standards (UDC H-4-3-18) and is proposed to serve as the core office and warehouse of a local business, Red Aspen. Red Aspen is a social selling(online) beauty company that aims to utilize this site as their new main hub for their growing business. Flex Space is a principally permitted use in the requested C-G zoning district and has no restrictions on semi-truck traffic. However, the Applicant has specifically stated the amount of truck traffic for this business is minimal and mostly handled by smaller delivery trucks. The submitted concept plan shows the proposed truck docks being along the end of the building but facing east towards the Fire Station and meets code as submitted. However, Staff does have concern over the general proximity of the truck docks and turnaround area to the residential project to the south. Further analysis is below. Page 4 Page 142 Item#12. The Applicant has proposed to place the building near the hard corner and pull it away from the existing multi family residential to the south approximately 119 feet from the south property line. The submitted concept plan depicts this 119 foot distance to include the required 25 foot landscape buffer and solid fencing along the southern property line abutting the multi family project; no buffer is required adjacent to the Fire Station because it is not a residential use. The Applicant is also showing the required landscape buffers adjacent to the arterial streets with the one adjacent to Overland being shown wider than the required 25 feet. Due to required right-of- way dedication along Overland Road, the proposed building is shown approximately 42 feet behind the existing sidewalk which has led to the building being further south than Staff originally anticipated. In order to help the site gain back some of its usable area and create more space between the proposed use and the existing residential to the south, Staff is recommending the Applicant reduce the street buffer to Overland Road by going through the Alternative Compliance process with future applications. Stafffinds this revision to the site has at least two positive outcomes: the building can be moved further north towards Overland to create a better presence and streetscape along this corridor, and; moving the building further north creates further separation from the existing multi family development to the south while at the same time allowing more area for trucks to safely turnaround in the south half of the site. Staff finds the landscape buffer and linear distance between the proposed use and the existing residential to the south offers adequate transition and mitigation between uses. In addition to the proposed use on the subject site, it is worth noting the surrounding uses in the immediate area.As noted, Fire Station#6 is directly to the west of the subject and there is an existing multi family residential and R-15 zoning to the south. In addition, Staff has noted S. Linder Road and W. Overland Road abut the site on the west and north, respectively. On the west side of Linder, there is existing C-C zoning with a partially developed commercial/office center. On the north side of Overland is I-L zoning and Camping World, an RV storage, service, and sales business. Furthermore, on the opposite corner of Linder and Overland is the Artemisia Subdivision,zoned C-G and proposed with a number of commercial uses including vehicle sales. Thus, when looking at the surrounding area, nonresidential uses are commonplace. Access to the site is proposed via one connection to Linder Road and one connection to Overland Road with both accesses restricted to right-in/right-out only maneuvers. The Applicant is proposing to share and widen the existing access to Linder Road that the multi family project uses directly abutting the southern property line. Staff has not seen a written agreement for this shared access and one should be submitted with any future applications. However, Staff does support widening and sharing this access so the site has adequate circulation; without a second access point to the site, any future development on the site will be severely hindered. The proposed access to Overland is an existing curb cut that is supported by both Staff and ACHD. Both proposed access points are as far away from the Linder and Overland intersection as is possible. Staff supports the access to the site as proposed but is recommending a DA provision that the Applicant provide proof of an agreement with the property owner to the south regarding the shared access to Linder with the future Certificate of Zoning Compliance application. The hours of operation for the facility are an additional factor in determining if the proposed use fits in this location. The Applicant has stated the planned hours of operation are Monday thru Friday, 9am to 5:06pm with occasional Saturday hours during the holiday season (October- December).Most importantly, the Applicant has stated that any freight deliveries will only occur during normal hours of operation. Due to the proposed hours of operation, Staff believes the proposed Development Agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use. Page 5 Page 143 Item#12. Staff finds the proposed site design combined with the proposed Flex Space use to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section VIII.A1. The DA is required to be signed by the property owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval. B. Comprehensive Plan Policies(https://www.meridianciU.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G). City water and sewer services are readily available to the subject site.As previously noted, the subject site is directly adjacent to Fire Station#6 so fire service is not an issue. The proposed access points to the site are supported by Staff and ACHD. Therefore, Staff finds the project complies with this policy. "Promote business retention, expansion, and improvement programs." (2.07.01). The subject application is for Red Aspen, a locally grown and sustained business. Due to the success of their business, this company needs to expand its footprint here in the Treasure Valley. The owners have a strong desire to remain in Meridian with the proposed project that will help it continue to flourish. Creating a flex space building for existing and future warehouse and office needs is a great fit for this location and the City of Meridian as a whole. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Despite the project not being a residential development, a segment of multi-use pathway is required and shown adjacent to Linder Road along the west property boundary. The Applicant is proposing to construct the required segment of pathway and complete this large segment of multi-use pathway on the east side of Linder Road creating a continuous pathway from Overland to Victory Middle School. This connection and added pathway would connect to the existing sidewalk along Overland that connects east and west to various projects and uses. In addition, the submitted site plan shows adequate internal sidewalk connections to the arterial sidewalks for overall connectivity. "Work with existing industrial businesses to expand or relocate operations to appropriate areas." (2.08.03Q. The proposed business is not an industrial business but Stafffinds it equally important to support existing local businesses to relocate to appropriate areas when expansion is needed.After discussions with Staff and other entities, the Applicant determined the subject corner property is the ideal location to construct their own building designed solely for their business operations. Because the subject area is planned for commercial uses and a majority of the nearby uses are also nonresidential, Staff agrees with the Applicant and believes the subject site is an appropriate and ideal area for Red Aspen. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are no existing structures or site improvements. D. Proposed Use Analysis: The proposed use is for offices and associated warehousing,which falls under Flex Space within Meridian development code. This use is a permitted use in the requested C-G zoning district per UDC Table 11-213-2 and is also subject to Specific Use Standards (UDC 11-4-3-18). As Page 6 Page 144 Item#12. previously discussed within the Comprehensive Plan section above, Staff supports the proposed use at this location—it is a nonresidential use which complies with the comprehensive plan, it is an expansion of a locally grown business, and Staff finds there is adequate pedestrian and landscaping improvements proposed. Therefore, Staff finds this is an ideal location for this business and proposed use. Staff analysis of the Specific Use Standards is in italics below: UDC 11-4-3-18—Flex Space: A. Office and/or retail showroom areas shall comprise a minimum of thirty(20)percent of the structure and/or tenant space. The submitted concept plan shows the office area of the building comprising approximately 8,700 square feet in area, equating to approximately 30%of the building area. Proposed office area complies with this standard. B. Light industry and warehousing shall not comprise more than seventy(70)percent of the tenant space.According to the submitted concept plan, approximately 20,800 square feet of floor area is reserved for the warehouse component of the building which equates to 70%of the total building size of 29,440 square feet. Thus, the proposed site plan complies with this standard. C. In the C-C,C-G and M-E districts,roll-up doors and loading docks shall not be visible from a public street.According to the submitted concept plan and conceptual elevations, the Applicant is proposing two loading docks and one roll-up door for the building. The loading docks and roll- up door are proposed to be located at the south end of the building and face the east property line, towards the Meridian Fire Station. Per the submitted concept plan, the loading docks should not be visible from Overland or Linder Roads so Staff finds the proposed locations of these design elements to be in compliance with this standard. In addition, any off-street loading spaces must adhere to UDC 11-3C-8 which prohibits any loading space (i.e. loading docks) to face a residential use and limit hours of operation should it be located within 50 feet of a residential district. The submitted concept plan shows compliance with all standards outlined in this code section—the loading docks face the fire station to the east (not a residential use) and are not within 50 feet of any residential district or use. D. Retail use shall not exceed twenty-five (25)percent of leasable area in any tenant space. Because Red Aspen is an online business, there is no retail area included in the building design. Therefore, this standard is not applicable to the submitted site plan. However, the Applicant will be required to comply with this standard in perpetuity should any redesign of the building space occur and a retail component is added. Additional analysis on the proposed use and how it integrates with adjacent uses is in the Comprehensive Plan analysis section above. Staff will confirm compliance with these specific use standards with any future Certificate of Zoning Compliance(CZC) application. E. Dimensional Standards(UDC 11-2): The Applicant is proposing to annex the subject property into the City with the C-G zoning district which does not have a minimum lot size. As noted above,the proposed use is a permitted use in the requested zoning district.Furthermore, according to the concept plan,the proposed building, drive aisle and vehicle use areas, and the proposed parking stalls meet UDC dimensional standards. The project requires a minimum 25-foot wide landscape buffer adjacent to both Linder Road and Overland Road, arterial streets. The submitted concept plan shows compliance with the required street buffers with the landscape buffer along Overland being shown as approximately 42 feet wide and the required 25 foot width along Linder.Within the comprehensive plan section above, Staff has recommended a reduction in the Overland landscape buffer width to be less than 25 feet from the ultimate right-of-way. Through Alternative Compliance, Staff believes a reduced buffer Page 7 Page 145 Item#12. would help mitigate any noxious uses of the site for the residential project to the south by moving the building further away from the south property line.In addition, shifting the building further north would aid the building in holding this corner and creating a true presence at this intersection. In addition,the C-G zoning district requires a minimum landscape buffer of 25 feet to any residential use which is applicable along the south property boundary where an existing multi- family residential development exists. The submitted concept plan shows this 25-foot landscape buffer compliant with the required dimensional standards. According to the conceptual elevations,the building is proposed with a height of approximately 38 feet in height. The C-G zoning district allows a maximum height of 65 feet so the proposed building height complies with this dimensional standard. However,because of adjacent C-C zoning and development, Staff believes limiting the height of any future building on the subject site to the 50-foot height limit of the C-C zoning district instead of the 65-foot limit in the C-G zoning district is a prudent provision to add within the required Development Agreement. Staff recommends this provision in case the proposed use and building is not constructed and a future Applicant proposes a taller building—Staff believes constructing a building up to the allowed 65- foot height in the C-G zoning district does not integrate with adjacent development. With future CZC submittals, Staff will confirm conformance with the required dimensional standards of the C-G zone and the Flex Space specific use standards (11-4-3-18). Therefore,the proposed project meets all required dimensional standards outlined in UDC 11-2B-3. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted conceptual elevations of the future flex space building; Administrative Design Review(DES)and a formal review of the elevations will be required with a future CZC submittal. Per the submitted conceptual elevations,the building is proposed to be constructed with tilt-up concrete panels that have a texture coat applied to it. The elevations also show ample cornice work visible on all elevations, faux windows with fenestration,parapet variation,accent material and color around the base of the building,and two-story windows with painted steel canopies. Staff will analyze the future building elevations submitted with the DES application for compliance with the Architectural Standards Manual. G. Access(UDC 11-3A-3, 11-3H-4): Access to the site is proposed via one connection to Linder Road and one connection to Overland Road with both accesses restricted to right-in/right-out only maneuvers. The access point from Linder road is an existing 25-foot wide access point for the multi-family project adjacent to the south and the Applicant is proposing to widen the curb-cut to 40 feet and share it with the residential project. ACHD has reviewed this proposal and supports the Applicant's request to widen the existing Linder access. Staff has not seen a written agreement for this shared access between the adjacent land owner this one; Staff recommends said agreement be submitted with any future application(s). However, Staff does support widening and sharing this access so the site has adequate circulation;without a second access point to the site, any future development on the site will be severely hindered. The proposed access to Overland is an existing curb cut that is supported by both Staff and ACHD. Both proposed access points are as far away from the Linder and Overland Roads intersection as is physically possible. Staff supports the access to the site as proposed but is recommending a DA provision that the Applicant provide proof of a reciprocal cross-access agreement with the property/property owner to the south regarding the shared access to Linder with the future Certificate of Zoning Compliance application. Page 8 Page 146 Item#12. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6B for nonresidential uses based on the ratio for commercial zoned properties of one(1) space for every 500 square feet of gross building floor area.A 29,440 square foot building requiring at least 59 parking spaces with the required parking ratio is proposed.According to the submitted concept plan, 59 parking spaces are proposed, exceeding the minimum requirement by one(1) space. Staff will confirm compliance with these standards at the time of CZC submittal. The proposed use of a flex space will rarely have the full allotment of parking spaces utilized because the warehouse component of the building takes up a larger area while not traditionally requiring the same amount of parking as office or other commercial uses. Furthermore,there will be no customers that go to the proposed building so all of the parking will be for employees. Therefore, initial review of the concept plan does not give Staff any concern over the amount of parking due to the proposed use of a Flex Space building. I. Sidewalks and Pathways(UDC 11-3A-17& UDC 11-3A-8): 5-foot wide attached sidewalk exists along Overland Road and is required to remain. A10-foot wide multi-use pathway segment is required along the west boundary and adjacent to Linder Road per the Master Pathways Plan.ACHD is requiring both pedestrian facilities be attached facilities due to future planned road widening and intersection improvements. The concept plan also shows at least 7-foot wide sidewalks adjacent to the future building that connect to the arterial pedestrian facilities offering adequate pedestrian connectivity for the subject site. Furthermore,the additional segment of multi-use pathway and its connection to the sidewalk along Overland would create a fully connected pedestrian network from Overland to Victory Middle School,Bear Creek Park, and back with the additional benefit of connecting the pathway system to the arterial street sidewalk network that has vast regional connectivity. The proposed sidewalks and pathway meet UDC requirements. J. Landscaping(UDC 11-3B): The Applicant is required to construct landscape buffers along Overland Road,Linder Road, and along the southern boundary as a landscape use buffer. The buffers along Overland and Linder are governed by UDC 11-313-7; the land use buffer along the south property boundary is governed by UDC 11-3B-9. The Applicant did not submit specific landscape plans for the project and no landscaping is shown on the submitted concept plan. However,the minimum required landscape buffer widths are shown on the concept plan. Staff will ensure compliance with all landscaping standards with the future CZC submittal. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC I I-3A-7. 6-foot high vinyl fencing is depicted on the concept plan but it is not labeled as existing or proposed. Staff is aware there is existing fencing along the south and east boundaries constructed with the adjacent development. In general, 6-foot fencing should be included along the south and east boundaries for security and screening purposes especially between this subject site and the residential development to the south. Should fencing be proposed, Staff will analyze that with the future CZC submittal. L. Pressurized Irrigation(UDC 11-3A-1 S): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15.No irrigation plans have been submitted for Flex Space use at this time. With future development applications,the Applicant will be required to provide a pressurized Page 9 Page 147 Item#12. irrigation system for the required landscaping around the site. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement per the Findings in Section IX of this staff report. B. Commission: The Meridian Planning&Zoning Commission heard these items on October 21,2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning_request. 1. Summary of Commission public hearing_ a. In favor: Amanda Moore,Genie Reese, and Jesse McKinney—Applicants;Josh Jantz, Applicant Representative; Cornel Larson,Project Architect. b. In opposition:None C. Commenting: Amanda Moore,Jesse McKinney,Josh Jantz, and Cornel Larson. d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor;Kurt Starman, Assistant City Attorney. 2. Key issue(s)of public testimony a. Support for the proposed use and ability to keep a Meridian local business here in the Cites Clarification on some of Staff s conditions of approval; 3. Key issue(s)of discussion by Commission: a. Clarification on some of Staff s conditions and DA provisions, specifically the proposed height limit and use limitations; b. Staffs response to Applicant's request to remove/modify the DA provision limiting uses— C. Commission concluded to keep Staff s recommended DA provision after Staff s explanation; d. Why Staff is recommending to reduce the landscape buffer along Overland to move the building closer and is there a specific amount/distance required by Staff. 4. Commission change(s)to Staff recommendation: a. Add condition of approval per Staffs recommendation to require Applicant obtain a property boundary adjustment. b. Modify DA Provision A.lb to increase the height limit consistent with the C-C zoning district. 5. Outstandingissue(s)ssue(s) for City Council: a. In the Commission motion,Commission required the Applicant obtain a PBA prior to the Council meeting but this is not possible due to timing with the County_processes. Staff believes it was a misunderstanding of the expectation set by Staff at the hearing. In response, Staff has included an appropriate condition regarding the PBA. C. City Council: To be heard at future date. Page 10 Page 148 Item#12. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 a] — Fax(208)385-0696 Project. No.:4865 Date:July 30,2021 DESCRIPTION FOR ANNEXATION PARCEL-ASPEN GROVE HOLDINGS,LLC A parcel of land lying in the NW 1/4 of Section 24,T.3N.,RAW.,B.M.,Ada County, Idaho and more particularly described as follows: BEGINNING at the Northwest corner of said Section 24, thence along the North boundary of said Section 24 South 89°07'25" East 327.10 feet to a point on the extended West boundary of Record of Survey No. 9277, filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. 112056125; thence along said extended West boundary and along the West boundary of said Record of Survey No. 9227 South 00°41'26 West 397.51 feet to the Southwest corner of said Record of Survey No. 9227,marked by a 5/8"iron pin;thence North 89o33'34"West 327.10 feet to a point on the West boundary of said NW V4 of Section 24;thence along said West boundary North 00°41'26"East 400.00 feet to the POINT OF BEGINNING, Said parcel contains 2.99 acres,more or less. t,L LANoS,G 34'7 0 9 9TE OF l� ti� ��ICK A. W,"965JOaRaportW865-annex desc.docx-Itic Page 11 Page 149 Item#12. 14 13 WEST OVERLAND ROAD (PUBLIC R/W VARIES) S 89'07'25' E 327.10' 13 ff"A!rlT-0—FBE'Affl9(—; ———————— 589.071250 E 23 24 24 I ➢------------------------------ -------------------------------------------------------- Z' 01 Im ------------------------------------------------------------ o Z 2.99 ACRES U) N 84T0777—372f.—10—'ANNEXATION ------------------ si EX 1-41 S 1 7F FOR ASPEN GROVE HOLDINGS, I-L-C L00 A PORTION OF THE NW 1/4, SECTION 24, T.3N., R.lW., B.M., MERIDIAN, ADA COUNTY, IDAHO 01 23124 � 4347 9� OF TEALETS LAND SURVEYING A 12594 W.EXPLORER DRIVE, SUITE 1-30 L'If208-385-0636 BOISE,ID,83713 j DATE:7/30/21 PROJECT:4865 Page 12 Item#12. B. Proposed Concept Plan(dated: 7/29/2021) 4 13 BASIS OF BEARING E 2655.65' TRAFFIC [3ENCN MARK SIGNAL _ WEST OVERLAND ROA S CO. CHISELED't' IN FIRE STATION `\ s CONCRETE GHT EL EVAnoN=z6Ge s] g S 89°07'25" SIGNAL LI E 85.43'- - S$9° `\6' . �IRRIGATIO 11I L ❑ PORNO PIN t. s u6.3o 0'2 z9"F E 2.1 ��IRRIcanD p SI' 4 =,F WEEDED AREA _ 0\ II E DITCH—IF I I I i I 9 r II NEw 10 F00T 'd AlI1LTl DSE PATHWAY I 1 I J RONR ENCE GHT�.. I F II PROPOSED �` Q BUILDING T 029,440 S.F® - I - I - c 59 PARKING \ �rhrraN STALLS __\ CI I m �F 1 a =3 \ o NI X1.5 w I F illl O _ EEoeo ARIE 4 I sr C R9uCTYPJ - 2614 - - 615, N 89°33'34"W 276.10' N 09'33'34-W 51.00' \ 33 INVESTMENTS LP CONCRETE m LINE TABLE E%TRNDEO LINE BEARING LENGTH C R91TYP1 g - N 91'29'00"E 6.5 ' L-2 5 51.29'S]"E 6.56' E L-3 5 69.07'25'E 20.00' L-4 N 53'21'49"E 6.56' CONCEPTUAL N 1 SITE PLAN 0 NORTN Page 13 Page 151 Item#12. C. Concept Elevations 1575 -4= NC,FfT1- ELEVA71CIN C2� 'n- 8YUTH ELEVATION Page 14 1575 Item#12. AQ H A" EAST E-EV.NrioN VNE'T El EIATION Page 15 Item#12. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved concept plan and conceptual elevations included in Section VII and the provisions contained herein. b. Future development of the subject site shall have a height limit of 40 50 feet consistent with the proposed flex space building and C-C zoning to the west. c. With the future Certificate of Zoning Compliance application,the Applicant shall provide a copy of the recorded reciprocal cross access agreement to share an access to Linder Road with the property to the south. d. The allowed uses on the subject site shall be: flex space, financial institution, healthcare/social services,information industry,personal and professional services,retail (including wine and beer sales),restaurant,research and development, and vertically integrated residential. The Applicant shall adhere to any applicable specific use standards for a proposed use. 2. The Applicant shall obtain a Property Boundary Adjustment prior to building permit submittal to combine the existing lots or adjust them appropriately to meet all dimensional and building code requirements. B. PUBLIC WORKS Site Specific Conditions of Approval 1. There are no changes to water or sewer infrastructure proposed. Any changes to water or sewer infrastructure must be reviewed by Public Works. 2. Any used services or mains must be abandoned at the main that will remain in service. 3. Sewer service lines should not run through infiltration trenches. 4. Parcel S 1224223460 has a sewer main stubbed to it that is currently not covered in a City utility easement. A 20 foot wide easement is required onsite until the line transitions to a service. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall Page 16 Page 154 Item#12. be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 17 Page 155 Item#12. 15. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.orglpublic_works.aspx?id=272. 19. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=239643&dbid=0&repo=MeridianC ity D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=230783&dbid=0&repo=MeridianC ity IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to annex the property into the City of Meridian with the C-G zoning district with the proposed Flex Space use and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Page 18 Page 156 Item#12. Commission finds the proposed zoning map amendment and the requested development complies with the regulations outlined in the requested C-G zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare, especially if all conditions of approval are met. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable) is in the best interest of city. Commission finds the annexation is in the best interest of the City. Page 19 Page 157 Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Centerville Subdivision (H-2021-0046) by Engineering Solutions, LLP, Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the southeast corner of S. Hillsdale and E. Amity A. Request: Annexation and Zoning of 40.49 acres of land from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts. B. Request: A Preliminary Plat consisting of 249 total lots (124 single-family residential lots, 79 townhome lots, 4 multifamily lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. Page 158 Item#13. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: November 16, 2021 Topic: Public Hearing for Centerville Subdivision (H-2021-0046) by Engineering Solutions, LLP, Located at 4111 E.Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the southeast corner of S. Hillsdale and E.Amity A. Request: Annexation and Zoning of 40.49 acres of land from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts. B. Request: A Preliminary Plat consisting of 249 total lots (124 single-family residential lots, 79 townhome lots, 4 multifamily lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 159 PUBLIC HEARING SIGN IN SHEET DATE : November 16 , 2021 ITEM # ON AGENDA : 13 PROJECT NAME : Centerville Subdivision ( W2021 - 0046 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2zQ � god eT 2 �Li S �Sh 5253 S " rav\ AArkr, R t lie ck��yC 3 Sy 13 S Ashcva +6 w j- ay �shl �e � t-� tc �rd� � � 4 S (� 9� r c', U1 b'c p 5 n T a `av 6 7 8 9 10 11 12 13 14 Item#13. Mayor Robert E. Simison E IDIAN.� City Council Members: =�� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H O Luke Cavener Liz Strader October 15, 2021 MEMORANDUM TO: Planning and Zoning Commission CC: Becky McKay, Engineering Solutions FROM: Joseph Dodson, Current Associate Planner RE: Centerville Subdivision AZ, PP (H-2021-0046) Dear Commissioners, Centerville Subdivision AZ, PP(H-2021-0046) was heard by Planning and Zoning Commission on August 5, 2021. At that hearing the Commission continued the project to the October 21, 2021 hearing date in order for the Applicant to address Commission concerns over the proposed density, amount of commercial versus proposed density, and overall project integration. Since the hearing, the Applicant has submitted revised plans to Planning Staff which has resulted in a number of recommended changes to the conditions of approval and development agreement provisions. The revisions made by the Applicant are noticeable throughout the west half of the site and require analysis of the overall site. Any updated numbers will be added to the staff report following the Commission's final recommendation to City Council to ensure transparency. Please refer to the attachments and subsequent bullet points below regarding the specific changes since the Commission hearing. The revised plans show the following changes made by the applicant based on the Commission's discussion: • Removal of all apartment buildings—the Applicant has removed all apartment buildings previously shown in the project and included more townhomes (3 or more attached units, individually platted). The only component of the project that is still multi- family are four(4)new four-plex lots along Amity Road near the northwest corner of the site. With these changes, the proposed unit count is now 219 units (down from 327 units). o The overall gross density is now 6.01 du/acre (219 units/36.45 acres). The total residential acreage has also been reduced due to the inclusion of 2.5 acres of Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 page 1so Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Item#13. commercial zoning. Staff finds with a loss of over 100 residential units, the Applicant has made a significant adjustment to mitigate the Commission's concerns over density and its impact to nearby schools and the transportation network. o The Applicant has provided revised legal descriptions and exhibits for the change in zoning boundaries proposed. • Applicant is now requesting 2.5 acres of C-C zoning with their annexation application to accommodate four(4) commercial building lots instead of the original one (1) daycare lot proposed. The revised plat still shows the daycare use which Staff appreciates. The other commercial buildings are proposed to be located north of the daycare lot and along Hillsdale, nearby the existing commercial on the west side of Hillsdale. According to the revised narrative, the intended uses for the additional commercial lots is flex space (combination of office, retail, and warehousing within one building). o The C-C zoning district requires a 25-foot landscape buffer between it and any residential use. According to the revised preliminary plat, this requirement is met with adequate landscaping on the east side of each building. Furthermore, there is a private street and landscaping separating three (3) of the proposed commercial buildings from the townhome lots to the east. o Applicant is also proposing a new right-in/right-out access to Hillsdale Avenue for additional access to the commercial lots. Its location is in alignment with an existing commercial access on the west side of Hillsdale so ACHD has approved this additional street connection. • With the removal of the apartment buildings, the Applicant replaced that area of the site with more townhome units and replaced the multi-family drive aisles with 28-foot wide private streets and more open space that the townhome units front on. The new private streets are functioning as alleys for a majority of the townhome units and as the access for the commercial lots. o Private Street standards outlined in UDC 11-3F-4 require a minimum 24-foot wide driving surface so the proposed 28-foot wide private streets exceed code requirements. In addition, sidewalks are not required with private streets but the Applicant is proposing detached sidewalks throughout the townhome area for access to the units. • Applicant moved the proposed pool amenity to the large central open space lot consistent with the Commission discussion. The changing rooms for this use require off-street parking consistent with nonresidential uses. The Applicant intends on utilizing on-street parking along S. Stockport Way to meet this requirement because the total changing room area is minimal; this request requires Alternative Compliance which should be submitted with any future Final Plat application that includes this open space lot. • The Applicant did not submit a revised landscape plan or open space exhibit at this time so Staff cannot specifically review that data. However, because the unit count has been reduced and it visually appears the open space has increased, Staff is not concerned with the Applicant meeting the minimum open space standards. Prior to City Council, Staff will perform this review when additional revised plans are submitted to the City. The parameters of the Commission motion to continue and the revised plans have resulted in Staff modifying certain conditions, striking others, and adding an additional DA Provision. Staff recommends the following changes be made to the staff report by the Planning and Zoning Commission, noted with strikeout and underline changes below: Page 161 Item#13. • Modify A.1 e. —Per the submitted and revised preliminary plat, Lot 3058, Block 1 shall be reserved for a future daycare facility and Lots 17, 59, & 60, Block l shall be reserved for future commercial uses. • Modify A.1 f—All future pedestrian crossings within the subdivision that traverse a driving surface f,Wr-e multi family r-esi en4i 1 area of the site shall be constructed with brick, pavers, stamped concrete, colored concrete or similar to clearly delineate the driving surface from the pedestrian facilities,per UDC 11-3A-19B.4b. • Strike A.lj —The fu4u-e multi family development shall be eonstmeted with no than 128 units with all 12 plex buildings being no more than two stories in height. • Modify A.11—All open space and amenities throughout the development shall be shared by the single family and multi famil all portions of the development; the future Conditional Use Permit application shall show compliance with all multi-family open space and amenity requirements for the development as a whole. • Add Provision—The elevations/facades of 2-story structures that face E. Amity Road, an entryway corridor, and W. Quartz Creek Street, a collector street, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs),bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Sin ley structures are exempt from this requirement. • Add Condition—Prior to the City Council hearing, the he Applicant shall submit a Private Street application and pay the applicable fee for the proposed private streets in the west half of the site for access to the townhome units and commercial building lots. Exhibits: A. Revised Zoning Exhibit and Legal Descriptions B. Revised Preliminary Plat Page 162 Item#13. A. Revised Conditional Use Plan (Site Plan) CENTERVILLE SUBDIVISION - REZONE EXHIBIT THE NW'/4 OF THE NE%OF SECTION 33, T3N, R1 E, BM,ADA COUNTY, IDAHO POINT OF BEGINNING E. AMITY ROAD BASIS OF BEARING 29 26 26 C-C ZONE N89'1518 W S89'14'44"E 1330.22' E 1/16 1330.22, 28 27 32 33 V 2660.59' 1/4 33 1-10 681.60' 459.90' S89'14'44"E 33 34 I- POINT OF POINT OF IJ Q w �� BEGINNING BEGINNING a w R15 ZONE R8 ZONE IJLLJ a N I?3 ^o o Lc) I N;� L.L4. N N N r L._ a~N L� IN m a I i i Q fn `n s g O N— C14 J R-15 ZONE ~' �J L15 J J AREA=24.17 ACRES a' `0 I E. HILL PARK ST. � J-) _ NCD o p " SI =� Y � m S� I �o Z �L5 _ _459.40'_ _ J `o L8 � N89'14'44"W R-8 ZONE _ rnr G AREA=13.38 ACRE y5 JI x5 a 444.00' 885.05' CN 1/16 —— N89'27'31"W 1329.05' NE 1/16 HOWRY LANE SUBDIVISION N0.1 HOWRY LANE SUBDIVISION NO.2 N of /— LINE TABLE CURVE TABLE LINE # LENGTH DIRECTION CURVE # LENGTH RADIUS DELTA BEARING CHORD Li 174.00' S0'47'14"W Ct 7.71' 347.00' 1 116'25" S7'38'12"E 7.71' L2 47.37' S6'25'57"E C2 31.42' 20.00' 1 90'00'00" S45'45'16"W 28.28' C 1/4 L3 95.00' SO'45'16"W LINE TABLE (CONT.) C.y�pNP;T�OSG L4 179.00' S89'14'44"E LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION �L L5 16.72' S81'43'35"W � � � 110 188.72' S8914'44"E L13 146.91' S9'00'00'W L6 79.75' SO'08'44"W 1 1, 1 18 O L11 175.85' SO'19'12"W L14 50.72' S079'12"W COL I L7 47.00' N89'14'44"W N O L12 29.40' S17'25'38"E L15 175.50' N89'40'48'W OQ. � LS 60.13' N6914'44"W OF \ �� L9 170.12' SO'45'16"W ON W"NP /// n StOluthills 0' 150' 300' 600' Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax —jandsolufions.biz JOB W 20-16 Page 163 Item#13. Legal Description Centerville Subdivision —C-C, R15 and R8 Rezone Parcels being portions of Lots 1 and 2 of Block 1 of Garoutte Acres Subdivision as shown in Book 60 of Plats on Pages 5900 through 5901, records of Ada County, Idaho, and the NW'/<of the NE '/4 of Section 33,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, and more particularly described as follows: C-C REZONE BEGINNING at a Brass Cap monument marking the northwest corner of said NW'/4 of the NE'/4, from which an Aluminum Cap monument marking the northwest corner of the NW '/4 of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW '% of the NE '/4 S 89°14'44" E a distance of 188.72 feet to a point; Thence leaving said northerly boundary S 0°19'12"W a distance of 175.85 feet to a point; Thence S 17°25'38"E a distance of 29.40 feet to a point; Thence S 0°19'12"W a distance of 271.47 feet to a point; Thence S 9°00'00"W a distance of 146.91 feet to a point; Thence S 0°19'12"W a distance of 50.72 feet to a point; Thence N 89°40'48"W a distance of 175.50 feet to a point on the westerly boundary of said NW %of the NE'/4; Thence along said westerly boundary N 0019'12" E a distance of 672.70 feet to the POINT OF BEGINNING. This parcel contains 2.95 acres and is subject to any easements existing or in use. R-15 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'/4 of the NE ''/4, from which an Aluminum Cap monument marking the northwest corner of the NW'/4 of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW '/4 of the NE '/4 S 89°14'44" E a distance of 188.72 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89014'44" E a distance of 681.60 feet to a point; Thence leaving said boundary S 0°47'14"W a distance of 174.00 feet to a point; Thence S 6°25'57" E a distance of 47.37 feet to a point; Job No.20- Lzii'di)bl17t1C11'1�5 Cente vi Subdivision 16 Q�- Lana Surveying and Consulting Page 1 off 3 3 Page 164 Item#13. Thence S 0*45'16"W a distance of 95.00 feet to a point; Thence S 89°14'44"E a distance of 179.00 feet to a point; Thence S 0'45'16"W a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 459.40 feet to a point; Thence S 81°43'35"W a distance of 16.72 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius non-tangent curve right, said curve having a central angle of 1°16'25"and a long chord bearing S 7°38'12"E a distance of 7.71 feet to a point; Thence S 0°08'44"W a distance of 79.75 feet to a point; Thence N 89°14'44"W a distance of 47.00 feet to a point; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius non-tangent curve right, said curve having a central angle of 90°00'00"and a long chord bearing S 45*45'16"W a distance of 28.28 feet to a point of tangency; Thence N 89'14'44"W a distance of 60.13 feet to a point; Thence S 0'45'16"W a distance of 170.12 feet to a point on the southerly boundary of said NW %of the NE%-, Thence along said southerly boundary N 89°27'31"W a distance of 444.00 feet to a point marking the southwest corner of said NW%of the NE%; Thence along the westerly boundary of said NW%of the NE'%N 0°19'12"E a distance of 656.40 feet to a point; Thence leaving said boundary S 89°40'48"E a distance of 175.50 feet to a point; Thence N 0°19'12" E a distance of 50.72 feet to a point; Thence N 9°00'00"E a distance of 146.91 feet to a point; Thence N 0°19'12" E a distance of 271.47 feet to a point; Thence N 17°25'38"W a distance of 29.40 feet to a point; Thence N 0°19'12" E a distance of 175.85 feet to the POINT OF BEGINNING. This parcel contains 24.17 acres and is subject to any easements existing or in use. R-8 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'%of the NE '/<, from which an Aluminum Cap monument marking the northwest corner of the NW'%of said Section33 bears N W15'18"W a distance of 2660.59 feet; La"d^r/old work Centerville Subdivision Li wm S ry ymg a,d co wtmg Job No.2 Page 2 of of 3 3 Page 165 Item#13. Thence along the northerly boundary of said NW '% of the NE '% S 89°14'44" E a distance of 870.32 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°14'44" E a distance of 459.90 feet to a point marking the northeast corner of said NW%of the NE'/4; Thence along the easterly boundary of said NW%of the NE'/4 S 0'22'10"W a distance of 1324.15 feet to a point marking the southeast corner of said NW'%of the NE'/4; Thence along the southerly boundary of said NW'%of the NE '/4 N 89027'31" W a distance of 885.05 feet to a point; Thence leaving said southerly boundary N 0'45'16" E a distance of 170.12 feet to a point; Thence S 89°14'44" E a distance of 60.13 feet to a point of curvature; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius curve left, said curve having a central angle of 90°00'00"and a long chord bearing N 45045'16"E a distance of 28.28 feet to a point; Thence S 89°14'44" E a distance of 47.00 feet to a point; Thence N 0n08'44" E a distance of 79.75 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius curve left, said curve having a central angle of 1016'25" and a long chord bearing N 7°38'12"W a distance of 7.71 feet to a point; Thence N 81°43'35"E a distance of 16.72 feet to a point; Thence S 89°14'44"E a distance of 459.40 feet to a point; Thence N 0°45'16" E a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 179.00 feet to a point; Thence N 0045'16" E a distance of 95.00 feet to a point; Thence N 6°25'57"W a distance of 47.37 feet to a point; Thence N 0°47'14"E a distance of 174.00 feet to the POINT OF BEGINNING. This parcel contains 13.38 acres and is subject to any easements ONPL LA/V s existing or in use. 5` T 6 �p L Clinton W. Hansen, PLS Land Solutions, PC a 11118 Revised October 12, 2021 " (v112�2�� _ OF CD �T N W Ut11 bIJJrion:5 Centerville Subdivision �� I.anO Surveying antl Consulcing Paagege 3 o of Job 3 f 16 3 3 Page 166 Item#13. B. Revised Preliminary Plat i � II A; - - -- I' r, 12 I 1,- * m L� j, Ir, '��✓" k Y ] ,� _�`1.1 i. ao �',)I _ — �. - 4`--T x j i is it 1 I I x_-.._ ,W,.,. p 1 Ag i �� II �I - - _ II : - I II oi r a F l a 4-0p g= y, 3 a g g�5sm 'g � � � -------- I; C 72 s u $ 9 CENTERVMLE ENGINEERING PLANNER- DEVELOPER OWNER OF RECORD e SUBDIVISION SOLUTIONS,o PRELIMINARY PLAT-TILE SHEET g 1 J u ex w.ays1 e°as" °ipfaw,27 lend e� Page 167 EMS 33 JQ3 MT14!44't ISO.. 12PW--Z 569'14'44-E II30-19' a 7 UWA E.wwN '55 �T "22- 1: LOC 3 46- 40 3A 38 37 36 S 14 31 12 11 31 M 29 16 54 -------- --------- N R-1 57 17 I L-21# 28 R'UED 1' ZO' --------- PLOCK t2 "E R-8 —24 �.2 --------- �� { I �'J J� I I 20 z;v 2 SS 12 Hd.PARK IF-�,-, "K 4 umu 16 ;41 .0" 2 PftDPCGM 17 34 F— ZME R-1 5 3s 7 36 25 74 23 22 371 5 35 tg 3:9 27 45 T :n. 16 4 r- 14 13 1 . • N Id PRO D 2EUMC jur� W. 57. '21 (�-M) 5 IS 2Q 23 25 21 29 FMCC14 LNE)48 41 ZONE ------------ 4E 4 Tm ,j 61 55 58 57 -A CKI& 81 62 66 1 97 58 ------- . ...... N89'2711 YE4E 5 ?W S7. M M., • zO TItem#13. 63�or ............ e PRE 2 74 4 A� li .. . ....... MEff S� E�M AT Hl18QyE AVENM Item#13. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/16/2021 Legend DATE: ' nEJ El Project Location TO: Mayor&City Council - - FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2021-0046 Centerville Subdivision LOCATION: The site is located at 4111 E. Amity Road -- (including the outparcel to the south)andi 5200 S. Hillsdale Avenue,at the - southeast corner of S. Hillsdale and E. CH Amity, in the NW'/4 of the NE'/4 of Section 33,Township 3N.,Range lE. I. PROJECT DESCRIPTION Annexation&Zoning of 40.49 acres of land from RUT to the R-8 (13.35 acres) and R-15 (27.14) zoning districts with a concept plan showing 159 single-family units and 168 multi-family units and a preliminary plat consisting of 190 total lots (124 single-family residential lots, 35 townhome lots, 2 multi-family lots, 1 commercial lot, 1 clubhouse house, and 27 common lots) on 38.95 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 40.49 acres(R-8— 13.35 acres;R-15—27.14 acres) Future Land Use Designation Medium Density Residential&Mixed Use Neighborhood Existing Land Use(s) County residential and vacant land Proposed Land Use(s) Detached single-family residential;townhome residential; future multi-family residential;and a Daycare. Lots(#and type;bldg./common) 190 total lots—124 single-family residential lots,35 townhome lots,2 multi-family lots, 1 commercial lot, 1 clubhouse house,and 27 common lots Phasing Plan(#of phases) Proposed as four(4)phases Number of Residential Units(type 327 total units— 159 single family; 168 apartment units of units) (not technically a part of this application;future CUP application is needed) Density(gross&net) Gross(overall)—8.39 du/ac.(327 units/38.95 acre plat); Net—12.54 du/ac.(per submitted plans,excludes: ROW,shared drives,daycare lot,and common area) Page 1 Page 170 Item#13. Description Details Page Open Space(acres,total 5.64 acres of qualified open space OVERALL [%]/buffer/qualified) (approximately 14.48%).Further analysis below in Section V.J. Amenities At least€su(4)five 5 qualifying amenities(does not inelude fUtUFe multi family amenities)—Open space in excess of the requirements,picnic area with benches and shade structure,children's play structure,clubhouse and pool,and public art. Physical Features(waterways, Cunningham Lateral bisects the southwest corner of the hazards,flood plain,hillside) property—no floodplain on property. Neighborhood meeting date;#of June 3,2020;June 16,2021—23 attendees attendees: History(previous approvals) No application history with City of Meridian B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Study Yes(review ACHD Staff Report for specifics; Staff analysis is below in es/no Section V.C) Access Two new accesses are proposed via new local street connections—One to E. (Arterial/Collectors/State Amity along the north boundary and one to S.Hillsdale along the west Hwy/Local)(Existing and boundary. Other access is proposed via two stub street extensions. Proposed) Stub Applicant is proposing to extend two stub street connections—W.Macumbo St. Street/Interconnectivity/Cross from the east(Rockhampton Subdivision of Boise)and, S.Bleachfield Ave. Access from the south boundary(Howry Lane Subdivision). Traffic Level of Service Amity Road(between site and Eagle)—Better than"B"(1.474/1,540 VPH) Amity Road(between site and Cloverdale)—Better than"B"(182/425 VPH) - Both segments of road are shown as level"F"when proposed project is added into existing traffic counts. Existing Road Network Amity Road and S.Hillsdale are existing.All internal roads proposed would be new development. Existing Arterial Sidewalks/ No sidewalks or buffers along Amity Road frontage nor Hillsdale Avenue Buffers frontage(collector street) Proposed Road Capital Improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP): Improvements • Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Amity Road to Victory Road in 2021-2022. • Cloverdale Road is schedule in the IFYWP to be widened to 5-lanes from Amity Road to Victory Road in 2025. • The intersection of Eagle Road and Amity Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg,4-lanes on the south, 4-lanes east,and 4-lanes on the west leg and is currently under construction. • The intersection of Cloverdale Road and Amity Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg,4-lanes on the south leg,4-lanes on the north leg,2-laneson the east leg and 2-laneson the west leg in 2025. • Amity Road is listed in the CIP to be widened to 3-lanes from Eagle Road to Cloverdale Road between 2036 and 2040. Page 2 Page 171 Item#13. Description Details Page Fire Service • Distance to Fire Station Approx. 2.9 mile from Fire Station 44(Boise Station 14 is 2.7 miles away) • Fire Response Time This project does not fall within the Meridian Fire response time goal of 5 minutes.If Station 7 is approved,response times will improve. • Resource Reliability Fire Station#4 reliability is 78%(below goal of 80%). • Risk Identification Risk Factor 2—residential with hazards(multi-family and waterway) • Accessibility Proposed project meets all required access,road widths,and turnarounds. Proposed phasing plan shall be adhered to;any changes in the phasing shall be approved by the Fire Department. Applicant shall have strict adherence to proposed phasing plan. Police Service • Distance to Station Approximately 5.6 miles from Meridian Police Department • Response Time Approximately 4.5-minute response time to an emergency. • Call Data Between 7/1/2019-6/30/2021,the Meridian Police Department responded to 900 calls for service within a mile of the proposed development.The crime count on the calls for service was 71. See attached documents for details. Between 7/1/2019-6/30/2021,the Meridian Police Department responded to 25 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None West Ada School District Estimated Additional School 123 estimated children at full build out(.7 per SF dwelling, .1 per MF dwelling) Aged Children • Distance(elem,ms,hs) 0.2 miles to Hillsdale Elementary 1.7 miles to Lake Hazel Middle School 5.miles to Mountain View High School • Capacity of Schools Hillsdale Elementary—700 students Lake Hazel Middle School— 1,000 students ' Mountain View High School—2,175 students • #of Students Enrolled Hillsdale Elementary—626 students Lake Hazel Middle School— 1,029 students Mountain View High School—2,457 students School of Choice Options • Christine Donnell Elementary(Arts)—2.8 miles away(505 enrolled w/capacity of 500) • Spalding Elementary(STEM)—4.3 miles away(677 enrolled w/capacity of 750 Wastewater F • Distance to Sewer NA Services • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining 14.17 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns •Additional 15,709 gpd committed to model. •Ensure no permanent structures(including but not limited to trees,bushes, buildings,carports,trash receptacle walls,fences,infiltration trenches,light oles,etc. are built within the utility easements. Page 3 Page 172 Item#13. Description Details Page Water • Distance to Services 0' • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns •Ensure no permanent structures(including but not limited to trees,bushes, buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. COMPASS—Communities in Motion 2040 2.0 Review Housing w/in 1 mile 3,190 Jobs w/in 1 mile 670 • Ratio 0.2—Indicates an employment need(ratio between 1-1.5 is considered healthy ratio) Farmland Consumed? Yes Nearest Bus Stop 2.6 miles Nearest Public School 0.1 miles Nearest Public Park 0.1 miles Nearest Grocery Store 2.4 miles(an Albertson's grocery store is under construction within 0.75 miles) Recommendations See agency comment section for link to full file. Distance to nearest City Park 1/4 mile to Hillsdale Park and YMCA(9.54 acres in size)directly west of the (+size) project. Page 4 Page 173 1 1 1 i1111;;" IIIII p 111111 .� Y� �r..^.y �,�� V •.+:+sue I t4� .�. .111111111, ■ll � •':711 1 `N1= .�' — •�•1� nnnmm � _. Illlli IIIIIIIIIIY:I ■a►Y■1 1 Iln'. Ih�I�flfl� i iin �nlr, - • - • _ - Ills I ss,,�� � -� _ uni �i1i1>���1r■z�.A'M.ITY _ AMITY = :: It, r ['yi eLU ii� e W - 1 1 ■a'llllnln_II n rl —"v::'-- 1t q W � 111 ••in r _ 1111■ 9 - - r_-f�. ■111 1111 JIIII - 111� •Iln � ' n 1111a MIS ...1111111: L 11111 S-••LLi: - 1111111 _11111111 C •NNNNNnN 11111111�_ _- ', QQ �:.. ��■NNNNNII - �11111111� IIIIIIIII IIIIIIIIII 7 - _ 1'4l moom • - • �`�i ' - • - • ��i-�--n + rnnnnr f ��.-.�wi■ti 111111 111111►.i" � _ - .1111111111_ ---■ - - - - - llllln IC:�E 1111E '�1___' .IE111�1i�1►-, -- = • 11111111� � �-�-Ir� ■milli �- •nnnu _n11` - -1nn II onm - `11:-- rn1r1 --u�s�Ju ' nnm=i� 1 m�1 ' unr�II'L n n1. • . -. •. - EF7C71-1-1.1:1 al.�1c7C•1-]�°-. 1 iuNi' 1 nlr; lip .,. Nonni • 7111- ��• mmm -�+,'�� Is -- --- lug �����I •N:J�■177 Y �1�1� NII �..• F 1� �.�illr-��� 14�Illq nnn *I AMID — -- •--AMITY- - _ -- r r 9 J / �� lil • �' unnnmr � �„ 1 �. - 111� Q— 1111 1111 �-••-�, xr Ha,llllnm_lEugn -n:.::.gip , �W hips _IE-oil I j `=�� =��rn �.� _ , � A � I ■mod-_ --rIN.<v" �p YI�� 1 _��; ■ = C- III v1� 1 _�i�■ ,= �_ III 111 _- �� r 11 Ir IIIIIIN, .11 _ q`� � 1 11 1■ IIIIIIJ�- m1 Iu� _NI 1 6• In , 1n'+-�_ p nw■ aii 1,I�NI 1 '� nu ' 111��_ nn Inl nn1 - m �nn■�punn nn 11111 - 111 •,IIIUN p L - '111111: _ • •nu11N�_ = L - '111111: -- nlllll p 11111 �-�Ilnli• nlllll p- 11111 - �:.:: 11111111 r:unm =nano= mm��inunnl c- 2:nnm slim a :nmm= noon�nunm.- = 1 1 , • , rr i • i. • 1 • 1 � 1 � 1 ' 1.1 1 / i r� Item#13. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/23/2021 10/31/2021 Radius notification mailed to properties within 500 feet 7/20/2021 10/28/2021 Site Posting 8/1/2021 11/5/2021 Nextdoor posting 7/20/2021 10/28/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridiancitE.or /g comQplan) The subject project area contains two future land use designations,Mixed-use Neighborhood (MU-N) and Medium Density Residential(MDR),with the MDR designation taking up a larger area of the project, approximately 80%of the project area. Mixed-Use Neighborhood(MU-N)—The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services.Non- residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree- lined,narrow streets are encouraged. Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject property has two future land use designations on the property, as noted directly above. The majority of the site is designated Medium Density Residential(approximately 31 acres to 8 acres of MU-N) which calls for a different type of lot size and density than the Howry Lane Subdivision directly to the south which is designated as low density residential(LDR). The subject project is comprised of three county parcels located at the southeast corner of E. Amity and S. Hillsdale, directly east of Hillsdale Elementary and the South Meridian YMCA. The relatively small area of MU-N on this site is part of a larger mixed-use area further to the west that encompasses approximately 70 acres. Approximately half of this mixed-use area is approved for residential development(Hills Century Farms North)with the remaining area being comprised of commercial zoning that includes self-storage, an urgent care, medical/dental offices, assisted living facility and some vacant commercial lots. Therefore, the applicant has not proposed to incorporate additional neighborhood serving uses and meet all of the comprehensive plan policies for this designation. Instead, the Applicant is proposing a mixed-use residential project more in line with the MDR designation. However, the proposed and approved commercial uses in this mixed-use area to the west have not been neighborhood serving uses and instead more community serving uses have been constructed; uses intended to be utilized by the nearby neighborhoods AND areas further away. The Applicant is including a lot along S. Hillsdale Ave. within the requested R-1 S zoning district Page 6 Page 175 Item#13. to be a future daycare facility that is consistent with neighborhood serving uses envisioned by the comprehensive plan for this area. Staff is unaware of future uses in the undeveloped commercial lots along Amity that are part of the adjacent project however, additional neighborhood and community serving uses may develop in the area. In addition, Staff does not find it feasible to anticipate future residents of this development to walk to the new Albertson's grocery store being constructed at the northwest corner of the Eagle/Amity intersection which is approximately Y, of a mile to the west because it will require three arterial street crossings with the new roundabout design. However, a grocery store within a mile of the proposed development is still a benefit to this development and this area of the community.Additional school capacity is anticipated by the school district who owns the 40 acres directly northwest of the proposed development. Staff does have concerns with the lack of neighborhood serving uses in this area. Staff believes replacing two of the multi family buildings at the southeast corner of Hillsdale and Hill Park with a multi-tenant commercial building may include neighborhood commercial users like a restaurant, salon, convenience store, or other retail businesses. Therefore, Commission and Council should determine if more commercial is desired for the development. In addition to the preferred uses and some site design elements of the project, the future land use designations also determine the allowed gross density. The existence of two designations within the project determine how the calculation of density can occur for this project. Overall, the Applicant is proposing an overall gross density of 8.4 du/ac which, when rounded down per the comprehensive plan allowances, is at the maximum allowed density of the MDR designation (3-8 du/ac).In addition, it should be noted that this density includes 168 multi family units that are not apart of the current application requests and will require future Conditional Use Permit(CUP) approval from the City. Staff has analyzed the density of this project with the inclusion of the multi family units as that is the intended use and intensity of the site. The MU-N designation allows residential uses at a gross density range of 6-12 du/ac and each designation's "boundary"can be used throughout the project because future land use designations are not parcel specific. The Applicant has proposed transitional lot sizes and density within this project along the perimeter to match the lot sizes of existing development to the east and south. Smaller lot sizes are proposed towards the interior of the project culminating in the multi family lots (highest density) along the west boundary and at the very northwest corner of the development. On the submitted preliminary plat, the Applicant has provided three (3)gross density calculations for the project based on overall area and the two requested zoning designations and their areas, the R-8&R-1 S zoning districts—all three calculations fall within the allowable ranges for the MDR and the MU-N designation. If you were to take only the multi family area, the gross density is approximately 20 units to the acre. Because of the transitional density proposed in the project, Staff is taking the overall gross density calculation and analyzing it against the MDR density range(3-8 du/ac), the more restrictive density range of the two applicable future land use designations. As noted above, the overall gross density proposed lies near the absolute maximum allowed(8.4 du/ac can be rounded down to 8 du/ac per the comprehensive plan)for the future land use designation of MDR. For this simple fact, Staff recommends a reduction in the maximum number of multi family units allowed with a future CUP to bring the overall density below the 8 du/ac without needing to utilize the allowable rounding. Staff has calculated that this would require a loss of 16 multi family units throughout the site. However, in addition to the general density discussion for the proposed development, Staff finds it pertinent to discuss the Community Planning Association of Southwest Idaho (COMPASS)data provided to the City for this development. In that document COMPASS has noted an approximate job to housing ratio within Page 7 Page 176 Item#13. one(1) mile of the project site of 0.2 which indicates a need for more employment in this area (a healthy ratio, according to COMPASS, is in the 1.0—1.5 ratio). Two factors play heavily into this calculation—the number of housing units and the amount and type of commercial uses in the area. Staff has already discussed concern with the amount of neighborhood serving commercial in the immediate area of the project site but neighborhood character, traffic, and overall density also play roles in the amount and design of the future multi family component of this project. Mixed-use designations call for multi family residential to be nearby commercial development and arterial streets but with the proposed gross density, existing character of the surrounding areas, and E.Amity operating at a LOS E(worsening with the proposed development with no plan to expand until 2036),Staff finds that limiting a majority of the multi family units to two- story structures instead of three-stories is prudent planning and would bring the overall density of the project down to a level that is more serviceable by existing transportation facilities, emergency services, and schools.Please see comments from applicable agencies and departments in regards to these points. Staff has included a DA provision in Section VIILAI to limit the heights of all of the apartment units to two-stories except for the two 24 plex buildings in the second row of the multi family area,per these discussion points. If Commission and Council determine additional neighborhood serving uses should be incorporated into this development, this will also impact the number of multi family units that can be constructed on the site.At a minimum, this would be a reduction of 40 multi family units bringing the overall gross density of the Centerville Subdivision to 7.37 du/ac. It will reduce the number of cars on the road, the number of children in our overcrowded schools, and more appropriately match the heights of homes proposed in this development, detached or otherwise.If it is found by Commission and Council that additional neighborhood serving uses should be added and a further reduction in residential units is warranted, it would provide better transition from Hillsdale Avenue and help the project be more consistent with the Comprehensive Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section HII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): As discussed above,the proposed project includes an area that is designated as Mixed-Use Neighborhood.Because this project has a relatively small area of this larger mixed-use area Staff does not find it necessary to discuss the project in accord with each mixed-use policy. However, some policies are still applicable and have been included below. The applicable Comprehensive Plan policies are cited below with Staff analysis in italics: "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01G). Centerville Subdivision proposes different housing types and lot sizes within the project to include single-family detached, alley-loaded townhomes,front-loaded townhomes, and multi family units (future Conditional Use Permit submittal). The Applicant is proposing the detached single-family with varying lot sizes that get smaller towards the interior of the site. Staff finds the proposed housing diversity would offer new housing types in the immediate area as a majority of the area is comprised of standard detached single-family lots. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices"(3.07.01A). The Page 8 Page 177 Item#13. proposed site design incorporates transitional densities and lot sizes from the existing residential development to the south and east(Rockhampton Subdivision of Boise). The Applicant has matched the property lines of the properties directly abutting the east and south boundaries to ensure compatible lot and home sizes to those existing homes. The lot sizes decrease and the density increases towards the interior of the site culminating in an area of multi family residential along S. Hillsdale Avenue and a commercial lot for a future daycare facility. Staff finds the proposed project is compatible with surrounding residential development because of the transitional densities proposed. S. Hillsdale Avenue, a collector street, abuts the site along the west boundary with E. Amity Road, an arterial street, abutting the northern boundary. The Applicant's choice to place the highest density residential and the commercial lot along these corridors is a best design practice. Furthermore, as discussed above, other commercial uses are constructed or planned on the west side of Hillsdale in addition to a community park, a YMCA, and the Hillsdale Elementary School. Stafffinds the inclusion ofmulti family residential nearest to the commercial uses but separated by the required landscape buffer and a collector street creates a compatible project with all surrounding uses. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing network abutting the site to the east and north,per Public Works comments. Subsequently, all public utilities will be extended at the Applicant's expense in order to connect to the existing services within the right-of-way. Currently, this project is not within the Fire Department's response time goal offive (5) minutes. Per Meridian Fire comments, construction of Station 7 next to Discovery Park would help in response times for this area. Currently, a majority of the residential development to the south and southwest are also outside of the response time goal. West Ada School District has offered comments on this project and estimates 123 additional school aged children from this development. Hillsdale Elementary abuts the subject site directly to the west. In addition, there are schools of choice in this area and are noted in the community metrics section in Section II above. The Applicant has discussed with ACHD and the school district to incorporate a new dedicated crossing at E. Hill Park Street and S.Hillsdale to help elementary aged children and parents walk to the school and the YMCA. The adjacent roadways will be impacted by this development, as discussed above and in the Access section in this report. Therefore, Staff has recommended lesser density and more commercial to improve the walkability of this area of the City. See Section VII.F for access and transportation analysis, including Traffic Impact Study summary and analysis. "Preserve,protect, and provide open space for recreation, conservation,and aesthetics" (4.05.01F). The proposed project offers open space that exceeds the minimum requirements in the unified development code (UDC) and includes a large centralized open space area that is slightly under 2 acres in size and is easily accessible via pedestrian connections from anywhere in the project. In addition, the entire development will share the open space and amenities which add to the walkability and usability of the open space within this development. The proposed centralized open space and pedestrian connectivity to it is an example of what the comprehensive plan and our development code currently aims to deliver to Meridian residents. "Require pedestrian access connectors in all new development to link subdivisions together and to promote neighborhood connectivity as part of a community pathway system." (6.01.0111). The Applicant is proposing to extend the two streets stubbed to this property which includes extending Page 9 Page 178 Item#13. the attached sidewalks into this development.Around the perimeter and throughout this development,pedestrian facilities are proposed that would be needed additions to the sidewalk network in this area of development for both Meridian and Boise. In addition, the Applicant is proposing to work with ACHD to construct a dedicated crossing at Hill Park Street and Hillsdale so there is an additional safe route to Hillsdale Elementary on the west side of the adjacent collector street. "Support the inclusion of small-scale neighborhood commercial areas within planned residential developments as part of the development plan,where appropriate." (3.06.02A). With the inclusion of the Mixed-Use Neighborhood future land use designation on this property, the Applicant has decided to propose one commercial lot with this project; the subject lot is shown as a future daycare facility. No other commercial uses are proposed for the development. Further analysis is above in the previous section including a recommendation that the development lose units and include more neighborhood serving uses. Mixed Use Policies: "Community-serving facilities such as hospitals,clinics, churches, schools,parks,daycares,civic buildings, or public safety facilities are expected in larger mixed use developments." The Applicant is proposing one commercial building lot that is to be reserved for a future daycare facility. Staff appreciates its inclusion into the project. "Residential uses should comprise a minimum of 40%of the development area at gross densities ranging from 6 to 12 units/acre." The MU-N designation on this site is part of a larger mixed use area further the west and includes approximately 70 acres overall. Based on rough calculations and including the proposed future multi family component of this project, this MU-N area will be comprised of approximately 58%residential development, exceeding the minimum amount of 40%noted in this policy. "Three specific design elements should be incorporated into a mixed use development: a)street connectivity,b)open space,and c)pathways."Although no multi-use pathways are required with this development due to one already in existence on the west side of S. Hillsdale Avenue and none being shown on the Master Pathways Plan adjacent to the development area, the Applicant is proposing to construct a multi-use pathway segment along the Amity frontage. Furthermore, the subject development is proposed with sidewalks and micro pathways throughout the project that connect open space, amenities, the commercial lot, and the perimeter pedestrian facilities.All of these facts make the open space and pedestrian connectivity component of the project compliant with this policy. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Access(UDC 11-3A-3): Main access to the project is proposed via two new local street connections—one to S. Hillsdale Avenue(collector street)and one to E. Amity Road(arterial street). In addition,the Applicant is extending two local stub streets into the site—one from the east(W. Macumbo Street) and one from the south(S. Bleachfield Avenue). The two local street connections are both located near the southeast corner of the project but do not directly connect. Originally,they did connect more directly but at the first neighborhood meeting concerns were raised about cut-through traffic. So,the Applicant revised the road layout to replace that street connection with a pedestrian connection. The Access from Amity Road aligns with an approved access to the Shelboume South Subdivision located on the north side of Amity and has been approved by ACHD(further analysis is below in the Traffic Impact Study section). The Hillsdale Avenue access aligns with E. Hill Park Street on the west side of the Page 10 Page 179 Item#13. collector street and is proposed to provide the main accesses to the future multi-family residential and the daycare facility. Upon review by ACHD,the successive driveways proposed on the Hill Park Street extension did not meet district offset policies for full accesses. So,the Applicant added a 10-foot wide landscaped median 75 feet into the site to restrict the first two driveways to right-in/right-out only accesses. ACHD approved this revision, as seen on the revised preliminary plat. Staff supports this change in the traffic patterns to help assist with ingress and egress for the multi-family area of the site. This does not affect the overall traffic patterns for the site. Per the submitted plat and concept plan, the multi family area of the site is separated by one of the main entrances to the site, E. Hill Park Street. This segregation of areas includes the Clubhouse and Pool being on the opposite side of Hill Park Street from the highest number of multi family units.Although the Applicant is showing striping across this public road to help delineate the pedestrian walkway, Staff does not find this offers enough traffic calming for this anticipated high-trafficked pedestrian crossing. Therefore, Staff is recommending a condition of approval to add an approved traffic calming measure at the pedestrian crossing shown on the east side of the clubhouse lot traversing E. Hill Park Street. Traffic Impact Study Analysis: The proposed project proposes more than 100 units and therefore requires a Traffic Impact Study (TIS). The Applicant's traffic impact study has been analyzed by ACHD and specific conditions of approval are outlined in their staff report(see exhibit VIII.1). Despite ACHD analyzing and discussing the TIS in their own report, Staff finds it necessary to highlight the main points of discussion and road improvement requirements, specifically those related to the main access points for the project. According to the TIS, the proposed development is estimated to generate 2,599 additional vehicle trips per day and 266 additional trips per hour in the PMpeak hour. Both the TIS and ACHD recommend multiple improvements to the adjacent public roadways with the first phase of development for Centerville Subdivision due to the level of service on Amity Road reaching level "F"once 60 additional PMpeak hour vehicle trips are generated, which equates to the first phase of development. Below are the required improvements that Staff is also including as DA provisions: Summary of Improvements Re uired by ACHD Intersection Improvement Threshold Hillsdale Avenu&Amity Road Interim Signal 60 RIu1 peak hour trlps Amity Road/Amorita Avenue Dedicated eastbound right-turn With first phase of lane and westbound left-turn development lane Amity Road is scheduled to be widened to a 3-lane arterial between 2036 and 2040 and the TIS recommends placing this corridor as a high priority corridor to move the road widening project up in the ACHD CIP. In the interim, the turn lane improvements will be required with the first phase of development to help mitigate traffic concerns and provide safer traffic movement at the Amity Road project entrance. The Hillsdale Avenue/Amity Road intersection is shown on the Master Street Map to be reconstructed with a single-lane roundabout in the future but there is currently not enough right- of-way to require its construction at this time. Instead, the TIS and ACHD require an interim signal be installed at this intersection. Staff anticipates the improvements required by ACHD should help traffic flow and provide safer access to and from the proposed development. Page 11 Page 180 Item#13. In addition to vehicular improvements to the adjacent public roadways, safe pedestrian access to Hillsdale Elementary to the west is discussed within the TIS and was of great concern by adjacent residents. In response, ACHD recommends installing a Rapid Rectangular Flashing Beacon (RRFB) crossing at either the Rockhampton/Hillsdale intersection south of this project or at the Hill ParklHillsdale intersection. The Applicant and West Ada staff have discussed this and the Applicant has proposed to construct this dedicated crossing at the Hill Park/Hillsdale intersection because there is an existing crossing just south of the Rockhampton/Hillsdale intersection. This would offer an additional safe crossing for current and future residents to access the public facilities on the west side of S. Hillsdale Avenue. As additional residential density is added to this area, the mitigation methods utilized by the Applicant becomes increasingly important.In addition, expected road improvements and right- of-way requirements are important analysis factors in determining if a project should be annexed and approved for development. Therefore,Staff does have concern over the estimated increase of traffic from this development to this area with Amity Road in its current two-lane configuration.However, the required mitigation improvements may help disperse the added traffic from this development, according to the TIS and ACHD.As noted above, this factors into staffs recommendation to limit the future multi family residential to 128 units(a loss of 40 units) and reduce the overall density by one(1) unit per acre to 7.34 du/acre. D. Existing Structures/Site Improvements: The subject development consists of 3 parcels and originally contained two homes with associated accessory buildings. The home located along Amity Road is still on the property and the property is currently being used for agricultural production—it will be removed prior to development of the property. The manufactured home in the southwest corner of the site was removed in 2021.No other site improvements are currently known. E. Proposed Use Analysis: The Applicant is proposing multiple uses and different types of residential uses within this development—daycare facility, detached single-family, front-loaded townhomes,alley-loaded townhomes, and multi-family residential. In addition,a clubhouse with a pool is shown on the preliminary plat and is intended to be used by entire development,not just the future multi- family. Multi-family residential is a conditional use in the R-15 zoning district per UDC Table 11-2A-2 and is not a part of the application requests at this time—the Applicant will be required to submit a future CUP application if the Annexation and Zoning and Preliminary Plat requests are approved and conceptually include the multi-family residential use as proposed. All other proposed residential uses are principally permitted uses in the R-8 and R-15 zoning districts. Townhome single-family residential requires Design Review so Staff will analyze the proposed elevations in more detail with that future application. The Applicant has provided a phasing plan notating the project is to be constructed in four(4) phases and shows a majority of the single-family portion of the site to be developed in the first two phases and includes the accesses to Amity and Hillsdale Ave. and the large central open space in the first phase of development. The phasing plan shows the extension of the existing stub streets into the site and the remaining detached single-family occurring with the second phase of development. A majority of the multi-family is proposed with phase 3 and would also include the daycare facility. Lastly,the proposed clubhouse and pool,the remaining multi-family, and the only front-loaded townhomes (at the very southwest corner of the site)is proposed with the fourth and final phase of development and is located in the southwest quadrant of the project. As discussed in the comprehensive plan analysis sections above, Staff finds the proposed uses and the proposed transitional densities/lot sizes offer appropriate and adequate transition from the Page 12 Page 181 Item#13. existing neighborhoods. With Staffs recommended revisions to the multi family building heights, Staff finds the proposed development would not only be compatible with the surrounding neighborhoods but also enhance the existing character of this area. Specifically, all of the detached single-family lots proposed along the south and east boundaries are nearly identical in size and almost align with the existing lot lines of the adjacent residential developments. The Applicant has proposed these homes and those directly across the new local street to be within the R-8 zoning district which matches the zoning to the south (Boise zoning is different than Meridian's but the R-8 zoning is comparable to that zoning of the Boise subdivision to the east). The remaining area of the site is proposed with the R-15 zoning district and the next band of building lots proposed are smaller in lot size as they move closer to the centralized open space and are still detached single-family building lots. West of the centralized open space and acting as a transitional housing type between the detached component of the project and the multi family component is a block of alley-loaded townhomes that are multiple three Alex buildings. These homes have their front doors facing to the east towards a new local street and utilize the easternmost drive aisle of the multi family development for vehicular access to a tuck under garage. This allows a parkway with street trees to be incorporated into the streetscape of this street(shown as S. Stockport Way)and offers both a more attractive streetscape and a different housing type for this development. In addition, Stafffinds it is a practical and appropriate transitional housing type between traditional detached single-family and the proposed multi family along Hillsdale Ave. The Applicant is also reserving a building lot for a future daycare facility at the northeast corner of the Hill Park Street and Hillsdale Avenue intersection. This use is permitted by right in the requested R-15 zoning district so there is no need to propose any commercial zoning to include this use. To help ensure this use is constructed, Staff is including a DA provision that Lot 30, Block 1,per the submitted pre plat, is reserved for a future daycare facility only. Staff notes that the inclusion of this commercial use is precisely what this area calls for and needs as more residential homes are constructed and because it is located so close to an elementary school. Because of these facts, Staff is recommending that this lot be platted with Phase I development instead of with Phase 3 as currently shown on the proposed phasing plan. Staff understands the daycare use is currently in high demand throughout the City so including its platting with Phase I is logical. This does not require that it is constructed with Phase 1 but it gives the Applicant more opportunity to construct it earlier in the process than with Phase 3 (likely years after Phase 1) as currently proposed. With Staffs recommended revisions noted throughout the staff report, Stafffinds the proposed uses within this development match and enhance the existing neighborhood and commercial character of the immediate area. F. Dimensional Standards(UDC 11-2): The proposed building lots appear to meet all UDC dimensional standards for the requested R-8 and R-15 zoning districts in lot size, lot frontage, and proposed uses. All subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The Applicant has proposed two common driveways as part of the detached single-family portion of the site (Lot 28, Block 3 &Lot H, Block 5). Code has recently been revised to limit the number of units taking access from a common drive to four(4) total units, with no more than three (3) being allowed on one side of the drive. The submitted preliminary plat shows three (3) units taking access from each common drive. Staff ,finds the proposed project complies with the subdivision design and improvement standards. Page 13 Page 182 Item#13. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family and multi-family dwellings based on the number of bedrooms per unit. The single-family portion of the site(townhomes and detached)must comply with these standards and will be confirmed at the time of building permit submittal. Note: all local streets are proposed as 33 foot wide street sections which allow for on-street parking where no driveways or mailboxes exist. On-street parking cannot count for the number of off-street parking spaces required for detached single-family residential. The Applicant has provided data regarding the future multi family portion of the site on the submitted preliminary plat and shows 28 parking spaces in excess of code requirements based on the original request of 168 units (358 total spaces proposed; 330 minimum required). It is not clear if this parking includes the spaces required for the clubhouse which has been required to include parking at the standard nonresidential ratio of one space for every 500 square feet of gross floor area. The Applicant is showing dedicated parking for the daycare facility but the size of the building is not yet known so Staff will ensure adequate parking is included for that use with a future Certificate of Zoning Compliance application. A future CUP application will verify the minimum number ofparking spaces required for the multi family development based on the number of bedrooms per unit and the required guest parking(1 space for every 10 units) that should be in effect at the time of CUP submittal. Furthermore, with Staffs recommended reduction in multi family units,parking should not be an issue for the multi family area. The Applicant did not submit a separate parking plan for review. H. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along all of the proposed local streets serving the detached single-family homes. 5-foot wide detached sidewalks with parkways are proposed adjacent to S. Stockport Way(the dividing street between the detached and townhome products), along E. Hill Park Street(the entrance to the site from Hillsdale Ave.),throughout the future multi-family development, and along both Hillsdale Ave. and Amity Road. The proposed sidewalks meet the standards listed in UDC 11-3A-17. The sidewalks in this development create connections throughout the project including to and from the multi-use pathway segment along Amity Road to the large open space area in the center of the development. All open space areas also appear to be directly adjacent to sidewalks and include micro paths which add to the pedestrian accessibility of the development and surrounding neighborhoods. Specifically, this development would add additional and safe routes to Hillsdale Elementary by extending existing pedestrian facilities from the adjacent subdivisions. In addition, the Applicant has worked with ACHD and West Ada School District to include construction of a dedicated Rapid Flashing Beacon (RRFB) crossing from this development to the west. This crossing is proposed at the intersection of E. Hill Park and S.Hillsdale and would provide an additional safe crossing for children from all areas east of Hillsdale Ave./Stockenham Way to get to and from school, the YMCA, and the public park safely. Therefore,Staff supports the sidewalk and overall pedestrian facilities for this development. I. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to E.Amity Road,an arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. At least a 35-foot wide common Page 14 Page 183 Item#13. lot is depicted along Amity Road on the revised preliminary plat and the submitted landscape plans appear to show landscaping in excess of code requirements. A 20-foot wide landscape buffer is required adjacent to S. Hillsdale Avenue,a collector street— the revised plat and landscape plans also show compliance with this requirement. The submitted landscape plans appear to show the correct amount of landscaping per the UDC standards for the landscape buffers. Landscaping is required along all pathways (including micro-pathways) in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of all pathways with the required and proposed number of trees are not included in the Landscape Calculations table on the submitted landscape plans. This should be corrected prior to Final Plat submittal. However,the correct number of trees appear to be shown on the submitted plans. The Applicant has proposed a micro- path in the southeast corner of the site to connect two blocks and the correct number of trees is shown on the landscape plans but there are no trees shown adjacent to the pathway to offer any shade. The pathway segment is slight over 100'which requires only one tree adjacent so the Applicant should move one tree from a portion of this common lot and place it next to the pathway to comply with UDC 11-3B-12C. The Cunningham Lateral currently bisects the very southwest corner of the project site so the Applicant is proposing to pipe and reroute this lateral placing it along the southern and eastern property boundaries in this area of the site. To help this area be more than simply a wide swath of grass, the Applicant is proposing a gravel path over the lateral that circumvents the front- loaded townhomes and connects from S. Hillsdale to one of the internal streets. Because of the irrigation easement associated with the lateral, no trees are allowed within its easement which presents an issue since the Applicant's open space exhibit shows this area as qualifying open space.In order to qualify as open space, the Applicant is required to landscape this area per code. With the encumbrance of the irrigation easement, the Applicant should submit for Alternative Compliance with the first Final Plat application to propose how the existing landscape plan meets or exceeds code requirements or propose an alternative that meets these standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table and meets UDC requirements. J. Qualified Open Space (UDC 11-3G): Despite multi-family residential being the focus of a future CUP application the open space exhibit submitted by the Applicant is intending to show compliance with the standards for both the standard 11-3G-3 and the multi-family specific use standards in UDC 11-4-3-27. A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the overall development,including the multi-family portion of the project. Based on the proposed plat of 38.95 acres, a minimum of 3.9 acres of qualified common open space should be provided to satisfy the requirements of 11-3G-3. In addition,because there is a multi-family development within a residential zoning district,the common open space standards listed within the specific use standards,UDC 11-4-3-27, also apply. Based on the requested number of multi-family units of 168,the minimum amount of open space required to satisfy the specific use standards is 0.96 acres of common open space. However,with Staff s recommended cap of 128 multi-family units, the minimum amount required would be 32,000 square feet, or approximately 0.74 acres. Combined,the required amount of minimum qualifying open space that should be provided is 4.86 acres,without Staffs revisions in place.This is reduced to 4.64 acres if Staffs Page 15 Page 184 Item#13. recommendations are approved.The Applicant's open space exhibit shows a total of 5.64 acres(approximately 14.5%) of qualifying open space but it is unclear exactly how much of this area is for each code section.Regardless,the total amount exceeds the minimum required and it is clear per the open space exhibit and the landscape plans that the minimum 10% open space is met with this preliminary plat(see Exhibit VII.C). The future CUP application for the multi-family development will be required to show that the open space requirements in the specific use standards are met.The qualified open space consists of the required street buffers,the large centralized open space lot,and other smaller open space areas throughout the site that include additional pedestrian connectivity through the site. These areas exceed the minimum UDC requirements. K. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(38.95 acres), a minimum of two (2) qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C. The future CUP application and Commission meeting will determine the number of amenities required per UDC 11-4-3-27 for the multi-family portion of the site because it is proposed with over 100 units. The applicant proposes at least four(4) qualifying amenities to satisfy 11-3G-3 requirements; open space in excess of the requirements,picnic area with benches and shade structure, children's play structure, and public art. The Applicant is showing a clubhouse with a pool and tot-lot in the southwest area of the site and another tot-lot area in the northwest area of the site. These are located within the multi-family area of the development but all open space and amenities would be shared by everyone in the development. With the future CUP application,the Applicant will be required to show the amenities proposed throughout the entire site are enough to satisfy the specific use standards for multi-family development; additional amenities above what are being shown on the concept plan may be required. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the submitted landscape plans and appears to meet UDC requirements. M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The applicant has submitted conceptual renderings of the housing types proposed with this project.Attached single-family homes(townhomes) and multi-family structures require Administrative Design Review(DES)approval prior to building permit submittal and will be handled with those future application submittals. The conceptual renderings submitted for all building types show multiple finish materials, roof profiles, home sizes, and color concepts. Based on the submitted renderings, Staff does not anticipate major issues or changes with future design review applications. Staff will ensure compliance with the ASMfor both the townhome and multi family residential when those applications are submitted. N. Waterways(UDC 11-3A-6): A segment of the Cunningham Lateral crosses the southwest corner of the subject project site. The Applicant is proposing to pipe and reroute this relatively small segment of the lateral and place it along the south and west boundaries of the site to provide more usable area for the development. Fencing and landscaping have been analyzed in other sections of the report that include analysis on the open space proposed over the new lateral easement area. Page 16 Page 185 Item#13. The Applicant's proposal has been analyzed against UDC 11-3A-6 and Stafffinds the proposal to pipe this segment of the Cunningham Lateral is compliant with code. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat application per the conditions of approval in Section VIII and the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 12,2021 and October 21,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Bec McKay,Applicant Representative. b. In opposition: Please see public record here. C. Commenting. Becky McKay; d. Written testimony: A number of written testimonies were submitted, a vast majority of which were against the project. Please see the public record for these records— testimoU. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) public testimony_ a. Allocation of density and lot sizes throughout the site relative to existing residential in the area; b. Desire to have more commercial and less high-density apartments within the project; C. Overall concerns with additional residents in this area and the impact to the roadways and neighborhood elementary school,Hillsdale Elementary; d. Discussions on how Staff measures and analyzes density of projects when multiple future land uses are present within a project site; e. Desire to reduce density further than Applicant proposed with the revised layout and removal of garden-style gpartments, 3. Key issue(s)of discussion by Commission: a. Density of project and inclusion of apartment units in this area of the City; b. Amount of commercial originally proposed and anal, z�y Staff and how it meets the C. Mixed-use Neighborhood future land use designation; d. Ingress and egress for the project site relative to required road improvements to Hillsdale and Amit and subsequent timeline of required road improvements; e. Desire to have more commercial and less multi-family consistent with public testimony at both hearings; £ Support of revised layout that includes more attached single-family, commercial, and a new multi-family use three 4-plex buildings), g_ Amount and availability of parking for the areas surrounding the townhomes and increased commercial lots; 4. Commission change(s)to Staff recommendation: a. Commission did not make any additional changes to the Staff report beyond those noted within the Staff Memo dated October 15,2021 —subsequently, Section VII and Section VIII of this document have been revised to include the revised plans and recommended revisions to the conditions of approval noted in the memo. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 17 Page 186 Item#13. C. City Council: To be heard at future date. Page 18 Page 187 Item#13. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps Legal Description Centerville Subdivision —Annexation A parcel being the NW%<of the NE%of Section 33,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northwest corner of said NW'%of the NE%, from which an Aluminum Cap monument marking the northwest corner of the of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'%of the NE'/<S 89014'44"E a distance of 1330.22 feet to a point marking the northeast corner of said NW'%of the NE%; Thence along the easterly boundary of said NW'%of the NE'%S 0*22'10"W a distance of 1324.15 feet to a point marking the southeast corner of said NW'%of the NE%; Thence along the southerly boundary of said NW'%of the NE%N 89027'31"W a distance of 1329.05 feet to a point marking the southwest corner of said NW'%of the NE%; Thence along the westerly boundary of said NW'%of the NE%N 0°19'12"E a distance of 1329.10 feet to the POINT OF BEGINNING. This parcel contains 40.49 acres and is subject to any easements existing or in use. Clinton W.Hansen,PLS o\NL LANo Land June 24,12021s PC s �<1 TER l�i�,97F of TON Land ibl utilons Centerville Subdivision Job 1 -16 of 1 Survrying anE Consulting Pageage 1 of 1 Page 19 Page 188 Item#13. CENTERVILLE SUBDIVISION - ANNEXATION EXHIBIT THE NW'/4 OF THE NE'/4 OF SECTION 33,T3N, R1 E, BM,ADA COUNTY, IDAHO BASIS OF BEARING POINT OF E. AMITY ROAD 29 28 N89'1518'W 28 BEGINNING E 1 1s _ S89'14'44"E 1330.22' / 1330.22' 28 27 32 Q 33 2660.59' 133 1/4 S89'14'44"E 33 34 Ld o vi a� N o0 z� 2 U O i) o N CF M N TOTAL ANNEXATION AREA = 40.49 ACRES E. HILL PARK ST. u N O �o O N z S Z O 1n �o zo �z Sd� Qo >S �o �m CN 1/16 -- N8927'31W 1329.05' NE 1/16N HOXRY LANE SUBDINSION N0.1 —1 LANE SUBDI SIGN N0.2 J�Qs N o - N i ol� C 1/4 0� S T 0 Q' F 11118 utions- o6fElki ��_ �(�qN �F �pQ �<v Land Surveying and Consulting 0' 150' 300' 600' ti 231 E.STH ST.,STE.A r0/y W.NP MERIDIAN,ID 83642 (208)288-2040 (208)288-2557(ax WWW.a(Id5.Wfl-biz JOB N0.20-16 Page 20 Page 189 Item#13. CENTERVILLE SUBDIVISION - REZONE EXHIBIT THE NW'/4 OF THE NE'/4 OF SECTION 33,T3N, R1 E, BM,ADA COUNTY, IDAHO POINT OF BEGINNING E. AMITY ROAD 29 28 BASIS OF BEARING 28 C-C ZONE N891518 W S89'14'44"E 1330.22' E 1/16 1330.22' 28 27 32 33 2660.59' 1/4 33 L10 681.60' 459.90' S89'14'44'E c I i J 33 34 POINT OF POINT OF I , L l N BEGINNING BEGINNING N ,� w o W¢ 1 R15 ZONE R8 ZONE I� ao N ^ p N J A- > caw IoN a i vi N— "' R-15 ZONE L15 J J AREA=24.17 ACRES M E. HILL PARK ST. w _ _ N I N— S N �mS I C. fn_ n �L5 _ _459.40'_ J `� fr N89'14'44"W — J L8� R-8 ZONE _ =� rnr AREA=13.38 ACRES A >S �I S 2' 444.00' 885.05' N CN 1/16 -- N89'27'31"W 1329.05' -7- NE 1/16 ,gyp HOWRY LANE C" SUBDMSION N0.1 HOWRY LANE SUBDIV1510N N0.2 o - rn N ol� /�- LINE TABLE CURVE TABLE LINE # LENGTH DIRECTION CURVE # LENGTH RADIUS DELTA BEARING CHORD Li 174.00' SO'47'14"W C1 7.71' 347.00' 116'25" S7'38'12"E 7.71' L2 47.37' S6'25'57"E C2 31.42' 20 OU00 90'00'00" S45-45'16"W 28.28' C 1/4 L3 95.00' SO'45'16"W LINE TABLE (CONT.) p,A10SG L4 179.00' S8914'44"E LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION L5 16.72' S81'43'35"W L10 188.72' S8914'44"E L13 146.91' S9.00'00"W Z�p L6 79.75' SO.08'44"W L11 175.85' S019'12"W L14 50.72' S019'12"W a 18 L 47.00' N8914'44"Wa L12 29.40' S17'25'38"E L15 175.50' N89'40'48"W 0 LB 60.13' W L9 0.12' SO45'16"W0NW Lan olutions 0' 150' 300' 600' Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax ww.landsolutions.ba JOB N0.20-16 Page 21 Page 190 Item#13. Legal Description Centerville Subdivision —C-C, R15 and R8 Rezone Parcels being portions of Lots 1 and 2 of Block 1 of Garoutte Acres Subdivision as shown in Book 60 of Plats on Pages 5900 through 5901, records of Ada County, Idaho,and the NW'%of the NE %of Section 33,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho,and more particularly described as follows: C-C REZONE BEGINNING at a Brass Cap monument marking the northwest corner of said NW'/4 of the NE'/4, from which an Aluminum Cap monument marking the northwest corner of the NW '% of said Section 33 bears N 89*15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW '% of the NE '% S 89°14'44" E a distance of 188.72 feet to a point; Thence leaving said northerly boundary S 0°19'12"W a distance of 175.85 feet to a point; Thence S 172538"E a distance of 29.40 feet to a point; Thence S 0'19'12"W a distance of 271.47 feet to a point; Thence S 9°00'00"W a distance of 146.91 feet to a point; Thence S 0°19'12"W a distance of 50.72 feet to a point; Thence N 89°40'48"W a distance of 175.50 feet to a point on the westerly boundary of said NW '/4 of the NE'/4; Thence along said westerly boundary N 0°19'12" E a distance of 672.70 feet to the POINT OF BEGINNING. This parcel contains 2.95 acres and is subject to any easements existing or in use. R-15 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'%of the NE %, from which an Aluminum Cap monument marking the northwest corner of the NW'/4 of said Section 33 bears N 89'1518"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'% of the NE '/4 S 89014,44" E a distance of 188.72 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89014'44" E a distance of 681.60 feet to a point; Thence leaving said boundary S 0°47'14"W a distance of 174.00 feet to a point; Thence S 6025'57" E a distance of 47.37 feet to a point; a1..ilA�t�1l1�>f'il ons Centerville Subdivision ��— -16 _wId Slllymy a.a co1:wn Page Job ge of Io. of 3 3 Page 22 Page 191 Item#13. Thence S 0°45'16"W a distance of 95.00 feet to a point; Thence S 89°14'44"E a distance of 179.00 feet to a point; Thence S 0'45'16"W a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 459.40 feet to a point; Thence S 81°43'35"W a distance of 16.72 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius non-tangent curve right,said curve having a central angle of 1°16'25"and a long chord bearing S 7°38'12"E a distance of 7.71 feet to a point; Thence S 0°08'44"W a distance of 79.75 feet to a point; Thence N 89°14'44"W a distance of 47.00 feet to a point; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius non-tangent curve right,said curve having a central angle of 90°00'00"and a long chord bearing S 45°45'16"W a distance of 28.28 feet to a point of tangency; Thence N 89'14'44"W a distance of 60.13 feet to a point; Thence S 0°45'16"W a distance of 170.12 feet to a point on the southerly boundary of said NW %of the NE%; Thence along said southerly boundary N 89°27'31"W a distance of 444.00 feet to a point marking the southwest corner of said NW'/4 of the NE%; Thence along the westerly boundary of said NW%of the NE'/4 N 0°19'12"E a distance of 656.40 feet to a point; Thence leaving said boundary S 89°40'48" E a distance of 175.50 feet to a point; Thence N 0°19'12" E a distance of 50.72 feet to a point; Thence N 9°00'00" E a distance of 146.91 feet to a point; Thence N 0°19'12" E a distance of 271.47 feet to a point; Thence N 17°25'38"W a distance of 29.40 feet to a point; Thence N 0°19'12" E a distance of 175.85 feet to the POINT OF BEGINNING. This parcel contains 24.17 acres and is subject to any easements existing or in use. R-8 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW%of the NE %, from which an Aluminum Cap monument marking the northwest corner of the NW%of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; d. ifl�i011l9'i�jons Centerville Subdivision Surveying and Consulting Job No.2 Page 2 of of 3 3 Page 23 Page 192 Item#13. Thence along the northerly boundary of said NW '/4 of the NE '/4 S 89°14'44" E a distance of 870.32 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°14'44" E a distance of 459.90 feet to a point marking the northeast corner of said NW'%of the NE'/4; Thence along the easterly boundary of said NW'/4 of the NE'%S 0'22'10"W a distance of 1324.15 feet to a point marking the southeast corner of said NW'%of the NE%; Thence along the southerly boundary of said NW'%of the NE '/4 N 89°27'31" W a distance of 885.05 feet to a point; Thence leaving said southerly boundary N 0'45'16" E a distance of 170.12 feet to a point; Thence S 89°14'44" E a distance of 60.13 feet to a point of curvature; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius curve left, said curve having a central angle of 90°00'00"and a long chord bearing N 4504616"E a distance of 28.28 feet to a point; Thence S 89014'44" E a distance of 47.00 feet to a point; Thence N 0°08'44" E a distance of 79.75 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius curve left, said curve having a central angle of 1°16'25" and a long chord bearing N 7038'12"W a distance of 7.71 feet to a point; Thence N 81°43'35"E a distance of 16.72 feet to a point; Thence S 89°14'44"E a distance of 459.40 feet to a point; Thence N 0°45'16" E a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 179.00 feet to a point; Thence N 0'45'16" E a distance of 95.00 feet to a point; Thence N 6025'57"W a distance of 47.37 feet to a point; Thence N 0°47'14"E a distance of 174.00 feet to the POINT OF BEGINNING. This parcel contains 13.38 acres and is subject to any easements NPR LA Np existing or in use. 5`° T F SG� �F L Clinton W. Hansen, PLS Land Solutions, PC 11118 Revised October 12, 2021 (vI12�-Z, OF �T N W Lzt__d b)b l-0ons Centerville Subdivision 16 Surveying antl Consuliing Paagege 3 of Job 3 of 3 3 Page 24 Page 193 Item#13. B. Revised Preliminary Plat(dated: 7,130/2021.Revision date of 10/8/2021) swuniqS U CH003H�OH3NMO fi UldOIIAM ad3NNv 9NIVEN16N3 H J2 IN Al p o IN -2F fdi r In ----------- ----------- i -------- ----------- ----------- —7— -7- '-17-7--77 I cl J,,cl —T J T 71 4 L "MfM�k I , — .. . 11 I'll, TT fi "y. -- -------- i t ----- -------- Page 25 Item#13. an v�anuxxi mxexx o uAmmauo moxmno rr'n^x'�3e 'SNyI MOS.ci 1V'ld AHVNIWIIdad , 8 .. 10ViN00 V HIOISIAIQAIIS _ G OUCY01H do UINMo aaaoi3n3a 9NI833NI5N,� 3TIIAx�.LAIa� a LLI d3NNVNd un. _ o�„-n msaaas����a saaa�w>e s 6M xw3�• - Y_ S 17 3gys' E�9 �� €ass a ��9a rm'a N � iil a��1� @ i �� a :g§ a � � sc I I ill1 1w i 1 r � — A � ,r a � III yI Ft. - P I l Sax _x rt w' aF.re n _ A — Page 26 Page 195 Item#13. "PIZ SNOUND iVld AH,'NlAl-HHd UJ ' S CH031HJOHIMMO d3dOl3A31 ioviNo:) CC - -b:]NNV]d 9N1f133N16N3 --------- ---------------- ------------ - ------ - ---------- sl �j IL t7 ---------- L4 4 T L i.L— I- -T Page 27 Item#13. ArC'��3:.M1l !! 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C. Open Space Exhibit(NOT APPROVED—needs to be revised to match layout revisions) N. E. AMITY ROAD __ E. AMITY ROAD 6 N J i D I II I a ICI I — ie r �LI I -- -- r III � i E. HILL PARK ST ti ®I Id �I 0 J J 4 I ® - I SITE AREA = 38.95 ACRES TOTAL QUALIFIED OPEN SPACE = 5.64f ACRES (14.48%) PRELIMINARY QUALIFIED OPEN SPACE CENTERVILLE SUBDIVISION 1" = 200' LOCATED IN THE NE d OF SECTION 33, T.31N., ME., B.M. ADA COUNTY, IDAHO Page 29 Page 198 Item#13. D. Landscape Plans(date: �107vrv7/2021 10/15/2021) Y r AL ] 8'NTa50L1 n v(TrPI IWL a�li I� - �.y _ FOG 51rTING J POINT ) � ]5 SiSD -_ 510N � ITY IA G Y ) ss s � � I 13 �LONNEGTON sa II u r �^'� ' Exlsnna FENCE TO REMAIN I -fir�3- I N `'PLAT •$RFA k'/ �E _ s � N ss of � u 4# 85Fi TREE I fr H-. rz WE AItLx l ea 17 VINri FENCE _ LTRfi-5 TO HE REMOVED PnF) e avvwvoav LANDSOAFF: CALr JLA71 ONS =�EVELOPMEN7 :7)ATA ....... .......... Torvy ro�A _____ ACR[5 COMMON AREA ...... S.BO Nt,RES{14.89%1 LOCATION WIDTH LHJbTH REGdIiRID PROVIDED ---- —Rs E.AMITY RD. 42' 120'/35'- 55 TREE5 45 TREES RESIDENTIAL LOTS.- 124 EX15TIlY 7DNIWj ._--..._....___.RUT .....................R-8,R-15,4 L-G 5,wLLSDALE AVE, 21' 12a5•/55'- 56 YREES 39 YREES FWR�LE%LOT5 4 Lp-I N AREA 221p15/6,—- 26 TREE5 211 TREE5 DAYGARE LOT I RE5IDEMIALSTRC-ET TREES 1321RE6 —PAGILIT'r/AMENIN LOT............. GOMMERGIAL/FLFX 5PAGF LOT......... 5 TOraL NUMBER Or TREES as TREES -4TI TREE5 FRIVATS ALLEY/W21VF1 LANE LOC..- 4 LOMMON LOTS............................................. BB EXTRA TREES PROVIDED PBOJE TNOSE REQUIRED FOR MITIGATION(IF REQUIRED): 312�5 GAL INGNF5 TOTAL LO.5 349 Page 30 Page 199 �Alm Item#13. OF F, MA �-W �A 'u v kn IN a_ :z z if < d -71 ILL z j IF, < Lu Lu tu 'Rf LLI Lu LU E u Page 31 Item#13. s Ie�en� s�isn4r�Ian¢s ��$ A ray '06 � � KING WIEf + IL. rn L � l n46 ff I amp TSz� � fir- cawrt uin(s�x un4.-- 9�1 1 I: Yr �� rim K� _ ala � x�;� •.^�� � � o o II III I I N 1� Ll Tn III,I 2 y IT Z CENTERVILLE SUBDIVISIONa g9 a '"°` � MERIDIAN, ID r^ �� IT ,3j�16 ��r = PRELIMINARY PLAT LANDSCAPE PLAN �;:�m Page 32 Page 201 Item#13. S IffiLSd(CAI4]WK Im ,. rn I 1 I I�— rlm � f '111111 a 4 a� All ' �I Ik s 1 ZjTH I ! _ 10 I_ s arwlauo,rvE - - I 1'Im a `p soars eoc2z ram.. 113 CENTERVILLE SUBDIVISION ' 's q `" r 3 9 y = MERIDIAN. ID S e -3 H., _ m PRELIMINARY PLAT LANDSCAPE PLAN & Page 33 — Page 202 Item#13. m c z $ R E5 e 4 r� Fay O s� aF s Ili Wi' E 5.7 ve br > CENTERVILLE SUBDIVISION r r �zos, 9 � 3 MERIDIAN,ID Ll m f PRELIMINARY PLAT LANDSCAPE PLAN �� T Page 34 Page 203 Item#13. E. Proposed Phasing Plan "-T �� --axav H ice. rTJ T--) �T _ k I 6 I d I I 14—..—. ��• 5894i w4 I.iRO RRfP '—_`— —— ____ --E.RM/7Y lY✓AO-- _E-- __ __ EA(M7Y R690---AEI/16--m� 589'14'44"E 160.0 i' -7 i i w _ = $ I E WJ05MHRRP Si h 14 2 3 4 5 6 7 8 9 10 7 r 13 74 t5 1 ILW1LL(1D 1 17 40 39 38 3T 36 35 34 33 32 11 i 31 16 6 pp BLOCK II — 19 17 N 9 - � E CALRYMPIE 3C �r� - I ® 27 - � _ m 22 2 3 4 5 6 7 8 IC 26 'a 18 IB 23 12 25 BLOCK 4 1} 23 20 13 27 r i$ 14 E HI 9REFI N S1Rff!,N Oj E HIL PNIX SIHEEF � O 15 - -- - g _ 2 4 - 018 y t4 a oe 7 i 36 y 9 29 27 26 25 24.23 22 19 5 ' o I ` 4111it, s 3s 15 IC E.HWSpIC T_____� P 11 8 34 � 16 lii �i 20 t9 18 17 16 15 14 13 12 Ill H aw Ir'. 11 13 9 15 14 W.1uC72Myp 5? `+11D I is Ir,HacuMeo sr: --- E HILIS%1R'1[ICJI 2a r 331 Y -______``' l rein ,a j {1 m 23 24 25 26 27 20 29 �I a I BLOCK fi B 33 3� 35 35 37 }. 38 32 w __ eW Rx'K✓".MNILW 51. -\ ,r IAIfPs1 E4SE, � w r a \ r8sz3aj'�q CHNNIN �g h ec:xnnawroa sr --------------- -------- ------- CENTERVILLE PROPOSED PHASE 3 �5 _ Page 35 Page 204 Item#13. F. Common Drive Exhibits 10 12 13 14 BLOCK 3 N. 15'REAR 15'REAR 15'REAR FENCE (SEE LANDSCAPE PLAN) n�IIIL� I 16 Jl I I I I I I 32 11 1 31 1 1 30 29 I I I I I a of to HOME COMMON HOME HOMEi I HOME I ORIENTATION O ORIENTATION ORIENTATION ORIENTATION I I i I I I I I 20'(GARAGE)FROM 20'(WAGE)FRO4 1 20'(GARAGE)FRONT! LI10'(LMNG)FRONTS 110'(WING)FROM L 10'(UVING)FRONT] n Y r 17 0 O FENCE (WILL NOT EXTENDPAST 28 FENCE SEE FRONT PLANE OF DWELLING), (TYPJ —EPu v—r—ev LANDSCAPE E. DALRYMPLE ST. PLAN) 0 2 I ¢wll 11 > 27 9 < z i z --- m ACCESS NOTE ---i- ' J , ------------• LOT 27: ACCESS FROM > PENNVILLE AVE. z �£� • PER CITY OF MERIDIAN 10 wa 26 UDC 111-6C-3D.5 N 9. CENTERVILLE PRELIMINARY PLAT (COMMON DRIVE EXHIBIT) 1" = 30' EXHHiIT-A >w z w 6 a¢ v; 35 5'SIDE N. I I o I FENCE (WILL NOT EXTEND PAST FRONT PLANE OF DWELLING), (TYP.) i i n 7 E. HILLSONG ST. i --- ° ------- - I J�5'SIDE . •. 5'SIDE l0 14 I Ip Ic iN ilk � s s 8 34 Iz z 5'SIDE } 5) 20' MIN. -, ------- 'SIDE___------ SHARED HOME lo I� r - ORIENTATION i DRIVEWAY `�' ? 9 13 12 I� ------------ 5'SIDE 5'SIDE —_-_ I I 33 I I II i I m x Icy L--------J �, > 10 F iA to I z Iz I� I 5'SIDE FENCE (SEE ACCESS NOTE LANDSCAPE • LOT 7: ACCESS FROM 25 26 PLAN) 27 PENNVILLE AVENUE. • LOT 12: ACCESS FROM BLOCK 5 HILLSONG STREET. • PER CITY OF MERIDIAN UDC 11-6C-3D.5 CENTEROLLE PRELIMINARY PLAT (COMMON DRIVE EXHIBIT) 1" = 30' EXHIBIT-B Page 36 Page 205 Item#13. G. Conceptual Building Elevations CBH HOMES CENTERVILLE SINGLE FAMILY ON 50'WIDE LOTS QUO, ITI IT 7171, _...® I IJ C [BIB HOMES CENTERVILLE SINGLE FAMILY ON 36'WIDE LOTS ®® ®® FMHE FFFERE]FMHE Fr Page 37 Page 206 CBH 3-UNIT TOWNHOME TYPE 1 CENTERVILLE 0� ■_ �CENTERVILLE 3-UNIT TOWNHOME TYPE 2 rl CENTERVILLE 3-UNIT TOWNHOME TYPE 3 Hl Page 38 11� � o � 1■ � o � T � o 1�11 r� e i i E Item#13. CBF1 HOMES CENTERVILLE FRONT LOAD TOWNHOME Page 39 Page 208 Item#13. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat,phasing plan,concept plan,landscape plan,open space exhibit, and conceptual building elevations included in Section VII and the provisions contained herein. b. Future development shall be generally consistent with the proposed phasing plan, specifically that no more than 30 homes shall be constructed prior to both the Hillsdale Avenue and the Amity Road accesses being constructed. c. With the first phase of development,the Applicant shall construct a dedicated westbound and eastbound turn lane on E. Amity Road at the S.Amorita Avenue entrance(as labeled on the preliminary plat)and construct an interim signal at the E.Amity Road and S. Hillsdale Avenue intersection,per the ACHD staff report and the Traffic Impact Study. d. With the first phase of development,the Applicant shall construct a Rapid Rectangular Flashing Beacon(RRFB) crossing at the S. Hillsdale Avenue and E. Hill Park Street intersection. e. Per the submitted and revised preliminary plat,Lot 3058,Block 1 shall be reserved for a future daycare facility and Lots 17, 59, &60, Block 1 shall be reserved for future commercial uses. £ All future pedestrian crossings within the subdivision that traverse a driving surface fittefe multi family residential area of the site shall be constructed with brick,pavers, stamped concrete,colored concrete or similar to clearly delineate the driving surface from the pedestrian facilities,per UDC 11-3A-19B.4b. g. No building permits shall be submitted until the final plat for the associated phase is recorded. h. The required landscape street buffers and detached pedestrian facilities shall be constructed and vegetated with the first phase of development along E.Amity Road and S. Hillsdale Avenue. i. The Applicant shall pipe and reroute the Cunningham Lateral segment present on this property and comply with the standards in UDC 11-3A-6,per the submitted preliminary plat and concept plan. 128 units with all 12 plex buildings being no more than two st-li Page 40 Page 209 Item#13. k. Multi-family residential is not approved with these applications and a future Conditional Use Permit is required per the use table in UDC 11-2A-2 for the R- 15 zoning district. 1. All open space and amenities throughout the development shall be shared by the single family and multi f mil all portions of the development;the future Conditional Use Permit application shall show continued compliance with all open space and amenity requirements for the development as a whole. m. The elevations/facades of 2-story structures that face E.Amity Road,an entryway corridor, and S. Hillsdale Avenue Street, a collector street, shall incorporate articulation throughges in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. n. Prior to the City Council hearing,the he Applicant shall submit a Private Street application and pay the applicable fee for the proposed private streets in the west half of the site for access to the townhome units and commercial building lots. 2. The preliminary plat included in Section VII.B, dated July30,2021 October 8, 2021, is approved as submitted. sh 11 be revised s f Hews. .;tt, the first Final Plat s4fflit4,1. between the south and nat4h,ti.,,lt; fi m ly building lots(Lot 13,Week 1 &Let 1 4 3. The landscape plan included in Section VII.D, dated une-7?021 October 15,2021, is approved as submitted. shall be revised as follows.,t least to (1 m days prior-t the Gi plat;a. Revise the!andseape plans te ma4eh the revised pr-eliminafy b. Per UPC 33B-12G ..lace .,t least efie tee .,long themier-epath leeated o Lei 20 Bleek 5, as labeled en the revised pr-elimiaafy plat. 4. The Applicant shall apply for Alternative Compliance with the first Final Plat submittal to propose an adequate alternative for the required pathway landscape requirements for the proposed gravel path over the Cunningham Lateral in the southwest corner of the site,in accord with UDC 11-5B-5. 5. An exhibit shall be submitted with the applicable final plat application that depicts the setbacks, fencing,building envelope,and orientation of the lots and structures accessed via the common driveways(shown as Lot 28,Block 3 &Lot 11,Block 5); if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6,UDC Table 11-2A-7,UDC Table 11-2B-3 and those listed in the specific use standards for the future multi-family development,UDC 11-4-3-27. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit and for the proposed nonresidential uses at the applicable ratio. Page 41 Page 210 Item#13. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The Applicant shall obtain Administrative Design Review approval for the townhomes with submittal of the first final plat phase which contains this use. 10. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approval for each commercial building consistent with UDC requirements prior to building permit submittal for each building. 11. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway segment along Fivemile Creek to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side). 12. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 13. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 14. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 15. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 16. Prior to building permit submittal for any structure in each phase,the Applicant shall record the associated final plat for that phase. 17. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit public access easements for any multi-use pathway proposed with the development to the Planning Division for approval by City Council and subsequent recordation. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 All water and sewer mains, fire hydrants, and water meters must either be located in public right of way or be covered by a minimum 20-foot-wide utility easement, or 30-foot-wide minimum combined water and sewer easement. Easements shall be centered on the main, with a minimum of 10 foot on each side of the main. Easements shall have no encroachments of permanent structures including but not limited to buildings, carports,trash enclosures, trees, shrubs, fences, etc. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement is required for the streetlights on Pine Avenue and Ten Mile Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall Page 42 Page 211 Item#13. be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a Page 43 Page 212 Item#13. performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. These standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) Page 44 Page 213 Item#13. https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=234511&dbid=0&r0o=MeridianC i &cr--1 D. POLICE DEPARTMENT(MPD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=232736&dbid=0&repo=MeridianC iv E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=234049&dbid=0&r0o=MeridianC iv F. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=233030&dbid=0&repo=MeridianC Lu G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=233224&dbid=0&r0o=MeridianC iv H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=234295&dbid=0&r0o=MeridianC iv I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=234509&dbid=0&r0o=MeridianC hty J. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https://weblink.meridiancity.org/WebLink/DocView.aspx?id=234532&dbid=0&r0o=MeridianC hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8, R-15, and C-C zoning districts and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and request for different types of residential dwelling types will contribute to the range of housing opportunities available Page 45 Page 214 Item#13. within the City and within this area. Commission finds the proposed development is generally consistent with the purpose statement of the residential districts included as part of the application. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Because of the proposed addition of differing dwelling types, neighborhood serving commercial uses, and the general site design, Commission finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat, with Staffs recommendations and the Applicant's revisions, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Page 46 Page 215 Item#13. Staff is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has approved the proposed internal road layout and has required road improvements adjacent to the site. So, Commission finds, if all recommended conditions of approval are met, the proposed development meets this finding. 6. The development preserves significant natural,scenic or historic features. Commission is unaware of any significant natural, scenic, or historic features on the subject sites and therefore finds the development meets this finding. Page 47 Page 216 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll r. 111 � kA a , � .� i. ,� �_ � 'Y' _ . . u � S- ifz \ �d. - - �\\ il, i �' � � � I , ; \� �.,1 � Y � , - i t ,�� ,� ` ,q M ..v : : . . - . _ .. - .. . t _ - _ � - 11 t NR' __ _ - e` `, � _ . , -:_ m '� ' - - - -�..r�-' - � � �_. r -, �.� � � , � ' \ � � ;� ,�: - �A n to � 'Ra. �y OFIV + a lier e w ;' , :; I ,�� it a �� a '; •,�: 1�'�r Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll NW Corner of Proposed Centerville Sub.1 & 332211 More neighborhood retail will add jobs•Provides community what we need•& Hill Park St.Amoritaat Better traffic flow (dedicated turn lanes) •N should extend along Amity-MU•N Zoning more inline with FLUM-Propose MU•Too close to Hillsdale Amity Intersection•C troublesome-Proposed Entrance to C•inadequateEst. 2% annual traffic growth since 2018 •No Traffic Count done on Hillsdale Ave•Park St. when traveling S on Hillsdale AveNeed LH Turn Lane into Centerville on Hill •N is what residents need-MU•C Zoning is inconsistent with FLUM-C• Conclusion 15 (not 24 acres as proposed)-0 acres of R•8 MDR (not 13 acres as proposed)-31 acres of R•N Cut Sheet-service commercial/retail tenants, plaza space as designated in the MUC as proposed) including more neighborhood --9 acres of MU•I do support development of this land that is aligned with the FLUM•Insufficient transitional density along Southwest border•N, significant R15, minimal R8)-Critical aspects not inline with FLUM (no MU•Worsens Job/Housing Ratio (0.2 with 1.0 to 1.5 desirable)•ACHD says Amity “needs” to be 5 Lanes, current plan is 3 Lanes in 2036 and is not funded•Adds more traffic to unknown traffic situation due to COVID•term funding solution-Adds more students to overcrowded schools with no near•I oppose the Centerville Subdivision as proposed• Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll MERIDIAN SOUTHERN RIM COALITION A call for City Council to demonstrate good stewardship of public trust by denying Centerville application as it falls short of Meridian's Vision. PUBLIC CONCERNS & POINTS OF FRUSTRATION • Extremely low jobs/housing ratio of 0.2 when ideal is between 1 .0 to 1 .5 (see COMPASS report) • Growing traffic concerns as South Meridian's housing construction continues to outpace the transportation construction of major and minor arterial roads • TIS inappropriately uses 3 years old data with 2% annual rate of traffic increase in a priority growth area to extrapolate impact numbers that come just below thresholds used to determine traffic impact fees (see Agency Comment) • Overcrowded schools at all levels (but particularly at the high school levels) with no immediate viable funding solutions. • Overall unwillingness and inability for Meridian to check development and provide sustainable and balanced growth via the economics of development impact fees. PUBLIC TRUSTS CITY COUNCIL TO ENFORCE 1 . FLUM Consistency 4. Appropriate Zoning Comp Plan's Policy Directive 3.03.03D Requires Comp Plan 1-4 - it is necessary for the City to implement all development to be consistent with Future technical guidelines and adopt policies that will provide Land Use Map designations for the property the framework for considering proposed physical development and its suitability, impact on the quality of life for Meridian citizens, and the best interest of the City. 2. Surrounding CompatibilitX https://meridiancity.org/planning/files/LandUse-10-NIUN.pdf Comp Plan's Policy Directive 3.07.01A - Require all MIXED USE NEIGHBORHOOD (MU-N) new development to create a site design compatible FUTURE LAND USE MAP DESIGNATION GENERAL INFORMATION with surrounding uses through buffering, Map Color ❑ Zoning TN-R I TN-C I L-O I C-N I R-$ R-15 screening, transitional densities, and other best site Sample use(s) G Townhouses,multi-family developments,neighborhood grocer,drug stores,coffee/sandwich/ice-cream shops design practices. • https://meridiancity.org/planning/files/LandUse-03-NMDR.pdf MEDIUM DENSITY RESIDENTIAL 3. Transitional Densities Future Land Use Map Designation Comp Plan 3-13 - Alleys and roadways should be map Color ❑ Zoning R-4,R-s,TN-R used to transition from dissimilar land uses, and Sample Use(s) ❑ Single-family detached residential,Single-family attached residential between residential densities and housing types. 5. Walkability Comp Plan's Policy Directive 5.01.01A - Foster a walkable and bikeable community through good site and street design APPLICATION IS INCONSISTENT WITH FLUM �_E-AMITY-RD I 1 M ROWo ' • Comp Plan 3-11 has a • Original Plan: Floating • Current Plan: Floating • Public Expectation: MU-N provision to float an abutting provision not applicable and provision continues to not be consistent with FLUM designation when parcels don't violates limits of the provision applicable, and land was • Accommodates transitioning align with designations. This is by floating designation over purchased knowing provision density compatible to not the case here — the 50% of the land being comes at the discretion of the surrounding 1/4 to 1/ acre combined parcels align. developed Council as part of a public residential lots. hearing. Comp Plan 3.03.03D Requires all development to be consistent with Future Land Use Map designations INADEQUATE TRANSITIONS TO SURROUNDING RESIDENTIAL HOMES .r ��. 21 :w _ 75 rAc. Having 2,400 to 3,400 sf r townhouse lots adjacent i >Q SIlY.0J ad. _' sc 7 A� s= � to 10,000 and 26,000 sf single family lots is problematic. This is not 1 r s x 0.31 Ac adequate transitional ol 0.32 density. —1 Al A ' 0.20 AC ZI These lots sit on a higher elevation then neighboring home to the east and neighboring homes to the south. These highly visible lots need to be cohesive to surrounding area. • Solution: Restrict lots south of W. Rincon Lane to single story family homes or convert lots to additional open space and/or much needed parking. Comp Plan's Policy Direction 3.07.01A - Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices. HOW TO ACHIEVE COMPLIANCE WITH COMP PLAN I iS89'14`44% 1$4.01'. 19'12YI 7 CA_ — SE91+4'44'E 1IM19' Adjust MU-N to be consistent w/ FLUM and 01 . provide transitional density to surroundings(-6 units) 1 ° i ; 3 ; Use single story family lots for compatibility 1 7 6 r s F; e2 I] ,. , r_- 7 � -- (address elevation & lot size differences) (-7 units) I 3EUr N91 P3— OC , IN auNE c - PR17Pp5 PHOPU$EL7' ZOtiE R-1 Eliminate back fence density transitions (4 2 units) I� `` �°"E 44. Y - IG i y 10 41 55 Use MDR R-8 zoning and require 3,500 sf lots to be 4,000 sf (-7 units) ,a n in L Add north/south walking paths to park (-3 units) PROPOS_ =►s ;,-`� Ep-54 This 16% reduction in total units • Mitigates school overcrowding ;� , , ` y • Mitigates traffic and parking concerns G 7ONr n .4"N1 rNr • Increases jobs/housing ratio oP:I..>�E • Makes plan better aligned to Meridians Vision i - ._ ,.. N7 it A+ 0 on NY x .:mw:.ac•. - MU - N OUTSTANDING CONCERNS Lack of E. Amity Rd fronting commercial lots results in • Lowers passerby traffic • Less attractive space for restaurants/cafes I . _"' "' F "1d°°"""4'" ? " 40Missed opportunity to increase jobs/housing ratio Solution: Swap four plex for a commercial lot a_ a. I At Inadequate parking for accommodating :rrx orr t IMP a Workers and patrons of the businesses 7C*&C4. ; ,e0 Guests and visitors of four-plex residents I - • Guests and visitors of 40 townhome residents MCK - � Solution: Swap townhome lot #52 for a mailbox lot ;' - 3 with parking. r F-W1 Awkward traf c flow for - - ----��-- - —s Townhome residence wanting to exit Centerville from V, to private alley (Redding Lane) south of E. Hill Park St. '- 'i Solution: Move lane location Comp Plan 3.05.00 - Ensure that all planning, zoning and land use decisions balance the interests of the community We ask Council to demonstrate good stewardship of public trust by denying Centerville application for the following: MDR (Unaddressed Comp Plan Violations — Falls short of Meridian's Vision) Townhomes expand outside the FLUM's MU-N designated area (Comp Plan 3.03.03D) Inadequate transitional density to surrounding residential homes (Comp Plan 3.07.01 A) Transitional density across back fences instead of paths and streets (Comp Plan 3-13) Uses R-15 for majority of the MDR designated area instead of R-8 (Comp Plan 1-4) Inadequate walkability for residents living north/south of open area (Comp Plan 5.01 .01A) MU-N (Unaddressed Public Concerns) (Comp Plan 3.05.00*) Lack of E. Amity fronting commercial lot Inadequate parking for business workers/patrons and quadplex and townhome guests/visitors Awkward traffic flow for townhome residents south of Hill Park St who want to exit Centerville *Comp Plan 3.05.00 - Ensure that all planning, zoning and land use decisions balance the interests of the community Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Centerville Application Safety, Improvements that can be made by following the COMP plan more closely Livability & Aesthetic Concerns aesthetically displeasing, but also unsafe to vehicles. Townhome in Union Square. Gas meters are not only screening, transitional densities, and other best site design practices. uses through buffering, compatible with surrounding3.07.01A Require all new development to create a site design ● in design and construction.cohesive and complementary2.02.02F Ensure that new development within existing residential neighborhoods is● ample open space, and generous amenities that provide varied lifestyle choices.that have maintained neighborhoods-Plan for safe, attractive, and well5 Policy Direction 2.02.00:-Comp Plan 2● quality of life, health & happiness-Livability 15 single family homes-R end homes get patiosto hangout on. Only two Residents want a patio Desire for privacy and construction.in design complementary2.02.02F Ensure that new development within existing residential neighborhoods is cohesive and ● Town Homes, R15 single family homes needs patios/porches for the wellness of residents● We want Centerville’s single family homes to have CBH homes WITH covered patios8 single family homes-R X 2.02.02F Covered Patios will complement the surrounding neighborhoods, covered patios Temporary fencing for dog? have fencing.home that still doesn’t This is a 7 year old belongings and trash cans. Exposes personal Victory. No side fencing. Single family homes on Fencing Concerns should be consistent.requirement? All fencing What’s the HOA PROS: like the stone accents, varying roof lines, rear landscape.townhomes in Centerville that are packed in.*But to empathize I’m still not in favor of the high density of all the athetics don’t extend to the read of the homes- Centerville9 spots to 9 homes-Union Squarespots to 9 homesi.e. 7 parking - Summary of the project.Please Deny Centerville. It needs more time to improve density, safety, aesthetics and overalls quality Porches and covered patios○ Varied Roofline and stone on front○ Aesthetic● residentsFences and Yards require with build, patios desired for ○ ● Gas meters, parallel parking○ Safety● Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: First Reading of Ordinance No. 21-1954: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Page 217 Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: November 16, 2021 Presenter: Cameron Arial Estimated Time: 10 minutes Topic: First Reading of Ordinance No. 21- : An Ordinance of the City Council of the City of Meridian, Idaho,Approving the (Option A)1 Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Recommended Council Action There is no Council action required for this first reading of the ordinance to approve the Urban Renewal Plan for the Northern Gateway District Urban Renewal Project. Background On July 13, 2021,the Second Amendment to the Meridian Revitalization Plan deannexed 133 parcels from the original downtown Meridian Revitalization District which will sunset in 2026. The proposed Northern Gateway District (the "District") includes those deannexed parcels, in addition to 17 parcels not previously included in an urban renewal district. The following required City and Meridian Development Corporation (MDC) actions and approvals have preceded this proposed ordinance approving the Urban Renewal Plan for the Northern Gateway District (the "Plan"): MDC Approval and Transmittal of Eligibility Report June 9, 2021 City Council Approval of Eligibility Report July 6, 2021 MDC Approval &Transmittal of Northern Gateway District Urban Renewal Plan September 22, 2021 Planning and Zoning Commission Confirmation of Conformance of October 7, 2021 Northern Gateway Urban Renewal Plan with City Comprehensive Plan The establishment of the 126.23-acre Northern Gateway District will encourage new investment and continued redevelopment of private properties, generating tax increment to fund capital improvements and continued public-private partnerships to support new development. 1 Option A includes a 17.64-acre parcel known as the McFadden parcel at the northwest corner of Cherry Lane and Meridian Road, owned by Kobe LLC, which was officially annexed into the City on October 31,2021. Option B excluded the parcel and was withdrawn by MDC following execution of a DevelopmentAgreement b the property owner and approval of annexation and Development Agreement by the City Council. Page 218 • s .ice : � � "` ���t - ■ - • 74 ol 4A T. {' �5 yR V ! k g y �- r w. :• I� e���;�� 1�y�f '.� 'i rYr� � ^�p�� �M1[ � �1�N.� r !�Y'�- r ..,� A l5 R Item#14. Current market rents often cannot support rising development costs or produce the returns necessary to justify private equity investment or to secure traditional bank financing for the redevelopment of many small parcels throughout the District. The assemblage of parcels can spread soft developments costs over a larger area and, when coupled with MDC's ability to reimburse qualifying public infrastructure improvements associated with new construction, can spur development interest. Based on projected new private investment of$310,000,000, it is estimated that redevelopment and other Plan activities will generate tax increment revenue of$35,085,665 over the 20-year life of the Plan (Attachment 5.2). MDC will retain its "pay-as-go" philosophy, carefully considering funding assistance for qualifying development costs and activities on a reimbursement basis,with a nexus to increased tax increment resulting from new private investment. Future Actions This is the first of three required ordinance readings. The second reading and official public hearing are scheduled for November 23, 2021. The third reading and adoption of the Northern Gateway Urban Renewal Plan are scheduled for December 7, 2021. 3 Page 220 Item#14. CITY OF MERIDIAN ORDINANCE NO. 21-1954 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN PERREAULT, STRADER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE (OPTION A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Council and Mayor of Meridian respectively on or about July 24, 2001, adopted and approved a resolution creating the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC" or the "Agency"), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act") upon making the findings of necessity required for creating said Agency; WHEREAS, on October 8, 2002, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), after notice duly published conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District(the "Downtown District Plan"); WHEREAS, following said public hearing, the City Council on December 3, 2002, adopted Ordinance No. 02-987 approving the Downtown District Plan, making certain findings and establishing the Downtown District revenue allocation area (the "Downtown District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Ten Mile Road -An Urban Renewal Project (the "Ten Mile Plan"). The public hearing was continued to June 21, 2016, for further testimony; WHEREAS, following said public hearings, the City Council adopted its Ordinance No. 16-1695 on June 21, 2016, approving the Ten Mile Plan, making certain findings and establishing the Ten Mile revenue allocation area(the "Ten Mile Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "First Amendment to the Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20- 1881 on June 9, 2020, approving the First Amendment to the Downtown District Plan deannexing certain parcels from the Downtown District Project Area and making certain findings; Page 221 Item#14. WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Union District Urban Renewal Project(the "Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20- 1882 on June 9, 2020, approving the Union District Plan, making certain findings, and establishing the Union District revenue allocation area, which included the parcels deannexed pursuant to the First Amendment to the Downtown District Plan(the "Union District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "Second Amendment to the Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 21- 1933 on July 13, 2021, approving the Second Amendment to the Downtown District Plan deannexing certain parcels from the Downtown District Project Area and making certain findings (collectively, the Downtown District Plan, and amendments thereto, are referred to as the "Existing Downtown District Plan," and the Downtown District Project Area, and amendments thereto, are referred to as the "Existing Downtown District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan are collectively referred to as the "Existing Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, there is an additional urban renewal plan and an urban renewal plan amendment and their respective revenue allocation project areas that may or will be considered by the City Council prior to December 31, 2021, specifically, the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project and the Urban Renewal Plan for the Linder District Urban Renewal Project, collectively referred to as the "Proposed Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the "Proposed Project Areas;" WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, an urban renewal plan shall (a) conform to the general plan for the municipality as a whole, except as provided in§ 50-2008(g), Idaho Code; and (b) 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, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must Page 222 Item#14. make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain public entities, certain interested parties and property owners, MDC commenced certain discussions concerning examination of an area, most of which was located within the City, and a portion of which was located within the City's area of impact within unincorporated Ada County and subject to a pending voluntary annexation into the City, to determine whether the area may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal proj ect; WHEREAS, in 2021, MDC authorized Kushlan I Associates to commence an eligibility study and preparation of an eligibility report for an area 126.226 acres in size, approximately 77 acres of which was deannexed from the boundaries of the Downtown District Project Area. The area is generally located in the central part of the City, northeast of the City's downtown core, and east of Meridian Road and south of Fairview Avenue extending to Pine Avenue between NE 2nd Street and E. 3rd Street, and which area also included a commercial area east of Meridian Road fronting Fairview Avenue on the north and a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane. The eligibility study area is commonly referred to as the Northern Gateway District Study Area(the "Study Area"); WHEREAS, MDC obtained an eligibility report entitled Northern Gateway Urban Renewal District (Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study Area, which area also included real property located within unincorporated Ada County for the purpose of determining whether such area was a deteriorating area, a deteriorated area, or a combination of both a deteriorating area and a deteriorated area, as those terms are defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions necessary to be present in such an area are found in the Study Area, i.e., a. the presence of a substantial number of deteriorated or deteriorating structures; and deterioration of site; b. age or obsolescence; C. the predominance of defective or inadequate street layout; d. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; e. insanitary or unsafe conditions; and f. diversity of ownership; WHEREAS, the Study Area contains open land; WHEREAS, under the Act a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. See, Idaho Code § 50-2903(8)(c); Page 223 Item#14. WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open land or open areas, including open land areas to be acquired by MDC, which are the same or similar to the conditions set forth in the definitions of "deteriorating area" and"deteriorated area;" WHEREAS, the Study Area is not "predominantly" open; however, the Report addresses the necessary findings concerning including open land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(d); WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the MDC Board, on June 9, 2021, adopted Resolution No. 21-026, accepting the Report and authorized the Chair, Vice-Chair, or Administrator of MDC to transmit the Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct MDC to prepare an urban renewal plan for the Study Area, which plan may include a revenue allocation provision as allowed by the Act; WHEREAS, the City Council on July 6, 2021, adopted Resolution No. 21-2273, declared the Study Area described in the Report to be a deteriorated area or a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, and directed MDC to commence preparation of an urban renewal plan for the area designated; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS,the portion of the Study Area lying outside the City limits and within unincorporated Ada County was a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane, and commonly referred to as 104 W. Cherry Lane, Meridian, Idaho, which parcel is owned by Kobe LLC and commonly referred to as the McFadden Property (the "McFadden Property"). At the time the City Council directed MDC to prepare an urban renewal plan for the Study Area, the McFadden Property was pending a voluntary annexation into the City; WHEREAS, in order to implement the provisions of the Act and the Law either MDC may prepare a plan, or any person,public or private, may submit such plan to MDC; WHEREAS, MDC and its consultants have under the planning process during 2021 for the area previously designated as eligible for urban renewal planning; WHEREAS, MDC has embarked on an urban renewal project referred to as the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Northern Gateway District Plan"), as set forth in Exhibit 3 attached hereto, and the corresponding urban Page 224 Item#14. renewal/revenue allocation area referred to as the Northern Gateway District Project Area ("Northern Gateway District Project Area" or "Revenue Allocation Area"), to redevelop a portion of the City,pursuant to the Law and the Act, as amended; WHEREAS, the Northern Gateway District proposes to create an urban renewal area commonly known as the Northern Gateway District Project Area, which area is shown on the "Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area" and described in the "Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area," which are attached to the Northern Gateway District Plan as Attachments 1 and 2 respectively; WHEREAS, the Act authorizes MDC to adopt revenue allocation financing provisions as part of an urban renewal plan; WHEREAS, the Northern Gateway District Plan contains revenue allocation financing provisions as allowed by the Act; WHEREAS, MDC and the City Council reviewed and considered the proposed public improvements within the Northern Gateway District Project Area during a joint meeting on August 24, 2021; WHEREAS,the Agency Board considered all comment and information submitted to the Agency during several earlier Board meetings throughout 2021, and the Board meeting held on September 22, 2021; WHEREAS, on September 22, 2021, the Agency Board passed Resolution No. 21-036 proposing and recommending the approval of the Northern Gateway District Plan; WHEREAS, the Agency submitted the Northern Gateway District Plan to the Mayor and City Council; WHEREAS, the Mayor and City Clerk have taken the necessary action in good faith to process the Northern Gateway District Plan consistent with the requirements set forth in Idaho Code Sections 50-2906 and 50-2008; WHEREAS, pursuant to the Law, at a meeting held on October 7, 2021, the Meridian Planning and Zoning Commission considered the Northern Gateway District Plan and found by P & Z Resolution No 21-01 that the Northern Gateway District Plan is in all respects in conformity with the City of Meridian Comprehensive Plan, as may be amended (the "Comprehensive Plan") and forwarded its findings to the City Council, a copy of which is attached hereto as Exhibit 1; WHEREAS, the notice of public hearing of the Northern Gateway District Plan was caused to be published by the Meridian City Clerk in the Idaho Press on October 15 and 29, 2021, a copy of said notice is attached hereto as Exhibit 2; Page 225 Item#14. WHEREAS, as of October 15, 2021, the Northern Gateway District Plan was submitted to the affected taxing entities and separately to the Ada County Highway District("ACHD"), available to the public, and under consideration by the City Council; WHEREAS, on October 12, 2021, the City Council held a public hearing on the annexation of the McFadden Property; WHEREAS,the public hearing was continued to October 26, 2021; WHEREAS, following the public hearing the City Council adopted Ordinance No. 21-1952 on October 26, 2021, annexing the McFadden Property, and the Ordinance Summary was published in the Idaho Press, on October 31, 2021; WHEREAS, the City Council during its regular meeting of November 23, 2021, held such public hearing on the Northern Gateway District Plan as noticed; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the Northern Gateway District Plan contains the following information with specificity which was made available to the general public and all affected taxing districts prior to the public hearing on November 23, 2021, the regular meeting of the City Council, at least thirty (30) days but no more than sixty (60) days prior to the date set forth final reading of the Ordinance: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets; WHEREAS, the Northern Gateway District Plan authorizes certain projects to be financed by owner/developer participation agreements and proceeds from revenue allocation. Revenue allocation bonds or loans are permissible; WHEREAS, appropriate notice of the Northern Gateway District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and to the public as required by Idaho Code§§ 50-2008 and 50-2906; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the Northern Gateway District Plan and to adopt, as part of the Northern Gateway District Plan, Page 226 Item#14. revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Northern Gateway District Plan, in order to: encourage private development in the urban renewal area; prevent and arrest decay of the City due to the inability of existing financing methods to provide needed public improvements; encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Northern Gateway District Project Area in order to facilitate the long-term growth of their common tax base; encourage private investment within the City; and to further the public purposes of the Agency; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the revenue allocation area as shown and described in Attachments 1 and 2 of the Northern Gateway District Plan is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Northern Gateway District Plan; WHEREAS, under the Law and Act any such plan should provide for(1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in the Law, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, pursuant to Chapter 14, Title 40, Idaho Code, the Ada County Highway District ("ACHD") is granted certain authority and jurisdiction over public rights of way within the Northern Gateway District Project Area; Page 227 Item#14. WHEREAS, ACHD also has the opportunity to provide comments on the proposed Northern Gateway District Plan; WHEREAS, under the Law and Act, Idaho Code Sections 50-2903(8)(f) and 50-2018(8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in Section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Agency obtained written consent concerning certain property within the Northern Gateway District Project Area, which may have been deemed an agricultural operation, as stated above. A true and correct copy of the agricultural operation consent is included as Attachment 6 to the Northern Gateway District Plan; WHEREAS, the base assessment roll of the Northern Gateway District Project Area, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent (10%) of the current assessed values of all the taxable property in the City; WHEREAS, it is necessary, and in the best interests of the citizens of the City to adopt the Northern Gateway District Plan; WHEREAS, the City Council at its regular meeting held on November 23, 2021, considered the Northern Gateway District Plan as proposed and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: SECTION 1: It is hereby found and determined that: (a) The Northern Gateway District Project Area as defined in the Northern Gateway District Plan is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Northern Gateway District Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The Northern Gateway District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Northern Gateway District Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed-use components of the Plan and the need for overall public improvements), and shows consideration for the health, Page 228 Item#14. safety, and welfare of any children, residents, or businesses in the general vicinity of the urban renewal area covered by the Northern Gateway District Plan. (f) The Northern Gateway District Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Northern Gateway District Plan provides a feasible method for relocation obligations of any displaced families residing within the Northern Gateway District Project Area. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the Northern Gateway District Project Area, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905 with specificity. (j) The Northern Gateway District Plan is 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, zoning and planning changes (if any), land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operations for which the Agency has not received written consent. (1) The portion of the Northern Gateway District Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (m) The portion of the Northern Gateway District Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. Page 229 Item#14. (n) The McFadden Property was timely annexed into the City and may be included within the boundaries of the Northern Gateway District Project Area. SECTION 2: The City Council finds that the Northern Gateway District Project Area does include a portion of open land, that the Agency may acquire any open land within the Northern Gateway District Project Area, and that the Northern Gateway District Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. Provided, however, the City Council finds that for the portions of the Northern Gateway District Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that one of the Northern Gateway District Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the portion of the Northern Gateway District Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The Northern Gateway District Plan, a copy of which is attached hereto and marked as Exhibit 3_and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the Northern Gateway District Project Area overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv). SECTION 6: The City Council declares that nothing within the Northern Gateway District Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the Plan. SECTION 7: No direct or collateral action challenging the Northern Gateway District Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the Northern Gateway District Plan. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a Page 230 Item#14. copy of the legal description of the boundaries of the Revenue Allocation Area, and a map indicating the boundaries of the Northern Gateway District Project Area. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Northern Gateway District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Northern Gateway District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Northern Gateway District Plan. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Northern Gateway District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. Page 231 Item#14. APPROVED: ATTEST: Robert Simison, Mayor Chris Johnson, City Clerk Page 232 Item#14. Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the (Option A)Urban Renewal Plan for Northern Gateway District Urban Renewal Project with the City of Meridian's Comprehensive Plan Page 233 Item#14. [Z-21-04 CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO,VALIDATING CONFORMITY OF THE (OPTION A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the City of Meridian(the "City"), Idaho, also known as Meridian Development Corporation(hereinafter"MDC"), the duly constituted and authorized urban renewal agency of the City, has submitted the proposed(Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Northern Gateway District Plan")to the City; and WHEREAS, the Mayor and Meridian City Council referred the Northern Gateway District Plan to the City Planning and Zoning Commission for review and recommendations concerning the conformity of said Northern Gateway District Plan with the City's Comprehensive Plan, as amended(the "Comprehensive Plan"); and WHEREAS, on October 7, 2021, the City Planning and Zoning Commission met to consider whether the Northern Gateway District Plan conforms with the Comprehensive Plan as required by Idaho Code § 50-2008(b); and WHEREAS, the City Planning and Zoning Commission has reviewed said Northern Gateway District Plan in view of the Comprehensive Plan; and WHEREAS, the City Planning and Zoning Commission has determined that the Northern Gateway District Plan is in all respects in conformity with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO: Section 1. That the Northern Gateway District Plan, submitted by MDC and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the City's Comprehensive Plan. Section 2. That Exhibit A, the memorandum from Brian McClure, Comprehensive Associate Planner dated September 30, 2021, outlining the analysis supporting the determination that the Northern Gateway District Plan is in conformity with the City's Comprehensive Plan, is hereby adopted and incorporated as part of this Resolution. Section 3. That the City Clerk is hereby authorized and directed to provide the Mayor and Meridian City Council with a signed copy of this Resolution relating to said Northern Gateway District Plan. Page 234 Item#14. Z-21-04 Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 7th day of October 2021. APPROVED: ATTEST: Chair, Planning and Zoning Commission City Clerk, Chris Johnson 10-07-2021 4810-4341-8296,v. 1 Page 235 Item#14. Exhibit 2 Notice Published in the Idaho Press Page 236 AD# LEGAL NOTICE p.The provision of financial and other assistance to encourage greater density and a diverse mix of rental rates and housing NOTICE OF REGULAR MEETING AND PUBLIC HEAR- options; ING BYTHE CITY COUNCIL OFTHE CITY OF MERIDIAN, IDAHOTO CONSIDERTHE URBAN RENEWAL PLAN FOR q.The rehabilitation of structures and improvements by present THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL owners,their successors,and the Agency; PROJECT(OPTION A)OFTHE URBAN RENEWAL AGENCY OF MERIDIAN,IDAHO,ALSO KNOWN AS r.The preparation and assembly of adequate sites for the de- MERIDIAN DEVELOPMENT CORPORATION velopment and construction of facilities for mixed-use residential (including affordable and/or workforce housing when and if de- termined to be a public benefit),commercial,office,retail areas, NOTICE IS HEREBY GIVEN that on Tuesday,November 23, medical facilities,and educational facilities; 2021,at 6:00 p.m.in City Council Chambers,Meridian City Hall, 33 E.Broadway Avenue,Meridian,Idaho,83642,and/or in virtual s.The environmental assessment and remediation of brown- meeting as may be noticed on the City's website(www.meridi- field sites,or sites where environmental conditions detrimental to ancityorg),the City Council of the City of Meridian,Idaho("City") redevelopment exist; will hold,during its regular meeting,a public hearing to consider for adoption the proposed Urban Renewal Plan for the Northern I.In collaboration with property owners and other stakeholders, Gateway District Urban Renewal Project(Option A)(the"Plan"), working with the City to amend zoning regulations(if necessary) of the Urban Renewal Agency of Meridian,Idaho,also known and standards and guidelines for the design of streetscape,pla- as Meridian Development Corporation('Agency").The urban zas multi-use pathways,parks,and open space and other like renewal and revenue allocation area boundary is coterminous public spaces applicable to the Project Area as needed to sup- and is hereinafter described.The Plan proposes that the Agen- port implementation of this Plan; cy undertake urban renewal projects,including identifying public facilities for funding,pursuant to the Idaho Urban Renewal Law u.In conjunction with the City,the establishment and imple- of 1965,chapter 20,title 50,Idaho Code,as amended.The Plan mentation of performance criteria to assure high site design being considered for adoption contains a revenue allocation fi- standards and environmental quality and other design elements nancing provision pursuant to the Local Economic Development which provide unity and integrity to the entire Project Area,in- Act,chapter 29,title 50,Idaho Code,as amended,that will cause cluding commitment of funds for planning studies,achieving high property taxes resulting from any increase in equalized assessed standards of development,and leveraging such development to valuation in excess of the equalized assessed valuation as achieve public objectives and efficient use of scarce resources; shown on the base assessment roll as of January 1,2021,to be allocated to the Agency for urban renewal purposes.The Agency v.To the extent allowed by law,lend or invest federal funds to has adopted and recommended approval of the Plan.The City facilitate development and/or redevelopment; Council will be considering the second reading of an ordinance to adopt the Plan at the meeting scheduled for November 23, w.The provision for relocation assistance to displaced Project 2021,at 6:00 p.m.An additional reading will follow consistent Area occupants,as required by law,or within the discretion of the with the City's ordinance approval process. Agency Board for displaced businesses; The general scope and objectives of the Plan are: x.Agency and/or owner-developer construction,participation in the construction and/or management of public parking facilities a.The engineering, design, installation, construction,and/ and/or surface lots that support a desired level and form of devel- or reconstruction of streets and streetscapes,including but not opment to enhance the vitality of the Project Area; limited to improvements and upgrades to portions of Northeast 2nd Street,Northeast 2%Street,Northeast 3rd Street,Carlton y.Other related improvements to those set forth above as fur- Avenue,Washington Avenue,Main Street,Northeast 4th Street, ther set forth in Attachment 5. Badley Avenue,Gruber Avenue,State Avenue,Pine Avenue,Me- ridian Road frontage north of Fairview,Cherry Lane,and Fair- Any such land uses as described in the Plan will be in confor- view Avenue frontage and related pedestrian facilities,curb and mance with zoning for the City and the City's Comprehensive gutter,intersection and mil crossing improvements,and traffic Plan,as amended.Land made available will be developed by signals; private enterprises or public agencies as authorized by law.The Plan identifies various public and private improvements which b.The engineering, design, installation, construction, and/ may be made within the Project Area. or reconstruction of storm water management infrastructure to support compliance with federal,state,and local regulations for The Urban Renewal Project Area and Revenue Allocation Area storm water discharge and to support private development; herein referred to is described as follows: c.The provision for participation by property owners and de- An area consisting of approximately 126 acres,inclusive of velopers within the Project Area to achieve the objectives of this rights-of-way,and is generally east of Meridian Road and south Plan; of Fairview Avenue.A portion of the Project Area fronts the north side of Fairview Avenue east of Meridian Road.The Project Area d.The engineering,design,installation,construction and/or re- also includes a 1764-acre parcel located at the northwest corner construction of sidewalks and related pedestrian facilities,curb of Meridian Road and Cherry Lane,and as more particularly de- and gutter and streetscapes,including but not limited to improve- scribed in the Plan and depicted in the Map below: ments to portions of Northeast 2nd Street,Northeast 2 Ys Street, Northeast 3rd Street,Carlton Avenue,Washington Avenue,Main Street,Northeast 4th Street,Badley Avenue,Gruber Avenue, LEGEND State Avenue,Pine Avenue,Meridian Road frontage north of Fairview,Cherry Lane,and Fairview Avenue frontage; — uro raxawr Y s Via x ins e.The engineering,design,installation,construction,and/or re- '� rsn av� xesrcsrc rsw.m' construction of utilities including but not limited to improvements and upgrades to the water distribution system,including exten- sion of the water distribution system,water capacity improve- ments,water storage upgrades,sewer system improvements M + and upgrades,including extension of the sewer collection sys- tem,lift station,and improvements,and upgrades to power,gas, �s esrra '7rusrr , fiber optics,communications,and other such facilities; f.Removal,burying,or relocation of overhead utilities;removal - or relocation of underground utilities;extension of electrical dis- tribution lines and transformers;improvement of irrigation and drainage ditches and laterals;undergrounding or piping of later- als;addition of fiber optic lines or other communication systems; ki public parking facilities,and other public improvements,including n but not limited to fire protection systems,floodway and flood zone mitigation;and other public improvements that may be deemed appropriate by the Board; g.The engineering,design,installation,and/or construction 1810 sisrr Ate. of a public parking structure or structures and/or public surface parking lots and related public improvements; h.The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, 1„crvc suxanca+surum.�xc. upgrades,public parks and trails,pedestrian facilities,pathways (�y�J,j ensam�ucvouxaca swi:,.,�„ and trails,recreational access points and to encourage and °M..� m enhance housin affordability and housing diversity,enhance [.Xp m 9 Y 9 Y SHEET i Of 5 transit options and connectivity,decrease underutilized parcels, create development opportunities consistent with the Plan,in- cluding but not limited to future disposition to qualified develop- ers for qualified developments; Copies of the proposed Plan are on file for public inspection and copying at the office of the City Clerk,Meridian City Hall, i.The disposition of real property through a competitive pro- 33 E.Broadway Avenue,Meridian,Idaho 83642,between the cess in accordance with this Plan,Idaho law,including Idaho hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,ex- Code Section 50-2011,and any disposition policies adopted by clusive of holidays.Costs for copying are outlined in Idaho Code the Agency; Section 74-102.The proposed Plan can also be accessed online at https://bit.ly/NorthernGatewayA.For additional assistance in j The demolition or removal of certain buildings and/or improve- obtaining a copy of the Plan in the event of business office in- ments for public rights-of-way and streetscape improvements, terruptions,contact the office of the City Clerk at 208-888-4433. pedestrian facilities,utility undergrounding extension and up- grades,public facilities,and to encourage and enhance housing At the hearing date,time,and place noted above(November affordability and housing diversity,enhance mobility options and 23,2021,at 6:00 p.m.),all persons interested in the above mat- connectivity,decrease underutilized parcels and surface parking ters may appear and be heard.Because social distancing orders lots,eliminate unhealthful,unsanitary,or unsafe conditions,elim- may be in effect at the time of the hearing,written testimony is inate obsolete or other uses detrimental to the public welfare or encouraged.Written testimony must be submitted at least five otherwise to remove or to prevent the spread of deteriorating or working days prior to the hearing.Oral testimony may be limit- deteriorated conditions; ed to three minutes per person.Information on assessing the meeting remotely will be posted on the published agendas,no k.The management of any property acquired by and under the later than 48 hours prior to the meeting at https:Hmeridiancity. ownership and control of the Agency; org/agendas.Additional information regarding providing testimo- ny in compliance with any social distancing orders in effect may I.The development or redevelopment of land by private enter- be obtained by calling 208-888-4433 or by email at cityclerk@ prise or public agencies for uses in accordance with this Plan; meridiancityorg. in The construction and financial support of infrastructure Meridian City Hall is accessible to persons with disabilities.All necessary for the provision of improved transit and alternative information presented in the hearing shall also be available upon transportation; advance request in a form usable by persons with hearing or vi- sual impairments.Individuals with other disabilities may receive n.The engineering,design,installation,construction,and/or assistance by contacting the City twenty-four(24)hours prior to reconstruction of below ground infrastructure to support the con- the hearing. struction of certain municipal buildings pursuant to Idaho Code Section 50-2905A; DATED:October 8,2021. o.The provision of financial and other assistance to encourage Chris Johnson,City Clerk and attract business enterprise,including but not limited to start- ups and microbusinesses,mid-sized companies,and large-scale October 15,29,2021 156888 corporations; Page 237 Item#14. Exhibit 3 (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Page 238 Item#14. (Option A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. Adopted Effective Page 239 Item#14. TABLE OF CONTENTS Page 100 INTRODUCTION.............................................................................................................. 1 101 General Procedures of the Agency ......................................................................... 4 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906............................................................ 5 103 History and Current Conditions of the Area........................................................... 6 104 Purpose of Activities............................................................................................... 7 105 Open Land Criteria ................................................................................................. 9 200 DESCRIPTION OF PROJECT AREA............................................................................. 10 300 PROPOSED REDEVELOPMENT ACTIONS................................................................ 10 301 General.................................................................................................................. 10 302 Urban Renewal Plan Objectives ........................................................................... 13 303 Participation Opportunities and Agreements........................................................ 14 303.1 Participation Agreements.......................................................................... 14 304 Cooperation with Public Bodies........................................................................... 16 305 Property Acquisition............................................................................................. 17 305.1 Real Property ............................................................................................ 17 305.2 Personal Property...................................................................................... 19 306 Property Management.......................................................................................... 19 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project..................................................................... 19 308 Demolition, Clearance and Site Preparation......................................................... 20 309 Property Disposition and Development................................................................ 20 309.1 Disposition by the Agency........................................................................ 20 309.2 Disposition and Development Agreements .............................................. 20 309.3 Development by the Agency..................................................................... 22 310 Development Plans ............................................................................................... 23 311 Personal Property Disposition.............................................................................. 23 312 [Reserved]............................................................................................................ 23 313 Participation with Others ...................................................................................... 23 314 Conforming Owners.............................................................................................. 24 315 Arts and Cultural Funding .................................................................................... 24 400 USES PERMITTED IN THE PROJECT AREA.............................................................. 24 401 Designated Land Uses........................................................................................... 24 402 [Reserved]............................................................................................................. 24 403 Public Rights-of-Way........................................................................................... 24 i Page 240 Item#14. 404 Other Public, Semi-Public, Institutional, and Nonprofit Uses.............................. 25 405 Interim Uses.......................................................................................................... 26 406 Development in the Project Area Subject to the Plan........................................... 26 407 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards................................................. 26 408 Minor Variations................................................................................................... 26 409 Nonconforming Uses............................................................................................ 27 410 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement.................................................... 28 500 METHODS OF FINANCING THE PROJECT ............................................................... 28 501 General Description of the Proposed Financing Method...................................... 28 502 Revenue Allocation Financing Provisions............................................................ 29 502.1 Economic Feasibility Study...................................................................... 31 502.2 Assumptions and Conditions/Economic Feasibility Statement................ 31 502.3 Ten Percent Limitation ............................................................................. 32 502.4 Financial Limitation.................................................................................. 33 502.5 [Reserved]................................................................................................ 35 502.6 Participation with Local Improvement Districts and/or Business Improvement Districts .............................................................................. 35 502.7 Issuance of Debt and Debt Limitation...................................................... 35 502.8 Impact on Other Taxing Districts and Levy Rate..................................... 35 503 Phasing and Other Fund Sources.......................................................................... 38 504 Lease Revenue, Parking Revenue, and Bonds...................................................... 38 505 Membership Dues and Support of Community Economic Development ............ 39 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES...................................... 39 601 Maintenance of Public Improvements..................................................................40 700 ENFORCEMENT.............................................................................................................40 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW.................... 40 900 PROCEDURE FOR AMENDMENT OR MODIFICATION.......................................... 42 1000 SEVERABILITY.............................................................................................................. 42 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS.......................... 42 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES............................................. 43 ii Page 241 Item#14. Attachments Attachment 1 Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study Attachment 6 Agricultural Operation Consent Page 242 Item#14. 100 INTRODUCTION This is the Urban Renewal Plan (the "Plan") for the Northern Gateway District Urban Renewal Project(the "Project") in the city of Meridian(the "City"), county of Ada, state of Idaho. Attachments 1 through 6 attached hereto (collectively, the "Plan Attachments") are incorporated herein and shall be considered a part of this Plan. The term"Project" is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code Sections 50-2018(10) and 50-2903(13) for the various activities contemplated by the term"Project." Such activities include both private and public development of property within the urban renewal area. The Northern Gateway District Project Area is also referred to as the "Project Area" or the "Revenue Allocation Area." This Plan was prepared by the Board of Commissioners (the "Agency Board") of the Meridian Urban Renewal Agency, also known as Meridian Development Corporation(the "Agency" or"MDC"), its consultants, and staff, and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended(the "Act"), and all applicable local laws and ordinances. Idaho Code Section 50-2905 identifies what information the Plan must include with specificity as follows: (1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) A statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) An economic feasibility study; (4) A detailed list of estimated project costs; (5) A fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; (6) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) A termination date for the plan and the revenue allocation area as provided for in Section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar 1 Page 243 Item#14. year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) A description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets. This Plan includes the above information with specificity. The proposed development and redevelopment of the Project Area as described in this Plan conforms to the City of Meridian Comprehensive Plan (the "Comprehensive Plan"), adopted by the Meridian City Council (the "City Council") on December 17, 2019,by Resolution No. 19-2179. The Agency intends to rely heavily on any applicable City zoning and design standards. This Plan also conforms to the goals set forth in Destination: Downtown, which is a vision plan for the long-term future of the downtown area of the City, which seeks to establish downtown as a premier destination and home to local business. This Plan is subject to the Plan modification limitations and reporting requirements set forth in Idaho Code Section 50-2903A. Subject to limited exceptions as set forth in Idaho Code Section 50-2903A, if this Plan is modified by City Council ordinance, then the base value for the year immediately following the year in which modification occurs shall include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream. A modification shall not be deemed to occur when "[t]here is a plan amendment to make technical or ministerial changes to a plan that does not involve an increase in the use of revenues allocated to the agency." Idaho Code § 50-2903A(1)(a)(i). Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and project timing, including prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not modifications under Idaho Code Section 50-2903A. This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the development, redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project Area. The Agency retains all powers allowed by the Law and Act. This Plan presents a process and a basic framework within which plan implementation, including contracts, agreements and ancillary documents will be presented and by which tools are provided to the Agency to fashion, develop, and proceed with plan implementation. The Plan has balanced the need for flexibility over the twenty (20)-year timeframe of the Plan to implement the improvements identified in Attachment 5, with the need for specificity as required by Idaho Code Section 50-2905. The Plan narrative addresses the required elements of a plan set forth in Idaho Code Section 50-2905(1), (2), (5), (7) and(8). Attachment 5, together with the Plan narrative, meet the specificity requirement for the 2 Page 244 Item#14. required plan elements set forth in Idaho Code Section 50-2905(2)-(6), recognizing that actual Agency expenditures are prioritized each fiscal year during the required annual budgeting process. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful development and redevelopment of the Project Area. Typically, the public will fund enhanced public improvements like utilities, streets, and sidewalks which, in turn, create an attractive setting for adjacent private investment for a mix of uses including residential, (including but not limited to increased density, and mixed income projects such as affordable and/or workforce housing), light industrial, commercial facilities, including office and retail, recreational, or other community facilities. The purpose of the Law and Act will be attained through the implementation of the Plan. The priorities of this Plan are: a. The installation and construction of public improvements, including new local, collector and arterial streets; improvements to existing roadways and intersections, including the installation of traffic signals; installation of curbs, gutters and streetscapes, which for purposes of this Plan, the term"streetscapes" includes sidewalks, lighting, landscaping, benches, bike racks, public art, signage, way-finding, and similar amenities between the curb and right-of-way line, and other public improvements; installation and/or improvements to fiber optic facilities; improvements to public utilities including water and sewer improvements, and fire protection systems; removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; installation and construction of pathways; and improvement of storm drainage facilities; b. The planning, design, construction and reconstruction of local roads and pathways to support access management, connectivity, and pedestrian mobility; C. The replanning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; d. The strengthening of the economic base of the Project Area and the community by the installation of needed public improvements to stimulate new private development providing greater housing density and diversity of housing stock, increased employment opportunities and economic growth; e. The provision of adequate land for open space, street rights-of-way and pedestrian rights-of-way, including pathways along Meridian Road, East Fairview Avenue/West Cherry Lane, future 3rd Street, and Washington Avenue; 3 Page 245 Item#14. f. The reconstruction and improvement of street corridors to allow traffic flows to move through the Project Area, along with the accompanying utility connections; g. The provision of public service utilities, which are necessary to the development of the Project Area, such as water system improvements, sewer system improvements, and improvements to the storm drainage facilities; h. 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; i. The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; j. The acquisition of real property to support development and/or redevelopment initiatives consistent with the Law and Act; and k. The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is a public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law; the Public Records Act; the Ethics in Government Act of 2015, Chapters 1, 2 and 4 of Title 74, Idaho Code; reporting requirements pursuant to Idaho Code Sections 67-45013, 67-10761, 50- 2903A and 50-2913; and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code, as well as other procurement or other public improvement delivery methods. Subject to limited exceptions, the Agency shall conduct all meetings in open session and allow meaningful public input as mandated by the issue considered or by any statutory or regulatory provision. The Agency may adopt separate policy statements. Any modification to any policy statement is a technical or ministerial adjustment and is not a modification to this Plan under Idaho Code Section 50-2903A. 1 Pursuant to House Bill 73,passed during the 2021 Legislative Session,significantly effective as of January 1, 2021,with the remaining sections in full force and effect on and after January 1,2022,Idaho Code Section 67-450E is superseded by Idaho Code Section 67-1076. 4 Page 246 Item#14. 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906 Idaho law requires that the City Council,by resolution, must determine a geographic area be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A consultant was retained to study a proposed project area(the "Study Area") and prepare an eligibility report. The Northern Gateway Urban Renewal District (Proposed) Eligibility Report (the "Report")was submitted to the Agency. The Agency accepted the Report by Agency Resolution No. 21-026 on June 9, 2021, and thereafter submitted the Report to the City Council for its consideration. The Study Area was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 21-2273 on July 6, 2021. With the adoption of Resolution No. 21-2273, the City Council declared the Study Area described in the Report to be a deteriorated area and/or a deteriorating area as defined by the Law and Act, and further directed the Agency to commence preparation of an urban renewal plan. Under the Law and Act, Idaho Code Sections 50-2903(8)(f) and 50-2018(8) and(9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in Section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years. In accordance with the Law and Act, the necessary agricultural operation consent was obtained from the owner of the agricultural operation within the Project Area for property that has been used as an agricultural operation within the last three (3) years. A copy of the agricultural operation consent is attached hereto as Attachment 6. An underdeveloped seventeen (17) acre parcel located in the northwest corner of the Project Area and generally bounded by Meridian Road on the east and Cherry Lane on the south was originally located within unincorporated Ada County. The parcel was annexed into the City prior to City Council consideration of this Plan. The Plan was prepared and submitted to the Agency for its review and approval. The Agency approved the Plan by the adoption of Agency Resolution No. 21-036, on September 22, 2021, and submitted the Plan to the City Council with its recommendation for adoption. In accordance with the Law, this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission reported to the City Council that this Plan is in conformity with the City's Comprehensive Plan. 2 Following adoption of Agency Resolution No.21-026,technical minor edits were made to the Report. 5 Page 247 Item#14. Pursuant to the Law and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was duly published in the Idaho Press, a newspaper having general circulation in the City. The City Council adopted this Plan on by Ordinance No. 103 History and Current Conditions of the Area As more specifically described in the Report, this Project Area is generally located in central Meridian, northeast of the City's downtown core. The Project Area contains approximately 126 acres, inclusive of rights-of-way, and is generally east of Meridian Road and south of Fairview Avenue. A portion of the Project Area fronts the north side of Fairview Avenue east of Meridian Road. The Project Area also includes a 17.64-acre parcel located at the northwest corner of Meridian Road and Cherry Lane. The Project Area includes mixed zoning for primarily commercial and residential uses. Current uses may not be wholly consistent with zoning and/or the City's vision set forth in the Comprehensive Plan and/or Destination: Downtown, wherein the vision for this area contemplates four(4)main goals promoting livability, mobility,prosperity, and sustainability. The use of the urban renewal tool to support these goals is critical to the success of the vision. Current conditions reflect aged residences converted to commercial uses over time with nineteen (19) vacant parcels. More than half of the Project Area is devoted to commercial uses and/or vacant parcels zoned for commercial use, with residential uses being the next most significant land use category. The Project Area's largest single parcel is the 17.64-acre underdeveloped parcel located in the northwest corner of Meridian Road and Cherry Lane. In its totality the Project Area is reflective of the shifting urban geography of the City. The Report cites a number of deteriorating conditions existing within the Project Area, including a substantial number of deteriorating or deteriorated structures, deterioration of site, age or obsolescence, the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, obsolete platting, insanitary and unsafe conditions, and diversity of ownership. Together with deteriorating infrastructure, diversity of ownership represents a significant impediment to development: 105.63 parcel acres in the Project Area are owned by one hundred and fifty (150) entities,which can create issues with necessary property assemblage to support economic development and/or housing opportunities. The foregoing conditions have arrested or impaired growth in the Project Area. The Plan proposes installation and improvements to rights-of-way (arterials, collectors, and local roads),pathways, sidewalks, curbs, gutters, and other streetscape improvements; transit infrastructure; public parking facilities; public infrastructure, including improvements to sewer and water infrastructure, power and fiber installation and/or upgrades; property acquisition to support economic development and housing opportunities and other publicly owned assets throughout the Project Area, as more specifically set forth in Attachment 5, creating the opportunity to revitalize the Project Area and to support transportation infrastructure, as well as mixed-use residential and commercial development consistent with the City's Comprehensive Plan and Destination: Downtown. Other identified improvements include fagade improvements; historic lighting; wayfinding/signage; installation and/or improvements to public plazas,parks, 6 Page 248 Item#14. and open space; environmental remediation; and related planning studies to best implement the proposed public infrastructure improvements. The 17-acre undeveloped parcel, together with the other approximately 19 vacant parcels are underdeveloped and are not being used to their highest and best use. A goal of this Plan is to support development opportunities of this site that will ultimately contribute significantly to the tax base. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the City additional resources to solve the transit,public infrastructure, and development impediment issues in this area. Revenue allocation financing should help to improve the situation. In effect,property taxes generated by new developments within the Project Area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, some of the new developments may also generate new jobs in the community that would, in turn, benefit area residents long-term. Additionally, the proposed infrastructure improvements could support a variety of housing opportunities with diverse rental and income ranges, which supports and adds to the fabric of the Project Area. It is unlikely individual developers or public partners will take on the prohibitive costs of constructing the necessary infrastructure in the Project Area without the ability of revenue allocation to help offset at least some of these costs. But for urban renewal and revenue allocation financing, the proposed public improvements to support revitalization of the Project Area would not occur. 104 Purpose of Activities Attachment 5 includes the public improvements lists identifying with specificity the proposed public improvements and projects contemplated in the Project Area. The description of activities, public improvements, and the estimated costs of those items are intended to create an outside limit of the Agency's activity. Due to the inherent difficulty in projecting future levy rates, future taxable value, and the future costs of construction, the Agency reserves the right to: a. Change funding amounts from one Project to another. b. Re-prioritize the Projects described in this Plan and the Plan Attachments. C. Retain flexibility in funding the various activities in order to best meet the Plan and the needs of the Project Area. d. Retain flexibility in determining whether to use the Agency's funds or funds generated by other sources. e. Alter the location of proposed improvements set forth in Attachment 5 to support development when it occurs. The information included in Attachment 5 describes a realistic development scenario recognizing it is difficult to project with any 7 Page 249 Item#14. certainty where the improvements will be sited until any future projects submit plans to the City for design review and permitting. The Agency intends to discuss and negotiate with any owner or developer of the parcels within the Project Area seeking Agency assistance during the duration of the Plan and Project Area. During such negotiation, the Agency will determine the eligibility of the activities sought for Agency funding, the amount the Agency may fund by way of percentage or other criteria including the need for such assistance. The Agency will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. The Agency also reserves the right to establish,by way of policy, its funding percentage or participation, which would apply to all developers and owners and may prioritize certain projects or types of projects. Throughout this Plan, there are references to Agency activities, Agency funding, and the acquisition, development, and contribution of public improvements. Such references do not necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the Agency the discretion to participate as stated subject to achieving the objectives of this Plan and provided such activity is deemed eligible under the Law and the Act. The activities listed in Attachment 5 will be determined or prioritized as the overall Project Area develops and through the annual budget setting process. The activities listed in Attachment 5 are not prioritized but are anticipated to be completed as determined by available funds. As required by the Law and Act, the Agency will adopt more specific budgets annually. The projected timing of funding is primarily a function of the availability of market conditions and financial resources but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at given points in time within the planned 20-year period of the urban renewal district and revenue allocation area. The Study(Attachment 5)has described a list of public improvements and other related activities with an estimated cost in 2021 dollars of approximately $33,925,000. This amount does not take into account inflationary factors, such as increasing construction costs, which would increase that figure depending on when the owner, developer and/or Agency is able to develop, construct or initiate those activities. The Study has concluded the capacity of revenue allocation funds through the term of the Plan based on the assumed development projects and assessed value increases will likely generate an estimated $35,085,665. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts predicted in the event higher increases in assessed values occur during the term of the Plan for the improvements and activities identified. Additionally, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified. 8 Page 250 Item#14. 105 Open Land Criteria This Plan contemplates Agency acquisition of property within the Project Area, in part, to support economic development/demonstration projects and housing. The Project Area is not predominantly open, and it does not include any agricultural zoning districts; however, the Project Area includes parcels that are vacant and/or transitioning agricultural operations that could meet the undefined "open land"requiring the area meet the conditions set forth in Idaho Code Section 50-2008(d). These conditions include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or another in the definitions of deteriorated area or deteriorating area set forth in Idaho Code Sections 50-2018(8), (9) and 50-2903(8). The issues listed only in Idaho Code Section 50-2008(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and"the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area." Open land areas qualify for Agency acquisition and development for residential uses if the City Council determines there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City, that the need for housing will be increased as a result of the clearance of deteriorated areas, that the conditions of blight in the area and the shortage of decent, safe and sanitary housing contributes to an increase in the spread of disease and crime and constitutes and menace to the public health, safety, morals, or welfare, and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. Due to the City's expected growth, the need for housing, including affordable and/or workforce housing, is significant and integral to a successful mixed-use Project Area. Further, the existing zoning designations in the Project Area allow for mixed-density residential, and the future land use map shows areas of projected increased residential density, including surrounding potential commercial projects. Open land areas qualify for Agency acquisition and development for primarily nonresidential uses if acquisition is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives if any of the deteriorating area conditions set forth in Idaho Code Sections 50-2018(8), (9) and 50-2903(8) apply. But such areas also qualify if any of the issues listed only in Idaho Code Section 50-2008(d)(4)(2) apply. The substantial number of deteriorating structures, a predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, and economic disuse, are all conditions which delay or impair development of the open land areas and satisfy the open land conditions as more fully supported by the Report, which was prepared by Kushlan I Associates. This Plan does anticipate Agency acquisition of property within the Project Area; however,the acquisition of specific parcels is unknown at this time. Should the Agency determine the need to acquire property as further set forth in Attachment 3, then the open land areas qualify for Agency acquisition and development. 9 Page 251 Item#14. 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 1, and incorporated herein by reference, and are described in the Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 2, and incorporated herein by reference. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise stated. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General 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, to increase connectivity and transit options, 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 streets and streetscapes, including but not limited to improvements and upgrades to portions of Northeast 2nd Street,Northeast 2 1/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 4th Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, Meridian Road frontage north of Fairview, and Fairview Avenue frontage and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; b. 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; C. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; d. The engineering, design, installation, construction and/or reconstruction of sidewalks and related pedestrian facilities, curb and gutter and streetscapes, including but not limited to improvements to portions of Northeast 2nd Street, Northeast 2 1/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 41h Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, Meridian Road frontage north of Fairview, and Fairview Avenue frontage; e. The engineering, design, installation, construction, and/or reconstruction of utilities including but not limited to improvements and upgrades to the water 10 Page 252 Item#14. distribution system, including extension of the water distribution system, water capacity improvements, water storage upgrades, sewer system improvements and upgrades, including extension of the sewer collection system, lift station, and improvements, and upgrades to power, gas, fiber optics, communications, and other such facilities; f. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to fire protection systems, floodway and flood zone mitigation; and other public improvements that may be deemed appropriate by the Board; g. The engineering, design, installation, and/or construction of a public parking structure or structures and/or public surface parking lots and related public improvements; h. The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades,public parks and trails,pedestrian facilities, pathways and trails, recreational access points and to encourage and enhance housing affordability and housing diversity, enhance transit options and connectivity, decrease underutilized parcels, create development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers for qualified developments; i. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code Section 50-2011, and any disposition policies adopted by the Agency; j The demolition or removal of certain buildings and/or improvements for public rights-of-way and streetscape improvements,pedestrian facilities, utility undergrounding extension and upgrades, public facilities, and to encourage and enhance housing affordability and housing diversity, enhance mobility options and connectivity, decrease underutilized parcels and surface parking lots, 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; k. The management of any property acquired by and under the ownership and control of the Agency; 1. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; 11 Page 253 Item#14. M. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; n. The engineering, design, installation, construction, and/or reconstruction of below ground infrastructure to support the construction of certain municipal buildings pursuant to Idaho Code Section 50-2905A; o. 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; P. The provision of financial and other assistance to encourage greater density and a diverse mix of rental rates and housing options; q. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; r. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use residential (including affordable and/or workforce housing when and if determined to be a public benefit), commercial, office, retail areas, medical facilities, and educational facilities; S. The environmental assessment and remediation of brownfield sites, or sites where environmental conditions detrimental to redevelopment exist; t. 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 streetscape, 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; U. 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; V. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; W. The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; 12 Page 254 Item#14. X. Agency and/or owner-developer construction,participation in the construction and/or management of public parking facilities and/or surface lots that support a desired level and form of development to enhance the vitality of the Project Area; Y. Other related improvements to those set forth above as further set forth in Attachment 5. 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. 302 Urban Renewal Plan Objectives 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 Section 103, the Project Area has a history of stagnant growth and development compared to other areas of the City based on deteriorated or deteriorating conditions that have arrested or impaired growth in the Project Area primarily attributed to: a substantial number of deteriorating or deteriorated structures, widespread deterioration of site, underdeveloped properties; inadequate connectivity; lack of multi-use paths; the predominance of defective or inadequate street layout, faulty lot layout, , insanitary and unsafe conditions, and diversity of ownership. The Plan for the Project Area is a proposal to work in partnership with public and private entities to improve, develop, and grow the economy within the Project Area by the implementation of a strategy and program set forth in Section 301 and in Attachment 5. 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 Section 303.1 of this Plan. It is recognized that the Ada County Highway District has exclusive jurisdiction over all public street rights-of-way within the Project Area, except for state highways. Nothing in this Plan shall be construed to alter the powers of the Ada County Highway District pursuant to Title 40, Idaho Code. 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 13 Page 255 Item#14. Agency plays a key role in creating the necessary momentum to get and keep things going. b. Develop new mixed-use residential, retail, office and commercial areas including opportunities for community, cultural, educational, medical, and recreational facilities, as well as encourage economic development opportunities. C. Secure and improve certain public open space in critical areas. d. Initiate projects designed to increase affordable and workforce housing options and increased transportation and connectivity options. 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 Section 50-2905. Land use in the Project Area will be modified to the extent that underutilized, underdeveloped, deteriorated, deteriorating and vacant land and land now devoted to uses inconsistent with the future land uses of the area will be converted to mixed-use, retail residential (including affordable and/or workforce housing) and commercial areas, cultural centers, food halls, transit oriented development, educational facilities, other public facilities and improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediations/site preparation, public parking, community facilities, fagade improvements,parks,plazas and pedestrian/bike pathways. 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 Project Area covered by the Plan. 303 Participation Opportunities and Agreements 303.1 Participation Agreements The Agency may enter into various development participation agreements with any existing or future owner of property in the Project Area, in the event the property owner seeks and/or receives assistance from the Agency in the development and/or redevelopment of the property. The terms "owner participation agreement," "participation agreement," or "development agreement" are intended to include all participation agreements with a property owner, including reimbursement agreements, grant agreements or other forms of participation agreements. In that event, the Agency may allow for an existing or future owner of property to remove the property and/or structure from future Agency acquisition subject to entering into an owner participation agreement. The Agency may also enter into owner participation agreements 14 Page 256 Item#14. with other future owners and developers within the Project Area throughout the duration of the Plan in order to implement the infrastructure improvements set forth in this Plan. Each structure and building in the Project Area to be rehabilitated or 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 pursuant to the requirements of the Law and Act, and the Agency will so certify, if the rehabilitated or new structure meets the standards set forth in an executed owner participation agreement and complies with the applicable provisions of this Plan, local codes and ordinances and the Idaho Code. Additional conditions described below: • Any such property within the Project Area shall be required to conform to 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, Destination: Downtown and applicable zoning ordinances and other requirements deemed appropriate and necessary by the Agency. 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. • 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. • Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan, as well as all applicable codes and ordinances of the City. All owner participation agreements will address development timing,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, 2041. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under the owner participation agreement. In all owner 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 an owner participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant under an owner participation agreement fails or refuses to rehabilitate, develop,use, and maintain its real property pursuant to this Plan and an owner 15 Page 257 Item#14. participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: a. Encouraging property owners to revitalize and/or remediate deteriorated areas or deteriorating areas of their parcels to accelerate development in the Project Area. b. 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. C. To accommodate improvements and expansions allowed by City regulations and generally consistent with this Plan for the Project Area. d. 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. e. Provide for advance funding by the developer/owner participant of those certain public improvements related to or needed for the private development and related to the construction of certain public improvements. 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. Though no specific advance funding by a developer/owner participant is shown in the cash analysis attachments, this Plan specifically allows for such an advance. 304 Cooperation with Public Bodies 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. 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. 16 Page 258 Item#14. 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; provided, however, the Ada County Highway District has exclusive jurisdiction over Ada County Highway District streets. 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. The Agency intends to cooperate to the extent allowable with the City and the Ada County Highway District (or the Idaho Transportation Department), as the case may be, for the engineering, design, installation, construction, and/or reconstruction of public infrastructure improvements, including, but not limited to those improvements set forth in Section 301 and in Attachment 5. The Agency shall also cooperate with the City and the Ada County Highway District(or the Idaho Transportation Department) on various relocation, screening, or undergrounding projects and the providing of fiber optic capability. To the extent any public entity, including the City and/or the Ada County Highway District, has funded certain improvements, the Agency may reimburse those entities for those expenses. The Agency also intends to cooperate and seek available assistance from state, federal and other sources for economic development. 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 Section 303.1 of this Plan. This Plan does not financially bind or obligate the City, Agency and/or any other public entity 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 participation agreement and in the annual budget adopted by the Agency Board. 305 Property Acquisition 305.1 Real Property 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, 17 Page 259 Item#14. as amended, but shall not include the right to invoke eminent domain authority except as authorized by Idaho law and provided 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. 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. Acquisition of property may be for the assembly of properties for redevelopment to achieve Plan goals including public benefits such as affordable and/or workforce housing. 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 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 Agency 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 Section 7-701A. The Agency is authorized by this Plan to acquire the properties for the uses identified in Attachment 3 hereto, including but not limited to property to be acquired for the extension or expansion of certain rights-of-way. The Agency is authorized by this Plan and Idaho Code Sections 50-2010 and 50- 2018(12)to acquire the properties identified in Attachment 3 hereto 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 those identified in Section 301 of the Plan and/or Attachment 5 hereto. Further, the Agency intends to acquire real property to facilitate commercial and/or economic development projects and/or high-density residential development 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 (including affordable and/or workforce housing), commercial and retail areas. The public improvements are intended to be dedicated to the City and/or other appropriate public entity, as the case may be, upon completion. The Agency reserves the right to determine which properties identified, if any, should be acquired. The open land areas qualify for Agency acquisition as further set forth in Section 105 of this Plan. 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, or by the City with the Agency acting in an advisory capacity 3, 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. s House Bill 1044,adopted by the Idaho Legislature during the 2021 Legislative Session,limited the Agency's ability to exercise eminent domain. 18 Page 260 Item#14. 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 Section 50-2018(12). The Agency has generally described those properties by use as set out in Attachment 3 for acquisition for the construction of public improvements. The Agency may also acquire property for the purpose of developing streetscape and public utilities, as well as to pursue disposition to third parties pursuant to a competitive process as set forth in Section 309. The Agency reserves the right to determine which properties, if any, should be acquired. 305.2 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 as limited by Idaho Code Section 7-701A for the purpose of developing the public improvements described in Section 305.1. 306 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 development and/or redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. 307 Relocation of Persons (Including Individuals and Families),Business Concerns, and Others Displaced by the Project 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. The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation and the Ada County Highway District. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump-sum per case basis. The Agency may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt relocation guidelines which would define the extent of relocation assistance in non-federally assisted projects and which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance as may be warranted. 19 Page 261 Item#14. In the event the Agency's activities result in displacement of families, 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 and shall also coordinate with the various local, state, or federal agencies concerning relocation assistance. 308 Demolition, Clearance and Site Preparation 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. 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 and/or environmental remediation. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, parks,pedestrian walkways, public parking facilities, drainage facilities, and other public improvements necessary to carry out this Plan. 309 Property Disposition and Development 309.1 Disposition by the Agency 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 law, including Idaho Code Section 50-2011 and pursuant to any disposition policies adopted by the Agency. 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. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. 309.2 Disposition and Development Agreements 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. The Agency shall reserve such powers and controls in the disposition and development documents as the Agency deems may be necessary to prevent transfer, retention, or use of 20 Page 262 Item#14. property for speculative purposes and to ensure that development is carried out pursuant to this Plan. 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 Ada County, Idaho. 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 disposition and development 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. 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. That the developers, their successors, and assigns agree: a. That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency. b. 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. C. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. 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. e. All new construction shall have a minimum estimated life of no less than twenty (20)years. f. 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. 21 Page 263 Item#14. g. That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale. h. 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. i. All disposition and development documents shall be governed by the provisions of Section 410 of this Plan. j. All other requirements and obligations as may be set forth in any participation policy established and/or amended by the Agency. 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, 2041. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any disposition and development agreement. 309.3 Development by the Agency 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 Sections 50-2007, 50-2018(10) and(13), and 50-2903(9), (13), and(14), and as otherwise identified in Attachment 5, attached hereto, and incorporated herein by reference, and this Plan, and may acquire or pay for the land required, therefore. Any public facility ultimately owned by the Agency shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a private entity or management contract agreement shall include all necessary provisions sufficient to protect the public interest and public purpose. The Agency may enter into contracts, leases, and agreements with the City, the Ada County Highway District 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 Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code Section 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 22 Page 264 Item#14. 310 Development Plans All development plans (whether public or private)prepared pursuant to disposition and development agreements or participation agreements 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 Section 410. Additionally, development must be consistent with all City ordinances. 311 Personal Property Disposition For 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. 312 [Reserved] 313 Participation with Others 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 Community Development Block Grant Program("CDBG"), 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. 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 including the creation or redevelopment of affordable and/or workforce housing or transit improvements. 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. As allowed by law, the Agency may also use funds from any other sources or participate with the private or public sector with regard to any programs administered by the Idaho Department of Commerce, or other State or federal agencies, for any purpose set forth under the Law or Act. The Agency may enter into contracts, leases, and agreements with the City, ACHD, 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 Section 50-2909 which may be made payable out of the taxes levied in 23 Page 265 Item#14. the Project Area and allocated to the Agency under Idaho Code Section 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 314 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 an owner participation agreement with the Agency, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. 315 Arts and Cultural Funding The Agency may dedicate resources for the construction or purchase of facilities for the placement and maintenance of public art and arts projects may be selected and provided by the Agency, separately from any construction costs of developers. Though not required, the Agency Board generally makes selections of the works of art with assistance from the City and the Meridian Arts Commission and may include review and approval of the City Council. When 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 identified in this Plan. 400 USES PERMITTED IN THE PROJECT AREA 401 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City, as may be amended, and as depicted on Attachment 4 and as set forth in the City's Comprehensive Plan and within the Meridian zoning ordinance and requirements, including the future land use map and zoning classifications, as may be amended. For the most part, the Project Area includes a mix of uses including mixed-use residential (mixed density and income), commercial, retail and office development, as well as public open spaces, and public structured parking and/or surface lots. Such improvements are consistent with the current zoning designations. Provided, however, nothing herein within this Plan shall be deemed to be granting any particular right to zoning classification or use. 402 [Reserved] 403 Public Rights-of-Way The Project Area contains existing maintained public rights-of-way included within the boundaries, as set forth on Attachments 1. Any new roadways, including new collectors and/or local roads to be engineered, designed, installed, and constructed in the Project Area,will be constructed in conjunction with any applicable policies and design standards of the City or Ada 24 Page 266 Item#14. County Highway District (and State and Federal standards, as the case may be)regarding dedicated rights-of-way. Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development, and other potential roadways generally described in this Plan and in Attachment 5. Additional improvements to existing streets, alleys and easements may be created, improved, or extended in the Project Area as needed for development. Existing dirt roadways, streets, easements, and irrigation or drainage laterals or ditches may be abandoned, closed, or modified as necessary for proper development of the Project Area, in accordance with any applicable policies and standards of the Idaho Transportation Department, the City or Ada County Highway District regarding changes to dedicated rights-of-way, and appropriate irrigation or drainage districts regarding changes to laterals or ditches. Any development, maintenance and future changes in the existing interior or exterior street layout shall be in accordance with the objectives of this Plan and the standards of the City, the Ada County Highway District, or the Idaho Department of Transportation as may be applicable; 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 (including cars, trucks, bicycles, etc.), vehicular 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 agreements 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 developments, but to also serve areas outside the Project Area 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. 404 Other Public, Semi-Public,Institutional, and Nonprofit Uses The Agency is also authorized to permit the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses, including park and recreational facilities; educational, fraternal, and employee facilities; philanthropic and charitable institutions; utilities; governmental facilities; railroad rights-of-way and equipment; and facilities of other similar associations or organizations. All such uses shall, to the extent possible, conform to the 25 Page 267 Item#14. 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. 405 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. However, any interim use must comply with applicable City Code or Ada County Code. 406 Development in the Project Area Subject to the Plan All real property in the Project Area,under the provisions of either a disposition and development agreement or participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 407 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards All construction in the Project Area shall comply with all applicable state laws, the Meridian City Code, as may be amended from time to time, and any applicable City Council ordinances pending codification, including but not limited to, regulations concerning the type, size, density and height of buildings; open space, landscaping, light, air, and privacy; the undergrounding of utilities; limitation or prohibition of development that is incompatible with the surrounding area by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors; parcel subdivision; off-street loading and off-street parking requirements. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or participation agreement. 408 Minor Variations Under exceptional circumstances, the Agency is authorized to allow a variation from the limits, restrictions, and controls established by this Plan. In order to allow 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; 26 Page 268 Item#14. 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 standards, restrictions, and controls; C. Allowing a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and d. Allowing a variation will not be contrary to the objectives of this Plan. No variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of this Plan. In allowing any such variation, the Agency shall impose such conditions as are necessary to protect the public peace, health, safety, or welfare and to assure compliance with the purposes of the Plan. Any variation allowed by the Agency hereunder shall not supersede any other approval required under City codes and ordinances and shall not be considered a modification to the Plan. 409 Nonconforming Uses This Section applies to property owners seeking assistance from the Agency regarding their property. The Agency may permit an existing use to remain in an existing building and site usage 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 imposition of such reasonable restrictions as may be necessary to protect the development and use within 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 improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding Project uses and development. All nonconforming uses shall also comply with the City codes and ordinances. 27 Page 269 Item#14. 410 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement Within the limits, restrictions, and controls established in this Plan, the Agency is authorized to establish heights of buildings, density, 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. Any development must also comply with the City's zoning ordinance regarding heights, setbacks, density, and other like standards. In the case of property which is the subject of a disposition and development agreement or owner participation agreement with the Agency, no new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan. Under a disposition and development agreement or owner participation agreement, the design guidelines and land use elements of the Plan shall be achieved to the greatest extent feasible, though the Agency retains the authority to grant minor variations under this Plan and subject to a negotiated agreement between the Agency and the developer or property owner. Under those agreements, the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. In such agreements, the Agency may impose additional design controls. One of the objectives of this Plan is to create an attractive pedestrian environment in the Project Area. Therefore, such plans shall give consideration to good design and amenities to enhance the aesthetic quality of the Project Area. The Agency shall find that any approved plans do comply with this Plan. The Agency reserves the right to impose such design standards on an ad hoc basis through the approval process of the disposition and development agreement or owner participation agreement. Any change to such approved design must be consented to by the Agency and such consent may be conditioned upon reduction of Agency's financial participation towards the Project. In the event the Agency adopts design standards or controls, those provisions will thereafter apply to each site or portion thereof in the Project Area. These additional design standards or controls will be implemented through the provisions of any disposition and development agreement or owner participation agreement. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinances. 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Method The Agency is authorized to finance this Project with revenue allocation funds, financial assistance from the City(loans, grants, other financial assistance), the state of Idaho, the federal government or other public entities, interest income, developer advanced funds, donations, loans 28 Page 270 Item#14. from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency- owned property,public parking revenue, or any other available source,public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter-fund transfer from other urban renewal project areas. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also supply additional assistance through City loans and grants for various public improvements and facilities. The City, or any other public agency, as properly budgeted, may expend money to assist the Agency in carrying out this Project. As allowed by law and subject to restrictions as are imposed by law, the Agency is authorized to issue notes or 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. 502 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2021. These revenue allocation provisions shall apply to all taxing districts which are located in or overlap the Revenue Allocation Area shown and described on Attachments 1 and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. The Agency, acting by one or more resolutions adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred(pay-as-you-go) or to pledge all or any portion of such revenues to the repayment of any moneys advance-funded by developers or property owners,borrowed, indebtedness incurred, or notes or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code Section 50-2903(14)) of one or more urban renewal projects. The Agency may consider a note or line of credit issued by a bank or lending institution premised upon revenue allocation funds generated by a substantial private development contemplated by the Study, as defined in Section 502.1,which would allow the Agency to more quickly fund the public improvements contemplated by this Plan. Likewise, a developer/owner advanced funding of certain eligible public infrastructure improvements to be reimbursed pursuant to an owner participation agreement could achieve the same purpose. Upon enactment of a City Council ordinance 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 29 Page 271 Item#14. shall deposit allocated revenues as provided in Idaho Code Section 50-2908. The Agency shall use such funds solely in accordance with Idaho Code Section 50-2909 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. A statement listing proposed public improvements and facilities, a schedule of improvements, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code Section 50-2905 is included in this Plan and in Attachment 5 to this Plan. This statement necessarily incorporates estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Agency is hereby authorized to adjust the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs to effectuate the general objectives of the Plan in order to account for revenue inconsistencies, market adjustments, future priorities, developers/owners seeking Agency assistance pursuant to an owner participation agreement, and unknown future costs. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in the annual budget. The Agency may appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of notes or bonds. The Agency may also obtain advances or loans from the City or Agency, or private entity and financial institutions in order to immediately commence construction of certain of the public improvements. Developer advanced funding of public improvements could also achieve the same purpose. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise)by the Agency to finance or refinance the Project in whole or in part, including reimbursement to developers for the cost of eligible public improvements. Revenues will continue to be allocated to the Agency until termination of the revenue allocation area as set forth in Section 800. Attachment 5 incorporates estimates and projections based on the Agency's and its consultants' present knowledge and expectations concerning the length of time to complete the improvements and estimated future revenues. The activity may take longer depending on the significance and timeliness of development. Alternatively, the activity may be completed earlier if revenue allocation proceeds are greater, or the Agency obtains additional funds from another source. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise)by the Agency to finance or refinance the Project in whole or in part, including reimbursement to any owner/developer for the cost of eligible public improvements pursuant to an owner participation agreement. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. 30 Page 272 Item#14. The Agency reserves the right to either pay for Project Costs from available revenue (pay-as-you-go basis) or borrow funds by incurring debt through notes or other obligations. Revenue allocation proceeds are deemed to be only a part of the proposed funding sources for the payment of public improvements and other project improvements. Additionally, project funding is proposed to be phased for the improvements, allowing various sources of funds to be accumulated for use. 502.1 Economic Feasibility Study Attachment 5 constitutes the Economic Feasibility Study(the "Study"), prepared by Kushlan I Associates. The Study constitutes the financial analysis required by the Act and is based upon existing information from property owners, developers, the Agency, the City, and others. 502.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachment 5 assumes certain completed and projected actions. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness (and all other loans or indebtedness), developer reimbursement and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the proposed development take place as projected, the project indebtedness could be extinguished earlier, dependent upon the bond sale documents or other legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term. The Plan and the Plan Attachments incorporate estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Plan proposes certain public improvements as set forth in this Plan and in Attachment 5, which will facilitate mixed- use commercial, residential, office and retail development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency and its consultants through public sources or discussions with property owners, developers, the City, and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then-current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency reserves the right to fund the Project on a"pay-as-you-go"basis. The Agency Board will prioritize the activities set forth in this Plan and determine what funds are available and what activities can be funded. The Agency will establish those priorities through its mandated annual budgetary process. 31 Page 273 Item#14. The list of public improvements, or activities within Attachment 5 are prioritized by way of feasibility based on estimated revenues to be received, amounts funded, and by year of funding. The projected timing of funding is primarily a function of the availability of financial resources and market conditions but is also strategic, considering the timing of anticipated or projected private development partnership opportunities and the ability of certain strategic activities to stimulate development at a given point in time within the duration of the Plan and Project Area. The assumptions concerning revenue allocation proceeds are based upon certain anticipated or projected new developments, assessed value increases, and assumed tax levy rates as more specifically set forth in Attachment 5. Further, the financial analysis set forth in Attachment 5 has taken into account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50-2908. In projecting new construction, the Study considered parcels identified as expected to develop over the life of the Project Area, communications with potential developers and City staff, and historical market absorption rates for commercial, office, retail, and residential improvements. The types of new construction expected in the Project Area are mixed-use residential (including affordable and workforce housing), commercial, office and retail projects, and related public improvements, including streetscapes, installation and/or improvements to public open spaces and plazas. The Project Area has potential for a significant increase in mixed-use, high- density residential, commercial, office and retail growth due to the location of the Project Area. However, without a method to construct the identified public improvements such as main water and sewer lines, street infrastructure, and pedestrian amenities, development is unlikely to occur in much of the Project Area. It is understood that application of certain exemptions, including the homeowner's exemption and Idaho Code Section 63-602K, which provides for personal property tax exemption to businesses may have the effect of reducing the increment value,which in turn reduces revenue. 502.3 Ten Percent Limitation Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent(10%) of the current assessed taxable value for the entire City. According to the Ada County Assessor, the assessed taxable value for the City as of January 1, 2020,4 less homeowners' exemptions, is $10,375,837,804. Therefore,the 10% limit is $1,037,583,780. a Due to the timing of the assessment process and creation of this Plan,the 2020 certified values have been used to establish compliance with the 10%limitation.Using the 2020 values,the total adjusted base value of the existing and proposed revenue allocation areas combined with the value of this Project Area are less than 2.62%of the total taxable value of the City. Even assuming an increase in values for 2021,the combined adjusted base values of the revenue allocation areas would not exceed 10%of the current assessed taxable value for the entire City. 32 Page 274 Item#14. The adjusted base assessed value of each of the existing revenue allocation areas as of January 1, 2020, is as follows: Downtown Districts $146,334,050 Ten Mile District $39,539,125 Union District $2,144,360 Proposed Northern Gateway District $68,832,974 Proposed Linder District6 $11,978,500 Proposed Union District Addition $3,414,100 The adjusted base values for the combined existing and proposed revenue allocation areas and the estimated base value for the proposed Project Area, less homeowners' exemptions, is $272,243,109, which is less than 10% of the City's 2020 taxable value. 502.4 Financial Limitation The Study identifies a number of capital improvement projects. Use of any particular funding source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limitations set forth in the Law, the Act, by contract, or by other federal regulations. If revenue allocation funds are unavailable, then the Agency will need to use a different funding source for that improvement. The amount of funds available to the Agency from revenue allocation financing is directly related to the assessed value of new improvements within the Revenue Allocation Area. Under the Act, the Agency is allowed the revenue allocation generated from inflationary increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources may be utilized including annual revenue allocations, developer contributions, city contributions, interfund loan, federal funding, grants, property disposition and other financing sources as permitted by law. This Study identifies the kind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing illustrating project costs, and the time when related costs or monetary obligations are to be incurred.? Based on these funding sources, the conclusion is that the Project is feasible. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts projected in the Study for the purpose of funding the additional identified 5 Less area deannexed by the First Amendment to the Meridian Revitalization Plan Urban Renewal Project,and the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project. 6 May not be established until calendar year 2022. 7 See Idaho Code§ 50-2905. 33 Page 275 Item#14. projects and improvements. The projections in the Study are based on reasonable assumptions and existing market conditions. However, should the Project Area result in greater than anticipated revenues, the Agency specifically reserves the ability to fund the additional activities and projects identified in this Plan. Further, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified, including but not limited to disposition and development agreements and owner participation agreements. The Agency may also re-prioritize projects pursuant to market conditions,project timing, funding availability, and other considerations as more specifically detailed in the annual budget. The proposed timing for the public improvements may have to be adjusted depending upon the availability of some of the funds and the Agency's ability to finance any portion of the Project. Any adjustment to Project timing or funding is technical or ministerial in nature and shall not be considered a modification of the Plan pursuant to Idaho Code Section 50- 2903A. Attachment 5 lists those public improvements the Agency intends to construct or fund through the term of the Plan. The costs of improvements are estimates only as it is impossible to know with any certainty what the costs of improvements will be in future years. There is general recognition that construction costs fluctuate and are impacted by future unknowns, such as, the cost of materials and laborers. Final costs will be determined by way of construction contract public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the Agency, City, or other public entity, to any particular level of funding; rather, identification of the activity in the Plan allows the Agency to negotiate the terms of any reimbursement with the developer and/or the public entities. This Plan does not financially bind or obligate the Agency, City or other public entity 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. The City has not committed to fund any public infrastructure improvements within the Project Area. Such decisions concerning capital improvement projects and/or other expenditures are made by the City annually pursuant to its budget and appropriations process. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any participation agreement and in the annual budget adopted by the Agency Board. The proposed location and siting of the proposed public infrastructure and other improvement projects in the Project Area are generally described in Attachment 5 recognizing that the specific location of the projects will depend on the type and timing of development. The change in the location of the improvements shown in Attachment 5 does not constitute a modification to the Plan. The Agency reserves its discretion and flexibility in deciding which improvements are more critical for development or redevelopment, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. Where applicable, the Agency also intends to coordinate its participation in the public improvements with the receipt of certain grants or loans which may require the Agency's participation in some combination with the grant and loan funding. 34 Page 276 Item#14. Generally, the Agency expects to develop those improvements identified in Attachment 5 first, in conjunction with private development within the Project Area generating the increment as identified in Attachment 5. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. 502.5 [Reserved] 502.6 Participation with Local Improvement Districts and/or Business Improvement Districts Under the Idaho Local Improvement District ("LID") Code, Chapter 17, Title 50, Idaho Code, the City has the authority to establish local improvement districts for various public facilities, including,but not limited to, streets, curbs, gutters, sidewalks, storm drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency reserves the authority,but not the obligation, to participate in the funding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. Similarly, to the extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation, to participate in the funding of the purposes specified under the Business Improvement Districts Code, Chapter 26, Title 50, Idaho Code. 502.7 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 502.8 Impact on Other Taxing Districts and Levy Rate An estimate of the overall impact of the revenue allocation project on each taxing district is shown in the Study through the new development projections set forth in Attachment 5. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in which a revenue allocation area is approved by a municipality, with periodic adjustments allowed by Idaho law. The increment value is the difference between the adjusted base assessed value and current assessed taxable value in any given year while the property is in a revenue allocation area. Under Idaho Code Section 63-802, taxing entities are constrained in establishing levy rates by the amount each budget of each taxing district can increase on an annual basis'. 8 House Bill 389 passed during the 2021 Legislative Session,effective in significant part as of January 1,2021, further limits a taxing entity's ability to increase the property tax portion of its budget. The Study has considered the impact of House Bill 389 on the Project's overall feasibility. 35 Page 277 Item#14. Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Idaho Code Section 63-802. Therefore, the impact of revenue allocation on the taxing entities is more of a product of the imposition of Idaho Code Section 63-802, then the effect of urban renewal. The County Board of Commissioners calculates the levy rate required to produce the proposed budget amount for each taxing entity using the assessed values which are subject to each taxing entity's levy rate. Assessed values in urban renewal districts which are subject to revenue allocation(incremental values) are not included in this calculation. The combined levy rate for the taxing entities is applied to the incremental property values in a revenue allocation area to determine the amount of property tax revenue which is allocated to an urban renewal agency. The property taxes generated by the base values in the urban renewal districts and by properties outside revenue allocation areas are distributed to the other taxing entities. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue allocation area. The difference is how the revenue is distributed. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected during the term of the Plan; hence, there would be lower increases in assessed valuation to be used by the other taxing entities. The Study's analysis is premised upon the fact the proposed development would not occur but for the ability to use revenue allocation funds to fund certain significant public infrastructure improvements. One result of new construction occurring outside the revenue allocation area(see Idaho Code §§ 63-802 and 63-301A) is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction. From and after December 31, 2006, Idaho Code Section 63-301A prohibits taxing entities from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area is not available for inclusion by the taxing entities to increase their budgets. Upon termination of this Plan and Project Area or deannexation of area, the taxing entities will be able to include a percentage10 of the accumulated new construction roll value in setting the following year's budget and revenue pursuant to Idaho Code Sections 63-802 and 63-301A. As the 2021 certified levy rates are not determined until late September or October 2021, the 2020 certified levy rates have been used in the Study for purposes of the analysis.'' Further, it is anticipated that the parcel located in unincorporated Ada County will be annexed in prior to 9 House Bill 389 amended Idaho Code Sections 63-802 and 63-301A limiting the value placed on the new construction roll and available to a taxing district for a budget capacity increase. This could result in lower levy rates over time. 10 Pursuant to House Bill 389,80%of the total eligible increment value is added to the new construction roll. '1 Due to the timing of the taxing districts'budget and levy setting process,certification of the 2021 levy rates did not occur until this Plan had been prepared. In order to provide a basis to analyze the impact on the taxing entities, the 2020 levy rates are used. Use of the 2020 levy rates provides a more accurate base than estimating the 2021 levy rates. 36 Page 278 Item#14. City Council consideration of this Plan, and therefore, the affected taxing districts for the City have been identified. Those taxing districts and their 2020 certified levy rates are as follows:12 Taxing Districts: Lew Rates: The City of Meridian .002230856 The West Ada School District(School District No. 2) .000014472 Ada County .002149935 Emergency Medical District/Ada County Ambulance .000118422 Mosquito Abatement District .000021106 The Ada County Highway District .000701539 Meridian Library District .000430489 Meridian Cemetery District .000048343 Western Ada Recreation District .000037736 College of Western Idaho .000124266 TOTAL13 .005877164 House Bill 587, as amended in the Senate, effective July 1, 2020, amends Idaho Code Section 50-2908 altering the allocation of revenue allocation funds to the Agency from the Ada County Highway District levy 14. This amendment will apply to this Project Area and provides: "[i]n the case of a revenue allocation area first formed or expanded to include the property on or after July 1, 2020, all taxes levied by any highway district, unless the local governing body that created the revenue allocation area has responsibility for the maintenance of roads or highways" will be allocated to the applicable highway district, which in this case is the Ada County Highway District. However, amended Idaho Code Section 50-2908 further provides the highway district and Agency may enter into an agreement for a different allocation. A copy of any agreement is required to be submitted to the Idaho State Tax Commission and to the Ada County Clerk by the Ada County Highway District as soon as practicable after the parties have entered into the agreement and by no later than September 1 of the year in which the agreement takes effect. The Plan includes significant transportation elements, and the Agency intends to work with the Ada County Highway District to enter into an agreement allowing the Agency to retain the revenues from the highway district levies. The Study has made certain assumptions concerning the levy rate. The levy rate is estimated to be 10% lower than the combined 2020 certified levy rate to adjust for the impact of House Bill 389, as well as considering the rapidly increasing property values. The levy rate is anticipated to remain level for the life of the Project Area. As the actual impact of the property 12 It is unclear how the personal property tax exemption set forth in Idaho Code Section 63-602KK,and as amended by House Bill 389,effective January 1,2022,may impact the levy rate. i3 Net of voter approved bonds and levies. is Senate Bill 1107,as amended in the Senate,effective July 1,2021,made a corresponding amendment to Idaho Code Section 40-1415(3)to address the responsibility for funding certain urban renewal projects. 37 Page 279 Item#14. value fluctuations on the levy rate is unknown, the Study has assumed a combined conservative levy rate of.0053. Land values are estimated to inflate at 8%/year for five (5)years and then inflate at a rate of 4%/year for the remaining duration of the Project Area. Improvement values are estimated to inflate at a rate of 10%/year for five (5)years, and thereafter are estimated to inflate at a rate of 5%/year for the duration of the Project Area. Estimated new development is anticipated to be fully on the tax rolls in years 2025, 2027, 2028, 2029, 2030, 2032, 2033 and 2035. It is further estimated the properties in the district will generate $500,000 in taxable value annually. If the overall levy rate is less than projected, or if expected development fails to occur as estimated, the Agency shall receive fewer funds from revenue allocation. Pursuant to Idaho Code Section 50-2908, the Agency is not entitled to revenue allocation proceeds from certain levy increases which are allowed by either specific statutory authorization or approved by an election of the qualified electors of the particular taxing district. Therefore, for any levy election, the Agency will not receive revenue allocation funds which would have been generated by imposing that levy on the assessed valuation within the Project Area. The Study has taken this statute into account. 503 Phasing and Other Fund Sources The Agency anticipates funding only a portion of the entire cost of the public improvements shown on Attachment 5. Other sources of funds may include City, other public entity partners, and developer participation. It is important to note this Plan does not financially bind or obligate the City, Agency and/or any other public entity to any project or property acquisition. Agency and/or other public entity participation in any project shall be determined by the amount of revenue allocation funds generated and pursuant to the annual budgeting process. 504 Lease Revenue, Parking Revenue, and Bonds Under the Law(see Idaho Code § 50-2012), the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing, the public entity would pay the Agency a lease payment annually which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing, which provides a mechanism where the Agency uses its bonding authority for the Project, with the end user making payments to the Agency to retire the bond debt. These sources of revenues are not related to revenue allocation funds and are not particularly noted in the Study, because of the "pass through" aspects of the financing. Under the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency's financial model. These financing models typically are for a longer period of time than the 20-year period set forth in the Act. However, these financing models do not involve revenue allocation funds, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code Section 50- 2905(8) as those resources involve funds not related to revenue allocation funds. 38 Page 280 Item#14. 505 Membership Dues and Support of Community Economic Development The Act is premised upon economic development being a valid public purpose. To the extent allowed by the Law and the Act, the Agency reserves the authority to use revenue allocation funds to contract with non-profit and charitable organizations established for the purpose of supporting economic development and job creation. Additionally, the Agency reserves the authority to expend revenue allocation funds to join,participate and support non- profit organizations established to support Agency best practices and administration. The District Operating Expenses identified in the Study shall be deemed to include expenditures for the purposes described in this section as may be deemed appropriate during the annual budgetary process. 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES 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 deterioration. Actions by the City may 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, 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 may 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. Building Code enforcement. 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 development and/or redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. The undertaking and completing of any other proceedings necessary to carry out the Project. 39 Page 281 Item#14. h. Administration of Community Development Block Grant funds that may be made available for this Project. i. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. j. Joint funding of certain public improvements, including but not limited to those identified in this Plan and Attachment 5 to the Plan. k. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan. 1. Assist with coordinating and implementing the public improvements in the Project Area identified in the Study. The foregoing actions, if taken by the City and/or the Ada County Highway District, do not constitute any commitment for financial outlays by the City. In addition to the above, other public entities 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. 601 Maintenance of Public Improvements The Agency has not identified any commitment or obligation for long-term maintenance of the public improvements identified. The Agency will need to address this issue with the appropriate entity,public or private, who has benefited from or is involved in the ongoing preservation of the public improvement. The Agency expects to dedicate public improvements to the City. 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. 800 DURATION OF THIS PLAN, TERMINATION,AND ASSET REVIEW Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date of the Plan subject to extensions set forth in Idaho Code Section 50-2904. The revenue allocation authority will expire on December 31, 2041, except for any revenue allocation proceeds received in calendar year 2042, as contemplated by Idaho Code Section 50-2905(7). The Agency may use proceeds in 2042 to complete the projects set forth herein. As stated in the Plan, any disposition 40 Page 282 Item#14. and development agreement or owner participation agreement obligations will cease as of December 31, 2041. Idaho Code Section 50-2903(5)provides the Agency shall adopt a resolution of intent to terminate the revenue allocation area by September 1. In order to provide sufficient notice of termination to the affected taxing districts to allow them to benefit from the increased budget capacity, the Agency will use its best efforts to provide notice of its intent to terminate this Plan and its revenue allocation authority by May 1, 2042, or if the Agency determines an earlier terminate date, then by May 1 of the early termination year: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the Agency funded through revenue allocation proceeds shall be satisfied and the Agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Idaho Code Section 50-2908 shall thereupon cease; any moneys in such fund or funds in excess of the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the Revenue Allocation Area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the Revenue Allocation Area; and the powers granted to the urban renewal agency under Idaho Code Section 50-2909 shall thereupon terminate. b. In determining the termination date, the Plan shall recognize that the Agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the Plan. C. For the fiscal year that immediately predates the termination date, the Agency shall adopt and publish a budget specifically for the projected revenues and expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January 1 of the termination year pursuant to the terms of Idaho Code Section 50-2909(4). In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years,by May 1, but in any event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Idaho Code Section 50-2909 should a surplus be determined to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Idaho Code Section 63-215. 41 Page 283 Item#14. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, subject to the following paragraph, the Agency intends to dispose of any remaining assets by granting or conveying or dedicating such assets to the City, unless based on the nature of the asset, disposition to another public entity is more appropriate. As allowed by Idaho Code Section 50-2905(8), the Agency may retain assets or revenues generated from such assets as long as the Agency shall have resources other than revenue allocation funds to operate and manage such assets. Similarly, facilities which provide a lease income stream to the Agency for full retirement of the facility debt will allow the Agency to meet debt services obligations and provide for the continued operation and management of the facility. For those assets which do not provide such resources or revenues, the Agency will likely convey such assets to the City, depending on the nature of the asset. 900 PROCEDURE FOR AMENDMENT OR MODIFICATION To the extent there are any outstanding loans or obligations, this Plan should not be modified pursuant to the provisions set forth in Idaho Code Section 50-2903A. Modification of this Plan results in a reset of the base value for the year immediately following the year in which the modification occurred to include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream as more fully set forth in Idaho Code Section 50-2903A subject to certain limited exceptions contained therein. As more specifically identified above, the Agency's projections are based on estimated values, estimated levy rates, estimated future development, and estimated costs of future construction/improvements. Annual adjustments, as more specifically set forth in the Agency's annual budget, will be required to account for more/less estimated revenue and prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not deemed a modification under Idaho Code Section 50-2903A(1)(a)(i). 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency's activities for the preceding calendar year,which report shall include the financial data and audit reports required under sections 67-1075 and 67-1076, Idaho Code. This annual report shall be considered at a public meeting to report these findings and take comments from the public. 42 Page 284 Item#14. Additionally, the Agency must comply with certain other reporting requirements as set forth in Idaho Code Section 67-107615, the tax commission plan repository,see Idaho Code § 50- 2913, and the tax commission's plan modification annual attestation,see Idaho Code § 50- 2903A. Failure to report the information requested under any of these statutes results in significant penalties, including loss of increment revenue, and the imposition of other compliance measures by the Ada County Board of County Commissioners. 1200 APPENDICES,ATTACHMENTS, EXHIBITS, TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. 15 House Bill 73,passed during the 2021 Legislative Session,significantly effective as of January 1,2021,with the remaining sections in full force and effect on and after January 1,2022,establishes a uniform accounting system for local governmental entities,including urban renewal agencies,which is to be administered by the State Controller. Going forward,Idaho Code Section 67-450E is superseded by Idaho Code Section 67-1076. 43 Page 285 Item#14. Attachment 1 Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Page 286 Item#14. EXHIBIT B SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE SE 114 OF THE SE 114 OF SECTION 1, AND IN THE NE 114 OF THE NE 114 OF SECTION 72, TOWNSHIP 3 NORTH, RANGE 1 WEST, ALSO BEING IN THE S 112 OF THE SW 114 OF SECTION 6, AND IN THE NW 114 OF SECTION 7, AND IN THE N 11.E OF THE Sly 114 OF SECTION 7, TOWNSHIP J NORTH, RANGE 7 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 714 ry LEGEND URD BOUNDARY ko � ko zs V76 cs V76 — — — URD AREA N 89'08'.5 f" E 24 p4.26' {Q m SEE SHEET 2 OF 5 p SEE SHEET 3 OF 5 Z /BASIS �F EEAR G, Z 14 1 6 .58 34 4. 1�4 -dkly - S 892653" E 2,555.27' 21117 AIRIN W CHERRY LANE SEE SHEET 3 OF .5 EES E 4OF5 Z a a p�A AN Z E SHEET 5 OF .5 Z Ns D L c fi 0 V4 C 114 187 0 N 59'35 22 E —2394.97' —V P E PINE AVENUE A . K()() CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD SCALE 1'=1000' MERIDIAN, IDAHO 83642 (208)888-4312 SHEET 1 Page 287 Item#14. E. HISIT B (CONTINUED) 5EE 5HECT 3 OF 5 SEE 12 7 N 0'18'09" E 1324,40' DETAIL B S V 16 7 6 ` ERID R 1.?fi 19"E 43.51 -+ 197 79' L-12 L-10 C-1 0 L- q- L-11 o,W N O'18 09"E E--12 ,z , 28.88' 6� N 126'19" E DETAIL B No SCALE I CS 7�16 ^� Co l� L-5 �E 5'e C/ LEGEND a 1 s� ❑ URD 80UNDARY �l I UU ¢ �9 O f �` URD AREA F � \4' o �A , Ko fj GIVIL SURVEY CONSULTANTS,INC. 2893 SOUTH MERIDIAN ROAD 5EE MERIDIAN,IDAHO 83642 DETAIL A (208)8884312 L-4 62. 19' L-1 707• LINE DATA PRINT OF 4-2 � L-3 6.324 �P LINE BEARING DISTANCE BEGINNING L-2 L-1 s 88'35'17" W 35.03, E BAR RA L-2 N 1 24�43" W 54.39' DRIVE L-3 N 27'07'54" W 75.58' V L-4 N 51-70'43" W 78,50' L-5 N d'29'39" E 5.24' DETAIL A L-6 s 88.57'10" W 70o.83' NO SCALE 4-7 N 64.55'1 1" W 97.10' 1/4 N 0'18'19" E L--8 s 38.72:39" W 48.77' 13OO.92' 4-9 N 89.4229" W 783.94' CS V16 L-10 N 65'44 09" W 8.70' L-1 7 N 69'37 07' W 4.50' L-12 N 0'18'09" E 90.62' CURVE DATA SHEET 2 OF S CURVE DELTA I RADIUS ARC TANGENT CHORD I CH C-1 52.0452" 35.00 31.81 17.10 .30.73 516 Page 288 Item#14. EXHISIT S (CONTINUED) � o � z N 89'41'51" W 669,50' S Vic6 1.50' 48.00' W Q cz SCALE- 1 --300' � LEGEND URO BOUNDARY URU AREA � o�p LA EN S _ 1979.77 S 89 26 S 357, 71' 7 6 O �e- v ,5 6926 54" E 26.55.27' 318 39' —17 7 7 -4 W CHERRY LANE L—13 L--16 �v 18 80 L-14 L-18 Sr� -71r_ 7. z L-15 L-19 L-22 ❑ � L-21 "-u ❑ � � Z � LINE DATA o LINE BEARING DISTANCE L-73 5 0'33'06" W 5T.00' L-14 5 62"43'15" E 12.62' L-75 5 86'48'50" E 60.07' L-16 N 6624'13" E" 72.07' L-77 S 8926'54" E 782.07' CIVIL SURVEY CONSULTANTS, INC. L-18 S 4534 48" E 47.87' 2893 SOUTH MERIDIAN ROAD 714 L-79 5 J25'19" E 87.40' MERIDIAN, IDAHO83642 L-20 5 02J29" W 119.26' (208)888-4392 L-21 5 59"35'31" E 57 50' SHEET Page 289 L-22 N 0'23 29" E 9_J2' Item#14. EXHIBIT B (CONTINUED) N MERIOMN ROAD N D 23 29" E 2652.11' SEE .SHEET 3 aF 5 12 1 so" 29" O 15 9' L-2� �j 46.00' R, I C 25 +v SCALE- 1=.30D' p ul zo LEGEND NE 2ND 112 STREET ("I URD BOUNDARY m Is U90 AREA W Q a � Z � N 3RO 5 J 9.78' N D 35 DO" C 714 6 ' 652,57' 2 18780 52 05' 19 to 49 199' �F A , K p'3 N 0-36�25" E 31C1.05' POINT OF f BEGINNING LINE DATA 114 LINE BEARING DISTANCE — -- L—22 N ❑23 29" E 9.32' N ❑'34 47" E 2694.28' L-23 N 89 3658" E 240,02' L-24 5 89'36 58" W 50.01' CIVIL SURVEY CONSULTANTS,INC. L-25 5 02329" W 106.39' 2893SOUTH MERIDIAN ROAD L-26 5 69-3605" W 750.01' MERIDIAN,IDAHO83642 L-27 N 45 J4'47" E 27,60' [208)888-0312 L-40 IV 45 J4 47" E 2130, SHEET L—41 5 88-2J 46" E 62.3S' Page 290 Item#14. EXHIBIT B (CONTINUED) N MERIDIAN ROAD .SCALE 1'-.300' 1/4 N D'23 29" E 26.52.11' S o�3 9 W- LEGEND5 'r URD BOUNDARY o URD AREA Q � OZLQ W N MAIN STREET' = J *p L L N M 4�C S I 340.01' oi b;"' L-31 4 5 0`3,3'24'W L-29 ry ZJ U7 O I 80.0 290.72' ❑ ' D.0?' 25 99' 0 01 O'JJ' 4" W P� aa.o l�OF f£A . K(Jo o NE 2ND 1/2 S77?E °j _ Z � 80.04' 0'3T' 3' 591. 8 25 3' BD.0!' 25 93' Ql) Na`3 47 -39 NE 4TH S7Rf- N 4m L-37 12.32' L- 8 60 01' a L 34 E 4TT 57F?EET L-33 � 4 NE 5TH STREET fll E 57H 5 EET LINE DATA LINE BEARING DISTANCE L-28 5 2344 59 E 9.44' I L-29 N 89.2636" W 37.00' L-30 N 89-J547" E 87.79' W L-31 5 0:32'08" W go.07' C 114 N 0'3447" E 2694,28' L-32 N 058 55" E Ho.02' L-33 N O3447" E 60.07' 1 L-34 5 89'3547" W 77-98' CIVIL SURVEY CONSULTANTS.INC. L-55 N 0 J5 03" E 720.38' 2893 SOUTH MERIDIAN ROAD L-36 N 89-3547" E 11.00' MERIDIAN, IDAHO83642 L-37 N 0-J5 00" E 120.38, (208)888.4312 L-38 N 89'3.5`47' E 70.60' SHEET L-39 5 f39'36'17" W10.00' Page 291 Item#14. Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Page 292 Item#14. EXHI BIT A URBAN RENEWAL DISTRICT BOUNDARY DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION NORTHERN GATEWAY (Option A) A description for Urban Renewal District purposes located in the SE 1/4 of the SE 1/4 of Section 1, and in the NE 1/4 of the NE 1/4 of Section 12, Township 3 North, Range 1 West, also being in the S 1/2 of the SW 1/4 of Section 6, and in the NW 1/4 of Section 7, and in the N 1/2 of the SW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said S 1/2 of the SW 1/4 of Section 6, from which a brass cap monument marking the southwesterly corner of said Section 6 bears S 88'35'17" W a distance of 2404.78 feet; Thence S 88'35'17" W along the southerly boundary of said Section 6 a distance of 389.74 feet to the POINT OF BEGINNING; Thence continuing S 88'35'17" W a distance of 35.08 feet to a point; Thence leaving said southerly boundary N 1'24'43" W a distance of 54.39 feet to a point marking the southwesterly corner of that PARCEL as shown on Record of Survey No. 2969, Instrument No. 94082169, found in the office of the Recorder, Ada County, Idaho; Thence N 27*07'54" W along the southwesterly boundary of said PARCEL a distance of 75.58 feet to a point marking the westerly corner of said PARCEL, said point being the southerly corner of PARCEL A as described in Warranty Deed Instrument No. 96048180 as found in said office of the Recorder,- Thence leaving said southwesterly boundary of said PARCEL and along the southwesterly boundary of said PARCEL A the following described courses: Thence N 51'10'43" W a distance of 78.50 feet to a point; Thence N 71'30'43" W a distance of 684.82 feet to a point; Thence N 0'29'39" E a distance of.5.24 feet to a paint marking the southeasterly corner of LA PLAYA MANOR ESTATES SUBDIVISION as found in Book 70 of plats at Pages 7187 — 7188 in said office of the Recorder; Page 1 of 8 Page 293 Item#14. Thence leaving said Southwesterly boundary of said PARCEL A and along the southwesterly boundary of said LA PLAYA MANOR ESTATES SUBDIVISION the following described courses: Thence S 88'51'10" W a distance of 100.93 feet to a point; Thence N 64a55'11" W a distance of 91.10 feet to a point; Thence N 52°28'52" W a distance of 886.26 feet to a point on the southerly right-of-way of E Carmel Drive; Thence continuing N 52'28'52" W a distance of 60.00 feet to a point on the northerly right-of-way of E Carmel Drive; Thence leaving said southwesterly boundary of LA PLAYA MANOR ESTATES SUBDIVISION and along said northerly right-of-way the following described courses: Thence 5 38°12'39" W a distance of 48.77 feet to a point; Thence a distance of 3 1.8 1 feet along the arc of a 35.00 foot radius curve right, said curve having a central angle of 52'04'52" and a tong chord bearing S 64"15'05" W a distance of 30.73 feet to a point; Thence N 89'42'29" W a distance of 183.94 feet to a point: Thence N 65'44'09" W a distance of 8,70 feet to a point on the easterly right-of-way of N Meridian Road; Thence leaving said northerly right-of-way and along said easterly right-of-way the following described courses: Thence N 1'26'19" E a distance of 197.79 feet to a point; Thence N 0a18'09" E a distance of 28.88 feet to a point; Thence N 89'37'07" W a distance of 4.50 feet to a point; Thence N 0`18'09" E a distance of 90.62 feet to a point an the northerly boundary of said 5 1/2 of the SW 1/4 of Section 6; Pap-e 2 of 8 V Page 294 Item#14. Thence leaving said easterly right-of-way S 89'08'51" W along said northerly boundary a distance of 43.51 feet to a point marking the northwesterly corner of said S 1/2 of the SW 1/4 of Section 6; Thence N 89041'51" W along the northerly boundary of said SE 1/4 of the SE 1/4 of Section 1 a distance of 48.00 feet to a point on the westerly right-of-way of N Meridian Road, said point being on the northerly boundary of that PARCEL as shown on Record of Survey No. 9135, Instrument No. 112011184, found in said office of the Recorder; Thence continuing N 89°41'51" W along said northerly boundaries a distance of 621.50 feet to a point marking the northwesterly corner of said PARCEL; Thence leaving said northerly boundaries S 0'33'44" W along the westerly boundary of said PARCEL a distance of 1278.48 feet to a point on the right-of-way of W Cherry Lane; Thence continuing S 0'33'44" W along an extension of said westerly boundary a distance of 43.00 feet to a point on the southerly boundary of said SE 1/4 of the SE 1/4 of Section 1; Thence leaving said extension S 89'26'54" E along said southerly boundary a distance of 318.39 feet to a point; Thence leaving said southerly boundary 5 0'33'06" W a distance of 57.00 feet to a point on the southerly right-of-way of W Cherry Lane; Thence along said southerly right-of-way the following described courses: Thence S 62'43'15" E a distance of 12.62 feet to a point on the westerly right-of-way of NW 2nd Street; Thence leaving said westerly right-of-way S 86°48'50" E a distance of 60.07 feet to a point on the easterly right-of-way of NW 2nd Street; Thence leaving said easterly right-of-way N 66'24'13" E a distance of 12.07 feet to a point; Thence S 89'26'54" E a distance of 182.01 feet to a point; Thence 5 45'34'48" E a distance of 41.81 feet to a point on the westerly right-of-way of N Meridian Road; Page 3 of 8 Page 295 Item#14. Thence leaving said southerly right-of-way and along said westerly right-of-way the following described courses: Thence S 3'25'19" E a distance of 81.40 feet to a point; Thence S 0'23'29" W a distance of 119,26 feet to a point; Thence leaving said westerly right-of-way 5 89'36'31" E a distance of 57.50 feet to a point on the westerly boundary of said NW 1/4 of Section 7; Thence N 0'23'29" E along said westerly boundary a distance of 9.32 feet to a point an the extension of the northerly boundary of PARCEL A as shown on Record of Survey No. 10448, Instrument No. 2016-028560, found in said office of the Recorder; Thence N 89°36'58" E along said extension a distance of 46.00 feet to a point marking the northwesterly corner of said PARCEL A; Thence continuing N 89'36'58" E along the northerly boundary of said PARCEL A a distance of 194.02 feet to a point marking the northeasterly corner of said PARCEL A; Thence S 0'23'29" W along the easterly boundaries of said PARCEL A and of PARCEL 8 of said Record of Survey No. 10448 a distance of 233.00 feet to a point marking the southeasterly corner of said PARCEL 6; Thence S 89'36'58" W along the southerly boundary of said PARCEL 8 a distance of 50.01 feet to a point; Thence leaving said southerly boundary S 0023'29" W a distance of 106.39 feet to a point; Thence S 89'36'O5" W a distance of 150.01 feet to a point on the easterly right-of-way of N Meridian Road; Thence along said right-of-way the following described courses: Thence S 0'23'29" W a distance of 1015.39 feet to a point; Thence S 23'44'S9" E a distance of 9.44 feet to a point on the northerly right-of-way of E Washington Street; Thence leaving said easterly right-of-way N 89'36'04" E along said northerly right-of-way a distance of 440.45 feet to a point on the westerly right-of-way of N Main Street; Page 4 of 8 Page 296 Item#14. Thence leaving said northerly right-of-way N 0'33'24" E along said westerly right-of-way a distance of 256.24 feet to a point on the extension of the northerly boundary of that PARCEL as shown on Record of Survey No. 1171, instrument No. 8761859, found in said office of the Recorder; Thence leaving said westerly right-of-way N 89'58'13" E along said extension a distance of 80.00 feet to a point marking the northwesterly corner of said PARCEL; Thence continuing N 89°58'13" E along the northerly boundary of said PARCEL a distance of 249.98 feet to a point marking the northeasterly corner of said PARCEL, said point being the northwesterly corner of SCHOOL PLAZA SUBDIVISION NO. 1 as found in Book 64 of plats at Pages 6501 --6502 in said office of the Recorder; Thence along the easterly boundary of said PARCEL and the westerly boundary of said SCHOOL PLAZA SUBDIVISION NO. 1 the following described courses: Thence S 0'33'24" W a distance of 290.72 feet to a point; Thence N 89'26'36" W a distance of 37.00 feet to a point; Thence S 0*33'24" W a distance of 280.00 feet to a point marking the southeasterly corner of said PARCEL and marking the southwesterly corner of said SCHOOL PLAZA SUBDIVISION NO. 1; Thence leaving said boundaries 5 0'33'24" W along an extension of said boundaries a distance of 60.01 feet to a point on the northerly boundary of Block 5 of FA NOURSFSSECOND ADDITION as found in Book 2 of plats at Page 64 in said office of the Recorder; Thence leaving said extension N 89'35'47" E along said northerly boundary a distance of 87.19 feet:to a point marking the northeasterly corner of said Block 5; Thence S 0°31'57" W along the easterly boundary of said Block 5 a distance of 255.99 feet to a point marking the southeasterly corner of said Block 5; Thence continuing S.0'31'57" W a distance of 80.01 feet to a point marking the northeasterly corner of Block 2 of said F A NOURSES SECOND ADDITION; Thence continuing S 0031'57" W along the easterly Boundary of said Block 2 a distance of 256.02 feet to a point marking the southeasterly corner of said Block 2; Page S of 8 Page 297 Item#14. Thence 5 0'32'08" W a distance of 80.01 feet to a point on the southerly right-of-way of E Pine Avenue as shown on Record of Survey No. 11653, Instrument No. 2018-119154, found in said office of the Recorder; Thence along said southerly right-of-way the following described courses: Thence N 89'35'22" E a distance of 80.01 feet to a point marking the northwesterly corner of that right-of-way vacated to adjoining owners, as described in Instrument No. 98218, of Block 7 of the amended plat of the TOWNSITE OF MERIDIAN as found in Book 1 of}Mats at Page 30 in said office of the Recorder; Thence continuing N 89'35'22" E a distance of 308.78 feet to a point marking the northeasterly corner of said vacated right-of-way of Block 1 of the amended plat of ROWAN ADDITION as found in Book 2 of plats at Page 52 in said office of the Recorder; Thence continuing N 89'35'22" E a distance of 80.04 feet to a point marking the northwesterly corner of said vacated right-of-way of Bock 6 of said amended plat of ROWAN ADDITION; Thence leaving said southerly right-of-way N 0658'55" E a distance of 80.02 feet to a point marking the southwesterly corner of Block 3 of COTTAGE HOME ADDITION as found in Book 1 of plats at Page 42 in said office of the Recorder; Thence N 0'37'13" E along the westerly boundary of said Block 3 a distance of 256.03 feet to a point marking the northwesterly corner of said Block 3; Thence continuing N 0'37'13" E a distance of 80.01 feet to a point marking the southwesterly corner of Block 6 of said COTTAGE HOME ADDITION; Thence continuing N 0037'13" E along the westerly boundary of said Block 6 a distance of 255.93 feet to a point marking the northwesterly corner of said Block 6; Thence N 89035'47" E along the northerly boundary of said Block 6 a distance of 299.64 feet to a point marking the northeasterly corner of said Block 6; Thence continuing N 89'3547" E a distance of 99.67 feet to a point the northwesterly corner of Lot 1 of Block 1 of EASTSIDE PA RK SUBDIVISION as found in Book 20 of plats at Pages 1312— 1313 in said office of the Recorder; Page 6 of 8 Page 298 Item#14. Thence continuing N 89035'47" E along the northerly boundary of said Lot 1 a distance of 12.32 feet to a point on an extension of the easterly boundary of Lot 1 of Block 3 of said EASTSIDE PARK SUBDIVISION; Thence leaving said northerly boundary N 0'34'47" £ a distance of 60.01 feet to the southeasterly corner of said Lot 1 of Block 3-1 Thence S 89'35'47" W along the southerly boundary of said Lot 1 a distance of 71.98 feet to the southwesterly corner of said Lot 1; Thence N 0'35'03" E along the westerly boundary Of said Lot 1 a distance of 120.38 feet to the northwesterly corner of said Lot 1; Thence N 89'3547" E along the northerly boundary of said Lot 1 a distance of 11.00 feet to a point; Thence leaving said northerly boundary N 0'35'00" E a distance of 120.38 feet to a point on the northerly boundary of said Block 3; Thence N 89'35'47" E along said northerly boundary a distance of 10.60 feet to a point on the extension of the easterly right-of-way of NE 4th Street; Thence leaving said northerly boundary N 0°34'47" E along said extension a distance of 60.01 feet to a point on said easterly right-of-way; Thence continuing N 0'34'47" E along said easterly right-of-way a distance of 301.48 feet to a point on the southerly boundary of FORTY THREE NORTH SUBDIVISION as found in Book 116 of plats at Pages 17417— 17419 in said office of the Recorder; Thence S 89°36'17" W along said southerly boundary a distance of 10.00 feet to a point marking the southwesterly corner of said FORTY THREE NORTH SUBDIVISION; Thence along the westerly boundary of said FORTY THREE NORTH SUBDIVISION the following described courses: Thence N 0'34'47" E a distance of 349.78 feet to a point; Thence N 45'34'47" E a distance of 27.80 feet to a point marking the northwesterly corner of said FORTY THREE NORTH SUBDIVISION; Page 7 of 8 Page 299 Item#14. Thence leaving said westerly boundary S 88'23'46" E along the northerly boundary of said FORTY THREE NORTH SUBDIVISION a distance of 62.38 feet to a point on the extension of the easterly boundary of that PARCEL as shown on record of Survey No. 10184, Instrument No. 2015-067809, found in said office of the Recorder,- Thence N 0'35'00" E along said extension a distance of 62.05 feet to a point marking the southeasterly corner of said PARCEL; Thence continuing N 0°35'00" E along the easterly boundary of said PARCEL a distance of 652.57 feet to a point marking the southwesterly corner of that PARCEL as shown on Record of Survey No. 2532, Instrument No. 9353397, found in said office of the Recorder; Thence leaving said easterly boundary N 89'10'54" E along the southerly boundary of said PARCEL as shown on Record of Survey No. 2532 a distance of 240.25 feet to a point marking the southeasterly corner of said PARCEL as shown on Record of Survey No. 2532; Thence N 0'36'25" E along the easterly boundary of said PARCEL as shown on Record of Survey No. 2532 a distance of 260.06 feet to a point on the southerly right-of-way of E Fairview Avenue; Thence leaving said easterly boundary and continuing N 0'36'25" E along and extension of said easterly boundary a distance of 49.99 feet to the POINT OF BEGINNING. This parcel contains approximately 126.226 acres. NOTE: This description was prepared using record information including Record of surveys, Subdivision Plats and Deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Kyle A. Koomler, PLS NAL SN SG Civil Survey Consultants, Incorporated �! G May 26, 2021 187 06- s, -2G 21 o �- A Koa��kr Page 8 of 8 Page 300 Item#14. Attachment 3 Private Properties Which May Be Acquired by the Agency 1. The Agency has not identified any particular parcel for the construction of public improvements or for private redevelopment. Properties which may be subject to acquisition include parcels to: a) assemble with adjacent parcels to facilitate development and/or redevelopment; b) assemble with adjacent rights-of-way to improve configuration and enlarge parcels for development and/or redevelopment; c) reconfigure sites for development and possible extension of streets or pathways; d) assemble for future transfer to qualified developers to facilitate the development of mixed-use, residential (including affordable and/or workforce housing), commercial, office and retail areas; or e) assemble for the construction of certain public improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediation/site preparation,public parking, community facilities, parks,pedestrianibike paths and trails, recreation access points, and other public facilities. 2. The Agency reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The Agency reserves the right to acquire property needed to provide adequately sized sites for high priority projects for the development of public improvements (the exact location of which has not been determined). 4. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration projects, constructing public parking, constructing new streets or pathways, enhancing public spaces, or to implement other elements of the urban renewal plan strategy and/or any master plan for the Project Area, including support for affordable and/or workforce housing projects. Page 301 Item#14. Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Page 302 • Medium Densi . , . U-N� -. - •- .- . ��A�Office��/Residential ■■,� —��� _ //,� IIIIII�J� �I�■■ Density • • %�/, Residential ■ /, - Commercial Density ■�� ■� � ME3 ■��\■■ ■■ - ME Mml— low Hi—:�h�!■ _■ �ilVledi�m ■ ��rfl Densit !! �� ` �� �D♦ensit�i �`�,_■ !Residential Q Residentiah NINE ■ - . . .. -- - . . a IIIII■1 111 11■ 11111 ■11■ 111■ � ����1 • ••• _ i 1111111 ■11 _ - 11 II111 . 1■■ _■■1+ � • - 1■ ■■ ■� 1■1■11 ■11�� ■IIII Illf: 111111 `��I���� �� . ��Ir1�■ I A ■CIA ■� R:r■■ %r■■r�►� • ■■■ • : • I �� IIIIIIIJ, R-15 1INO • � . R-8 R 40 ma lid R-8 RUT ' !!� ■ ■ l`N'� i - I o - ■ I ■ � --NIN amomm o R_8I NINO - . . .. -- - o ■■■� ■D ��■■■ ■�■■ ■■■■ • ... I O-T - ■ �� . �_ � ■111 �IIII - 1■■ ■■1+� � ■ '• - ■■ ■11�� 1■III Ilfi 111111 ■11 °-T FR!- �I Item#14. Attachment 5 Economic Feasibility Study Page 305 Item#14. ATTACHMENT 5.1 (Option A) Public Improvements within the Revenue Allocation Area This attachment includes a projected list of proposed public works or improvements within the Northern Gateway District Project Area (the "Project Area"). The proposed improvements within the Project Area include improvements to streets, utilities, and other public rights-of- way amenities as well as improvements to parks and open space, transit improvements, fagade improvements, historic lighting, wayfinding, environmental remediation, planning studies and public parking. Property acquisition to support development goals is also contemplated. The Northern Gateway District Improvement List set forth below identifies needed investments to support private investment in capital facilities. Capital facilities generally have long useful lives and significant costs. The overall project and the infrastructure to support it are all consistent with the vision articulated in the City of Meridian Comprehensive Plan, Destination: Downtown Plan, the future land use map and as required in City development regulations. The cost estimates provided by the City are based upon prices for similar construction in the area. Estimated costs expected to be incurred in implementing the urban renewal plan are as follows: Northern Gateway District Improvement List Open Area Development Costs Utilities $3,000,000 Collector Roadways $1,000,000 Sub-total Open Area Development Costs $4,000,000 Redevelopment Project Area Costs Street Improvements $11,000,000 Other Streetscapes $1,000,000 Utilities $5,200,000 Transit improvements $1,500,000 Fagade Improvements $1,000,000 Historic Lighting $750,000 Property Acquisition $3,000,000 Wayfinding/Signage $250,000 Public Parking $2,000,000 Public Plazas, Parks & Open Space $2,500,000 Environmental Remediation $1,500,000 Planning Studies $236,000 Sub-total Redevelopment Area Costs $29,925,000 Grand Total $33,925,000 Page 306 Item#14. The projects and estimated costs have been derived from the City of Meridian, the Meridian Development Corporation (MDC) and Vitruvian Planning, the transportation consultant, in part, based upon similar works being carried out in the broader community. The costs are estimated in 2021 dollars and are not inflated. Costs will likely vary from the costs detailed here, as they will be subject to inflation and further project refinement and timing. The cost estimates used in this analysis are considered estimates for the purpose of financial planning. The Project Area is estimated to generate $35,085,665 in tax increment revenue between 2022 and 2041 in addition to the initial $75,000 loan from MDC to activate the program'. The total from both sources is estimated to be $35,160,665. There are presently$33,925,000 of project costs identified in the Northern Gateway District Improvement List. It is generally understood that projects will occur on a pay-as-you-go basis recognizing there may be an opportunity for owner/developer advanced funding of projects, which eligible costs would then be reimbursed through an Owner Participation Agreement (OPA), or other similar agreement, from resources derived from the Project Area. Administrative costs over the 20-year life of the district are estimated at $975,000 or approximately 2.6% of total estimated revenue. The initial inter-district loan to support startup costs is assumed to be repaid at 5% interest for a total obligation of$112,500. The total estimated expenditures equal $35,012,500, leaving a $148,165 positive program balance of at the end of the 20-year term. See attached cash flow analysis for detailed estimates. The Urban Renewal Plan for the Northern Gateway District Project (the "Plan") provides for the Plan and Project Area to extend through its maximum term of 20 years. Protect Funding Secure funding includes revenue allocation funds and is money MDC is highly likely to receive. The funds may not be in MDC's possession at the beginning of the Plan period, but it is virtually certain that MDC will receive the funds. MDC may need to take specific actions to generate the funding, but those actions are within its powers. Despite the high probability of secure funding, no project can proceed until a specific, enforceable funding plan is in place. Potential funding is money that might be received by MDC. In every case MDC is eligible for the funding, and the source of funding exists under current law. However, each potential funding source requires one or more additional steps or decisions before MDC can obtain the resources, and the ultimate decision is outside of MDC's independent control. The City's capital 'As the Idaho property tax system provides for taxes being paid in arears, revenue allocation proceeds will be received in FY 2042. However, the final year of income has not been considered in determining the economic feasibility of the District. Page 307 Item#14. contributions or Community Development Block Grant funding are examples of potential funding. Thus, potential funding is not assumed in determining financial feasibility. Unfunded projects, or portions of projects lack secure or potential funding. At this time, all projects are anticipated to be funded. The amount of tax increment contributed to the project will may vary depending upon the actual cost of infrastructure. The Plan proposes certain public improvements that will facilitate development in the Project Area. The overall investment package will be funded from a variety of financing methods and sources. The primary method of financing MDC's obligation will be through the use of tax increment revenue (i.e., incremental property taxes from the revenue allocation area). This Plan anticipates that at least a portion of the tax increment revenue will be used to reimburse an owner/developer through a negotiated agreement for some or all of the eligible improvement costs. The issuance of bonds is not anticipated in this analysis of financial feasibility. Other sources of funding for project may include, but are not limited to: • Local Improvement District (LID) • Business Improvement District (BID) • Development Impact Fees • Franchise Fees • Grants from federal, state, local, regional agencies and/or private entities • Other bonds, notes and/or loans • Improvements and/or payments by developers The total project costs and the amount of tax increment are estimates. The estimated project costs and revenues are based on MDC's present knowledge and expectations supported by detailed information from property owners, City and MDC staff and MDC's consultants based in part upon current construction projects in the broader community. Page 308 Item#14. Map of Proposed Northern Gateway District Legend Illliiiliiijllllllllliiijlllllll iillillllljllllh .. _ .\\rvortnem arv!wav c4 um IIIIIIjIIllll pII I O Parcels Summary of Projects Based on the Northern Gateway District Improvement List set forth above, the estimated total costs for the public improvements are $33,925,000. Cost of Operations and Improvements by Year (2021-2042) Year Secure Potential District Capital and Total Project Funding Funding Operating Program Liabilities (TIF Expenses Expenses & And MDC Loan) Repay Inter- district Loan 2021 $75,000 $0 $0 $0 2022 $38,172 $0 $25,000 $25,000 2023 $79,830 $0 $50,000 $50,000 $100,000 2024 $125,301 $0 $50,000 $125,000 $175,000 2025 $333,941 $0 $50,000 $262,500 $312,500 2026 $475,588 $0 $50,000 $400,000 $450,000 2027 $598,223 $0 $50,000 $550,000 $600,000 2028 $912,403 $0 $50,000 $850,000 $900,000 2029 $1,215,713 $0 $50,000 $1,000,000 $1,050,000 Page 309 Item#14. 2030 $1,428,075 $0 $50,000 $1,500,000 $1,550,000 2031 $1,756,969 $0 $50,000 $1,700,000 $1,750,000 2032 $1,863,706 $0 $50,000 $1,800,000 $1,850,000 2033 $2,055,176 $0 $50,000 $2,000,000 $2,050,000 2034 $2,362,110 $0 $50,000 $2,300,000 $2,350,000 2035 $2,631,278 $0 $50,000 $2,600,000 $2,650,000 2036 $2,781,286 $0 $50,000 $2,700,000 $2,750,000 2037 $2,938,672 $0 $50,000 $2,900,000 $2,950,000 2038 $3,103,800 $0 $50,000 $3,100,000 $3,150,000 2039 $3,277,052 $0 $50,000 $3,200,000 $3,250,000 2040 $3,458,829 $0 $50,000 $3,400,000 $3,450,000 2041 $3,649,551 $0 $50,000 $3,600,000 $3,650,000 2042 $0 $0 0 $0 Total $35,160,665 $0 $975,000 $34,037,500 $35,012,500 Note: This analysis anticipates a positive fund balance of$148,165 the end of the project. Page 310 Item#14. ATTACHMENT 5.2 (Option A) Economic Feasibility Study The Plan, as currently envisioned, is economically feasible because the proposed development is sufficient to fully cover the anticipated cost of redevelopment program. The economic feasibility of the Plan is based on the following factors: • The amount of development anticipated in the Project Area • The timing of the proposed taxable development • The nature of the proposed development 0 The amount of tax revenue to be generated by the proposed development • The cost of public improvement projects • If revenue equals or exceeds project costs, the Plan is economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of the Plan. The Economic Feasibility Analysis Summary: Over the course of the Plan and the Northern Gateway District, $35,085,665 of Tax Increment Revenue will be generated using the development scenarios proposed by the City and MDC, in consultation with its consultants and property owners within the Northern Gateway District. The Economic Feasibility Study assumes a minimum of 10% of annual revenue allocation area proceeds, or TIF revenue, will be used for administration of the Northern Gateway District with that amount capped at $50,000 per year, for a total of$975,000 for administration costs over the 20-year lifespan of the District. The attached spreadsheets entitled "Northern Gateway District Revenue Model" and "Northern Gateway District Cash Flow Analysis" gives a more detailed outlook on the revenues and expenses of the development scenario. The following assumptions were made in the formulation of the Financial Feasibility Analysis: o Land Value Increase @ 8%/Year for 5 years, then 4%/year for the balance of the term. o Improvement Value Increase @ 10%/Year for 5 years, then 5%/year for the balance of the term. o Tax Rate is reduced 10% and held constant through the life of the Plan o Total Cost of Improvements over the life of the project: $33,925,000 (City and consultants' estimates) Page 311 Item#14. o Tax rate does not include levies excluded pursuant to Idaho Code 50-2908, such as voter approved bonds/levies after 2007,judgment levies or the School District Plant or supplemental levies excluded by law. The Economic Feasibility Analysis shows that the project will generate adequate funds within the Project Area to fund the necessary capital improvements. 4820-9976-3190,v.6 Page 312 Item#14. Street Improvements-More Detailed Description Total Construction Estimate Street Section Length(LF) Construction Design Contingency (Rounded) 2&1/2 St,Carlton to Fairview 2,OD0 $ 3,050,000 $ 460,000 $ 610,000 $ 4,100,000 3rd Street,Carlton to Pine 70D $ 475,000 $ 70,000 $ 100,000 $ 600,1100 3rd Street,Fairview to Carlton 2,OD0 $ 1,770,000 $ 270,000 $ 350,000 $ 2,40D,ODD Carlton,w/o 2nd to ego 4th 90D $ 1,260,500 $ 190,000 $ 250,000 $ 1,7OD,000 Washington,2&1/2 to 4th 60D $ 371,000 $ 60,000 $ 70,00D $ 500,000 Meridian Rd frontage,n/o Fairview 1,300 $ 182,000 $ 30,000 $ 40,000 $ 300,040 Fairview Ave frontage,W 2nd to E 5th 2,700 $ 1,294,000 $ $ 260,000 $ 1,600,000 Main St frontage,Fairview to Washington 1,700 $ 2,100,000 $ 320,000 $ 420,000 $ 2,8OD,000 4th,Washington Badley 40D $ 218,000 $ 30,000 $ 40,OD0 $ 300,000 Bad ley,2&1/2 to 4th 60D $ 371,000 $ 60,000 $ 70,000 $ 500,000 Gruber,2&112 to 4th 60D $ 239,000 $ 40,000 $ 50,0D0 $ 300,000 State Ave,w/o 2nd to e/o 3rd 400 $ 134,000 $ 20,000 $ 30,000 $ 200,000 2nd,Pine to Carlton 60D $ 183,000 $ 30,000 $ 40,01DD $ 300,000 Pine frontage,who 2nd to e/o 3rd 40D $ $ $ $ F I 1, Notes; • Assumes no right of way acquisition • Design estimated at 15%of construction,rounded • Contingency of 250A applied to construction costs,rounded • Water main and Wastewater Main estimates supplied by City of Meridian public Works • Local/Collector Street costs adjusted dorm when major Water/WW Main planned due to road work incorporated into those costs Page 313 Item#14. Estimated Location of Utility Upgrades Within the Project Area tea.. i wow noa u.s _� Enj tii-....�..� �i -7 —7 Red—Water and Wastewater Main Lines In Need of Expansion or Replacement Blue—Water Main Lines Planned for Replacement Green—Wastewater Lines Page 314 Northern Gateway District Revenue Model Land Value Initial Imprv. Cum.New Cumulative Funding for (+8%annually Value(+10% Total Assessed Annual New Const Value+ Cum total Homeowne Increment Levy Tax Admin Capital Year Taxable Value rs'Const.Value Inflation @ Taxable Value Value(I-Base Rate Increment Costs for 5 years Annually for 5 Value on tax roll 10%for 5 Value) (Flat) Yield (10%) Projects/ then 4%) years then 5%) Exemption Debt Service years then 5%) 2021 $ 27,641,100 $ 46,297,100 $ 73,938,200 $ - $ - $ 73,938,200 $ 2,775,726 $ 71,162,474 $ - 0.0053 2022 $ 29,852,388 $ 50,926,810 $ 80,779,198 $ 500,000 $ 500,000 $ 81,279,198 $ 2,914,512 $ 78,364,686 $ 7,202,212 0.0053 $ 38,172 $ 3,817 $ 34,355 2023 $ 32,240,579 $ 56,019,491 $ 88,260,070 $ 500,000 $ 1,025,000 $ 89,285,070 $ 3,060,238 $ 86,224,832 $ 15,062,358 0.0053 $ 79,830 $ 7,983 $ 71,847 2024 $ 34,819,825 $ 61,621,440 $ 96,441,265 $ 500,000 $ 1,576,250 $ 98,017,515 $ 3,213,250 $ 94,804,266 $ 23,641,792 0.0053 $ 125,301 $ 12,530 $ 112,771 2025 $ 37,605,411 $ 67,783,584 $ 105,388,996 $ 30,500,000 $ 32,155,063 $ 137,544,058 $ 3,373,912 $ 134,170,146 $ 63,007,672 0.0053 $ 333,941 $ 33,394 $ 300,547 2026 $ 40,613,844 $ 74,561,943 $ 115,175,787 $ 15,500,000 $ 49,262,816 $ 164,438,602 $ 3,542,608 $ 160,895,995 $ 89,733,521 0.0053 $ 475,588 $ 47,559 $ 428,029 2027 $ 42,238,398 $ 78,290,040 $ 120,528,438 $ 15,500,000 $ 67,225,956 $ 187,754,394 $ 3,719,738 $ 184,034,656 $ 112,872,182 0.0053 $ 598,223 $ 50,000 $ 548,223 2028 $ 43,927,934 $ 82,204,542 $ 126,132,476 $ 50,500,000 $ 121,087,254 $ 247,219,730 $ 3,905,725 $ 243,314,005 $ 172,151,531 0.0053 $ 912,403 $ 50,000 $ 862,403 2029 $ 45,685,051 $ 86,314,769 $ 131,999,820 $ 45,500,000 $ 172,641,617 $ 304,641,437 $ 4,101,011 $ 300,540,426 $ 229,377,952 0.0053 $ 1,215,703 $ 50,000 $ 1,165,703 2030 $ 47,512,453 $ 90,630,507 $ 138,142,961 $ 25,500,000 $ 206,773,698 $ 344,916,658 $ 4,306,062 $ 340,610,596 $ 269,448,122 0.0053 $ 1,428,075 $ 50,000 $ 1,378,075 2031 $ 49,412,952 $ 95,162,033 $ 144,574,984 $ 45,500,000 $ 262,612,383 $ 407,187,367 $ 4,521,365 $ 402,666,002 $ 331,503,528 0.0053 $ 1,756,969 $ 50,000 $ 1,706,969 2032 $ 51,389,470 $ 99,920,134 $ 151,309,604 $ 500,000 $ 276,243,002 $ 427,552,606 $ 4,747,433 $ 422,805,172 $ 351,642,698 0.0053 $ 1,863,706 $ 50,000 $ 1,813,706 2033 $ 53,445,048 $ 104,916,141 $ 158,361,189 $ 15,500,000 $ 305,555,152 $ 463,916,341 $ 4,984,805 $ 458,931,536 $ 387,769,062 0.0053 $ 2,055,176 $ 50,000 $ 2,005,176 2034 $ 55,582,850 $ 110,161,948 $ 165,744,798 $ 35,500,000 $ 356,332,909 $ 522,077,708 $ 5,234,045 $ 516,843,662 $ 445,681,188 0.0053 $ 2,362,110 $ 50,000 $ 2,312,110 2035 $ 57,806,164 $ 115,670,045 $ 173,476,210 $ 25,500,000 $ 399,649,555 $ 573,125,765 $ 5,495,748 $ 567,630,017 $ 496,467,543 0.0053 $ 2,631,278 $ 50,000 $ 2,581,278 2036 $ 60,118,411 $ 121,453,548 $ 181,571,958 $ 500,000 $ 420,132,033 $ 601,703,991 $ 5,770,535 $ 595,933,456 $ 524,770,982 0.0053 $ 2,781,286 $ 50,000 $ 2,731,286 2037 $ 62,523,147 $ 127,526,225 $ 190,049,372 $ 500,000 $ 441,638,634 $ 631,688,007 $ 6,059,062 $ 625,628,945 $ 554,466,471 0.0053 $ 2,938,672 $ 50,000 $ 2,888,672 2038 $ 65,024,073 $ 133,902,536 $ 198,926,609 $ 500,000 $ 464,220,566 $ 663,147,175 $ 6,362,015 $ 656,785,161 $ 585,622,687 0.0053 $ 3,103,800 $ 50,000 $ 3,053,800 2039 $ 67,625,036 $ 140,597,663 $ 208,222,699 $ 500,000 $ 487,931,594 $ 696,154,294 $ 6,680,116 $ 689,474,178 $ 618,311,704 0.0053 $ 3,277,052 $ 50,000 $ 3,227,052 2040 $ 70,330,038 $ 147,627,546 $ 217,957,584 $ 500,000 $ 512,828,174 $ 730,785,758 $ 7,014,121 $ 723,771,636 $ 652,609,162 0.0053 $ 3,458,829 $ 50,000 $ 3,408,829 2041 $ 73,143,239 $ 155,008,923 $ 228,152,163 $ 500,000 $ 538,969,583 $ 767,121,745 $ 7,364,827 $ 759,756,918 $ 688,594,444 0.0053 $ 3,649,551 $ 50,000 $ 3,599,551 $ 310,000,000 $ 35,085,665 $ 855,283 $ 34,230,382 Page 315 Northern Gateway District Revenue Model Assumptions Land Values inflate at 8% per year for 5 years(consistent with recent assessed value history)then at 4%for remainder of the Plan term Improvement Values inflate at 10% per year for 5 years (consistent with recent assessed value history)then at 5%for remainder of the Plan term Tax rate reduced by 10%from 2020 certified rate then held constant for the remainder of the Plan term Homeowners' Property Tax Exemption increases at 5% per year Revenue Allocation proceeds flow to the District in the year after Certificate of Occupancy(C.O.) Unincorporated area taxable investment estimated at: (uninflated cost estimate) $30,000,000 with C.O. in 2024 $15,000,000 with C.O in 2026 $15,000,000 with C.O. in 2030 $15,000,000 with C.O. in 2031 $15,000,000 with C.O. in 2034 Potential Development Projects within District based upon staff discussions with Developers(Total Taxable Investment @ $210,000,000) Value estimates based upon 2021 projects in Meridian Project A- Phase 1: C.O. in 2025" $15,000,000 Project A- Phase 2: C.O. in 2027^ $30,000,000 Project B: C.O. in 2027-$20,000,000 Project C- Phase 1: C.O. in 2028-$15,000,000 Project C- Phase 2: C.O. in 2030-$30,000,000 Project D- Phase 1: C.O. in 2028-$30,000,000 Project D- Phase 2: C.O. in 2029- 10,000,000 Project D- Phase 3: C.O. in 2033-$20,000,000 Project E: C.O. in 2032^ $15,000,000 Project F: C.O. in 2035^ 25,000,000 Other properties within District will generate $500,000 in taxable investment annually Minimum of 10%of annual revenue allocation yield will be paid to the Meridian Development Corporation for administrative costs Balance of Revenue Allocation yield will be available for capital investment and program expenses Notes Note 1: (Non-equalized) 2021 Assessed Values Used in forecast. Note 2: MDC will receive revenue allocation funds in 2042, but that amount has not been considered in determining economic feasibility. Note 3: The 17 acre parcel at Meridian Road and Cherry is currently outside the city limits but is seeking annexation. Note 4: It is anticipated that the annexation will be completed prior to plan adoption Page 316 Item#14. Northern Gateway District Cash Flow Analysis A B C D E F G H I J K L 1 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 3 Beainnina Balance $ $ 75,000 $ 88,172 $ 68,002 $ 18,303 $ 39,744 $ 65,332 $ 63,555 $ 75,958 $ 241,661 $ 119,736 4 Isource of Funds 5 Total Revenue Allocation $ $ 38,172 $ 79,830 $ 125,301 $ 333,941 $ 475,588 $ 598,223 $ 912,403 $ 1,215,703 $ 1,428,075 $ 1,756,969 6 MDC Inter-District Loan* $ 75,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - 7 Total Funds Available $ 75,000 $ 113,172 $ 168,002 $ 193,303 $ 352,244 $ -915,332 $ 663,555 $ 975,958 $ 1,291,661 $ 1,669,736 $ 1,876,705 8 9 Use of Funds 10 District Operating Expenses $ - $ 25,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 11 Repay Inter-District Loan @ 5% $ $ - $ 50,000 $ 50,000 $ 12,500 $ - $ - $ - $ - $ - $ - 12 Capital&Program Expenses $ - $ - $ 75,000 $ 250,000 $ 400,000 $ 550,000 $ 850,000 $ 1,000,000 $ 1,500,000 $ 1,700,000 13 Total Use of Funds $ $ 25,000 $ 100,000 $ 175,000 $ 312,500 $ 450,000 $ 600,000 $ 900,000 $ 1,050,000 $ 1,550,000 $ 1,750,000 14 Ending Balance $ 75,000 $ 88,172 $ 68,002 $ 18,303 $ 39,744 $ 65,332 $ 63,555 $ 75,958 $ 241,661 $ 119,736 $ 126,705 15 16 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Total 17 Beginning Balance $ 126,705 $ 140,411 $ 145,587 $ 157,697 $ 138,975 $ 170,261 $ 158,933 $ 112,733 $ 139,785 $ 148,614 18 Source of Funds 19 Total Revenue Allocation $ 1,863,706 $ 2,055,176 $ 2,362,110 $ 2,631,278 $ 2,781,286 $ 2,938,672 $ 3,103,800 $ 3,277,052 $ 3,458,829 $ 3,649,551 $ 35,085,665 20 MDC Inter-District Loan $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 75,000 21 Total Funds Available $ 1,990,411 $ 2,195,587 $ 2,507,697 $ 2,788,975 $ 2,920,261 $ 3,108,933 $ 3,262,733 $ 3,389,785 $ 3,598,614 $ 3,798,165 $ 35,160,665 22 23 Use of Funds 24 District Operating Expenses $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 975,000 25 Repay Inter-district Loan @ 5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 112,500 26 Capital&Program Expenses $ 1,800,000 $ 2,000,000 $ 2,300,000 $ 2,600,000 $ 2,700,000 $ 2,900,000 $ 3,100,000 $ 3,200,000 $ 3,400,000 $ 3,600,000 $ 33,925,000 27 Total Use of Funds $ 1,850,000 $ 2,050,000 $ 2,350,000 $ 2,650,000 $ 2,750,000 $ 2,950,000 $ 3,150,000 $ 3,250,000 $ 3,450,000 $ 3,650,000 $ 35,012,500 28 Ending Balance $ 140,411 $ 145,587 $ 157,697 $ 138,975 $ 170,261 $ 1-98,933 $ 112,733 $ 139,785 $ 148,614 $ 148,165 29 30 Assumptions 31 Initial District Start-up costs supported by MDC Inter-district Loan of$75,000 to be repaid at 5%Interest 32 A minimum of 10%of annual TIF yield dedicated to Meridian Development Corporation for District operating Expenses,capped at$50,000,Yr. 33 Land Values will increase at an average of 8%annually for 5 years then at 4%over the remaining life of the District 34 Improvement Values will increase at a rate of 10%for 5 years then at 5%over the remaining life of the District 35 Includes $90,000,000 in taxable investment on the property currently located in unincorporated Ada County but will be annexed to the City of Meridian prior to development Page 317 Item#14. Attachment 6 Agricultural Operation Consent 4837-9029-4001,v.7 Page 318 Item#14. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Doug Tamura, Member of Kobe, LLC, an Idaho limited liability company ("Kobe, LLC"), and states that Kobe, LLC owns that certain property generally described as Parcel Identification Number S 1201449707 in the real property records of Ada County, Idaho,and more particularly described on Exhibit A attached hereto and incorporated herein by reference (the"Property"), and hereby certifies: (1) that the Property has been used,within the last three (3)years, as an agricultural operation; and (2) that the undersigned has reviewed the materials provided in Exhibit B, and has had an opportunity to review the urban renewal eligibility report, dated May 2021, entitled Northern Gateway Urban Renewal District(Proposed) Eligibility Report,prepared by Kushlan Associates and as attached hereto as Exhibit C. Further, Doug Tamura, Member of Kobe, LLC, an Idaho limited liability company, hereby provides his consent and approval that the subject Property may be included within a proposed urban renewal area and may be deemed appropriate for inclusion within an urban renewal project area as defined by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended, as the property possesses certain characteristics of eligibility. td DATED this Aao day of , 2021. Kobe L GAL Na : DotA Tamura Title: Meniber Page 319 Item#14. STATE OF IDAHO ) ) ss: County of Ada ) This record was acknowledged before me on Z (date) by Doug Tamura on behalf of Kobe, LLC in his capacity as its Member. (stamp) ••���....•..�•� Notary Public , r•.•., q1D wkq� ti My Commission Expires on 17, •'�C�'ItY AUe'•. 't 4u•err S (�•. $X : OF���P•'• Page 320 Item#14. EXHIBIT A PARCEL NUMBER S1201449707 ADDRESS 104 W. Cherry,Meridian, ID 83642 DESCRIPTION PAR 49707 @ SE COR SE4SE4 SEC 1 3N 1 W #449705-B Ll ioo Dap va°pnp a _ aoop ❑v❑ o ; I i `I I o a ❑C,,�°a n ` J11111 ° p ° pa OOO no v p°apo p ° p o p ° . p ❑OpOpv O ° a p p r o v a o o cocoa p v o ° o D ° 4 la ° ° a o ° o ° N a v ° ° ° ° �+ p ° v t v a ° ° p ° O p ° Yy i±erry n - E Fairview Ave z F LJ r F _ To ve n -- e n" IL F�R -9 Page 321 Item#14. EXHIBIT B EXCERPTS OF STATUTES IDAHO CODE §§ 50-2018(8) AND (9) (8) "Deteriorated area" shall mean an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. Provided however, this definition shall not apply to any agricultural operation, as defined in section 22-4502 (2) , Idaho Code, absent the consent of the owner of the agricultural operation or to any forest land as defined in section 63- 1701 (4) , Idaho Code, absent the consent of the forest landowner, as defined in section 63-1701 (5) , Idaho Code, except for an agricultural operation or forest land that has not been used for three (3) consecutive years . (9) "Deteriorating area" shall mean an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; provided, that if such deteriorating area consists of open land the conditions contained in the proviso in section 50-2008 (d) , Idaho Code, shall apply; and provided further, that any disaster area referred to in section 50-2008 (g) , Idaho Code, shall constitute a deteriorating area. Provided however, this definition shall not apply to any agricultural operation, as defined in section 22-4502 (2) , Idaho Code, absent the consent of the owner of the agricultural operation or to any forest land as defined in section 63-1701 (4) , Idaho Code, absent the consent of the forest landowner, as defined in section 63- 1701 (5) , Idaho Code, except for an agricultural operation or forest land that has not been used for three (3) consecutive years . Page 322 Item#14. IDAHO CODE § 50-2008 50-2008 . PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT. (a) An urban renewal project for an urban renewal area shall not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area or a combination thereof and designated such area as appropriate for an urban renewal project. (b) An urban renewal agency may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to an urban renewal agency. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within sixty (60) days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission, or if no recommendations are received within said sixty (60) days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project prescribed by subsection (c) hereof. (c) The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration. (d) Following such hearing, the local governing body may approve an urban renewal project and the plan therefor if it finds that (1) a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan conforms to the general plan of the municipality as a whole; (3) the urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise: Provided, that if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as Page 323 Item#14. a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality, or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. (e) An urban renewal plan may be modified at any time: Provided that if modified after the lease or sale by the urban renewal agency of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee or successor in interest as the urban renewal agency may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert. (f) Upon the approval by the local governing body of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area, and the urban renewal agency may then cause such plan or modification to be carried out in accordance with its terms . (g) Notwithstanding any other provisions of this act, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the governor of the state has certified the need for disaster assistance under 42 U. S.C. section 5121, or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsection (d) of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project. (h) Any urban renewal plan containing a revenue allocation financing provision shall include the information set forth in section 50-2905, Idaho Code. Page 324 Item#14. IDAHO CODE §50-2903(8) (8) "Deteriorated area" means : (a) Any area, including a slum area, in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. (b) Any area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, results in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use. (c) Any area which is predominately open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. The provisions of section 50-2008 (d) , Idaho Code, shall apply to open areas . (d) Any area which the local governing body certifies is in need of redevelopment or rehabilitation as a result of a flood, storm, earthquake, or other natural disaster or catastrophe respecting which the governor of the state has certified the need for disaster assistance under any federal law. (e) Any area which by reason of its proximity to the border of an adjacent state is competitively disadvantaged in its ability to attract private investment, business or commercial development which would promote the purposes of this chapter. (f) "Deteriorated area" does not mean not developed beyond agricultural, or any agricultural operation as defined in section 22- 4502 (1) , Idaho Code, or any forest land as defined in section 63- 1701 (4) , Idaho Code, unless the owner of the agricultural operation or the forest landowner of the forest land gives written consent to be included in the deteriorated area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. Page 325 Item#14. EXHIBIT C ELIGIBILITY REPORT 4837-6502-2952,v. 1 Page 326 Item#14. C%"M- 1E N 1 �1 Northern Gateway Urban Renewal District (Proposed) Eligibility Report Prepared for The City of Meridian and The Meridian Development Corporation May 2021 planning and management services post office I*ox 8463 Boise,ID$37 Kushlan I Associates Boise, Idaho 11Page Page 327 Item#14. Introduction: Kushlan I Associates was retained by the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation (the "MDC")to assist in their consideration of establishing a new urban renewal district,[in the City of Meridian, Idaho, and its area of operation. Elected Officials serving the City of Meridian are: Mayor: Robert Simison Council President: Treg Bernt Council Vice President: Brad Hoaglun Council Members: Joe Borton Luke Cavener Liz Strader Jessica Perreault City Staff Community Development Director: Cameron Arial Idaho Code§50-2006 states: "URBAN RENEWAL AGENCY. (a)There is hereby created in each municipality an independent public body corporate and politic to be known as the "urban renewal agency" that was created by resolution as provided in section 50-2005, Idaho Code, before July 1, 2011, for the municipality..." to carry out the powers enumerated in the statutes. The Meridian City Council adopted Resolution 01-397 on July 24, 2001 bringing forth those powers within the City of Meridian. The Mayor,with the confirmation of the City Council,has appointed nine members to the MDC Board of Commissioners(the"MDC Board").The MDC Board currently oversees the implementation of three urban renewal districts. Two are focused on the revitalization of downtown Meridian. The first, the Meridian Revitalization Plan Urban Renewal Project (the "Downtown District") was established by the City Council's adoption of Ordinance No. 02-987 on December 3, 2002. The second district, the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District") was established with the adoption of Ordinance No. 20-1882 on June 9, 2020. Both the Downtown District and the Union District are focused on redevelopment activities in and around the City's downtown core. The third district,the Urban Renewal Plan for the Ten Mile Road-A Urban Renewal Project (the "Ten Mile District") was established by Ordinance No. 16-1695 adopted on June 21, 2016, and is focused on economic development outside of the City's core to support implementation of the Ten Mile Interchange Specific Area Plan. The current membership of the Commission is as follows: Chair: David Winder Vice Chairman Nathan Mueller Secretary/Treasurer Steve Vlassek Commissioners Dan Basalone Rob McCarvel Treg Bernt Tammy deWeerd Diane Bevan Kit Fitzgerald ' Throughout this Study,urban renewal/revenue allocation area will be referred to as an"urban renewal district." 2 1 P a g e Page 328 Item#14. Staff: Urban Renewal Administrator: Ashley Squyres Legal Counsel: Todd Lakey Map of the Downtown District (excluding shaded area) W CHERRY LIN E_7Ai•. i F z rr 1 W B"KWG 0157ApFC€ k y . 4A. N W331S 1"E 639.6V [� L2 5 88942'24"E W.05 D Q N 00133'15"E 336.24' 70 L4 5 M3679'E 464.82' o L.5 5 0I 22 54"W 976,24' LE N A'301 W 831.04' m m A rn z T WPINE AVE E PINE AVL L4 W IDAHOAVE L2 W BROADWAY AVE -" n J �„ " •;•-:: RAIL ROAD L5 aQ� 6 tsl�'L��1 W FRANKLIN RD �}/1G L�jp N 9°32'43"PY 12 T E FRAPVICUN RD 3s-- M m � p O z ❑ 77 � rn 11574 Aid � I O INTERSTATE 84 3 Page Page 329 Item#14. Map of Union District ONION❑r=CT CITY OF NEWMAN,ADA COUNTY;IDAHO I � E PINE AVE r , a m m IT i z A 9 4 ❑_ z ❑ Y 0 m Z -4 ti 1 A p 5L'E 4fiR 8 E MA"O AVE A mm .........................Fr ::::a ........................sea�rx4*F 3su.os• E 6ROAaWAY AVE —.............� 1. h M r { h"96°3tYl9"1V 831.i}4' I A 51 74 7 E FRANKLJN RD 9g 1*4 !9 17Z6.17' ---'-----'--- 1P 1��kG'V NT3 FAT: 2M a WASFUNGTON AVE Wa UNION DISTRICT EMMETT;IDR3613 &Ex ANNEXATION EXHIBIT MLLTRfAX M8-81a4 + to' MEFL6i,w,,o. F:�2Q8�34&$!Q5 1=4 SEC, 7, T3N. RIE. 8,1, 2DMJ4.011P AAA COUNTY. IDAHO 47+6VW.544Y7Op77ifS.COM ,OF 4 1 P a g e Page 330 Item#14. Map of Ten Mile Road District Franklin i Crest Wood r cv ¢w -�,,eenhead KSrnre c n H Pintail m E9re1 6 Bayeux Gander Waltman Brown n a Trout c m Eider t6 Y J J Verbena Legend N L NOya L Ten Mile Specdx Area Ran �Tasa Sil.verTerrace D Feva A1ftW nAre °,, . Dutch Farm oy jrhorn Overland o sw 1403 O —i Feat Background: While Native Americans inhabited the area for centuries, the development of the community of Meridian,as we know it today,evolved through the late nineteenth century. European settlement started in the 188os and was originally located on a farm owned by the Onweiler family. A school was opened in 1885. The U.S. Postal Service established a mail drop along the Oregon Short Line Railroad and the site was named Hunter after its superintendent. Community activity grew around this mail stop focused on the railroad. In 1893 an Odd Fellows lodge was organized and called itself Meridian, acknowledging that it was located on the Boise Meridian the primary North-South survey benchmark for Idaho. That name grew in primary use as the name of the settlement and the Village of Meridian was incorporated in 1903 with a population of approximately 200. The economy had traditionally been focused on the support of the surrounding agricultural activities. A major creamery was established in the community in 1897 to support the nearby dairies. Fruit orchards were located throughout the area. Meridian was a significant stop on the Interurban electric railway from 19o8 to 1928. This service provided convenient access for passengers and freight in both easterly and westerly directions. Throughout most of the loth century, Meridian remained a relatively quiet community focused on its agricultural roots.US Census Bureau data,reflects a 1910 population of 619 people growing to 2,616 by 1970. However, starting in 197o the pace of growth in Southwest Idaho quickened and Meridian's growth initially reflected, and then exceeded 5 1 P a g e Page 331 Item#14. the regional rates by significant margins. Over the past twenty-five years the rate of growth has been startling by any reasonable standard. The following table reflects that population growth over the city's history. 1903 (Incorporation Estimate) 200 1910 619 1920 1,013 1930 1,004 1940 1,465 1950 1,500 196o 2,100 1970 2,600 198o 6,658 1990 9,596 2000 34,919 2010 75,092 2020 114,200 2021(Estimate) 129,555 When income statistics are compared to statewide numbers, the population of Meridian compares favorably with the rest of Idaho in these categories. The median household income in Meridian is $71,389, approximately 28%above the statewide figure Of$55,785• Per capita money income for the Meridian population is $33,328 as compared to the statewide number of$27,970. The percentage of the Meridian population below poverty level is 8.6% as compared to the statewide number Of 11.2%. Investment Capacity: Cities across the nation actively participate in the economic vitality of their communities through investment in infrastructure. Water and sewer facilities as well as transportation, communication, electrical distribution and other systems are all integral elements of an economically viable community. Idaho cities have a significant challenge in responding to these demands along with the on-going need to reinvest in their general physical plant to ensure it does not deteriorate to the point of system failure. They face stringent statutory and constitutional limitations on revenue generation and debt as well as near total dependence upon state legislative action to provide funding options.These strictures severely constrain capital investment strategies. The tools made available to cities in Title 50,Chapters 20 and 29,the Urban Renewal Law and the Local Economic Development Act are some of the few that are available to assist communities in their efforts to support economic vitality. New sources of State support are unlikely to become available in the foreseeable future, thus the City of Meridian's interest in exploring the potential for establishing another urban renewal district is an appropriate public policy consideration. The City of Meridian initially established its Urban Renewal Agency in 2oo1. As noted above, the Downtown District's exclusive focus, limited by the boundaries of the district, is on the traditional downtown area of Meridian. The Ten Mile District was created in 2016 and was designed to support the implementation of the Ten Mile Interchange Specific Area Plan. A third urban renewal district was created in 2020 from an area de- 61Page Page 332 Item#14. annexed from the original Downtown District to support a significant mixed use-project. The Northern Gateway Urban Renewal District would, if approved by the MDC Board of Commissioners and Meridian City Council, would remove 133 parcels from the existing Downtown District2 and combine those with other properties and rights-of-way north of Fairview Avenue and southeast of Fairview Avenue to establish a new district. One large property(Kobe property~ 17.64 acres) currently under consideration for inclusion in the district remains outside the city limits and in unincorporated Ada County. To include this parcel in a district under the jurisdiction of MDC, an agreement would be required between the City and Ada County to permit this inclusion. Should annexation of this parcel be effectuated prior to the establishment of the district by the City Council, no agreement would be required. Comprehensive Plan: The City of Meridian Comprehensive Plan, updated in 2019 calls for a mixture of Office, High Density Residential, Commercial and Mixed-Use development in the Study Area under current review. The Study Area is in transition from a predominately single-family residential area dating back to the early years of the community. While many of the residences remain in their original use, many others have been converted to office uses creating a patchwork of uses with more intense commercial activity along the arterial streets. 2 The Second Amendment to the Meridian Revitalization Plan seeking to deannex certain parcels from the existing Downtown District,including those parcels that are contemplated to be considered for inclusion in the proposed Northern Gateway District,has been approved by the MDC Board and submitted to the City for its consideration. 7 1 P a g e Page 333 Item#14. i I I cm 4 ,[ Steps in Consideration of an Urban Renewal District: The first step in consideration of establishing an urban renewal district in Idaho is to define a potential area for analysis as to whether conditions exist within it to qualify for redevelopment activities under the statute.We have called this the"Study Area." The next step in the process is to review the conditions within the Study Area to determine whether the area is eligible for creating a district.The State Law governing urban renewal sets out the following criteria, at least one of which must be found, for an area to be considered eligible for urban renewal activities: 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of Site or Other Improvements 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 2. Age or Obsolescence 150-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout L50-2018(9) and 50-2903(8)(b)] 8 1 P a g e Page 334 Item#14. 4. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 150-2018(9) and 50-2903(8)(b); 50- 2903(8)(c)] 5. Insanitary or Unsafe Conditions L50-2oi8(9) and 50-2903(8)(b)] 6. Diversity of Ownership 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 7. Tax or Special Assessment Delinquency 150-2018(9) and 50-2903(8)(b)] 8. Defective or Unusual Conditions of Title L50-2oi8(9) and 50-2903(8)(b)] 9. Results in Economic Underdevelopment of the Area L50-2903(8)(b); 50- 2903(8)(c)] 10. Substantially Impairs or Arrests the Sound Growth of a Municipality 150- 2018(9) and 50-2903(8)(b); 50-2903(8)(c)] If the Eligibility Report finds that one or more of the conditions noted above exists within the Study Area,then the Agency may accept the findings and forward the Eligibility Report to the City Council for their consideration. If the City Council concurs with the determination of the Agency, they may direct that an Urban Renewal Plan be developed for the area that addresses the issues raised in the Eligibility Report. The Agency then acts to prepare the Urban Renewal Plan for the new District and establishing a Revenue Allocation Area to fund improvements called for in the Plan. Once the Plan for the District and Revenue Allocation Area are completed, the Agency Board forwards it to the City Council for their consideration. The City Council must refer the Urban Renewal Plan to the Planning and Zoning Commission to determine whether the Plan, as presented, is consistent with the City's Comprehensive Plan and make a corresponding finding. At the same time, other taxing entities levying property taxes within the boundaries of the proposed Urban Renewal District are provided a thirty-day opportunity to comment on the Plan to the City Council. While the taxing entities are invited to comment on the Plan, their concurrence is not required for the City Council to proceed with formal consideration. Based on legislative changes to Idaho Code § 50-2908(2)(a), effective July 1, 2020, the Ada County Highway District (ACHD) is allocated all of the taxes levied by ACHD within a revenue allocation area first formed or expanded to include property on or after July 1, 2020(including taxes levied on the base and increment values),which would apply to this proposed district,if formed. However,ACHD and MDC may enter into an agreement for a different allocation, which agreement shall be submitted to the State Tax Commission and to the Ada County Clerk by ACHD as soon as practicable after the parties have entered in the agreement and by no later than September i of the year in which the agreement takes effect. In the case of the Northern Gateway Study Area,the affected taxing districts for those properties located within the city limits of Meridian are: • The City of Meridian • The West Ada School District (School District No. 2) • Ada County 9 1 P a g e Page 335 Item#14. • Emergency Medical District/Ada County Ambulance • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho For the parcel located in unincorporated Ada County,the affected taxing districts are: • The West Ada School District(Joint School District No. 2) • Ada County • Emergency Medical District/Ada County Ambulance • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho • Meridian Fire District • Pest Extermination District Once the Planning and Zoning Commission makes their finding of conformity and the thirty-day comment period has passed, the City Council is permitted to hold a public hearing and formally consider the adoption of the Plan creating the new Urban Renewal District and Revenue Allocation Area. The City Council must also find that the taxable value of the district to be created plus the Base Assessed Value of any existing Urban Renewal / Revenue Allocation Area does not exceed the statutory maximum of io%of the citywide assessed valuation. If the City Council, in their discretion chooses to proceed, they will officially adopt the Urban Renewal Plan and Revenue Allocation Area and provide official notification of that action to the affected taxing districts, County Assessor and Idaho State Tax Commission. The Agency then proceeds to implement the Plan. Description of the Northern Gateway Study Area: The Study Area subject to the current review is generally located in the central part of Meridian, northeast of the City's downtown core, and is generally bounded by Meridian Road on the west to the intersection of Meridian Road and W.Cherry Lane travelling west and E. Fairview Avenue travelling east. The Study Area then includes a large 17.64-acre parcel(Kobe Property)bounded by W.Cherry Lane to the south and Meridian Road to the east. The Study Area also includes the commercial area east of Meridian Road and north of Fairview Avenue. The eastern boundary extends south along NE 5t'Avenue and then over to what would be NE 4th Street if extended, and then over to NE 3rd Street. The southern boundary extends to E. Pine Avenue between NE 3rd Street and NE end Street, and then travels up NE end Street and over E. Washington Avenue to connect back to Meridian Road. 101Page Page 336 Item#14. The size and value information presented in Attachment i was derived from the Ada County Assessor's on-line parcel information system3. The 2O20 taxable value of the portion of the Study Area located in unincorporated Ada County,represents exceptionally low assessed value as compared to the more developed area surrounding it located within the corporate limits of the City of Meridian. Land values in the more developed, commercially zoned areas range from approximately$5.00 to$15.00 per square foot. The unincorporated agricultural land reflects a current assessed value of$.04 per square foot consistent with assessed values assigned to agricultural properties in the broader area. As a comparison,the vacant parcel across Meridian Road within the city limits and zones for commercial purposes has an assessed value of$8.50 per square foot. Northern Gateway Urban Renewal Area � LegeM o�hem® a r I „ 1 The Study Area The Northern Gateway Study Area consists of one hundred fifty(15O)tax parcels located in central Meridian,northeast of the City's downtown core,and generally east of Meridian Road and south of Fairview Avenue.A portion of the Study Area fronts the north side of Fairview Avenue east of Meridian Road and there is a 17.64 acre parcel (Kobe Property) s For purposes of this Study,the 2020 taxable values were reviewed as at the time of this review the 2021 value information was not available. Use of the 2020 values provides a more conservative analysis as it is generally understood significant value increases will occur in 2021.Further,based on the adoption of H389,effective retroactive to January 1,2021,the Homeowner Property Tax Exemption will increase to a maximum of$125,000. This is anticipated to further reduce the base. Again,as the 2021 tax assessments were not yet available at the time this Study was prepared,the 2020 data has been used. The 10%analysis set forth below will ultimately be revisited in any further urban renewal plan. 111Page Page 337 Item#14. located at the northwest corner of Meridian Road and Cherry Lane included as well. The Kobe Property is undeveloped and retains its historic agricultural use. The Kobe Property is currently located in unincorporated Ada County necessitating an inter-governmental agreement between MDC and Ada County to permit its inclusion within the boundaries of any future revenue allocation area. The area contains 105.63 acres in 150 separate tax parcels not including public rights-of-way. The properties within the Study Area carry zoning designations consistent with its historic usage. Commercial zoning designations are in place on 59.55 acres (56.4% of the district). Residential zoning of R-8 and R-15 predominate in the area. One parcel is zoned R-40. Commercial zoning is in place on 104 of the parcels. Residential zoning of R-8 occupies 11.61 acres, R-15 occupies 14.54 acres and R-40 occupies 2.29 acres. Properties designated as residential constitute 26.9%of the total acreage. The balance of the area is zoned Rural Urban Transition (RUT) in unincorporated Ada County. Ada County Assessor records show that 28 of the residential properties reflect a Homeowners Property Tax Exemption indicating they are owner occupied residences. Nineteen(19)vacant parcels represent 28.75% of the total land area of the Study Area. Religious and fraternal institutions and governmental entities occupy 13 tax parcels representing 8%of the total. The Study Area is one of the older developed areas in the community. As noted above, Meridian was established in the 188os and eventually incorporated as a Village under Idaho law in 1903. Most of the structures constructed as residences date to the first 20 years of the loth Century and most predate 1960. Many of these residential structures have transitioned into commercial uses over time. When the improvement value assigned to a parcel is less than or approaches the land value, a deteriorated or deteriorating condition is present.National real estate appraisal standards suggest that in an economically viable property,land value should contribute approximately 30% of the total value leaving 70%to the improvements.As that ratio shifts,with improvement value declining as a proportion of the total, a condition of disinvestment is determined to be present.At a point when the improvement value represents less than 50%of the total(i.e. improvement value is less than land value) such condition represents a"deteriorated condition"for the purposes of this analysis.We have assumed for this Study that those properties with improvement values less than 150 of land value approach the "deteriorated condition" and thus can be classified as "deteriorating" under the definitions in state law. With these benchmarks in mind, we find that 33 properties (20.4%) reflect improvement values less than land values and an additional 23 properties(14.2%)reflect improvement values less than 150%of land values. When considered together, 56 properties representing 34.6% of the total taxable parcels reflect a deteriorated or deteriorating condition. Streets: Fairview/Cherry Lane, Meridian Road, Main Street and Pine Avenue constitute the backbone of the street network in the Study Area. These streets have received recent investment with their condition reflecting current urban standards. The 17.64-acre Kobe property has not been subdivided to accommodate the vision expressed in the City's Comprehensive Plan, so no street network has been established in this property which represents the largest single land holding in the Study Area. The 4.o-acre parcel located at the extreme northerly edge of the Study Area has no direct access to a public street and therefore is landlocked. The area south of Fairview reflects a fine-grained grid pattern 121Page Page 338 Item#14. common to communities developed in the early loth century. However, the grid is incomplete in a number of places. For example, NE 3rd Street is interrupted in three places. Similar interruptions can be found on Gruber Avenue, Bradley Avenue and Washington Avenue. Improvement conditions reflecting current City and ACHD standards are in place in parts of the Study Area, but significant portions still lack curb, gutter and sidewalks. Pavement conditions vary from Good to Poor. Sections of East Washington and East Carlton located east of NE 21/2 Street appear to provide only half of the street width. Illumination: Street lighting levels are inconsistent creating a hazard as drivers'eyes must frequently adjust to differing light levels potentially obscuring pedestrians and roadway obstructions. Spacing between standard lighting fixtures varies throughout the Study Area and some arterial sections have smaller-scale decorative lighting in lieu of the standard fixture. Sidewalks: Pedestrian facilities are incomplete. Even where curb and gutter sections have been installed, sidewalks are often nonexistent. The fine-grained street grid pattern invites movements through the area on foot. Yet, in many situations in the Study Area, pedestrian traffic is forced to walk in the street due to a lack of facilities to accommodate that type of traffic. Storm Drainage: Those areas without modern curb and gutter sections in place also do not provide a means to collect and dispose of storm drainage or snow melt. This condition allows for surface ponding undermining the integrity of the street surface and obscuring hazards in wet conditions. Water System: A major portion of the Study Area is served by an 8"pipe grid providing looping for sufficient redundancy in case of a failure of a section of pipe. However, the City's Water System Master Plan notes several locations where 6" pipes remain in place and one location, north of Pine Avenue, on NE end Street is served by a 4"pipe. These 6" and 4" pipes would provide insufficient capacity to support fire flows as the area redevelops as envisioned in the Comprehensive Plan. Sewage Collection System: No deficiencies in this area were noted. Analysis of the Study Area: A review of the Study Area reflects an area in transition. Much of the traditional housing stock has been converted to commercial uses and investment in multi-family structures has occurred in some instances. These investments reflect the vision expressed in the City's Comprehensive Plan. However, many of the residential structures remain in that use suggesting an area in transition. Substantial investment in public infrastructure throughout the entire Study Area will be required to support the achievement of the City's vision. The Kobe property will require investment as it currently has no infrastructure, other than the peripheral arterial streets, to support development consistent with the Comprehensive Plan. Meaningful progress may depend upon some level of public intervention to support the private investment envisioned in the Plan. For the convenience of the reader,the statutory criteria are reiterated,at least one of which must be found to qualify an area for urban renewal activities. Those conditions are: 131Page Page 339 Item#14. 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of Site or Other Improvements 150-2o18(g)and 50-2903(8)(b); 50-2903(8)(c)] 2. Age or Obsolescence L50-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout 150-2018(9) and 50- 2903(8)(b)] 4. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 5. Insanitary or Unsafe Conditions L50-2o18(9) and 50-2903(8)(b)] 6. Diversity of Ownership 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 7. Tax or Special Assessment Delinquency 150-2018(9) and 50-2903(8)(b)] 8. Defective or Unusual Conditions of Title 150-2018(9) and 50-2903(8)(b)] 9. Results in Economic Underdevelopment of the Area 150-2903(8)(b); 50- 2903(8)(c)] 10. Substantially Impairs or Arrests the Sound Growth of a Municipality 150-2018(9) and 50-2903(8)(b), 50-2903(8)(c)] Analysis: Northern GatewaX Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: We found that 33 properties (20.4%) reflect improvement values less than land values and an additional 23 properties(14.2%) reflect improvement values less than 150% of land values. When considered together, 56 properties representing 34.6% of the total taxable parcels reflect a deteriorated or deteriorating condition. Therefore, criterion #1 is met. Criterion #2: Age or Obsolescence: Most of the structures within the Study Area date from the first half of the loth Century.Most were constructed as residential buildings and while many having been converted to office uses, modern requirements for commercial use suggests the converted homes will eventually transition into more up-to-date office/commercial designs. A manufactured home community occupies land along NE 3rd Street that is designated for High Density Residential uses in the Comprehensive Plan. Over 28 acres in the Study Area,which is located in the central part of the City, northeast of the City's downtown core,remains vacant despite the City's articulated vision calling for a significantly more intense development pattern. Therefore, criterion #2 is met. Criterion #3: Predominance of Defective or Inadequate Street Layout: As noted above, certain streets in the Study Area are interrupted creating breaks in the traditional street grid pattern, which impairs traffic circulation and mobility goals. Several sections do not meet current urban street development standards. Therefore, criterion #3 is met. 141Page Page 340 Item#14. Criterion #4: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness; Obsolete Platting: One 4-acre parcel located north of Fairview Avenue has no direct access to a public right-of-way. The Kobe 17.67-acre parcel has not been subdivided to accommodate the development pattern envisioned in City planning documents. Large vacant parcels south of Fairview interrupt the historic grid pattern of streets. The small residential parcel sizes impair development consistent with the Comprehensive Plan as property assembly would be necessary. Therefore, criterion #4 is met. Criterion #5: Insanitary or Unsafe Conditions: The lack of a complete system of sidewalks forcing pedestrians into the street creates an unsafe condition. This condition forces vehicles,bicycles and pedestrians to share roadways in an inconsistent manner and impairs multi-modal usages and overall mobility. Inconsistent street lighting patterns contribute to an unsafe driving situation. Therefore, criterion #5 is met. Criterion #6: Diversity of Ownership: The ownership of the 105.63 acres in the Study Area is in the hands of one hundred fifty(150)entities. Such diversity of ownership creates significant issues with property assemblage necessary to support the goals of the City's Comprehensive Plan. Therefore, criterion #6 is met. Criterion#7. Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion#7 is not met. Criterion #8:Defective or unusual condition of title: No defective or unusual conditions of title are reflected in Ada County records. Therefore, criterion #8 is not met. Criterion #9: Results in Economic Underdevelopment of the Area: Current uses within the Study Area are inconsistent with the goals set forth in the City's Comprehensive Plan. Additionally, as set forth above, a significant number of parcels reflect deteriorated or deteriorated conditions showing significant disinvestment in the Study Area. More than Twenty-eight(28.75)vacant acres in the central part of the City,one of the fastest growing communities in the nation, further suggests "Economic Underdevelopment" exists in the Study Area.Therefore, criterion#9 is met. Criterion#10:Substantially Impairs orArrests the Sound Growth of a Municipality:The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. The City of Meridian has expressed its vision for this area in the creation and adoption of the Comprehensive Plan,but without the capacity to provide full public infrastructure,the Study Area will remain an under-utilized area in the midst of the fastest growing area in the State of Idaho. Criterion#10 is met. Findings: Northern Gateway Conditions exist within the Study Area to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Summary of Findings Criteria Met Not Met 1 The Presence of a Substantial Number of Deteriorated X or Deteriorating Structures; and Deterioration of Site 151Page Page 341 Item#14. 2 Age or Obsolescence X 3 Predominance of Defective or Inadequate Street X Layout 4 Faulty Lot Layout in Relation to Size,Adequacy, X Accessibility or Usefulness; Obsolete Platting 5 Insanitary or Unsafe Conditions X 6 Diversity of Ownership X 7 Tax or Special Assessment Delinquency X 8 Defective or unusual condition of title X 9 Results in Economic Underdevelopment of the Area X io Substantially Impairs or Arrests the Sound Growth of X a Municipality Analysis: Open Land Conditions: In addition to the eligibility conditions identified above, the geographic area under review also considers the "open land" conditions.Idaho Code Section 50-2903(8)(c)states: "[a]ny area which is predominately4 open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality.The provisions of section 50-2oo8(d), Idaho Code,shall apply to open areas." The eligibility criteria set forth in Idaho Code Section 50-2903(8)(c) for predominantly open land areas mirror or are the same as those criteria set forth in Idaho Code Sections 50-2o18(9) and 50-2903(8)(b). "Diversity of ownership" is the same, while "obsolete platting" appears to be equivalent to "faulty lot layout in relation to size, adequacy, accessibility,or usefulness.""Deterioration of structures or improvements"is the same or similar to "a substantial number of deteriorated or deteriorating structures" and "deterioration of site or other improvements."There is also an additional qualification that the provisions of Idaho Code Section 50-2oo8(d)shall apply to open areas. Idaho Code Section 50-2008 primarily addresses the urban renewal plan approval process and Idaho Code Section 50-20o8(d)(4) sets forth certain conditions and findings for agency acquisition of open land as follows: the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise: Provided, that if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for a The statutes governing urban renewal set forth in Title 50,Chapters 20 and 29,Idaho Code,do not provide any guidance as to the definition of"predominantly." It is assumed for purposes of this Study that predominantly means more than 50%of the Study Area is"open land." Less than 25%of the parcels within the Study Area could conceivably fall within an open land designation.While the Study Area includes parcels that likely qualify as"open land,"making the findings pursuant to Idaho Code Section 50- 2903(8)(c)is not required. 161Page Page 342 Item#14. housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality,or(2)if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. In sum,there is one set of findings if the area of open land is to be acquired and developed for residential uses and a separate set of findings if the land is to be acquired and developed for nonresidential uses. Basically,open land areas may be acquired by an urban renewal agency and developed for nonresidential uses if such acquisition is necessary to solve various problems, associated with the land or the infrastructure, that have delayed the area's development. These problems include defective or usual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout. All of the stated conditions are included in one form or another in the definition of a deteriorated area and/or a deteriorating area set forth in Idaho Code Sections 50-2903(8)(b) and 50-2o18(g). The conditions listed only in Section 50- 2oo8(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and"the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area." The conclusion of this discussion concerning open land areas is that the area qualifies if any of the eligibility conditions set forth in Idaho Code Sections 50-2018(g) and 50- 2903(8)(b) apply. Alternatively, the area under consideration qualifies if any of the conditions listed only in Idaho Code Section 50-2oo8(d)(4)(2) apply.The size of some of the parcels, the lack of water and sewer facilities in the undeveloped portion of the Study Area; a nonexistent access and internal street system; an inadequate storm drain system; and lack of fire protection, are all conditions which delay development of the large undeveloped properties in the Study Area. Based on the above analysis, to the extent the Study Area is "predominantly open land," which is not a defined term, obsolete platting/faulty lot layout and economic underdevelopment are conditions found in the Study Area, and therefore, the open land condition is satisfied. 171Page Page 343 Item#14. Other Relevant Issues: Agricultural Landowners Concurrence: The statutory provisions concerning the creation of an urban renewal district prohibit inclusion of any land used for an agricultural operation without the express written consent of the property owner.An agricultural operation is broadly defined in Idaho Code § 22-4502(2) and means "an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses..." One method of determining whether there exists an agricultural operation on a parcel is the presence of an agricultural property tax exemptions.As of the date of this Eligibility Study, one parcel, the Kobe property, particularly located in the northwest corner of the Study Area,maintains assessed values consistent with other agricultural lands and appears,from a visual inspection, to be an active agricultural operation. As a result, property owner consent is required prior to final consideration of the proposed district's creation. CONCLUSION: Based upon the data and the conditions that exist within the Study Area as noted above, the Meridian Development Corporation Board and Meridian City Council may determine that the Northern Gateway Study Area is eligible for the establishment of an urban renewal district. lo% Analysis: In addition to the findings reported above, verification that the assessed value of the proposed Study Area is within the statutory limits is needed. State Law limits the percentage of values on the combined base assessment rolls that can be included in urban renewal / revenue allocation districts to lo% of the current assessed valuation of all taxable property within the City. According to Ada County Assessor records, the 20206 total certified value for the City of Meridian is $13,230,528,301 (does not include operating property). This number does not reflect exemptions. Therefore, taking a more conservative approach, the net taxable value for this calculation is used. That number is $10,375,837,804. As shown in the analysis in Table 1 the current taxable value of the entire Study Area is estimated to be $68,832,947• This value then must be added to the Base Assessed Values of the Downtown District,the Ten Mile District and the Union District to test for the io%limitation. Given that at this time the City and MDC are considering the potential creation of an additional urban renewal district (the Linder URD) and an amendment to the Union URD to add additional area pursuant to Idaho Code Section 50-2033,we added their assessed values to this analysis to provide decision makers with the scale of the various districts compared to the statutory limitation. The analysis for these purposes in presented in Table 1,below. The combined base assessment roll values remain well below the statutory limit. Table i Statutory io%Limitation Analysis s With House Bill 560(2020)effective July 1,2020,eliminating the property tax exemption for agricultural land and replacing it with a method to value agricultural land,going forward the method to determine the existence of an agricultural operation will change. 6 At the time this Study was prepared the 2021 values were not available. It is generally understood the 2021 values will increase;therefore,using the 2020 assessed values may be more conservative than the current conditions. 181Page Page 344 Item#14. Area Taxable Value Percentage Total City $10,375,837,804 100% Downtown URD Base Value $146,334,050 1.41% Ten Mile URD $ 39,539,125 0.38% Union URD $2,144,36o 0.02% Proposed Northern Gateway URD $68,832,974 o.66% *Proposed Linder URD $11,978,500 0.12% *Proposed Union District Addition (est.) $3,414,100 0.03% Total UR Base Assessed Value Percentagej $272,2439109 2.62% *The MDC Board has considered and accepted the proposed Linder District Eligibility Study. The MDC Board is anticipated to consider the eligibility of the proposed Union District Addition in June. The effect of creating this district on the capacity of the City and MDC to consider future districts should they choose to do so is also explored. The table below shows there is capacity to consider additional districts. Table 2 Remaining Urban Renewal Capacity Maximum 1o% Limitation $1,037,583,78o 10% Downtown URD $146,334,779 1.41% Ten Mile URD $39,539,125 0.38% Union URD $2,144,36o 0.02% Proposed Northern Gateway URD $68,832,947 o.66% Proposed Linder URD $11,996,035 0.12% Proposed Union District Addition(est.) $3,414,100 0..03% Available AV within limitation $765,340,671 7.38% 191Page Page 345 Item#14. ATTACHMENT i (Parcel Information) 4852-0604-1321,v. 6 201Page Page 346 Item#14. Parcel Number Site Address Lot size Lot Size Sq Zoning Total Land Assessed Total Improvement Total Taxable Homeowners Net Taxable Acres Feet Value Assessed Value Exemption Value R6129020781 35 East Fairview Avenue 1.78 77406 Com Bus $ 967,600 $ 1,714,000 $ 2,681,600 $ $ 2,681,600 R6129020742 1615 N Main St 0.36 15812 Com Misc $ 189,700 $ 126,300 $ 316,000 $ $ 316,000 R6129020725 1603 N Main 0.68 29708 Com Bus $ 356,500 $ 44,400 $ 400,900 $ $ 400,900 R6129020670 1635 N Main 0.59 25700 Com Misc $ 308,400 $ 581,100 $ 889,500 $ $ 889,500 R6129020650 1519 N Main Street 0.72 31363 1 Com Misc $ 282,300 $ 111,400 $ 393,700 $ $ 393,700 R6129020611 1508 N Meridian RD 0.53 23087 Com Bus $ 127,300 $ 156,100 $ 283,400 $ $ 283,400 R6129020520 1434 N Meridian Rd 0.26 11238 Com Misc $ 112,400 $ 172,800 $ 285,200 $ $ 285,200 R6129020540 1428 N Meridian Rd 0.2 8712 Com Bus $ 91,400 $ 121,200 $ 212,600 $ $ 212,600 R6129020490 1422 N Meridian Rd 0.2 8712 Com Bus $ 91,400 $ 173,200 $ 264,600 $ $ 264,600 R6129020500 1423 N Main St 0.31 13504 Com Misc $ 121,500 $ 187,300 $ 308,800 $ $ 308,800 R6129020510 1414 N Meridian Rd 0.14 6184 Com Bus $ 79,500 $ 135,200 $ 214,700 $ $ 214,700 R6129020532 1402 N Meridian Rd 0.28 12284 Com Bus $ 96,400 $ 132,700 $ 229,100 $ $ 229,100 R6129020560 1332 N Meridian Rd 0.64 28096 Com Bus $ 210,700 $ - $ 210,700 $ - $ 210,700 R6129020360 1324 N Meridian Rd 0.4 17424 Com Bus $ 115,100 $ 244,600 $ 359,700 $ 100,000 $ 259,700 R6129020330 1308 N Meridian Rd 0.22 9583 Com Misc $ 105,400 $ 5,100 $ 110,500 $ - $ 110,500 R6129020311 N Meridian Rd 0.07 2919 Com Misc $ 32,100 $ - $ 32,100 $ - $ 32,100 R6129020300 1304 N Meridian Rd 0.2 8712 Com Bus $ 91,400 $ 140,500 $ 231,900 $ 100,000 $ 131,900 R6129020295 1234 N Meridian Rd 0.68 29839 Com Bus $ 145,500 $ 118,700 $ 264,200 $ $ 264,200 R8193140010 1220 N Meridian RD 0.39 16945 Com Misc $ 152,500 $ 332,400 $ 484,900 $ - $ 484,900 R6129020167 16 E.Washington Ave 0.23 9975 R-15 $ 86,300 $ 165,000 $ 251,300 $ 100,000 $ 151,300 R6129020180 26 E Washington Ave 0.24 10454 R-15 $ 91,400 $ 108,600 $ 200,000 $ 100,000 $ 100,000 R6129020195 38 E Washington Ave 0.16 6970 R-15 $ 82,900 $ 147,700 $ 230,600 $ 82,276 $ 148,324 R6129020205 46 E Washington 0.16 6970 R-15 $ 82,900 $ 8,900 $ 91,800 $ $ 91,800 R6129020215 1203 N Main Street 0.4 17424 Com Misc $ 191,700 $ 82,600 $ 274,300 $ $ 274,300 R8193140020 1225 N Main Street 0.44 19123 Old Town $ 115,100 $ 215,000 $ 330,100 $ $ 330,100 R6129020260 1233 N Main Street 0.22 9583 Com Misc $ 95,800 $ 210,100 $ 305,900 $ - $ 305,900 R6129020320 1303 N Main Street 0.29 12632 Com Misc $ 126,300 $ 64,200 $ 190,500 $ $ 190,500 R6129020315 1311 N Main Street 0.54 23653 Com Misc $ 236,500 $ 164,200 $ 400,700 $ - $ 400,700 R6129020341 1323 N Main Street 0.64 27878 Com Misc $ 278,600 $ 231,400 $ 510,000 $ 100,000 $ 410,000 R6129020370 1335 N Main Street 0.14 6098 Com Misc $ 61,000 $ 167,600 $ 228,600 $ $ 228,600 R6129020385 1403 Nmain Street 0.52 22521 Com Misc $ 225,200 $ 100,000 $ 325,200 $ $ 325,200 R6129020431 1409 N Main Street 0.23 10019 Com Misc $ 100,200 $ 101,500 $ 201,700 $ $ 201,700 R6129020450 N Main Street 0.27 11761 Com Misc $ 105,800 $ 9,000 $ 114,800 $ $ 114,800 R6129020420 N Main Street 0.3 13068 Com Misc $ 130,700 $ - $ 130,700 $ $ 130,700 R6129020400 1423 N Main St 0.32 13939 Com Misc $ 139,400 $ 227,400 $ 366,800 $ $ 366,800 R6129020570 1515 N Main St 0.52 22651 Com Misc $ 226,500 $ 143,400 $ 369,900 $ - $ 369,900 S1107223270 1682 N Main St 0.92 40075 Com Misc $ 521,000 $ 493,200 $ 1,014,200 $ $ 1,014,200 S1107223280 1626 N Main St 0.89 38768 Com Misc $ 310,100 $ 981,000 $ 1,291,100 $ $ 1,291,100 S1107223268 207 E Fairview Ave 1.1 48134 Com Misc $ 575,600 $ 477,600 $ 1,053,200 $ $ 1,053,200 S1107223200 1600 N Main St 2.72 118483 Com Bus $ 947,900 $ 2,836,200 $ 3,784,100 $ $ 3,784,100 S1107223350 1518 N Main St 0.62 27007 Com Misc $ 270,100 $ 640,200 $ 910,300 $ $ 910,300 S1107223370 1510 N Main St 0.28 12197 Com Misc $ 122,000 $ 216,800 $ 338,800 $ $ 338,800 S1107223380 1504 N Main St 0.25 10890 Com Misc $ 108,900 $ 79,700 $ 188,600 $ $ 188,600 S1107223400 1420 N Main St 0.35 15246 Com Misc $ 152,500 $ 103,300 $ 255,800 $ $ 255,800 S1107223420 1412 N Main St 0.35 15246 Com Misc $ 152,500 $ 189,600 $ 342,100 $ $ 342,100 S1107223435 1406 N Main St 0.72 31363 Com Bus $ 282,300 $ 1,135,600 $ 1,417,900 $ $ 1,417,900 S1107223480 1404 N Main St 0.35 15246 Com Bus $ 152,500 $ 839,100 $ 991,600 $ $ 991,600 S1107223500 1332 N Main St 0.35 15246 Com Bus $ 152,500 $ 147,400 $ 299,900 $ $ 299,900 S1107223510 1326 N Main St 0.35 15246 Com Bus $ 152,500 $ 145,700 $ 298,200 $ $ 298,200 S1107223520 1320 N Main St 0.35 15246 Com Bus $ 97,100 $ 81,800 $ 178,900 $ $ 178,900 S1107223530 1310 N Main St 0.35 15246 Com Bus $ 152,500 $ 136,400 $ 288,900 $ $ 288,900 S1107223599 1302 N Main St 0.51 22216 R-15 $ 222,200 $ 320,800 $ 543,000 $ $ 543,000 S1107223160 1435 NE 2nd 1/2 Street 0.32 13939 Old Town $ 97,600 $ - $ 97,600 $ $ 97,600 S1107223150 1431 NE 2nd 1/2 Street 0.32 13939 Old Town $ 97,100 $ $ 97,100 $ $ 97,100 S1107223125 1421 NE 2nd 1/2 Street 0.18 7841 Old Town $ 81,500 $ $ 81,500 $ $ 81,500 S1107223100 1421 NE 2nd 1/2 Street 0.48 21127 Old Town $ 147,900 $ $ 147,900 $ - $ 147,900 S1107223090 1411 NE 2nd 1/2 Street 0.06 2744 Old Town $ 19,200 $ $ 19,200 $ $ 19,200 S1107223085 1411 NE 2nd 1/2 Street 0.16 7187 Old Town $ 50,300 $ $ 50,300 $ $ 50,300 S1107223082 1403 NE 2nd 1/2 Street 0.15 6534 Old Town $ 45,700 $ $ 45,700 $ $ 45,700 S1107223080 1403 NE 2nd 1/2 Street 0.24 10280 Old Town $ 72,000 $ $ 72,000 $ $ 72,000 S1107223070 1349 NE 2nd 1/2 Street 0.49 21344 Old Town $ 149,400 $ $ 149,400 $ $ 149,400 S1107223065 NE 2nd 1/2 Street 0.35 15290 Old Town $ 107,000 $ $ 107,000 $ $ 107,000 S1107223055 1331 NE 2nd 1/2 Street 0.25 10890 R-15 $ 92,600 $ $ 92,600 $ $ 92,600 S1107223040 1323 NE 2nd 1/2 Street 0.33 14375 R-15 $ 122,200 $ $ 122,200 $ $ 122,200 S1107223030 1313 NE 2nd 1/2 Street 0.33 14375 R-15 $ 97,100 $ 94,400 $ 191,500 $ $ 191,500 S1107223020 1305 NE 2nd 1/2 Street 0.33 14375 R-15 $ 97,100 $ 74,700 $ 171,800 $ $ 171,800 S1107223010 1237 NE 2nd 1/2 Street 0.33 14375 R-15 $ 97,100 $ - $ 97,100 $ $ 97,100 R7745460030 1225 NE 2nd 1/2 Street 1.35 58719 L-0 $ - $ $ $ $ - R7745460040 1175 NE 2nd 1/2 Street 0.22 9409 L-0 $ $ $ $ $ - R7745460020 1153 NE 2nd 1/2 Street 0.53 23087 R-15 $ $ $ $ $ R7745460010 200 E Carlton Ave 1.32 57281 L-0 $ $ $ $ $ - R6129010210 211 E Carlton Ave 0.32 13939 Old Town $ $ $ $ $ R1578000275 211 E Carlton Ave 0.14 6098 Old Town $ $ $ $ $ - R1578000280 1029 NE Third St. 0.28 12197 Old Town $ 96,400 $ 259,900 $ 356,300 $ 100,000 $ 256,300 R1578000262 1013 NE Third Ave 0.15 Old Town $ 79,500 $ 183,900 $ 263,400 $ - $ 2 R1578000264 234 E State Street 0.12 Old Town $ 71,100 $ 171,900 $ 243,000 $ - $ 2 Page 347 Item#14. Parcel Number Site Address Lot size Lot Size Sq Zoning Total Land Assessed Total Improvement Total Taxable Homeowners Net Taxable Acres Feet Value Assessed Value Exemption Value R1578000270 226 E State Ave 0.14 6098 Old Town $ 79,500 $ 153,300 $ 232,800 $ 100,000 $ 132,800 R6129010205 216 E State Ave 0.08 3485 Old Town $ 71,100 $ 77,100 $ 148,200 $ - $ 148,200 R6129010195 206 E State Ave 0.16 6970 Old Town $ 82,900 $ 112,200 $ 195,100 $ $ 195,100 R6129010190 1014 NE 2nd St 0.08 3485 Old Town $ 55,000 $ 109,700 $ 164,700 $ $ 164,700 R6129010170 211 E State Ave 0.32 1 13939 Old Town $ 102,800 $ 50,100 $ 152,900 $ $ 152,900 R1578000242 221 E State Ave 0.19 8276 Old Town $ 86,300 $ 169,500 $ 255,800 $ 100,000 $ 155,800 R1578000246 E State St 0.16 6970 Old Town $ 82,900 $ 5,000 $ 87,900 $ - $ 87,900 71578000251 237 E State Ave 0.18 7841 Old Town $ - $ - $ - $ - $ - R1578000220 238 E Pine Ave 0.14 6098 Old Town $ 75,300 $ 134,500 $ 209,800 $ 100,000 $ 109,800 71578000225 232 E Pine Ave 0.1 4356 Old Town $ 71,100 $ 94,400 $ 165,500 $ - $ 165,500 R1578000230 226 E Pine Ave 0.1 4356 Old Town $ 71,100 $ 127,500 $ 198,600 $ 100,000 $ 98,600 R1578000235 220 E Pine Ave 0.11 4792 Old Town $ 75,300 $ 104,300 $ 179,600 $ - $ 179,600 R6129000160 214 E Pine Ave 0.22 9365 Old Town $ 91,400 $ 133,600 $ 225,000 $ $ 225,000 76129000150 914 NE 2nd St 0.16 6970 Old Town $ 79,500 $ 121,500 $ 201,000 $ $ 201,000 R5672000940 211 E Pine Ave 0.42 18208 Old Town $ 163,900 $ 538,600 $ 702,500 $ $ 702,500 R7596000010 235 E Pine Ave 0.53 23217 Old Town $ - $ - $ - $ $ - R7596000040 240 E Idaho Ave 0.47 20473 old Town $ - $ $ $ $ R5672000915 800 NE 2nd St 0.32 13939 Old Town $ $ $ $ $ S1107244450 1108 NE 2nd 1/2 St 3.55 154725 R-15 $ $ $ $ $ - S1107244600 1210 NE 2nd 1/2St 0.39 16988 R-15 $ 97,100 $ 50,400 $ 147,500 $ $ 147,500 S1107244572 272 E Washington Ave 0.23 9975 R-15 $ 86,300 $ 91,500 $ 177,800 $ 100,000 $ 77,800 S1107244550 302 E Washington Ave 0.36 15812 R-15 $ 102,800 $ 78,200 $ 181,000 $ - $ 181,000 S1107244500 312 E Washington Ave 0.48 21083 R-15 $ 115,100 $ 81,900 $ 197,000 $ 100,000 $ 97,000 S1107244425 358 E Washington Ave 0.22 9583 R-15 $ 91,400 $ 62,500 $ 153,900 $ 93,450 $ 60,450 S1107244410 372 E Washington Ave 0.44 19166 R-15 $ 115,100 $ 218,900 $ 334,000 $ - $ 334,000 S1107244400 1233 NE 4th St 1.08 47045 R-15 $ 235,200 $ 981,300 $ 1,216,500 $ $ 1,216,500 S1107244650 1226 NE 2nd 1/2 St 0.36 15551 Old Town $ 77,800 $ 277,000 $ 354,800 $ $ 354,800 R8533900020 123 NE 2nd 1/2 St 0.17 7536 R-15 $ 82,900 $ 219,200 $ 302,100 $ $ 302,100 R5518460010 NE 2nd 1/2 St 0.5 21562 R-15 $ - $ - $ - $ $ - R5518460030 1260 NE 2nd 1/2 St 0 0 R-15 $ $ 119,900 $ 119,900 $ $ 119,900 R5518460050 1266 NE 2nd 1/2 St 0 0 R-15 $ $ 113,700 $ 113,700 $ $ 113,700 R5518460060 1278 NE 2nd 1/2 St 0 0 R-15 $ $ 121,200 $ 121,200 $ $ 121,200 R5518460080 1296 NE 2nd 1/2 St 0 0 R-15 $ $ 115,000 $ 115,000 $ $ 115,000 R5739800100 1304 NE 2nd 1/2 St 0.14 6098 R-15 $ 75,100 $ 109,500 $ 184,600 $ $ 184,600 R5739800010 1312 NE 2nd 1/2 St 0.25 10860 R-15 $ 86,300 $ 191,700 $ 278,000 $ $ 278,000 R5739800050 NE 3rd St 1.72 74923 R-15 $ 206,000 $ - $ 206,000 $ $ 206,000 R6492000005 1335 NE 4th St 0.31 13373 R-8 $ 97,100 $ - $ 97,100 $ $ 97,100 R6492000015 1330 NE 3rd St 0.14 6142 R-8 $ 75,100 $ 154,300 $ 229,400 $ $ 229,400 R6492000045 1331 NE 3rd St 0.14 6142 R-8 $ 75,100 $ 154,300 $ 229,400 $ $ 229,400 R6492000055 1328 NE 2nd 1/2 St 0.35 15246 R-8 $ 97,100 $ 161,900 $ 259,000 $ 100,000 $ 159,000 R6492000065 1334 NE 2nd 1/2 St 0.14 6098 R-8 $ 75,100 $ 154,300 $ 229,400 $ - $ 229,400 R6492000075 206 E Badley Ave 0.18 7841 R-8 $ 81,500 $ 146,400 $ 227,900 $ $ 227,900 R6492000085 1335 NE 3rd St 0.14 6098 R-8 $ 75,100 $ 154,300 $ 229,400 $ $ 229,400 R6492000025 1336 NE 3rd St 0.14 6098 R-8 $ 75,100 $ 154,300 $ 229,400 $ $ 229,400 R6492000036 371 E Badley Ave 0.16 7144 R-8 $ 78,300 $ 137,600 $ 215,900 $ 100,000 $ 115,900 R6492000037 399 E Badley Ave 0.16 7144 R-8 $ 78,300 $ 156,300 $ 234,600 $ 100,000 $ 134,600 R1366010075 1410 NE 2nd 1/2 St 0.26 11326 R-8 $ 91,100 $ 131,400 $ 222,500 $ 100,000 $ 122,500 R1366010080 276 E Badley Ave 0.26 11326 R-8 $ 91,100 $ 194,100 $ 285,200 $ 100,000 $ 185,200 R1366010070 1420 NE 2nd 1/2 St 0.38 16727 R-8 $ 103,100 $ 173,500 $ 276,600 $ 100,000 $ 176,600 R1366010062 1432 NE 2nd 1/2 St 0.15 6534 R-8 $ 75,100 $ 130,300 $ 205,400 $ - $ 205,400 R1366010060 301 E Gruber Ave 0.11 4748 R-8 $ 67,100 $ 105,400 $ 172,500 $ - $ 172,500 R1366010065 303 E Gruber Ave 0.4 17293 R-8 $ 103,100 $ 169,400 $ 272,500 $ 100,000 $ 172,500 S1107212707 403 E Fairview Ave 7.64 332886 R-8 $ 1,952,900 $ 2,191,500 $ 4,144,400 $ - $ 4,144,400 R1366010020 302 E Gruber Ave 2.29 99752 R-40 $ 498,800 $ 3,829,900 $ 4,328,700 $ - $ 4,328,700 R1366010013 1620 NE 2nd 1/2 St 0.25 11021 R-8 $ 76,100 $ 108,900 $ 185,000 $ 100,000 $ 85,000 R1366010015 225 E Fairview Ave 0.3 12937 R-8 $ 129,400 $ 232,100 $ 361,500 $ - $ 361,500 R1366010005 227 E Fairview Ave 0.21 9191 CG $ 110,300 $ 130,900 $ 241,200 $ $ 241,200 S1107212556 519 E Fairview Ave 1.44 62639 C-G $ 626,400 $ 1,001,200 $ 1,627,600 $ $ 1,627,600 S1106346911 412 E Fairview Ave 0.46 20038 C-G $ 152,500 $ 149,400 $ 301,900 $ $ 301,900 S1106346900 400 E Fairview Ave 0.63 27443 C-G $ 237,300 $ 126,100 $ 363,400 $ $ 363,400 S1106346834 360 E Fairview Ave 0.47 20473 C-G $ 143,800 $ 439,400 $ 583,200 $ $ 583,200 S1106346832 300 E Fairview Ave 1.24 54014 C-G $ 480,900 $ 836,700 $ 1,317,600 $ $ 1,317,600 S1106346750 220 E Fairview Ave 0.75 32670 C-G $ 257,900 $ 176,500 $ 434,400 $ $ 434,400 S1106346540 216 E Fairview Ave 0.8 34848 C-G $ 290,100 $ 618,200 $ 908,300 $ $ 908,300 S1106336530 210 E Fairview Ave 1.75 76230 C-G $ 686,100 $ 1,541,100 $ 2,227,200 $ $ 2,227,200 S1106336410 200 E Fairview Ave 0.38 16553 C-G $ 165,500 $ 213,300 $ 378,800 $ $ 378,800 S1106336401 132 E Fairview Ave 1.46 63554 C-G $ 572,000 $ 484,700 $ 1,056,700 $ $ 1,056,700 R8956180200 34 E Fairview Ave 4.52 196717 C-G $ 1,672,100 $ 5,560,000 $ 7,232,100 $ $ 7,232,100 R8956180100 14 E Fairview Ave 0.48 20952 C-G $ 314,300 $ - $ 314,300 $ $ 314,300 S1106336370 20 E Fairview Ave 3.85 167837 C-G $ 1,426,600 $ 2,518,900 $ 3,945,500 $ $ 3,945,500 S1106336197 1830 N Meridian Rd 1 43560 C-G $ 290,800 $ 891,000 $ 1,181,800 $ $ 1,181,800 S1106336086 55 E Carmel Dr 1 1.11 48352 C-G $ - $ - $ - $ $ - S1106336200 255 E Carmel Dr 4 174240 C-G $ 609,800 $ $ 609,800 $ $ 609,800 S1201449707 104 W Cherry Ln 17.64 768573 Ada RUT $ 27,500 $ $ 27,500 $ $ 27,500 $ 26,665,100 $ 44,343,600 $ 71,008,700 $ 2,175,726 $ 68,8 Page 348 Item#14. Exhibit 4 Summary of Ordinance No. 4849-8255-7437, v. 1 Page 349 Item#14. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. §50-901(A) CITY OF MERIDIAN ORDINANCE NO. 21- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE (OPTION A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: It is hereby found and determined that: (a) The Northern Gateway District Project Area as defined in the Northern Gateway District Plan is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Northern Gateway District Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The Northern Gateway District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Northern Gateway District Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed-use components of the Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents, or businesses in the general vicinity of the urban renewal area covered by the Northern Gateway District Plan. (f) The Northern Gateway District Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. ORDINANCE SUMMARY- I Page 350 Item#14. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Northern Gateway District Plan provides a feasible method for relocation obligations of any displaced families residing within the Northern Gateway District Project Area. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the Northern Gateway District Project Area, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905 with specificity. 0) The Northern Gateway District Plan is 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, zoning and planning changes (if any), land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operations for which the Agency has not received written consent. (1) The portion of the Northern Gateway District Project Area which is identified for non- residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (m) The portion of the Northern Gateway District Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. (n) The McFadden Property was timely annexed into the City and may be included within the boundaries of the Northern Gateway District Project Area. SECTION 2: The City Council finds that the Northern Gateway District Project Area does include a portion of open land, that the Agency may acquire any open land within the Northern Gateway District Project Area, and that the Northern Gateway District Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. Provided, however, the City Council finds that for the portions of the Northern Gateway District Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. ORDINANCE SUMMARY-2 Page 351 Item#14. SECTION 3: The City Council finds that one of the Northern Gateway District Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the portion of the Northern Gateway District Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The Northern Gateway District Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment,be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the Northern Gateway District Project Area overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv). SECTION 6: The City Council declares that nothing within the Northern Gateway District Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further,pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the Plan. SECTION 7: No direct or collateral action challenging the Northern Gateway District Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty(30) days from and after the effective date of this Ordinance adopting the Northern Gateway District Plan. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map indicating the boundaries of the Northern Gateway District Project Area. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Northern Gateway District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Northern Gateway District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Northern Gateway District Plan. ORDINANCE SUMMARY- 3 Page 352 Item#14. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Northern Gateway District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. EXHIBITS TO THE ORDINANCE Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project with the City of Meridian's Comprehensive Plan Exhibit 2 Notice Published in the Idaho Press ORDINANCE SUMMARY- 4 Page 353 Item#14. Exhibit 3 (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Exhibit 4 Ordinance Summary SUMMARY OF NORTHERN GATEWAY DISTRICT PLAN The Urban Renewal Plan for the Northern Gateway District Urban Renewal Project ("Northern Gateway District Plan")was prepared by the Urban Renewal Agency of the City of Meridian aka the Meridian Development Corporation("MDC" or the "Agency")pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended(the "Act"), and all applicable laws and ordinances and was approved by the Agency. The Northern Gateway District Plan provides for the Agency to undertake urban renewal projects pursuant to the Law and the Act. The Northern Gateway District Plan contains a revenue allocation financing provision pursuant to the Act that will cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation as shown on the original base assessment roll as of January 1, 2021, to be allocated to the Agency for the urban renewal purposes. The duration of the Northern Gateway District Plan is for twenty(20) years and includes a termination process for the Northern Gateway District Plan. The general scope and objectives of the Plan include are: a. The engineering, design, installation, construction, and/or reconstruction of streets and streetscapes, including but not limited to improvements and upgrades to portions of Northeast 2nd Street,Northeast 2 t/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 4th Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, Meridian Road frontage north of Fairview, and Fairview Avenue frontage and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; b. 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; C. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; d. The engineering, design, installation, construction and/or reconstruction of sidewalks and related pedestrian facilities, curb and gutter and streetscapes, including but not limited to improvements to portions of Northeast 2nd Street,Northeast 2 t/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 41h Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, Meridian Road frontage north of Fairview, and Fairview Avenue frontage; ORDINANCE SUMMARY- 5 Page 354 Item#14. e. The engineering, design, installation, construction, and/or reconstruction of utilities including but not limited to improvements and upgrades to the water distribution system, including extension of the water distribution system, water capacity improvements, water storage upgrades, sewer system improvements and upgrades, including extension of the sewer collection system, lift station, and improvements, and upgrades to power, gas, fiber optics, communications, and other such facilities; f. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to fire protection systems, floodway and flood zone mitigation; and other public improvements that may be deemed appropriate by the Board; g. The engineering, design, installation, and/or construction of a public parking structure or structures and/or public surface parking lots and related public improvements; h. The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades,public parks and trails,pedestrian facilities, pathways and trails, recreational access points and to encourage and enhance housing affordability and housing diversity, enhance transit options and connectivity, decrease underutilized parcels, create development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers for qualified developments; i. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code Section 50-2011, and any disposition policies adopted by the Agency; j The demolition or removal of certain buildings and/or improvements for public rights-of- way and streetscape improvements, pedestrian facilities,utility undergrounding extension and upgrades,public facilities, and to encourage and enhance housing affordability and housing diversity, enhance mobility options and connectivity, decrease underutilized parcels and surface parking lots, 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; k. The management of any property acquired by and under the ownership and control of the Agency; 1. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; M. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; ORDINANCE SUMMARY - 6 Page 355 Item#14. n. The engineering, design, installation, construction, and/or reconstruction of below ground infrastructure to support the construction of certain municipal buildings pursuant to Idaho Code Section 50-2905A; o. 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; P. The provision of financial and other assistance to encourage greater density and a diverse mix of rental rates and housing options; q. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; r. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use residential (including affordable and/or workforce housing when and if determined to be a public benefit), commercial, office, retail areas, medical facilities, and educational facilities; S. The environmental assessment and remediation of brownfield sites, or sites where environmental conditions detrimental to redevelopment exist; t. 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 streetscape,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; U. 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; V. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; W. The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; X. Agency and/or owner-developer construction, participation in the construction and/or management of public parking facilities and/or surface lots that support a desired level and form of development to enhance the vitality of the Project Area; y. Other related improvements to those set forth above as further set forth in Attachment 5 to the Plan. ORDINANCE SUMMARY- 7 Page 356 Item#14. The Northern Gateway District Project Area and Revenue Allocation Area herein referred to is described as follows: An area consisting of approximately 126 acres, inclusive of rights-of-way, and is generally east of Meridian Road and south of Fairview Avenue. A portion of the Project Area fronts the north side of Fairview Avenue east of Meridian Road. The Project Area also includes a 17.64-acre parcel located at the northwest corner of Meridian Road and Cherry Lane, and as more particularly described in the Plan and depicted in the Map below: ORDINANCE SUMMARY - 8 Page 357 Item#14. SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE SE 1/4 OF THE SE 114 OF SECTION 1, AND IN THE NE 114 OF THE NE 1/4 OF SECTION 72, TOWNSHIP 3 NORTH, RANGE 1 WEST, ALSO BEING IN THE S 112 OF THE SW 114 OF SECTION 6, AND IN THE NW 1/4 OF SECTION 7, AND IN THE N 1/2 OF THE SW 714 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BDISF MERIDIAN, ADA COUNTY, IDAHO V4 ti LEGEND URD BOUNDARY S vla CS 1 15 URD AREA N 89'08 51"E 2404.26' r ry SEE SHEET 2 OF 5 SEE SHEET 3 OF 5 Z BASIS OF BEARNG,� h 7/¢ 1 & 5 8 �3 �/W 4, 1�4 S 8928'53"E �2555.27' 12 7 IRl4 A IV E W CHERRY LANE SEE SHEET 3 OF 5 EE S E 4 OF 5 4 h p NJ II N Q n W ry� I a 2 0 0 4,�N t AN S Z E SHFFT 5 OF S Z NS 0 c � 114 C 114 187 7 0 N 89'35 22 E 2394.97 E PINE AVENUE fiy rf Of \� �£A . o(3 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD SCA/E 1"=1000' MERIDIAN, IDAHO 83642 (208)888-4312 ORDINANCE SUMMARY - 9 Page 358 Item#14. Section 100 includes an introduction, the history and current conditions of the Project Area, as well as the purpose of activities. Section 200 references the boundaries of the Project Area. Sections 300 through 315 discuss the proposed redevelopment actions,participation opportunities and agreements, cooperation with public bodies, property acquisition standards and requirements, relocation, demolition, and property disposition. Section 401 discusses the type of land uses authorized in the Project Area. Section 410 describes design guidelines for development. The Northern Gateway District Plan also contains a significant section on financing. Among other sources, the Northern Gateway District Plan will utilize revenue allocation financing, authorized by the Act. This statute was approved in 1988 by the Idaho Legislature. Section 502 and Attachment 5 discuss revenue allocation financing and show how such financing has worked and would work in the Project Area in the future if certain new private developments occur as estimated. Increases in assessed valuation of real and personal property in the Project Area that occur after January 1, 2021, will generate revenue for the Agency to pay project costs as set forth in the Northern Gateway District Plan. The assessed valuation of real and personal property on the base assessment roll is still available for use by the overlapping taxing districts, the Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, to finance their operations. The Northern Gateway District Plan authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations to pay the debt service. Additionally, the Agency is authorized to fund projects on a pay-as-you-go basis, through participation agreements, and others as further set forth in the Northern Gateway District Plan. The program outlined in the Northern Gateway District Plan emphasizes the installation of needed public improvements, including but not limited to street improvements, utility work, and other costs to encourage private development. Attachment 5 describes in detail the cost and financing methods for complete repayment of the debt incurred used to finance projects and to also fund the additional described activities. The Northern Gateway District Plan follows the underlying zoning classifications of the City. Sections 600 and 700 describe cooperative activities by the Agency with the City. ORDINANCE SUMMARY - 10 Page 359 Item#14. The duration of the Northern Gateway District Plan is for twenty(20) years. A termination process is described in Section 800 of the Northern Gateway District Plan. Sections 900-1200 include procedures for amendments, severability, reporting requirements and incorporation of attachments. ATTACHMENTS TO THE NORTHERN GATEWAY DISTRICT PLAN Attachment I Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study Attachment 6 Agricultural Operation Consent A full text of the Ordinance and the Northern Gateway District Plan are available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: 11/16/2021; Second Reading and Public Hearing: 11/23/2021; Third Reading: 12/7/2021 ORDINANCE SUMMARY - I I Page 360 Item#14. STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 2 1- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of December, 2021. William. L.M. Nary, City Attorney 4832-0443-4685,v. 1 ORDINANCE SUMMARY - 12 Page 361 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: First Reading of Ordinance No. 21-1955: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the (Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Page 362 Item#15. CITY OF MERIDIAN ORDINANCE NO. 21-1955 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN PERREAULT, STRADER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE (OPTION B) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Council and Mayor of Meridian respectively on or about July 24, 2001, adopted and approved a resolution creating the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC" or the "Agency"), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act") upon making the findings of necessity required for creating said Agency; WHEREAS, on October 8, 2002, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), after notice duly published conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District(the "Downtown District Plan"); WHEREAS, following said public hearing, the City Council on December 3, 2002, adopted Ordinance No. 02-987 approving the Downtown District Plan, making certain findings and establishing the Downtown District revenue allocation area (the "Downtown District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Ten Mile Road -An Urban Renewal Project (the "Ten Mile Plan"). The public hearing was continued to June 21, 2016, for further testimony; WHEREAS, following said public hearings, the City Council adopted its Ordinance No. 16-1695 on June 21, 2016, approving the Ten Mile Plan, making certain findings and establishing the Ten Mile revenue allocation area(the "Ten Mile Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "First Amendment to the Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20- 1881 on June 9, 2020, approving the First Amendment to the Downtown District Plan deannexing certain parcels from the Downtown District Project Area and making certain findings; Page 363 Item#15. WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Union District Urban Renewal Project(the "Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20- 1882 on June 9, 2020, approving the Union District Plan, making certain findings, and establishing the Union District revenue allocation area, which included the parcels deannexed pursuant to the First Amendment to the Downtown District Plan(the "Union District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "Second Amendment to the Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 21- 1933 on July 13, 2021, approving the Second Amendment to the Downtown District Plan deannexing certain parcels from the Downtown District Project Area and making certain findings (collectively, the Downtown District Plan, and amendments thereto, are referred to as the "Existing Downtown District Plan," and the Downtown District Project Area, and amendments thereto, are referred to as the "Existing Downtown District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan are collectively referred to as the "Existing Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, there is an additional urban renewal plan and an urban renewal plan amendment and their respective revenue allocation project areas that may or will be considered by the City Council prior to December 31, 2021, specifically, the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project and the Urban Renewal Plan for the Linder District Urban Renewal Project, collectively referred to as the "Proposed Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the "Proposed Project Areas;" WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, an urban renewal plan shall (a) conform to the general plan for the municipality as a whole, except as provided in§ 50-2008(g), Idaho Code; and (b) 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, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must Page 364 Item#15. make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain public entities, certain interested parties and property owners, MDC commenced certain discussions concerning examination of an area, most of which was located within the City, and a portion of which was located within the City's area of impact within unincorporated Ada County and subject to a pending voluntary annexation into the City, to determine whether the area may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal proj ect; WHEREAS, in 2021, MDC authorized Kushlan I Associates to commence an eligibility study and preparation of an eligibility report for an area 126.226 acres in size, approximately 77 acres of which was deannexed from the boundaries of the Downtown District Project Area. The area is generally located in the central part of the City, northeast of the City's downtown core, and east of Meridian Road and south of Fairview Avenue extending to Pine Avenue between NE 2nd Street and E. 3rd Street, and which area also included a commercial area east of Meridian Road fronting Fairview Avenue on the north and a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane. The eligibility study area is commonly referred to as the Northern Gateway District Study Area(the "Study Area"); WHEREAS, MDC obtained an eligibility report entitled Northern Gateway Urban Renewal District (Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study Area, which area also included real property located within unincorporated Ada County for the purpose of determining whether such area was a deteriorating area, a deteriorated area, or a combination of both a deteriorating area and a deteriorated area, as those terms are defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions necessary to be present in such an area are found in the Study Area, i.e., a. the presence of a substantial number of deteriorated or deteriorating structures; and deterioration of site; b. age or obsolescence; C. the predominance of defective or inadequate street layout; d. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; e. insanitary or unsafe conditions; and f. diversity of ownership; WHEREAS, the Study Area contains open land; WHEREAS, under the Act a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. See, Idaho Code § 50-2903(8)(c); Page 365 Item#15. WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open land or open areas, including open land areas to be acquired by MDC, which are the same or similar to the conditions set forth in the definitions of "deteriorating area" and"deteriorated area;" WHEREAS, the Study Area is not "predominantly" open; however, the Report addresses the necessary findings concerning including open land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(d); WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the MDC Board, on June 9, 2021, adopted Resolution No. 21-026, accepting the Report and authorized the Chair, Vice-Chair, or Administrator of MDC to transmit the Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct MDC to prepare an urban renewal plan for the Study Area, which plan may include a revenue allocation provision as allowed by the Act; WHEREAS, the City Council on July 6, 2021, adopted Resolution No. 21-2273, declared the Study Area described in the Report to be a deteriorated area or a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, and directed MDC to commence preparation of an urban renewal plan for the area designated; WHEREAS,the portion of the Study Area lying outside the City limits and within unincorporated Ada County was a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane, and commonly referred to as 104 W. Cherry Lane, Meridian, Idaho, which parcel is owned by Kobe LLC and commonly referred to as the McFadden Property (the "McFadden Property"). At the time the City Council directed MDC to prepare an urban renewal plan for the Study Area, the McFadden Property was pending a voluntary annexation into the City; WHEREAS, in order to implement the provisions of the Act and the Law either MDC may prepare a plan, or any person,public or private, may submit such plan to MDC; WHEREAS, MDC and its consultants have under the planning process during 2021 for the area previously designated as eligible for urban renewal planning; WHEREAS, MDC has embarked on an urban renewal project referred to as the (Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Northern Gateway District Plan"), as set forth in Exhibit 3 attached hereto, and the corresponding urban renewal/revenue allocation area referred to as the Northern Gateway District Project Area ("Northern Gateway District Project Area" or "Revenue Allocation Area"), to redevelop a portion of the City,pursuant to the Law and the Act, as amended; Page 366 Item#15. WHEREAS, the Northern Gateway District proposes to create an urban renewal area commonly known as the Northern Gateway District Project Area, which area is shown on the "Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area" and described in the "Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area," which are attached to the Northern Gateway District Plan as Attachments 1 and 2 respectively; WHEREAS, the Northern Gateway District Project Area is smaller than the Study Area as the McFadden Property, which was recently annexed into the City effective October 31, 2021, is not included within the boundaries of the Northern Gateway District Project Area; WHEREAS, the Act authorizes MDC to adopt revenue allocation financing provisions as part of an urban renewal plan; WHEREAS, the Northern Gateway District Plan contains revenue allocation financing provisions as allowed by the Act; WHEREAS, MDC and the City Council reviewed and considered the proposed public improvements within the Northern Gateway District Project Area during a joint meeting on August 24, 2021; WHEREAS,the Agency Board considered all comment and information submitted to the Agency during several earlier Board meetings throughout 2021, and the Board meeting held on September 22, 2021; WHEREAS, on September 22, 2021, the Agency Board passed Resolution No. 21-037 proposing and recommending the approval of the Northern Gateway District Plan; WHEREAS, the Agency submitted the Northern Gateway District Plan to the Mayor and City Council; WHEREAS, the Mayor and City Clerk have taken the necessary action in good faith to process the Northern Gateway District Plan consistent with the requirements set forth in Idaho Code Sections 50-2906 and 50-2008; WHEREAS, pursuant to the Law, at a meeting held on October 7, 2021, the Meridian Planning and Zoning Commission considered the Northern Gateway District Plan and found by P & Z Resolution No 21-02 that the Northern Gateway District Plan is in all respects in conformity with the City of Meridian Comprehensive Plan, as may be amended (the "Comprehensive Plan") and forwarded its findings to the City Council, a copy of which is attached hereto as Exhibit 1; WHEREAS, the notice of public hearing of the Northern Gateway District Plan was caused to be published by the Meridian City Clerk in the Idaho Press on October 15 and November 2, 2021, a copy of said notice is attached hereto as Exhibit 2; Page 367 Item#15. WHEREAS, as of October 15, 2021, the Northern Gateway District Plan was submitted to the affected taxing entities and separately to the Ada County Highway District("ACHD"), available to the public, and under consideration by the City Council; WHEREAS, the City Council during its regular meeting of November 23, 2021, held such public hearing on the Northern Gateway District Plan as noticed; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the Northern Gateway District Plan contains the following information with specificity which was made available to the general public and all affected taxing districts prior to the public hearing on November 23, 2021, the regular meeting of the City Council, at least thirty (30) days but no more than sixty (60) days prior to the date set forth final reading of the Ordinance: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets; WHEREAS, the Northern Gateway District Plan authorizes certain projects to be financed by owner/developer participation agreements and proceeds from revenue allocation. Revenue allocation bonds or loans are permissible; WHEREAS, appropriate notice of the Northern Gateway District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and to the public as required by Idaho Code§§ 50-2008 and 50-2906; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the Northern Gateway District Plan and to adopt, as part of the Northern Gateway District Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Northern Gateway District Plan, in order to: encourage private development in the urban renewal area; prevent and arrest decay of the City due to the inability of existing financing methods to provide needed public improvements; encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Northern Gateway District Project Area in order to facilitate the long-term growth of their common tax base; encourage private investment within the City; and to further the public purposes of the Agency; Page 368 Item#15. WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the revenue allocation area as shown and described in Attachments 1 and 2 of the Northern Gateway District Plan is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Northern Gateway District Plan; WHEREAS, under the Law and Act any such plan should provide for(1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in the Law, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, pursuant to Chapter 14, Title 40, Idaho Code, the Ada County Highway District ("ACHD") is granted certain authority and jurisdiction over public rights of way within the Northern Gateway District Project Area; WHEREAS, ACHD also has the opportunity to provide comments on the proposed Northern Gateway District Plan; WHEREAS, under the Law and Act, Idaho Code Sections 50-2903(8)(f) and 50-2018(8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in Section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; Page 369 Item#15. WHEREAS, the Northern Gateway District Project Area does not include an parcels subject to such consent; WHEREAS, the base assessment roll of the Northern Gateway District Project Area, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent(10%) of the current assessed values of all the taxable property in the City; WHEREAS, it is necessary, and in the best interests of the citizens of the City to adopt the Northern Gateway District Plan; WHEREAS, the City Council at its regular meeting held on November 23, 2021, considered the Northern Gateway District Plan as proposed and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: SECTION 1: It is hereby found and determined that: (a) The Northern Gateway District Project Area as defined in the Northern Gateway District Plan is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Northern Gateway District Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The Northern Gateway District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Northern Gateway District Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed-use components of the Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents, or businesses in the general vicinity of the urban renewal area covered by the Northern Gateway District Plan. (f) The Northern Gateway District Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Northern Gateway District Plan provides a feasible method for relocation obligations of any displaced families residing within the Northern Gateway District Project Area. Page 370 Item#15. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the Northern Gateway District Project Area, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905 with specificity. (j) The Northern Gateway District Plan is 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, zoning and planning changes (if any), land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operations for which the Agency is required to obtain written consent. (1) The portion of the Northern Gateway District Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (m) The portion of the Northern Gateway District Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. SECTION 2: The City Council finds that the Northern Gateway District Project Area contains areas which may be considered open land areas, that the Agency may acquire any open land within the Northern Gateway District Project Area, and that the Northern Gateway District Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. Provided, however, the City Council finds that for the portions of the Northern Gateway District Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that one of the Northern Gateway District Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the Page 371 Item#15. portion of the Northern Gateway District Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The Northern Gateway District Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the Northern Gateway District Project Area overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv). SECTION 6: The City Council declares that nothing within the Northern Gateway District Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the Plan. SECTION 7: No direct or collateral action challenging the Northern Gateway District Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the Northern Gateway District Plan. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map indicating the boundaries of the Northern Gateway District Project Area. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Northern Gateway District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Northern Gateway District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Northern Gateway District Plan. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Page 372 Item#15. Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Northern Gateway District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. APPROVED: ATTEST: Robert Simison, Mayor Chris Johnson, City Clerk Page 373 Item#15. Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the (Option B)Urban Renewal Plan for Northern Gateway District Urban Renewal Project with the City of Meridian's Comprehensive Plan Page 374 Item#15. Z-21-05 CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN,IDAHO,VALIDATING CONFORMITY OF THE (OPTION B) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the City of Meridian(the "City"), Idaho, also known as Meridian Development Corporation(hereinafter"MDC"), the duly constituted and authorized urban renewal agency of the City, has submitted the proposed(Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Northern Gateway District Plan")to the City; and WHEREAS, the Mayor and Meridian City Council referred the Northern Gateway District Plan to the City Planning and Zoning Commission for review and recommendations concerning the conformity of said Northern Gateway District Plan with the City's Comprehensive Plan, as amended(the "Comprehensive Plan"); and WHEREAS, on October 7, 2021, the City Planning and Zoning Commission met to consider whether the Northern Gateway District Plan conforms with the Comprehensive Plan as required by Idaho Code § 50-2008(b); and WHEREAS, the City Planning and Zoning Commission has reviewed said Northern Gateway District Plan in view of the Comprehensive Plan; and WHEREAS, the City Planning and Zoning Commission has determined that the Northern Gateway District Plan is in all respects in conformity with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO: Section 1. That the Northern Gateway District Plan, submitted by MDC and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the City's Comprehensive Plan. Section 2. That Exhibit A, the memorandum from Brian McClure, Comprehensive Associate Planner dated September 30, 2021, outlining the analysis supporting the determination that the Northern Gateway District Plan is in conformity with the City's Comprehensive Plan, is hereby adopted and incorporated as part of this Resolution. Section 3. That the City Clerk is hereby authorized and directed to provide the Mayor and Meridian City Council with a signed copy of this Resolution relating to said Northern Gateway District Plan. Page 375 Item#15. Z-21-05 Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 7th day of October 2021. APPROVED: ATTEST: Chair, Planning and Zoning Commission City Clerk Chris Johnson 10-07-2021 4810-4341-8296,v. 1 Page 376 Item#15. Exhibit 2 Notice Published in the Idaho Press Page 377 AD# Item#15. LEGAL NOTICE p.The provision of financial and other assistance to encour- age greater density and a diverse mix of rental rates and hous- NOTICE OF REGULAR MEETING AND PUBLIC ing options; HEARING BY THE CITY COUNCIL OFTHE CITY OF MERIDIAN,IDAHOTO CONSIDER THE URBAN RENEWAL q.The rehabilitation of structures and improvements by pres- PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN ent owners,their successors,and the Agency; RENEWAL PROJECT(OPTION B)OF THE URBAN RE- NEWAL AGENCY OF MERIDIAN,IDAHO,ALSO KNOWN AS r.The preparation and assembly of adequate sites for the de- MERIDIAN DEVELOPMENT CORPORATION velopment and construction of facilities for mixed-use msiden- tial(including affordable and/or workforce housing when and NOTICE IS HEREBY GIVEN that on Tuesday,November 23, if determined to be a public benefit),commercial,office,retail 2021,at 6:00 p.m.in City Council Chambers,Meridian City areas,medical facilities,and educational facilities; HaII,33 E.Broadway Avenue,Meridian,Idaho,83642,and/or in virtual meeting as may be noticed on the City's website(www. s.The environmental assessment and remediation of brown- meridiancity.org),the City Council of the City of Meridian,Idaho field sites,or sites where environmental conditions detrimental ("City")will hold,during its regular meeting,a public hearing to to redevelopment exist; consider for adoption the proposed Urban Renewal Plan for the Northern Gateway District Urban Renewal Project(Option B) t.In collaboration with property owners and other stakehold- (the"Plan"),of the Urban Renewal Agency of Meridian,Idaho, ers,working with the City to amend zoning regulations(if nec- also known as Meridian Development Corporation('Agency"). essary)and standards and guidelines for the design of street- The urban renewal and revenue allocation area boundary is scape,plazas multi-use pathways,parks,and open space and coterminous and is hereinafter described.The Plan proposes other like public spaces applicable to the Project Area as need- that the Agency undertake urban renewal projects,including ed to support implementation of this Plan; identifying public facilities for funding,pursuant to the Idaho Urban Renewal Law of 1965,chapter 20,title 50,Idaho Code, u.In conjunction with the City,the establishment and imple- as amended.The Plan being considered for adoption contains mentation of performance criteria to assure high site design a revenue allocation financing provision pursuant to the Local standards and environmental quality and other design elements Economic Development Act,chapter 29,title 50,Idaho Code, which provide unity and integrity to the entire Project Area,in- as amended,that will cause property taxes resulting from any cluding commitment of funds for planning studies,achieving increase in equalized assessed valuation in excess of the high standards of development,and leveraging such develop- equalized assessed valuation as shown on the base assess- ment to achieve public objectives and efficient use of scarce ment roll as of January 1,2021,to be allocated to the Agen- resources; cy for urban renewal purposes.The Agency has adopted and recommended approval of the Plan.The City Council will be v.To the extent allowed by law,lend or invest federal funds to considering the second reading of an ordinance to adopt the facilitate development and/or redevelopment; Plan at the meeting scheduled for November 23,2021,at 6:00 p.m.An additional reading will follow consistent with the City's w.The provision for relocation assistance to displaced Project ordinance approval process. Area occupants,as required by law,or within the discretion of the Agency Board for displaced businesses; The general scope and objectives of the Plan are: x.Agency and/or owner-developer construction,participation a.The engineering,design,installation,construction,and/or in the construction and/or management of public parking facili- reconstruction of streets and streetscapes,including but not ties and/or surface lots that support a desired level and form of limited to improvements and upgrades to portions of Northeast development to enhance the vitality of the Project Area; 2nd Street,Northeast 2 1/Street,Northeast 3rd Street,Carlton Avenue,Washington Avenue,Main Street,Northeast 4th Street, y.Other related improvements to those set forth above as fur- Badley Avenue,Gruber Avenue,State Avenue,Pine Avenue, ther set forth in Attachment 5. and Fairview Avenue frontage and related pedestrian facilities, curb and gutter,intersection and rail crossing improvements, Any such land uses as described in the Plan will be in confor- and traffic signals; mance with zoning for the City and the City's Comprehensive Plan,as amended.Land made available will be developed by b.The engineering,design,installation,construction,and/or private enterprises or public agencies as authorized by law.The reconstruction of storm water management infrastructure to Plan identifies various public and private improvements which support compliance with federal,state,and local regulations for may be made within the Project Area. storm water discharge and to support private development; The Urban Renewal Project Area and Revenue Allocation Area c.The provision for participation by property owners and de- herein referred to is described as follows: velopers within the Project Area to achieve the objectives of this Plan; An area consisting of approximately 106 acres,inclusive of rights-of-way,and is generally east of Meridian Road and south d.The engineering,design,installation,construction and/or of Fairview Avenue.A portion of the Project Area fronts the north reconstruction of sidewalks and related pedestrian facilities, side of Fairview Avenue east of Meridian Road,and as more curb and gutter and stmetscapes,including but not limited to particularly described in the Plan and depicted in the Map be- improvements to portions of Northeast 2nd Street,Northeast 2 low: '/z Sheet,Northeast 3rd Street,Carlton Avenue,Washington Av- SKE7CH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION enue,Main Street,Northeast 4th Street,Baday Avenue,Gru- FOR MERVAN DEVELOPMENT CORPOR477ON LOCATED/N THE ber Avenue,State Avenue,Pine Avenue and Fairview Avenue NE 114 OF THE NE 114 OF SECTION 12, TOWNSHIP 3 NORTH, frontage; RANGE/WEST,ALSO BEING/N THE S 112 OF THE SW 114 OF SECTION B,AND IN THE NW 114 OF SEC7/01V 7,AND IN e.The engineering,design,installation,construction,and/or THE N 112 OF THE SW 114 OF SECTION 7, TOWNSHIP 3 reconstruction of utilities including but not limited to improve- NORTH,RANGE 1 EAST,BOISE MERIDIAN,AOA COUNTY,IDAHO ments and upgrades to the water distribution system,including extension of the water distribution system,water capacity im- provements,water storage upgrades,sewer system improve- ments and upgrades,including extension of the sewer collection system,lift station,and improvements,and upgrades to power, g� ^ gas,fiber optics,communications,and other such facilities; I.Removal,burying,or relocation of overhead utilities;remov- al or relocation of underground utilities;extension of electricalYg distribution lines and transformers;improvement of irrigation =ii! and drainage ditches and laterals;undergrounding or piping of n laterals;addition of fiber optic lines or other communication sys- tsms;public parking facilities,and other public improvements, including but not limited to fire protection systems,floodway and ' flood zone mitigation;and other public improvements that may ate+>• _ k be deemed appropriate by the Board; g.The engineering,design,installation,and/or construction of a public parking structure or structures and/or public surfaceRi is parking lots and related public improvements; ; Y� � h.The acquisition of real property for public right-of-way and ` streetscepe improvements,utility undergrounding,extension, 18780 s upgrades,public parks and trails,pedestrian facilities,path- ways and trails,recreational access points and to encourage �F.or•o�� and enhance housing affordability and housing diversity,en- hance transit options and connectivity,decrease underutilized parcels,create development opportunities consistent with the sanx Mori.'w wvr Plan,including but not limited to future disposition to qualified 11. developers for qualified developments; "'.eR u4°x""' SRR7 1 OF 4 i.The disposition of real property through a competitive pro- Copies of the proposed Plan are on file for public inspection cess in accordance with this Plan,Idaho law,including Idaho and copying at the office of the City Clerk,Meridian City Hall, Code Section 50-2011,and any disposition policies adopted by 33 E.Broadway Avenue,Meridian,Idaho 83642,between the Agency; the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday, exclusive of holidays.Costs for copying are outlined in Idaho j.The demolition or removal of certain buildings and/or im- Code Section 74-102.The proposed Plan can also be ac- provements for public rights-of-way and streetscape improve- cessed online at https://bit.ly/NorthernGatewayB.For addi- "rits,pedestrian facilities,utility undergrounding extension tional assistance in obtaining a copy of the Plan in the event and upgrades,public facilities,and to encourage and enhance of business office interruptions,contact the office of the City housing affordability and housing diversity,enhance mobility Clerk at 208-888-4433. options and connectivity,decrease underutilized parcels and surface parking lots,eliminate unhealthful,unsanitary,or un- At the hearing date,time,and place noted above(November safe conditions,eliminate obsolete or other uses detrimental 23,2021,at 6:00 p.m.),all persons interested in the above to the public welfare or otherwise to remove or to prevent the matters may appear and be heard.Because social distanc- spread of deteriorating or deteriorated conditions; ing orders may be in effect at the time of the hearing,written testimony is encouraged.Written testimony must be submitted k.The management of any property acquired by and under at least five working days prior to the hearing.Oral testimony the ownership and control of the Agency; may be limited to three minutes per person.Information on as- sessing the meeting remotely will be posted on the published I.The development or redevelopment of land by private enter- agendas,no later than 48 hours prior to the meeting at https:H prise or public agencies for uses in accordance with this Plan; meridiancity.org/agendas.Additional information regarding providing testimony in compliance with any social distancing m.The construction and financial support of infrastructure orders in effect may be obtained by calling 208-888-4433 or by necessary for the provision of improved transit and alternative email at cityclerk@meridiancity.org. transportation; Meridian City Hall is accessible to persons with disabilities.All n.The engineering,design,installation,construction,and/ information presented in the hearing shall also be available or reconstruction of below ground infrastructure to support the upon advance request in a form usable by persons with hear- construction of certain municipal buildings pursuant to Idaho ing or visual impairments.Individuals with other disabilities Code Section 50-2905A; may receive assistance by contacting the City twenty-four(24) hours prior to the hearing. o.The provision of financial and other assistance to encour- age and attract business enterprise,including but not limited DATED:October 8,2021. to start-ups and microbusinesses,mid-sized companies,and large-scale corporations; Chris Johnson,City Clerk October 15,2021,November 2,2021 164784 Page 378 Item#15. Exhibit 3 (Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Page 379 Item#15. (Option B) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. Adopted Effective Page 380 Item#15. TABLE OF CONTENTS Page 100 INTRODUCTION.............................................................................................................. I 101 General Procedures of the Agency .........................................................................4 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906............................................................ 5 103 History and Current Conditions of the Area........................................................... 6 104 Purpose of Activities............................................................................................... 7 105 Open Land Criteria ................................................................................................. 8 200 DESCRIPTION OF PROJECT AREA............................................................................... 9 300 PROPOSED REDEVELOPMENT ACTIONS................................................................ 10 301 General.................................................................................................................. 10 302 Urban Renewal Plan Objectives ........................................................................... 13 303 Participation Opportunities and Agreements........................................................ 14 303.1 Participation Agreements.......................................................................... 14 304 Cooperation with Public Bodies ........................................................................... 16 305 Property Acquisition............................................................................................. 17 305.1 Real Property ............................................................................................ 17 305.2 Personal Property...................................................................................... 18 306 Property Management.......................................................................................... 19 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project..................................................................... 19 308 Demolition, Clearance and Site Preparation......................................................... 19 309 Property Disposition and Development................................................................ 20 309.1 Disposition by the Agency........................................................................ 20 309.2 Disposition and Development Agreements .............................................. 20 309.3 Development by the Agency..................................................................... 22 310 Development Plans ............................................................................................... 22 311 Personal Property Disposition.............................................................................. 22 312 [Reserved]............................................................................................................ 22 313 Participation with Others ...................................................................................... 23 314 Conforming Owners.............................................................................................. 23 315 Arts and Cultural Funding .................................................................................... 23 400 USES PERMITTED IN THE PROJECT AREA.............................................................. 24 401 Designated Land Uses........................................................................................... 24 402 [Reserved]............................................................................................................. 24 403 Public Rights-of-Way........................................................................................... 24 404 Other Public, Semi-Public, Institutional, and Nonprofit Uses.............................. 25 i Page 381 Item#15. 405 Interim Uses.......................................................................................................... 25 406 Development in the Project Area Subject to the Plan........................................... 25 407 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards................................................. 26 408 Minor Variations................................................................................................... 26 409 Nonconforming Uses............................................................................................ 27 410 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement.................................................... 27 500 METHODS OF FINANCING THE PROJECT ............................................................... 28 501 General Description of the Proposed Financing Method...................................... 28 502 Revenue Allocation Financing Provisions............................................................ 28 502.1 Economic Feasibility Study...................................................................... 30 502.2 Assumptions and Conditions/Economic Feasibility Statement................ 30 502.3 Ten Percent Limitation ............................................................................. 32 502.4 Financial Limitation.................................................................................. 32 502.5 [Reserved]................................................................................................ 34 502.6 Participation with Local Improvement Districts and/or Business Improvement Districts .............................................................................. 34 502.7 Issuance of Debt and Debt Limitation...................................................... 34 502.8 Impact on Other Taxing Districts and Levy Rate..................................... 35 503 Phasing and Other Fund Sources.......................................................................... 37 504 Lease Revenue, Parking Revenue, and Bonds...................................................... 37 505 Membership Dues and Support of Community Economic Development ............ 38 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES...................................... 38 601 Maintenance of Public Improvements.................................................................. 39 700 ENFORCEMENT............................................................................................................. 39 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW.................... 40 900 PROCEDURE FOR AMENDMENT OR MODIFICATION.......................................... 41 1000 SEVERABILITY.............................................................................................................. 41 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS.......................... 42 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES............................................. 42 ii Page 382 Item#15. Attachments Attachment 1 Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study Page 383 Item#15. 100 INTRODUCTION This is the Urban Renewal Plan (the "Plan") for the Northern Gateway District Urban Renewal Project(the"Project") in the city of Meridian(the "City"), county of Ada, state of Idaho. Attachments 1 through 5 attached hereto (collectively, the "Plan Attachments") are incorporated herein and shall be considered a part of this Plan. The term"Project" is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code Sections 50-2018(10) and 50-2903(13) for the various activities contemplated by the term"Project." Such activities include both private and public development of property within the urban renewal area. The Northern Gateway District Project Area is also referred to as the "Project Area" or the "Revenue Allocation Area." This Plan was prepared by the Board of Commissioners (the "Agency Board") of the Meridian Urban Renewal Agency, also known as Meridian Development Corporation(the "Agency" or"MDC"), its consultants, and staff, and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended(the "Act"), and all applicable local laws and ordinances. Idaho Code Section 50-2905 identifies what information the Plan must include with specificity as follows: (1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) A statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) An economic feasibility study; (4) A detailed list of estimated project costs; (5) A fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; (6) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) A termination date for the plan and the revenue allocation area as provided for in Section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar 1 Page 384 Item#15. year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) A description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets. This Plan includes the above information with specificity. The proposed development and redevelopment of the Project Area as described in this Plan conforms to the City of Meridian Comprehensive Plan (the "Comprehensive Plan"), adopted by the Meridian City Council (the "City Council") on December 17, 2019, by Resolution No. 19-2179. The Agency intends to rely heavily on any applicable City zoning and design standards. This Plan also conforms to the goals set forth in Destination: Downtown, which is a vision plan for the long-term future of the downtown area of the City, which seeks to establish downtown as a premier destination and home to local business. This Plan is subject to the Plan modification limitations and reporting requirements set forth in Idaho Code Section 50-2903A. Subject to limited exceptions as set forth in Idaho Code Section 50-2903A,if this Plan is modified by City Council ordinance, then the base value for the year immediately following the year in which modification occurs shall include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream. A modification shall not be deemed to occur when "[t]here is a plan amendment to make technical or ministerial changes to a plan that does not involve an increase in the use of revenues allocated to the agency." Idaho Code § 50-2903A(1)(a)(i). Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and project timing, including prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not modifications under Idaho Code Section 50-2903A. This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the development, redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project Area. The Agency retains all powers allowed by the Law and Act. This Plan presents a process and a basic framework within which plan implementation, including contracts, agreements and ancillary documents will be presented and by which tools are provided to the Agency to fashion, develop, and proceed with plan implementation. The Plan has balanced the need for flexibility over the twenty (20)-year timeframe of the Plan to implement the improvements identified in Attachment 5, with the need for specificity as required by Idaho Code Section 50-2905. The Plan narrative addresses the required elements of a plan set forth in Idaho Code Section 50-2905(1), (2), (5), (7) and(8). Attachment 5, together with the Plan narrative, meet the specificity requirement for the required plan elements set forth in Idaho Code Section 50-2905(2)-(6), recognizing that actual 2 Page 385 Item#15. Agency expenditures are prioritized each fiscal year during the required annual budgeting process. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful development and redevelopment of the Project Area. Typically, the public will fund enhanced public improvements like utilities, streets, and sidewalks which, in turn, create an attractive setting for adjacent private investment for a mix of uses including residential (including but not limited to increased density, and mixed income projects such as affordable and/or workforce housing), light industrial, commercial facilities, including office and retail, recreational, or other community facilities. The purpose of the Law and Act will be attained through the implementation of the Plan. The priorities of this Plan are: a. The installation and construction of public improvements, including new local, collector and arterial streets; improvements to existing roadways and intersections, including the installation of traffic signals; installation of curbs, gutters and streetscapes, which for purposes of this Plan, the term"streetscapes" includes sidewalks, lighting, landscaping, benches, bike racks,public art, signage, way-finding, and similar amenities between the curb and right-of-way line, and other public improvements; installation and/or improvements to fiber optic facilities; improvements to public utilities including water and sewer improvements, and fire protection systems; removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; installation and construction of pathways; and improvement of storm drainage facilities; b. The planning, design, construction and reconstruction of local roads and pathways to support access management, connectivity, and pedestrian mobility; C. The replanning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; d. The strengthening of the economic base of the Project Area and the community by the installation of needed public improvements to stimulate new private development providing greater housing density and diversity of housing stock, increased employment opportunities and economic growth; e. The provision of adequate land for open space, street rights-of-way and pedestrian rights-of-way, including pathways along East Fairview Avenue, future 3rd Street, and Washington Avenue; f. The reconstruction and improvement of street corridors to allow traffic flows to move through the Project Area, along with the accompanying utility connections; 3 Page 386 Item#15. g. The provision of public service utilities, which are necessary to the development of the Project Area, such as water system improvements, sewer system improvements, and improvements to the storm drainage facilities; h. 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; i. The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; j. The acquisition of real property to support development and/or redevelopment initiatives consistent with the Law and Act; and k. The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is a public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law; the Public Records Act; the Ethics in Government Act of 2015, Chapters 1, 2 and 4 of Title 74, Idaho Code; reporting requirements pursuant to Idaho Code Sections 67-45013, 67-10761, 50- 2903A and 50-2913; and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code, as well as other procurement or other public improvement delivery methods. Subject to limited exceptions, the Agency shall conduct all meetings in open session and allow meaningful public input as mandated by the issue considered or by any statutory or regulatory provision. The Agency may adopt separate policy statements. Any modification to any policy statement is a technical or ministerial adjustment and is not a modification to this Plan under Idaho Code Section 50-2903A. 1 Pursuant to House Bill 73,passed during the 2021 Legislative Session,significantly effective as of January 1, 2021,with the remaining sections in full force and effect on and after January 1,2022,Idaho Code Section 67-450E is superseded by Idaho Code Section 67-1076. 4 Page 387 Item#15. 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906 Idaho law requires that the City Council,by resolution, must determine a geographic area be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A consultant was retained to study a proposed project area(the "Study Area") and prepare an eligibility report. The Northern Gateway Urban Renewal District(Proposed) Eligibility Report (the "Report")was submitted to the Agency. The Agency accepted the Report by Agency Resolution No. 21-026 on June 9, 2021, and thereafter submitted the Report to the City Council for its consideration. The Study Area was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 21-2273 on July 6, 2021. With the adoption of Resolution No. 21-2273, the City Council declared the Study Area described in the Report to be a deteriorated area and/or a deteriorating area as defined by the Law and Act, and further directed the Agency to commence preparation of an urban renewal plan. The Project Area is smaller than the Study Area as an underdeveloped seventeen(17) acre parcel3 located in the northwest corner of the Study Area and generally bounded by Meridian Road on the east and Cherry Lane on the south was not timely annexed into the City prior to City Council consideration of this Plan. The Plan was prepared and submitted to the Agency for its review and approval. The Agency approved the Plan by the adoption of Agency Resolution No. 21-037, on September 22, 2021, and submitted the Plan to the City Council with its recommendation for adoption. In accordance with the Law, this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission reported to the City Council that this Plan is in conformity with the City's Comprehensive Plan. Pursuant to the Law and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was duly published in the Idaho Press, a newspaper having general circulation in the City. The City Council adopted this Plan on by Ordinance No. z Following adoption of Agency Resolution No.21-026,technical minor edits were made to the Report. 3 This parcel had been used as an"agricultural operation"requiring property owner consent to be included in the Project Area. In accordance with the Law and Act,the necessary consent was obtained from the parcel owner; however,the parcel was located in unincorporated Ada County. As the parcel was not timely annexed into the City, it could not be included within the Project Area unless Ada County 1)entered into an agreement with the City on administration of a revenue allocation provision extending beyond the municipal boundary of the City,and 2) adopted a transfer of powers ordinance. See,50-2018(18)and 50-2906. 5 Page 388 Item#15. 103 History and Current Conditions of the Area As more specifically described in the Report, this Project Area is generally located in central Meridian, northeast of the City's downtown core. The Project Area contains approximately 108 acres, inclusive of rights-of-way, and is generally east of Meridian Road and south of Fairview Avenue. A portion of the Project Area fronts the north side of Fairview Avenue east of Meridian Road. The Project Area includes mixed zoning for primarily commercial and residential uses. Current uses may not be wholly consistent with zoning and/or the City's vision set forth in the Comprehensive Plan and/or Destination: Downtown, wherein the vision for this area contemplates four(4)main goals promoting livability, mobility, prosperity, and sustainability. The use of the urban renewal tool to support these goals is critical to the success of the vision. Current conditions reflect aged residences converted to commercial uses over time with approximately nineteen (19)vacant parcels. More than half of the Project Area is devoted to commercial uses and/or vacant parcels zoned for commercial use, with residential uses being the next most significant land use category. In its totality the Project Area is reflective of the shifting urban geography of the City. The Report cites a number of deteriorating conditions existing within the Project Area, including a substantial number of deteriorating or deteriorated structures, deterioration of site, age or obsolescence, the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, obsolete platting, insanitary and unsafe conditions, and diversity of ownership. Together with deteriorating infrastructure, diversity of ownership represents a significant impediment to development: approximately 88 parcel acres in the Project Area are owned by approximately one hundred and forty-nine (149) entities, which can create issues with necessary property assemblage to support economic development and/or housing opportunities. The foregoing conditions have arrested or impaired growth in the Project Area. The Plan proposes installation and improvements to rights-of-way (arterials, collectors, and local roads),pathways, sidewalks, curbs, gutters, and other streetscape improvements; transit infrastructure; public parking facilities; public infrastructure, including improvements to sewer and water infrastructure, power and fiber installation and/or upgrades; property acquisition to support economic development and housing opportunities and other publicly owned assets throughout the Project Area, as more specifically set forth in Attachment 5, creating the opportunity to revitalize the Project Area and to support transportation infrastructure, as well as mixed-use residential and commercial development consistent with the City's Comprehensive Plan and Destination: Downtown. Other identified improvements include fagade improvements; historic lighting; wayfinding/signage; installation and/or improvements to public plazas, parks, and open space; environmental remediation; and related planning studies to best implement the proposed public infrastructure improvements. The approximately nineteen(19)vacant parcels are underdeveloped and are not being used to their highest and best use. A goal of this Plan is to support development opportunities of this site that will ultimately contribute significantly to the tax base. 6 Page 389 Item#15. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the City additional resources to solve the transit, public infrastructure, and development impediment issues in this area. Revenue allocation financing should help to improve the situation. In effect, property taxes generated by new developments within the Project Area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, some of the new developments may also generate new jobs in the community that would, in turn, benefit area residents long-term. Additionally, the proposed infrastructure improvements could support a variety of housing opportunities with diverse rental and income ranges, which supports and adds to the fabric of the Project Area. It is unlikely individual developers or public partners will take on the prohibitive costs of constructing the necessary infrastructure in the Project Area without the ability of revenue allocation to help offset at least some of these costs. But for urban renewal and revenue allocation financing, the proposed public improvements to support revitalization of the Project Area would not occur. 104 Purpose of Activities Attachment 5 includes the public improvements lists identifying with specificity the proposed public improvements and projects contemplated in the Project Area. The description of activities, public improvements, and the estimated costs of those items are intended to create an outside limit of the Agency's activity. Due to the inherent difficulty in projecting future levy rates, future taxable value, and the future costs of construction, the Agency reserves the right to: a. Change funding amounts from one Project to another. b. Re-prioritize the Projects described in this Plan and the Plan Attachments. C. Retain flexibility in funding the various activities in order to best meet the Plan and the needs of the Project Area. d. Retain flexibility in determining whether to use the Agency's funds or funds generated by other sources. e. Alter the location of proposed improvements set forth in Attachment 5 to support development when it occurs. The information included in Attachment 5 describes a realistic development scenario recognizing it is difficult to project with any certainty where the improvements will be sited until any future projects submit plans to the City for design review and permitting. The Agency intends to discuss and negotiate with any owner or developer of the parcels within the Project Area seeking Agency assistance during the duration of the Plan and Project Area. During such negotiation, the Agency will determine the eligibility of the activities sought for Agency funding, the amount the Agency may fund by way of percentage or other criteria including the need for such assistance. The Agency will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. 7 Page 390 Item#15. The Agency also reserves the right to establish,by way of policy, its funding percentage or participation, which would apply to all developers and owners and may prioritize certain projects or types of projects. Throughout this Plan, there are references to Agency activities, Agency funding, and the acquisition, development, and contribution of public improvements. Such references do not necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the Agency the discretion to participate as stated subject to achieving the objectives of this Plan and provided such activity is deemed eligible under the Law and the Act. The activities listed in Attachment 5 will be determined or prioritized as the overall Project Area develops and through the annual budget setting process. The activities listed in Attachment 5 are not prioritized but are anticipated to be completed as determined by available funds. As required by the Law and Act, the Agency will adopt more specific budgets annually. The projected timing of funding is primarily a function of the availability of market conditions and financial resources but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at given points in time within the planned 20-year period of the urban renewal district and revenue allocation area. The Study(Attachment 5)has described a list of public improvements and other related activities with an estimated cost in 2021 dollars of approximately $24,775,000. This amount does not take into account inflationary factors, such as increasing construction costs, which would increase that figure depending on when the owner, developer and/or Agency is able to develop, construct or initiate those activities. The Study has concluded the capacity of revenue allocation funds through the term of the Plan based on the assumed development projects and assessed value increases will likely generate an estimated $25,924,600. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts predicted in the event higher increases in assessed values occur during the term of the Plan for the improvements and activities identified. Additionally, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified. 105 Open Land Criteria This Plan contemplates Agency acquisition of property within the Project Area, in part, to support economic development/demonstration projects and housing. The Project Area is not predominantly open, and it does not include any agricultural zoning districts; however, the Project Area includes parcels that are vacant that could meet the undefined"open land"requiring the area meet the conditions set forth in Idaho Code Section 50-2008(d). These conditions include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or another in the definitions of deteriorated area or deteriorating area set forth in Idaho Code Sections 50-2018(8), (9) and 50-2903(8). The issues listed only in Idaho Code Section 50-2008(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and"the need for the correlation of the area with other areas of a 8 Page 391 Item#15. municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area." Open land areas qualify for Agency acquisition and development for residential uses if the City Council determines there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City, that the need for housing will be increased as a result of the clearance of deteriorated areas, that the conditions of blight in the area and the shortage of decent, safe and sanitary housing contributes to an increase in the spread of disease and crime and constitutes and menace to the public health, safety, morals, or welfare, and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. Due to the City's expected growth, the need for housing, including affordable and/or workforce housing, is significant and integral to a successful mixed-use Project Area. Further, the existing zoning designations in the Project Area allow for mixed-density residential, and the future land use map shows areas of projected increased residential density, including surrounding potential commercial projects. Open land areas qualify for Agency acquisition and development for primarily nonresidential uses if acquisition is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives if any of the deteriorating area conditions set forth in Idaho Code Sections 50-2018(8), (9) and 50-2903(8) apply. But such areas also qualify if any of the issues listed only in Idaho Code Section 50-2008(d)(4)(2) apply. The substantial number of deteriorating structures, a predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, and economic disuse, are all conditions which delay or impair development of the open land areas and satisfy the open land conditions as more fully supported by the Report, which was prepared by Kushlan I Associates. This Plan does anticipate Agency acquisition of property within the Project Area; however, the acquisition of specific parcels is unknown at this time. Should the Agency determine the need to acquire property as further set forth in Attachment 3, then the open land areas qualify for Agency acquisition and development. 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 1, and incorporated herein by reference, and are described in the Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 2, and incorporated herein by reference. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise stated. 9 Page 392 Item#15. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General 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, to increase connectivity and transit options, 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 streets and streetscapes, including but not limited to improvements and upgrades to portions of Northeast 2nd Street,Northeast 2 1/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 4th Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, and Fairview Avenue frontage and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; b. 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; C. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; d. The engineering, design, installation, construction and/or reconstruction of sidewalks and related pedestrian facilities, curb and gutter and streetscapes, including but not limited to improvements to portions of Northeast 2nd Street, Northeast 2 1/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 4th Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue and Fairview Avenue frontage; e. The engineering, design, installation, construction, and/or reconstruction of utilities including but not limited to improvements and upgrades to the water distribution system, including extension of the water distribution system, water capacity improvements, water storage upgrades, sewer system improvements and upgrades, including extension of the sewer collection system, lift station, and improvements, and upgrades to power, gas, fiber optics, communications, and other such facilities; f. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to fire protection systems, floodway and flood zone mitigation; and other public improvements that may be deemed appropriate by the Board; 10 Page 393 Item#15. g. The engineering, design, installation, and/or construction of a public parking structure or structures and/or public surface parking lots and related public improvements; h. The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades, public parks and trails,pedestrian facilities,pathways and trails, recreational access points and to encourage and enhance housing affordability and housing diversity, enhance transit options and connectivity, decrease underutilized parcels, create development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers for qualified developments; i. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code Section 50-2011, and any disposition policies adopted by the Agency; j. The demolition or removal of certain buildings and/or improvements for public rights-of-way and streetscape improvements, pedestrian facilities, utility undergrounding extension and upgrades, public facilities, and to encourage and enhance housing affordability and housing diversity, enhance mobility options and connectivity, decrease underutilized parcels and surface parking lots, 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; k. The management of any property acquired by and under the ownership and control of the Agency; 1. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; M. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; n. The engineering, design, installation, construction, and/or reconstruction of below ground infrastructure to support the construction of certain municipal buildings pursuant to Idaho Code Section 50-2905A; o. 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; p. The provision of financial and other assistance to encourage greater density and a diverse mix of rental rates and housing options; I I Page 394 Item#15. q. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; r. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use residential (including affordable and/or workforce housing when and if determined to be a public benefit), commercial, office, retail areas, medical facilities, and educational facilities; S. The environmental assessment and remediation of brownfield sites, or sites where environmental conditions detrimental to redevelopment exist; t. 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 streetscape, 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; U. 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; V. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; W. The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; X. Agency and/or owner-developer construction,participation in the construction and/or management of public parking facilities and/or surface lots that support a desired level and form of development to enhance the vitality of the Project Area; Y. Other related improvements to those set forth above as further set forth in Attachment 5. 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. 12 Page 395 Item#15. 302 Urban Renewal Plan Objectives 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 Section 103, the Project Area has a history of stagnant growth and development compared to other areas of the City based on deteriorated or deteriorating conditions that have arrested or impaired growth in the Project Area primarily attributed to: a substantial number of deteriorating or deteriorated structures, widespread deterioration of site, underdeveloped properties; inadequate connectivity; lack of multi-use paths; the predominance of defective or inadequate street layout, faulty lot layout, insanitary and unsafe conditions, and diversity of ownership. The Plan for the Project Area is a proposal to work in partnership with public and private entities to improve, develop, and grow the economy within the Project Area by the implementation of a strategy and program set forth in Section 301 and in Attachment 5. 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 Section 303.1 of this Plan. It is recognized that the Ada County Highway District has exclusive jurisdiction over all public street rights-of-way within the Project Area, except for state highways. Nothing in this Plan shall be construed to alter the powers of the Ada County Highway District pursuant to Title 40, Idaho Code. 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, office and commercial areas including opportunities for community, cultural, educational, medical, and recreational facilities, as well as encourage economic development opportunities. C. Secure and improve certain public open space in critical areas. d. Initiate projects designed to increase affordable and workforce housing options and increased transportation and connectivity options. 13 Page 396 Item#15. 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 Section 50-2905. Land use in the Project Area will be modified to the extent that underutilized, underdeveloped, deteriorated, deteriorating and vacant land and land now devoted to uses inconsistent with the future land uses of the area will be converted to mixed-use, retail residential (including affordable and/or workforce housing) and commercial areas, cultural centers, food halls, transit oriented development, educational facilities, other public facilities and improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediations/site preparation,public parking, community facilities, fagade improvements, parks, plazas and pedestrian/bike pathways. 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 Project Area covered by the Plan. 303 Participation Opportunities and Agreements 303.1 Participation Agreements The Agency may enter into various development participation agreements with any existing or future owner of property in the Project Area, in the event the property owner seeks and/or receives assistance from the Agency in the development and/or redevelopment of the property. The terms "owner participation agreement," "participation agreement," or "development agreement" are intended to include all participation agreements with a property owner, including reimbursement agreements, grant agreements or other forms of participation agreements. In that event, the Agency may allow for an existing or future owner of property to remove the property and/or structure from future Agency acquisition subject to entering into an owner participation agreement. The Agency may also enter into owner participation agreements with other future owners and developers within the Project Area throughout the duration of the Plan in order to implement the infrastructure improvements set forth in this Plan. Each structure and building in the Project Area to be rehabilitated or 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 pursuant to the requirements of the Law and Act, and the Agency will so certify, if the rehabilitated or new structure meets the standards set forth in an executed owner participation agreement and complies with the applicable provisions of this Plan, local codes and ordinances and the Idaho Code. Additional conditions described below: • Any such property within the Project Area shall be required to conform to applicable provisions, requirements, and regulations of this Plan. The owner participation agreement may require as a condition of financial participation by 14 Page 397 Item#15. the Agency a commitment by the property owner to meet the greater objectives of the land use elements identified in the Comprehensive Plan, Destination: Downtown and applicable zoning ordinances and other requirements deemed appropriate and necessary by the Agency. 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. • 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. • Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan, as well as all applicable codes and ordinances of the City. All owner participation agreements will address development timing, iustification 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, 2041. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under the owner participation agreement. In all owner 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 an owner participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant under an owner participation agreement fails or refuses to rehabilitate, develop,use, and maintain its real property pursuant to this Plan and an owner participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: a. Encouraging property owners to revitalize and/or remediate deteriorated areas or deteriorating areas of their parcels to accelerate development in the Project Area. b. 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. 15 Page 398 Item#15. C. To accommodate improvements and expansions allowed by City regulations and generally consistent with this Plan for the Project Area. d. 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. e. Provide for advance funding by the developer/owner participant of those certain public improvements related to or needed for the private development and related to the construction of certain public improvements. 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. Though no specific advance funding by a developer/owner participant is shown in the cash analysis attachments, this Plan specifically allows for such an advance. 304 Cooperation with Public Bodies 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. 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. 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; provided, however, the Ada County Highway District has exclusive jurisdiction over Ada County Highway District streets. 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. The Agency intends to cooperate to the extent allowable with the City and the Ada County Highway District (or the Idaho Transportation Department), as the case may be, for the engineering, design, installation, construction, and/or reconstruction of public infrastructure improvements, including, but not limited to those improvements set forth in Section 301 and in Attachment 5. The Agency shall also cooperate with the City and the Ada County Highway District(or the Idaho Transportation Department) on various relocation, screening, or undergrounding projects and the providing of fiber optic capability. To the extent any public 16 Page 399 Item#15. entity, including the City and/or the Ada County Highway District, has funded certain improvements, the Agency may reimburse those entities for those expenses. The Agency also intends to cooperate and seek available assistance from state, federal and other sources for economic development. 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 Section 303.1 of this Plan. This Plan does not financially bind or obligate the City, Agency and/or any other public entity 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 participation agreement and in the annual budget adopted by the Agency Board. 305 Property Acquisition 305.1 Real Property 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 by Idaho law and provided 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. 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. Acquisition of property may be for the assembly of properties for redevelopment to achieve Plan goals including public benefits such as affordable and/or workforce housing. 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 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 17 Page 400 Item#15. of Agency 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 Section 7-701A. The Agency is authorized by this Plan to acquire the properties for the uses identified in Attachment 3 hereto, including but not limited to property to be acquired for the extension or expansion of certain rights-of-way. The Agency is authorized by this Plan and Idaho Code Sections 50-2010 and 50- 2018(12) to acquire the properties identified in Attachment 3 hereto 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 those identified in Section 301 of the Plan and/or Attachment 5 hereto. Further, the Agency intends to acquire real property to facilitate commercial and/or economic development projects and/or high-density residential development 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 (including affordable and/or workforce housing), commercial and retail areas. The public improvements are intended to be dedicated to the City and/or other appropriate public entity, as the case may be, upon completion. The Agency reserves the right to determine which properties identified, if any, should be acquired. The open land areas qualify for Agency acquisition as further set forth in Section 105 of this Plan. 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, or by the City with the Agency acting in an advisory capacity4, 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. 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 Section 50-2018(12). The Agency has generally described those properties by use as set out in Attachment 3 for acquisition for the construction of public improvements. The Agency may also acquire property for the purpose of developing streetscape and public utilities, as well as to pursue disposition to third parties pursuant to a competitive process as set forth in Section 309. The Agency reserves the right to determine which properties, if any, should be acquired. 305.2 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 as limited by Idaho Code Section 7-701A for the purpose of developing the public improvements described in Section 305.1. a House Bill 1044,adopted by the Idaho Legislature during the 2021 Legislative Session,limited the Agency's ability to exercise eminent domain. 18 Page 401 Item#15. 306 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 development and/or redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project 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. The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation and the Ada County Highway District. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump-sum per case basis. The Agency may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt relocation guidelines which would define the extent of relocation assistance in non-federally assisted projects and which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance as may be warranted. In the event the Agency's activities result in displacement of families, 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 and shall also coordinate with the various local, state, or federal agencies concerning relocation assistance. 308 Demolition, Clearance and Site Preparation 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. 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 and/or environmental remediation. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities,parks,pedestrian walkways, public parking facilities, drainage facilities, and other public improvements necessary to carry out this Plan. 19 Page 402 Item#15. 309 Property Disposition and Development 309.1 Disposition by the Agency 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 law, including Idaho Code Section 50-2011 and pursuant to any disposition policies adopted by the Agency. 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. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. 309.2 Disposition and Development Agreements 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. The Agency shall reserve such powers and controls in the disposition and development documents as the Agency deems 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, 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 Ada County, Idaho. 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 disposition and development 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. 20 Page 403 Item#15. 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. That the developers, their successors, and assigns agree: a. That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency. b. 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. C. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. 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. e. All new construction shall have a minimum estimated life of no less than twenty (20)years. f. 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. g. That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale. h. 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. i. All disposition and development documents shall be governed by the provisions of Section 410 of this Plan. j. All other requirements and obligations as may be set forth in any participation policy established and/or amended by the Agency. 21 Page 404 Item#15. 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, 2041. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any disposition and development agreement. 309.3 Development by the Agency 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 Sections 50-2007, 50-2018(10) and(13), and 50-2903(9), (13), and(14), and as otherwise identified in Attachment 5, attached hereto, and incorporated herein by reference, and this Plan, and may acquire or pay for the land required, therefore. Any public facility ultimately owned by the Agency shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a private entity or management contract agreement shall include all necessary provisions sufficient to protect the public interest and public purpose. The Agency may enter into contracts, leases, and agreements with the City, the Ada County Highway District 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 Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code Section 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 310 Development Plans All development plans (whether public or private)prepared pursuant to disposition and development agreements or participation agreements 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 Section 410. Additionally, development must be consistent with all City ordinances. 311 Personal Property Disposition For 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. 312 [Reserved] 22 Page 405 Item#15. 313 Participation with Others 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 Community Development Block Grant Program("CDBG"), 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. 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 including the creation or redevelopment of affordable and/or workforce housing or transit improvements. 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. As allowed by law, the Agency may also use funds from any other sources or participate with the private or public sector with regard to any programs administered by the Idaho Department of Commerce, or other State or federal agencies, for any purpose set forth under the Law or Act. The Agency may enter into contracts, leases, and agreements with the City, ACHD, 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 Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code Section 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 314 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 an owner participation agreement with the Agency, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. 315 Arts and Cultural Funding The Agency may dedicate resources for the construction or purchase of facilities for the placement and maintenance of public art and arts projects may be selected and provided by the Agency, separately from any construction costs of developers. Though not required, the Agency 23 Page 406 Item#15. Board generally makes selections of the works of art with assistance from the City and the Meridian Arts Commission and may include review and approval of the City Council. When 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 identified in this Plan. 400 USES PERMITTED IN THE PROJECT AREA 401 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City, as may be amended, and as depicted on Attachment 4 and as set forth in the City's Comprehensive Plan and within the Meridian zoning ordinance and requirements, including the future land use map and zoning classifications, as may be amended. For the most part, the Project Area includes a mix of uses including mixed-use residential (mixed density and income), commercial, retail and office development, as well as public open spaces, and public structured parking and/or surface lots. Such improvements are consistent with the current zoning designations. Provided, however, nothing herein within this Plan shall be deemed to be granting any particular right to zoning classification or use. 402 [Reserved] 403 Public Rights-of-Way The Project Area contains existing maintained public rights-of-way included within the boundaries, as set forth on Attachments 1. Any new roadways, including new collectors and/or local roads to be engineered, designed, installed, and constructed in the Project Area, will be constructed in conjunction with any applicable policies and design standards of the City or Ada County Highway District (and State and Federal standards, as the case may be)regarding dedicated rights-of-way. Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development, and other potential roadways generally described in this Plan and in Attachment 5. Additional improvements to existing streets, alleys and easements may be created, improved, or extended in the Project Area as needed for development. Existing dirt roadways, streets, easements, and irrigation or drainage laterals or ditches may be abandoned, closed, or modified as necessary for proper development of the Project Area, in accordance with any applicable policies and standards of the Idaho Transportation Department, the City or Ada County Highway District regarding changes to dedicated rights-of-way, and appropriate irrigation or drainage districts regarding changes to laterals or ditches. Any development, maintenance and future changes in the existing interior or exterior street layout shall be in accordance with the objectives of this Plan and the standards of the City, the Ada County Highway District, or the Idaho Department of Transportation as may be 24 Page 407 Item#15. applicable; 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 (including cars, trucks, bicycles, etc.), vehicular 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 agreements 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 developments, but to also serve areas outside the Project Area 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. 404 Other Public, Semi-Public, Institutional, and Nonprofit Uses The Agency is also authorized to permit the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses, including park and recreational facilities; educational, fraternal, and employee facilities; philanthropic and charitable institutions; utilities; governmental facilities; railroad rights-of-way and equipment; 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. 405 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. However, any interim use must comply with applicable City Code. 406 Development in the Project Area Subject to the Plan All real property in the Project Area, under the provisions of either a disposition and development agreement or participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, redeveloped, rehabilitated, 25 Page 408 Item#15. or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 407 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards All construction in the Project Area shall comply with all applicable state laws, the Meridian City Code, as may be amended from time to time, and any applicable City Council ordinances pending codification, including but not limited to, regulations concerning the type, size, density and height of buildings; open space, landscaping, light, air, and privacy; the undergrounding of utilities; limitation or prohibition of development that is incompatible with the surrounding area by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors; parcel subdivision; off-street loading and off-street parking requirements. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or participation agreement. 408 Minor Variations Under exceptional circumstances, the Agency is authorized to allow a variation from the limits, restrictions, and controls established by this Plan. In order to allow 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 standards, restrictions, and controls; C. Allowing a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and d. Allowing a variation will not be contrary to the objectives of this Plan. No variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of this Plan. In allowing any such variation, the Agency shall impose such conditions as are necessary to protect the public peace, health, safety, or welfare and to assure compliance with the purposes of the Plan. Any variation allowed by the Agency hereunder shall not supersede any other approval required under City codes and ordinances and shall not be considered a modification to the Plan. 26 Page 409 Item#15. 409 Nonconforming Uses This Section applies to property owners seeking assistance from the Agency regarding their property. The Agency may permit an existing use to remain in an existing building and site usage 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 imposition of such reasonable restrictions as may be necessary to protect the development and use within 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 improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding Project uses and development. All nonconforming uses shall also comply with the City codes and ordinances. 410 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement Within the limits, restrictions, and controls established in this Plan, the Agency is authorized to establish heights of buildings, density, 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. Any development must also comply with the City's zoning ordinance regarding heights, setbacks, density, and other like standards. In the case of property which is the subject of a disposition and development agreement or owner participation agreement with the Agency, no new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan. Under a disposition and development agreement or owner participation agreement, the design guidelines and land use elements of the Plan shall be achieved to the greatest extent feasible, though the Agency retains the authority to grant minor variations under this Plan and subject to a negotiated agreement between the Agency and the developer or property owner. Under those agreements, the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. In such agreements, the Agency may impose additional design controls. One of the objectives of this Plan is to create an attractive pedestrian environment in the Project Area. Therefore, such plans shall give consideration to good design and amenities to enhance the aesthetic quality of the Project Area. The Agency shall find that any approved plans do comply with this Plan. The Agency reserves the right to impose such design standards on an ad hoc basis through the approval process of the disposition and development agreement or owner participation agreement. Any change to such approved 27 Page 410 Item#15. design must be consented to by the Agency and such consent may be conditioned upon reduction of Agency's financial participation towards the Project. In the event the Agency adopts design standards or controls, those provisions will thereafter apply to each site or portion thereof in the Project Area. These additional design standards or controls will be implemented through the provisions of any disposition and development agreement or owner participation agreement. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinances. 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Method The Agency is authorized to finance this Project with revenue allocation funds, financial assistance from the City(loans, grants, other financial assistance), the state of Idaho, the federal government or other public entities, interest income, developer advanced funds, donations, loans from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency- owned property,public parking revenue, or any other available source, public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter-fund transfer from other urban renewal project areas. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also supply additional assistance through City loans and grants for various public improvements and facilities. The City, or any other public agency, as properly budgeted, may expend money to assist the Agency in carrying out this Project. As allowed by law and subject to restrictions as are imposed by law, the Agency is authorized to issue notes or 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. 502 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2021. These revenue allocation provisions shall apply to all taxing districts which are located in or overlap the Revenue Allocation Area shown and described on Attachments 1 and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. 28 Page 411 Item#15. The Agency, acting by one or more resolutions adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred(pay-as-you-go) or to pledge all or any portion of such revenues to the repayment of any moneys advance-funded by developers or property owners,borrowed, indebtedness incurred, or notes or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code Section 50-2903(14)) of one or more urban renewal projects. The Agency may consider a note or line of credit issued by a bank or lending institution premised upon revenue allocation funds generated by a substantial private development contemplated by the Study, as defined in Section 502.1,which would allow the Agency to more quickly fund the public improvements contemplated by this Plan. Likewise, a developer/owner advanced funding of certain eligible public infrastructure improvements to be reimbursed pursuant to an owner participation agreement could achieve the same purpose. Upon enactment of a City Council ordinance 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 50-2908. The Agency shall use such funds solely in accordance with Idaho Code Section 50-2909 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. A statement listing proposed public improvements and facilities, a schedule of improvements, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code Section 50-2905 is included in this Plan and in Attachment 5 to this Plan. This statement necessarily incorporates estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Agency is hereby authorized to adjust the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs to effectuate the general objectives of the Plan in order to account for revenue inconsistencies, market adjustments, future priorities, developers/owners seeking Agency assistance pursuant to an owner participation agreement, and unknown future costs. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in the annual budget. The Agency may appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of notes or bonds. The Agency may also obtain advances or loans from the City or Agency, or private entity and financial institutions in order to immediately commence construction of certain of the public improvements. Developer advanced funding of public improvements could also achieve the same purpose. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise)by the Agency to finance or refinance the Project in whole or in part, including reimbursement to developers for the cost of eligible public improvements. 29 Page 412 Item#15. Revenues will continue to be allocated to the Agency until termination of the revenue allocation area as set forth in Section 800. Attachment 5 incorporates estimates and projections based on the Agency's and its consultants' present knowledge and expectations concerning the length of time to complete the improvements and estimated future revenues. The activity may take longer depending on the significance and timeliness of development. Alternatively, the activity may be completed earlier if revenue allocation proceeds are greater, or the Agency obtains additional funds from another source. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise)by the Agency to finance or refinance the Project in whole or in part, including reimbursement to any owner/developer for the cost of eligible public improvements pursuant to an owner participation agreement. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. The Agency reserves the right to either pay for Project Costs from available revenue (pay-as-you-go basis) or borrow funds by incurring debt through notes or other obligations. Revenue allocation proceeds are deemed to be only a part of the proposed funding sources for the payment of public improvements and other project improvements. Additionally, project funding is proposed to be phased for the improvements, allowing various sources of funds to be accumulated for use. 502.1 Economic Feasibility Study Attachment 5 constitutes the Economic Feasibility Study(the "Study"),prepared by Kushlan I Associates. The Study constitutes the financial analysis required by the Act and is based upon existing information from property owners, developers, the Agency, the City, and others. 502.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachment 5 assumes certain completed and projected actions. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness (and all other loans or indebtedness), developer reimbursement and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the proposed development take place as projected, the project indebtedness could be extinguished earlier, dependent upon the bond sale documents or other legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term. 30 Page 413 Item#15. The Plan and the Plan Attachments incorporate estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Plan proposes certain public improvements as set forth in this Plan and in Attachment 5, which will facilitate mixed- use commercial, residential, office and retail development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency and its consultants through public sources or discussions with property owners, developers, the City, and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then-current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency reserves the right to fund the Project on a"pay-as-you-go"basis. The Agency Board will prioritize the activities set forth in this Plan and determine what funds are available and what activities can be funded. The Agency will establish those priorities through its mandated annual budgetary process. The list of public improvements, or activities within Attachment 5 are prioritized by way of feasibility based on estimated revenues to be received, amounts funded, and by year of funding. The projected timing of funding is primarily a function of the availability of financial resources and market conditions but is also strategic, considering the timing of anticipated or projected private development partnership opportunities and the ability of certain strategic activities to stimulate development at a given point in time within the duration of the Plan and Project Area. The assumptions concerning revenue allocation proceeds are based upon certain anticipated or projected new developments, assessed value increases, and assumed tax levy rates as more specifically set forth in Attachment 5. Further, the financial analysis set forth in Attachment 5 has taken into account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50-2908. In projecting new construction, the Study considered parcels identified as expected to develop over the life of the Project Area, communications with potential developers and City staff, and historical market absorption rates for commercial, office, retail, and residential improvements. The types of new construction expected in the Project Area are mixed-use residential (including affordable and workforce housing), commercial, office and retail projects, and related public improvements, including streetscapes, installation and/or improvements to public open spaces and plazas. The Project Area has potential for a significant increase in mixed-use, high- density residential, commercial, office and retail growth due to the location of the Project Area. However, without a method to construct the identified public improvements such as main water and sewer lines, street infrastructure, and pedestrian amenities, development is unlikely to occur in much of the Project Area. It is understood that application of certain exemptions, including the homeowner's exemption and Idaho Code Section 63-602K, which provides for personal property tax 31 Page 414 Item#15. exemption to businesses may have the effect of reducing the increment value,which in turn reduces revenue. 502.3 Ten Percent Limitation Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent(10%) of the current assessed taxable value for the entire City. According to the Ada County Assessor, the assessed taxable value for the City as of January 1, 202,5 less homeowners' exemptions, is $10,375,837,804. Therefore, the 10% limit is $1,037,583,780. The adjusted base assessed value of each of the existing revenue allocation areas as of January 1, 2020, is as follows: Downtown District6 $146,334,050 Ten Mile District $39,539,125 Union District $2,144,360 Proposed Northern Gateway District $68,805,474 Proposed Linder District $11,978,500 Proposed Union District Addition $3,414,100 The adjusted base values for the combined existing and proposed revenue allocation areas and the estimated base value for the proposed Project Area, less homeowners' exemptions, is $272,215,609, which is less than 10% of the City's 2020 taxable value. 502.4 Financial Limitation The Study identifies a number of capital improvement projects. Use of any particular funding source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limitations set forth in the Law, the Act, by contract, or by other federal regulations. If revenue allocation funds are unavailable, then the Agency will need to use a different funding source for that improvement. The amount of funds available to the Agency from revenue allocation financing is directly related to the assessed value of new improvements within the Revenue Allocation Area. Under the Act, the Agency is allowed the revenue allocation generated from inflationary increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. 5 Due to the timing of the assessment process and creation of this Plan,the 2020 certified values have been used to establish compliance with the 10%limitation.Using the 2020 values,the total adjusted base value of the existing and proposed revenue allocation areas combined with the value of this Project Area are less than 2.62%of the total taxable value of the City. Even assuming an increase in values for 2021,the combined adjusted base values of the revenue allocation areas would not exceed 10%of the current assessed taxable value for the entire City. 6 Less area deannexed by the First Amendment to the Meridian Revitalization Plan Urban Renewal Project,and the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project. May not be established until calendar year 2022. 32 Page 415 Item#15. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources maybe utilized including annual revenue allocations, developer contributions, city contributions, interfund loan, federal funding, grants, property disposition and other financing sources as permitted by law. This Study identifies the kind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing illustrating project costs, and the time when related costs or monetary obligations are to be incurred.$ Based on these funding sources, the conclusion is that the Project is feasible. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts projected in the Study for the purpose of funding the additional identified projects and improvements. The projections in the Study are based on reasonable assumptions and existing market conditions. However, should the Project Area result in greater than anticipated revenues, the Agency specifically reserves the ability to fund the additional activities and projects identified in this Plan. Further, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified, including but not limited to disposition and development agreements and owner participation agreements. The Agency may also re-prioritize projects pursuant to market conditions,project timing, funding availability, and other considerations as more specifically detailed in the annual budget. The proposed timing for the public improvements may have to be adjusted depending upon the availability of some of the funds and the Agency's ability to finance any portion of the Project. Any adjustment to Project timing or funding is technical or ministerial in nature and shall not be considered a modification of the Plan pursuant to Idaho Code Section 50- 2903A. Attachment 5 lists those public improvements the Agency intends to construct or fund through the term of the Plan. The costs of improvements are estimates only as it is impossible to know with any certainty what the costs of improvements will be in future years. There is general recognition that construction costs fluctuate and are impacted by future unknowns, such as, the cost of materials and laborers. Final costs will be determined by way of construction contract public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the Agency, City, or other public entity, to any particular level of funding; rather, identification of the activity in the Plan allows the Agency to negotiate the terms of any reimbursement with the developer and/or the public entities. This Plan does not financially bind or obligate the Agency, City or other public entity 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. The City has not committed to fund any public infrastructure improvements within the Project Area. Such decisions concerning capital improvement projects and/or other expenditures are made by the City annually pursuant to its budget and appropriations process. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any participation agreement and in the annual budget adopted by the Agency Board. The proposed location and 'See Idaho Code§ 50-2905. 33 Page 416 Item#15. siting of the proposed public infrastructure and other improvement projects in the Project Area are generally described in Attachment 5 recognizing that the specific location of the projects will depend on the type and timing of development. The change in the location of the improvements shown in Attachment 5 does not constitute a modification to the Plan. The Agency reserves its discretion and flexibility in deciding which improvements are more critical for development or redevelopment, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. Where applicable, the Agency also intends to coordinate its participation in the public improvements with the receipt of certain grants or loans which may require the Agency's participation in some combination with the grant and loan funding. Generally, the Agency expects to develop those improvements identified in Attachment 5 first, in conjunction with private development within the Project Area generating the increment as identified in Attachment 5. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. 502.5 [Reserved] 502.6 Participation with Local Improvement Districts and/or Business Improvement Districts Under the Idaho Local Improvement District ("LID") Code, Chapter 17, Title 50, Idaho Code, the City has the authority to establish local improvement districts for various public facilities, including, but not limited to, streets, curbs, gutters, sidewalks, storm drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation, to participate in the funding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. Similarly, to the extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation, to participate in the funding of the purposes specified under the Business Improvement Districts Code, Chapter 26, Title 50, Idaho Code. 502.7 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 34 Page 417 Item#15. 502.8 Impact on Other Taxing Districts and Levy Rate An estimate of the overall impact of the revenue allocation project on each taxing district is shown in the Study through the new development projections set forth in Attachment 5. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in which a revenue allocation area is approved by a municipality, with periodic adjustments allowed by Idaho law. The increment value is the difference between the adjusted base assessed value and current assessed taxable value in any given year while the property is in a revenue allocation area. Under Idaho Code Section 63-802, taxing entities are constrained in establishing levy rates by the amount each budget of each taxing district can increase on an annual basis9. Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Idaho Code Section 63-802. Therefore, the impact of revenue allocation on the taxing entities is more of a product of the imposition of Idaho Code Section 63-802,then the effect of urban renewal. The County Board of Commissioners calculates the levy rate required to produce the proposed budget amount for each taxing entity using the assessed values which are subject to each taxing entity's levy rate. Assessed values in urban renewal districts which are subject to revenue allocation(incremental values) are not included in this calculation. The combined levy rate for the taxing entities is applied to the incremental property values in a revenue allocation area to determine the amount of property tax revenue which is allocated to an urban renewal agency. The property taxes generated by the base values in the urban renewal districts and by properties outside revenue allocation areas are distributed to the other taxing entities. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue allocation area. The difference is how the revenue is distributed. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected during the term of the Plan; hence, there would be lower increases in assessed valuation to be used by the other taxing entities. The Study's analysis is premised upon the fact the proposed development would not occur but for the ability to use revenue allocation funds to fund certain significant public infrastructure improvements. One result of new construction occurring outside the revenue allocation area(see Idaho Code §§ 63-802 and 63-301A) is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction10. From and after December 31, 2006, Idaho Code Section 63-301A prohibits taxing entities from including, as part of the new construction 9 House Bill 389 passed during the 2021 Legislative Session,effective in significant part as of January 1,2021, further limits a taxing entity's ability to increase the property tax portion of its budget. The Study has considered the impact of House Bill 389 on the Project's overall feasibility. "House Bill 389 amended Idaho Code Sections 63-802 and 63-301A limiting the value placed on the new construction roll and available to a taxing district for a budget capacity increase. This could result in lower levy rates over time. 35 Page 418 Item#15. roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area is not available for inclusion by the taxing entities to increase their budgets. Upon termination of this Plan and Project Area or deannexation of area, the taxing entities will be able to include a percentage11 of the accumulated new construction roll value in setting the following year's budget and revenue pursuant to Idaho Code Sections 63-802 and 63-301A. As the 2021 certified levy rates are not determined until late September or October 2021, the 2020 certified levy rates have been used in the Study for purposes of the analysis.12 Those taxing districts and their 2020 certified levy rates are as follows:13 Taxing Districts: Lew Rates: The City of Meridian .002230856 The West Ada School District(School District No. 2) .000014472 Ada County .002149935 Emergency Medical District/Ada County Ambulance .000118422 Mosquito Abatement District .000021106 The Ada County Highway District .000701539 Meridian Library District .000430489 Meridian Cemetery District .000048343 Western Ada Recreation District .000037736 College of Western Idaho .000124266 TOTAL14 .005877164 House Bill 587, as amended in the Senate, effective July 1, 2020, amends Idaho Code Section 50-2908 altering the allocation of revenue allocation funds to the Agency from the Ada County Highway District levy 15. This amendment will apply to this Project Area and provides: "[i]n the case of a revenue allocation area first formed or expanded to include the property on or after July 1, 2020, all taxes levied by any highway district,unless the local governing body that created the revenue allocation area has responsibility for the maintenance of roads or highways" will be allocated to the applicable highway district, which in this case is the Ada County Highway District. However, amended Idaho Code Section 50-2908 further provides the highway district and Agency may enter into an agreement for a different allocation. A copy of any agreement is 11 Pursuant to House Bill 389,80%of the total eligible increment value is added to the new construction roll. 12 Due to the timing of the taxing districts'budget and levy setting process,certification of the 2021 levy rates did not occur until this Plan had been prepared. In order to provide a basis to analyze the impact on the taxing entities, the 2020 levy rates are used. Use of the 2020 levy rates provides a more accurate base than estimating the 2021 levy rates. "It is unclear how the personal property tax exemption set forth in Idaho Code Section 63-602KK,and as amended by House Bill 389,effective January 1,2022,may impact the levy rate. la Net of voter approved bonds and levies. is Senate Bill 1107,as amended in the Senate,effective July 1,2021,made a corresponding amendment to Idaho Code Section 40-1415(3)to address the responsibility for funding certain urban renewal projects. 36 Page 419 Item#15. required to be submitted to the Idaho State Tax Commission and to the Ada County Clerk by the Ada County Highway District as soon as practicable after the parties have entered into the agreement and by no later than September 1 of the year in which the agreement takes effect. The Plan includes significant transportation elements, and the Agency intends to work with the Ada County Highway District to enter into an agreement allowing the Agency to retain the revenues from the highway district levies. The Study has made certain assumptions concerning the levy rate. The levy rate is estimated to be 10% lower than the combined 2020 certified levy rate to adjust for the impact of House Bill 389, as well as considering the rapidly increasing property values. The levy rate is anticipated to remain level for the life of the Project Area. As the actual impact of the property value fluctuations on the levy rate is unknown, the Study has assumed a combined conservative levy rate of.0053. Land values are estimated to inflate at 8%/year for five (5)years and then inflate at a rate of 4%/year for the remaining duration of the Project Area. Improvement values are estimated to inflate at a rate of 10%/year for five (5)years, and thereafter are estimated to inflate at a rate of 5%/year for the duration of the Project Area. Estimated new development is anticipated to be fully on the tax rolls in years 2025, 2027, 2028, 2029, 2030, 2032, 2033 and 2035. It is further estimated the properties in the district will generate $500,000 in taxable value annually. If the overall levy rate is less than projected, or if expected development fails to occur as estimated, the Agency shall receive fewer funds from revenue allocation. Pursuant to Idaho Code Section 50-2908, the Agency is not entitled to revenue allocation proceeds from certain levy increases which are allowed by either specific statutory authorization or approved by an election of the qualified electors of the particular taxing district. Therefore, for any levy election, the Agency will not receive revenue allocation funds which would have been generated by imposing that levy on the assessed valuation within the Project Area. The Study has taken this statute into account. 503 Phasing and Other Fund Sources The Agency anticipates funding only a portion of the entire cost of the public improvements shown on Attachment 5. Other sources of funds may include City, other public entity partners, and developer participation. It is important to note this Plan does not financially bind or obligate the City, Agency and/or any other public entity to any project or property acquisition. Agency and/or other public entity participation in any project shall be determined by the amount of revenue allocation funds generated and pursuant to the annual budgeting process. 504 Lease Revenue, Parking Revenue, and Bonds Under the Law(see Idaho Code § 50-2012), the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing, the public entity would pay the Agency a lease payment annually which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing,which provides a mechanism where the Agency uses its bonding authority for the Project, with the end user making payments to the Agency to retire the bond debt. These sources of revenues are not related to revenue allocation funds and are not 37 Page 420 Item#15. particularly noted in the Study, because of the "pass through" aspects of the financing. Under the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency's financial model. These financing models typically are for a longer period of time than the 20-year period set forth in the Act. However, these financing models do not involve revenue allocation funds, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code Section 50- 2905(8) as those resources involve funds not related to revenue allocation funds. 505 Membership Dues and Support of Community Economic Development The Act is premised upon economic development being a valid public purpose. To the extent allowed by the Law and the Act, the Agency reserves the authority to use revenue allocation funds to contract with non-profit and charitable organizations established for the purpose of supporting economic development and job creation. Additionally, the Agency reserves the authority to expend revenue allocation funds to join, participate and support non- profit organizations established to support Agency best practices and administration. The District Operating Expenses identified in the Study shall be deemed to include expenditures for the purposes described in this section as may be deemed appropriate during the annual budgetary process. 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES 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 deterioration. Actions by the City may 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, 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 may 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. Building Code enforcement. 38 Page 421 Item#15. 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 development and/or redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. The undertaking and completing of any other proceedings necessary to carry out the Project. h. Administration of Community Development Block Grant funds that may be made available for this Project. i. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. j. Joint funding of certain public improvements, including but not limited to those identified in this Plan and Attachment 5 to the Plan. k. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan. 1. Assist with coordinating and implementing the public improvements in the Project Area identified in the Study. The foregoing actions, if taken by the City and/or the Ada County Highway District, do not constitute any commitment for financial outlays by the City. In addition to the above, other public entities 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. 601 Maintenance of Public Improvements The Agency has not identified any commitment or obligation for long-term maintenance of the public improvements identified. The Agency will need to address this issue with the appropriate entity,public or private, who has benefited from or is involved in the ongoing preservation of the public improvement. The Agency expects to dedicate public improvements to the City. 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. 39 Page 422 Item#15. 800 DURATION OF THIS PLAN, TERMINATION,AND ASSET REVIEW Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date of the Plan subject to extensions set forth in Idaho Code Section 50-2904. The revenue allocation authority will expire on December 31, 2041, except for any revenue allocation proceeds received in calendar year 2042, as contemplated by Idaho Code Section 50-2905(7). The Agency may use proceeds in 2042 to complete the projects set forth herein. As stated in the Plan, any disposition and development agreement or owner participation agreement obligations will cease as of December 31, 2041. Idaho Code Section 50-2903(5)provides the Agency shall adopt a resolution of intent to terminate the revenue allocation area by September 1. In order to provide sufficient notice of termination to the affected taxing districts to allow them to benefit from the increased budget capacity, the Agency will use its best efforts to provide notice of its intent to terminate this Plan and its revenue allocation authority by May 1, 2042, or if the Agency determines an earlier terminate date, then by May 1 of the early termination year: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the Agency funded through revenue allocation proceeds shall be satisfied and the Agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Idaho Code Section 50-2908 shall thereupon cease; any moneys in such fund or funds in excess of the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the Revenue Allocation Area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the Revenue Allocation Area; and the powers granted to the urban renewal agency under Idaho Code Section 50-2909 shall thereupon terminate. b. In determining the termination date, the Plan shall recognize that the Agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the Plan. C. For the fiscal year that immediately predates the termination date, the Agency shall adopt and publish a budget specifically for the projected revenues and expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January 1 of the termination year pursuant to the terms of Idaho Code Section 50-2909(4). In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years,by May 1, but in any 40 Page 423 Item#15. event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Idaho Code Section 50-2909 should a surplus be determined to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Idaho Code Section 63-215. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, subject to the following paragraph, the Agency intends to dispose of any remaining assets by granting or conveying or dedicating such assets to the City, unless based on the nature of the asset, disposition to another public entity is more appropriate. As allowed by Idaho Code Section 50-2905(8), the Agency may retain assets or revenues generated from such assets as long as the Agency shall have resources other than revenue allocation funds to operate and manage such assets. Similarly, facilities which provide a lease income stream to the Agency for full retirement of the facility debt will allow the Agency to meet debt services obligations and provide for the continued operation and management of the facility. For those assets which do not provide such resources or revenues, the Agency will likely convey such assets to the City, depending on the nature of the asset. 900 PROCEDURE FOR AMENDMENT OR MODIFICATION To the extent there are any outstanding loans or obligations, this Plan should not be modified pursuant to the provisions set forth in Idaho Code Section 50-2903A. Modification of this Plan results in a reset of the base value for the year immediately following the year in which the modification occurred to include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream as more fully set forth in Idaho Code Section 50-2903A subject to certain limited exceptions contained therein. As more specifically identified above, the Agency's projections are based on estimated values, estimated levy rates, estimated future development, and estimated costs of future construction/improvements. Annual adjustments, as more specifically set forth in the Agency's annual budget, will be required to account for more/less estimated revenue and prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not deemed a modification under Idaho Code Section 50-2903A(l)(a)(i). 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 41 Page 424 Item#15. 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency's activities for the preceding calendar year,which report shall include the financial data and audit reports required under sections 67-1075 and 67-1076, Idaho Code. This annual report shall be considered at a public meeting to report these findings and take comments from the public. Additionally, the Agency must comply with certain other reporting requirements as set forth in Idaho Code Section 67-107616, the tax commission plan repository,see Idaho Code § 50- 2913, and the tax commission's plan modification annual attestation,see Idaho Code § 50- 2903A. Failure to report the information requested under any of these statutes results in significant penalties, including loss of increment revenue, and the imposition of other compliance measures by the Ada County Board of County Commissioners. 1200 APPENDICES,ATTACHMENTS, EXHIBITS, TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. 16 House Bill 73,passed during the 2021 Legislative Session,significantly effective as of January 1,2021,with the remaining sections in full force and effect on and after January 1,2022,establishes a uniform accounting system for local governmental entities,including urban renewal agencies,which is to be administered by the State Controller. Going forward,Idaho Code Section 67-450E is superseded by Idaho Code Section 67-1076. 42 Page 425 Item#15. Attachment 1 Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Page 426 F E/�HIBI T B CH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION R MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE NE 114 OF THE NE 114 OF SEC TION 12, TO WNSHIP 3 NOR TH, RANGE 1 WEST, ALSO BEING IN THE S 112 OF THE SW 114 OF SECTION 6, AND IN THE NW 114 OF SECTION 7, AND IN THE N 112 OF THE SW 114 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 7/4 N LEGEND ah " URD BOUNDARY O 2 N S V16 CS 1/16 URD AREA O W N 89'08 51" E ^2404.26' SEE SHEET 2 OF 4 Z f Br4S15 QF BEARING, _ 1/4 1 6 8' S'J7" W 2 04.7 ' 7/4 S 89 26 54" E 2655,27' 12 X71 A U W CHERRY LANE SEE SHEET 3 OF 4 N O SE SE OF � NI IN N Z o 0 4�A LA s = S SHEET 4 OF 4 Z E '{ 114 C 1/4 18780 N 89:3.5 22 E 2394.97' �9�Z � P¢ E PINE AVENUE �^ If f \d 4. et A . KOC� CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD SCALE- 7'=7000' MERIDIAN, IDAHO 83642 (208)888-4312 SHEET > page 427 Item#15. EXHIBIT B (CONTINUED) SEE 12 1 N 0'18 09" E 1324 40' DETAIL 8 S V 16 7 ERID N ROA 176'9"E 43.51 W 19779' 1-12 L-10 N _ C-1 L- N n Oo' l L-11 N 0118D9"E L-12 f 28.88' I N , N 126'19" E 197.79' v DETAIL B NO SCALE / CS V16 1 SCALE 1'=300' oNNL LAN S � L-5 �\r, H 5 o G LEGEND �o ry 187 87 0 URD BOUNDARY T� of �O� � URD AREA aA ' K°off CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD SEE MERIDIAN, IDAHO 83642 DETAIL A (208)888-4312 L-4 62. 19' L-1 707' LINE DATA POINT OF L—2 L-3 6.32' �3 LINE BEARING DISTANCE y, BEGINNING [_2 L—1 S 88'35'17" W 35.08" E 8ARb.4RA L-2 N 1'2443" W 54.39' DRIW L—3 N 27'07 54" W 75.58' v L-4 N 51'10'43" W 78.50' L-5 N 02939" E 5.24' DETAIL A L—6 S 88'51'10" W 100.81, NO SCALE L-7 N 6455'11" W 91.10' 1�4 - N O'18'19" E L-8 S 38'1239" W 48.77' Irl 1300.92' L-9 N 89'4229"' W 183.94' CS V16 L-10 N 65'44109" W 8.70' L-1 1 N 89'37'07" W 4.50' L-12 N 0'18'09" E 90.62' CURVE DATA SHEET 2 OF 4 CURVE DELTA RADIUS ARC TANGENT CHORD �CHC-1 52'0452"" 35.00 31.81 17.10 30.73 age 428 Item#15. EXHIBIT B (CONTINUED) 714 h L-14 LLLw-15T TR ET j L-15;15 �^ SCALE: I'J00' L-16 ry n N MERIDIAN ROAD L—19 L—20 N 0"23 29" E 2652. L—21 2 1 S .4 LEGEND a' 3' 9" 1a1 . 9 L-2� ,� 6 j� 46.00' ry L-25 f URD BOUNDARY 4 23j DO L-2 2 29"W URD AREA ti ti LA s A V. 18780 �9T- DQ� oo F A . f{0� `� NE 2ND 1 2 STREET LINE DATA LINE BEARING DISTANCE L-13 S O33'06" W 57.00' �u C L-14 S 62'43'15" E 12.62' L-15 S 86'48 50" E 60.07' L-16 N 6624'13" E 12.07' E 3R L-17 S 89'26 54" E 182.01' L-18 S 4534'48" E 4 7.81' L-191 S 325'19" E 87.40' L-20 S 0'2329'" W 719.26' L-21 S 89'36 31" E 57.50' N EET L-22 N 02329" E 9.32' , L-4 L-23 N 8936 58" E 240.02" L-24 S 89'36 58" W 50.01' 9.78 N a' �0 7 4.62' L-25 S 0'23 29"" W 106.39" 652.57' Z L-26 S 89'36'05" W 750.01' - 62.05' L-40 N 45'3447" E 27.80' P o L-41 S 882346" E 62.38' I Cn 49"99 �6a 06' N 0736 25" E 310.05' CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD POINT OF MERIDIAN, IDAHO 83642 BEGINNING (208)888-4312 114 SHEET 3 OF 4 N O'34 47" E 2694,28' Page 429 Item#15. EXHIBIT B (CONTINUED) N MERIDIAN ROAD SCALE: 1''=300' 1/4 N 0 23 29" E 2652. 11' S 0"rJ, �,N ' LEGEND gJ URD BOUNDARY = Q Q o URD ARE4 Z u) W � W [A Lu 3 Ty 25 4' N MAIN STREET 80.00' ^•� NA LAN 0s E N 5 a 340.01' oi L-31 S O'3324"W L-29 N Z� 18780 25 0 ' 001' 25 99' 60 0 � 2j0.7 N `rr �� �2 .31'57" 59 .02' 1p'- o F[.10Q r^`� B0.a 1' Na STR r !C q tit p paw o 1 o NE 2ND I � z 80.04 591.98 Qi 25 . 3' 8I3.01' 257 93' L-32 I rr 1 of `* 0'3 449� n+I N W 3/ �' -39 W � f L- 1.49, N NE 4TH STREET a; z N�'¢47 F �— L-J7 401.48' 12. L--38 60.❑1 L -34 AE 4 STREET L-33 o W 1 NE 5TH STREET �f E' 5TH S REET f 2 LINE DATA W LINE BEARING DISTANCE I LAJ Q i L-28 S 23.44 59"" E 9.44' W L-29 N 892636" W 37.00' L-30 N 89'3547" E 87.19' W L-31 S O'32'o8" W 80.01'L-32 N 0'58 55" E 80.02' C 1/4 N O'34'47" E 2694.28' L-33 N O'34'47" E 60.01' L-34 S 89'3547" W 71.98' CIVIL SURVEY CONSULTANTS, INC. L-35 N O'35'o3" E l20.38' 2893 SOUTH MERIDIAN ROAD L-36 N 89'3547" E 11.00' MERIDIAN, IDAHO 83642 L-37 N O'35"00" E 120.38' (208)888-4312 L-38 N 89'3547" E 10.60' SHEET L-39 S 89'36'17" W 10.00' Page 430 Item#15. Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Page 431 Item#15. EXHIBIT A URBAN RENEWAL DISTRICT BOUNDARY DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION NORTHERN GATEWAY (Option B) A description for Urban Renewal District purposes located in the NE 1/4 of the NE 1/4 of Section 12, Township 3 North, Range 1 West, also being in the S 1/2 of the SW 1/4 of Section 6, and in the NW 1/4 of Section 7, and in the N 1/2 of the SW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said S 1/2 of the SW 1/4 of Section 6, from which a brass cap monument marking the southwesterly corner of said Section 6 bears S 88'35'17" W a distance of 2404.78 feet; Thence S 88035'17" W along the southerly boundary of said Section 6 a distance of 389.74 feet to the POINT OF BEGINNING; Thence continuing S 88°35'17" W a distance of 35.08 feet to a point; Thence leaving said southerly boundary N 1'24'43" W a distance of 54.39 feet to a point marking the southwesterly corner of that PARCEL as shown on Record of Survey No. 2969, Instrument No. 94082169, found in the office of the Recorder, Ada County, Idaho; Thence N 27'07'54" W along the southwesterly boundary of said PARCEL a distance of 75.58 feet to a point marking the westerly corner of said PARCEL, said point being the southerly corner of PARCEL A as described in Warranty Deed Instrument No. 96048180 as found in said office of the Recorder; Thence leaving said southwesterly boundary of said PARCEL and along the southwesterly boundary of said PARCEL A the following described courses: Thence N 51'10'43" W a distance of 78.50 feet to a point; Thence N 71'30'43" W a distance of 684.82 feet to a point; Thence N O'29'39" E a distance of 5.24 feet to a point marking the southeasterly corner of LA PLAYA MANOR ESTATES SUBDIVISION as found in Book 70 of plats at Pages 7187— 7188 in said office of the Recorder; Page 1 of 8 Page 432 Item#15. Thence leaving said southwesterly boundary of said PARCEL A and along the southwesterly boundary of said LA PLAYA MANOR ESTATES SUBDIVISION the following described courses: Thence S 88°51'10" W a distance of 100.83 feet to a point; Thence N 64*55'11" W a distance of 91.10 feet to a point; Thence N 52'28'52" W a distance of 886.26 feet to a point on the southerly right-of-way of E Carmel Drive; Thence continuing N 52028'52" W a distance of 60.00 feet to a point on the northerly right-of-way of E Carmel Drive; Thence leaving said southwesterly boundary of LA PLAYA MANOR ESTATES SUBDIVISION and along said northerly right-of-way the following described courses: Thence S 38012'39" W a distance of 48.77 feet to a point; Thence a distance of 31.81 feet along the arc of a 35.00 foot radius curve right, said curve having a central angle of 52`04'52" and a long chord bearing S 64°15'05" W a distance of 30.73 feet to a point; Thence N 89'42'29" W a distance of 183.94 feet to a point; Thence N 65`44'09" W a distance of 8.70 feet to a point on the easterly right-of-way of N Meridian Road; Thence leaving said northerly right-of-way and along said easterly right-of-way the following described courses: Thence N 1026'19" E a distance of 197.79 feet to a point; Thence N 0°18'09" E a distance of 28.88 feet to a point; Thence N 89'37'07" W a distance of 4.50 feet to a point; Thence N 0'18'09" E a distance of 90.62 feet to a point on the northerly boundary of said S 1/2 of the SW 1/4 of Section 6; Page 2 of 8 Page 433 Item#15. Thence leaving said easterly right-of-way S 89'08'51" W along said northerly boundary a distance of 43.51 feet to a point marking the northwesterly corner of said S 1/2 of the SW 1/4 of Section 6; Thence S 0*18'09" W along the westerly boundary of said S 1/2 of the SW 1/4 a distance of 1324.40 feet to a point marking the southwesterly corner of said S 1/2 of the SW 1/4, said point being the northeasterly corner of said Section 12; Thence N 89'26'54" W along the northerly boundary of said Section 12 a distance of 357.11 feet to a point; Thence leaving said northerly boundary S 0033'06" W a distance of 57.00 feet to a point on the southerly right-of-way of W Cherry Lane; Thence along said southerly right-of-way the following described courses: Thence S 62'43'15" E a distance of 12.62 feet to a point on the westerly right-of-way of NW 2nd Street; Thence leaving said westerly right-of-way S 86'48'50" E a distance of 60.07 feet to a point on the easterly right-of-way of NW 2nd Street; Thence leaving said easterly right-of-way N 66°24'13" E a distance of 12.07 feet to a point; Thence S 89*26'54" E a distance of 182.01 feet to a point; Thence S 45034'48" E a distance of 41.81 feet to a point on the westerly right-of-way of N Meridian Road; Thence leaving said southerly right-of-way and along said westerly right-of-way the following described courses: Thence S 3'25'19" E a distance of 81.40 feet to a point; Thence S 0°23'29" W a distance of 119.26 feet to a point; Thence leaving said westerly right-of-way S 89°36'31" E a distance of 57.50 feet to a point on the westerly boundary of said NW 1/4 of Section 7; Page 3 of 8 Page 434 Item#15. Thence N 0°23'29" E along said westerly boundary a distance of 9.32 feet to a point on the extension of the northerly boundary of PARCEL A as shown on Record of Survey No. 10448, Instrument No. 2016-028560, found in said office of the Recorder; Thence N 89'36'58" E along said extension a distance of 46.00 feet to a point marking the northwesterly corner of said PARCEL A; Thence continuing N 89`36'58" E along the northerly boundary of said PARCEL A a distance of 194.02 feet to a point marking the northeasterly corner of said PARCEL A; Thence S 0°23'29" W along the easterly boundaries of said PARCEL A and of PARCEL 8 of said Record of Survey No. 10448 a distance of 233.00 feet to a point marking the southeasterly corner of said PARCEL 8; Thence S 89'36'58" W along the southerly boundary of said PARCEL 8 a distance of 50.01 feet to a point; Thence leaving said southerly boundary S 0°23'29" W a distance of 106.39 feet to a point; Thence S 89°36'05" W a distance of 150.01 feet to a point on the easterly right-of-way of N Meridian Road; Thence along said right-of-way the following described courses: Thence S 0°23'29" W a distance of 1015.39 feet to a point; Thence S 23°44'59" E a distance of 9.44 feet to a point on the northerly right-of-way of E Washington Street; Thence leaving said easterly right-of-way N 89°36'04" E along said northerly right-of-way a distance of 440.45 feet to a point on the westerly right-of-way of N Main Street; Thence leaving said northerly right-of-way N 0'33'24" E along said westerly right-of-way a distance of 256.24 feet to a point on the extension of the northerly boundary of that PARCEL as shown on Record of Survey No. 1171, Instrument No. 8761859, found in said office of the Recorder; Thence leaving said westerly right-of-way N 89°58'13" E along said extension a distance of 80.00 feet to a point marking the northwesterly corner of said PARCEL; Page 4 of 8 Page 435 Item#15. Thence continuing N 89*58'13" E along the northerly boundary of said PARCEL a distance of 249.98 feet to a point marking the northeasterly corner of said PARCEL, said point being the northwesterly corner of SCHOOL PLAZA SUBDIVISION NO. 1 as found in Book 64 of plats at Pages 6501—6502 in said office of the Recorder; Thence along the easterly boundary of said PARCEL and the westerly boundary of said SCHOOL PLAZA SUBDIVISION NO. 1 the following described courses: Thence S 0*33'24" W a distance of 290.72 feet to a point; Thence N 89'26'36" W a distance of 37.00 feet to a point; Thence S 0*33'24" W a distance of 280.00 feet to a point marking the southeasterly corner of said PARCEL and marking the southwesterly corner of said SCHOOL PLAZA SUBDIVISION NO. 1; Thence leaving said boundaries and continuing S 0*33'24" W along an extension of said boundaries a distance of 60.01 feet to a point on the northerly boundary of Block 5 of FA NOURSES SECOND ADDITION as found in Book 2 of plats at Page 64 in said office of the Recorder; Thence leaving said extension N 89*35'47" E along said northerly boundary a distance of 87.19 feet to a point marking the northeasterly corner of said Block 5; Thence S 0°31'57" W along the easterly boundary of said Block 5 a distance of 255.99 feet to a point marking the southeasterly corner of said Block 5; Thence continuing S 0'31'57" W a distance of 80.01 feet to a point marking the northeasterly corner of Block 2 of said F A NOURSES SECOND ADDITION; Thence continuing S 0°31'57" W along the easterly boundary of said Block 2 a distance of 256.02 feet to a point marking the southeasterly corner of said Block 2; Thence S 0'32'08" W a distance of 80.01 feet to a point on the southerly right-of-way of E Pine Avenue as shown on Record of Survey No. 11653, Instrument No. 2018-119154, found in said office of the Recorder; Page 5 of 8 Page 436 Item#15. Thence along said southerly right-of-way the following described courses: Thence N 89°35'22" E a distance of 80.01 feet to a point marking the northwesterly corner of that right-of-way vacated to adjoining owners, as described in Instrument No. 98218, of Block 7 of the amended plat of the TOWNSITE OF MERIDIAN as found in Book 1 of plats at Page 30 in said office of the Recorder; Thence continuing N 89`35'22" E a distance of 308.78 feet to a point marking the northeasterly corner of said vacated right-of-way of Block 1 of the amended plat of ROWAN ADDITION as found in Book 2 of plats at Page 52 in said office of the Recorder; Thence continuing N 89'35'22" E a distance of 80.04 feet to a point marking the northwesterly corner of said vacated right-of-way of Bock 6 of said amended plat of ROWAN ADDITION; Thence leaving said southerly right-of-way N 0°58'55" E a distance of 80.02 feet to a point marking the southwesterly corner of Block 3 of COTTAGE HOME ADDITION as found in Book 1 of plats at Page 42 in said office of the Recorder; Thence N 0037'13" E along the westerly boundary of said Block 3 a distance of 256.03 feet to a point marking the northwesterly corner of said Block 3; Thence continuing N 0037'13" E a distance of 80.01 feet to a point marking the southwesterly corner of Block 6 of said COTTAGE HOME ADDITION; Thence continuing N 0*37'13" E along the westerly boundary of said Block 6 a distance of 255.93 feet to a point marking the northwesterly corner of said Block 6; Thence N 89°35'47" E along the northerly boundary of said Block 6 a distance of 299.64 feet to a point marking the northeasterly corner of said Block 6; Thence continuing N 89035'47" E a distance of 99.67 feet to a point the northwesterly corner of Lot 1 of Block 1 of EASTSIDE PARK SUBDIVISION as found in Book 20 of plats at Pages 1312— 1313 in said office of the Recorder; Thence continuing N 89`35'47" E along the northerly boundary of said Lot 1 a distance of 12.32 feet to a point on an extension of the easterly boundary of Lot 1 of Block 3 of said EASTSIDE PARK SUBDIVISION; Thence leaving said northerly boundary N 0°34'47" E a distance of 60.01 feet to the southeasterly corner of said Lot 1 of Block 3; Page 6 of 8 Page 437 Item#15. Thence S 89035'47" W along the southerly boundary of said Lot 1 a distance of 71.98 feet to the southwesterly corner of said Lot 1; Thence N 0035'03" E along the westerly boundary of said Lot 1 a distance of 120.38 feet to the northwesterly corner of said Lot 1; Thence N 89'35'47" E along the northerly boundary of said Lot 1 a distance of 11.00 feet to a point; Thence leaving said northerly boundary N 0*35'00" E a distance of 120.38 feet to a point on the northerly boundary of said Block 3; Thence N 89035'47" E along said northerly boundary a distance of 10.60 feet to a point on the extension of the easterly right-of-way of NE 4th Street; Thence leaving said northerly boundary N 0*34'47" E along said extension a distance of 60.01 feet to a point on said easterly right-of-way; Thence continuing N 0'34'47" E along said easterly right-of-way a distance of 301.48 feet to a point on the southerly boundary of FORTY THREE NORTH SUBDIVISION as found in Book 116 of plats at Pages 17417— 17419 in said office of the Recorder; Thence S 89'36'17" W along said southerly boundary a distance of 10.00 feet to a point marking the southwesterly corner of said FORTY THREE NORTH SUBDIVISION; Thence along the westerly boundary of said FORTY THREE NORTH SUBDIVISION the following described courses: Thence N 0'34'47" E a distance of 349.78 feet to a point; Thence N 45°34'47" E a distance of 27.80 feet to a point marking the northwesterly corner of said FORTY THREE NORTH SUBDIVISION; Thence leaving said westerly boundary S 88'23'46" E along the northerly boundary of said FORTY THREE NORTH SUBDIVISION a distance of 62.38 feet to a point on the extension of the easterly boundary of that PARCEL as shown on Record of Survey No. 10184, Instrument No. 2015-067809, found in said office of the Recorder; Thence N 0*35'00" E along said extension a distance of 62.05 feet to a point marking the southeasterly corner of said PARCEL; Page 7 of 8 Page 438 Item#15. Thence continuing N 0'35'00" E along the easterly boundary of said PARCEL a distance of 652.57 feet to a point marking the southwesterly corner of that PARCEL as shown on Record of Survey No. 2532, Instrument No. 9353397,found in said office of the Recorder; Thence leaving said easterly boundary N 89`10'54" E along the southerly boundary of said PARCEL as shown on Record of Survey No. 2532 a distance of 240.25 feet to a point marking the southeasterly corner of said PARCEL as shown on Record of Survey No. 2532; Thence N 0`36'25" E along the easterly boundary of said PARCEL as shown on Record of Survey No. 2532 a distance of 260.06 feet to a point on the southerly right-of-way of E Fairview Avenue; Thence leaving said easterly boundary and continuing N 0°36'25" E along and extension of said easterly boundary a distance of 49.99 feet to the POINT OF BEGINNING. This parcel contains approximately 105.802 acres. NOTE: This description was prepared using record information including Record of Surveys, Subdivision Plats and Deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Kyle A. Koomler, PLS 1a LA Civil Survey Consultants, Incorporated Ng oSG September 28, 2021 4 187 0 0 0 re of kov F A. K Page 8 of 8 Page 439 Item#15. Attachment 3 Private Properties Which May Be Acquired by the Agency 1. The Agency has not identified any particular parcel for the construction of public improvements or for private redevelopment. Properties which may be subject to acquisition include parcels to: a) assemble with adjacent parcels to facilitate development and/or redevelopment; b) assemble with adjacent rights-of-way to improve configuration and enlarge parcels for development and/or redevelopment; c) reconfigure sites for development and possible extension of streets or pathways; d) assemble for future transfer to qualified developers to facilitate the development of mixed-use, residential (including affordable and/or workforce housing), commercial, office and retail areas; or e) assemble for the construction of certain public improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediation/site preparation, public parking, community facilities, parks,pedestrian/bike paths and trails, recreation access points, and other public facilities. 2. The Agency reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The Agency reserves the right to acquire property needed to provide adequately sized sites for high priority projects for the development of public improvements (the exact location of which has not been determined). 4. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration projects, constructing public parking, constructing new streets or pathways, enhancing public spaces, or to implement other elements of the urban renewal plan strategy and/or any master plan for the Project Area, including support for affordable and/or workforce housing projects. Page 440 Item#15. Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Page 441 • Medium Density MU-N����� -• �- •- •- ■rt ,Office ,/,Residential ■■�����I�!".y ��� � /Zi 4 ' IIIIIIIJ 1111 � `High Density ■ ° • i��//,�,! Residential �•� �•■ • - ://� 0040 Wf min am am • // 000 i ,���,� -7 � . /ice � / ■� i�� i. ,, ' loll■■ � � ' '� _ � ' -Hi-:�hl�■ ■■ ��1VIed� m ■ ��rfl Density�� �� �� ' �D♦ensityj !Residential a Residential MINE ivic ■logo■■■ _ 4- L--- � �►� �I ■ - . . .. -- - . • e �����■■ ■�� IN MEN ■1■■ ■ -• - 1■ ■■ ■� 1■1■11 :11�� ■IIII �Ilf: 111111 `i►�I���� �� -- �� _ ■� • ■ ■ 1VILT"r VIA ■� IIIIIIIJ, R-15 11NO • � .• R-8 R 40 0 IN R-8 RUT ' �! :. ■ ■ 1--N� � � / rC►�G ■ ■� I � -�� � � R-40 ■■■■■ _ IN ln` -8 NINO - . . .. -- - . • 0 1112 E 11111 MEN111■ - ■ . _ � ■111 -�IIII - 1■■ ■�I+� � ■ '• - � ■� ■11�� 1■III Illfi 111111 ■11 °-T `��lR�51 Item#15. Attachment 5 Economic Feasibility Study 4846-7444-2234,v.2 Page 444 Item#15. ATTACHMENT 5.1 (Option B) Public Improvements within the Revenue Allocation Area This attachment includes a projected list of proposed public works or improvements within the Northern Gateway District Project Area (the "Project Area"). The proposed improvements within the Project Area include improvements to streets, utilities, and other public rights-of-way amenities as well as improvements to parks and open space, transit improvements, fagade improvements, historic lighting, wayfinding, environmental remediation, planning studies and public parking. Property acquisition to support development goals is also contemplated. The Northern Gateway District Improvement List set forth below identifies needed investments to support private investment in capital facilities. Capital facilities generally have long useful lives and significant costs. The overall project and the infrastructure to support it are all consistent with the vision articulated in the City of Meridian Comprehensive Plan, Destination: Downtown Plan, the future land use map and as required in City development regulations. The cost estimates provided by the City are based upon prices for similar construction in the area. Estimated costs expected to be incurred in implementing the urban renewal plan are as follows: Northern Gateway District Improvement List Redevelopment Project Area Costs Street Improvements $9,500,000 Other Streetscapes $750,000 Utilities $5,200,000 Transit improvements $1,400,000 Fagade Improvements $750,000 Historic Lighting $500,000 Property Acquisition $2,500,000 Wayfinding/Signage $150,000 Public Parking $1,250,000 Public Plazas, Parks & Open Space $1,500,000 Environmental Remediation $1,100,000 Planning Studies $175,000 Total Redevelopment Area Costs $24,775,000 Page 445 Item#15. The projects and estimated costs have been derived from the City of Meridian, the Meridian Development Corporation (MDC) and Vitruvian Planning, the transportation consultant, in part based upon similar works being carried out in the broader community. The costs are estimated in 2021 dollars and are not inflated. Costs will likely vary from the costs detailed here, as they will be subject to inflation and further project refinement and timing. The cost estimates used in this analysis are considered estimates for the purpose of financial planning. The Project Area is estimated to generate $25,924,600 in tax increment revenue between 2022 and 2041 in addition to the initial $75,000 loan from MDC to activate the program.' The total from both sources is estimated to be $25,999,600. There are presently $24,775,000 of project costs identified in the Northern Gateway District Improvement List. It is generally understood that projects will occur on a pay-as-you-go basis recognizing there may be an opportunity for owner/developer advanced funding of projects, which eligible costs would then be reimbursed through an Owner Participation Agreement (OPA), or other similar agreement, from resources derived from the Project Area. Administrative costs over the 20-year life of the district are estimated at $975,000 or approximately 3.8% of total estimated revenue. The initial inter-district loan to support startup costs is assumed to be repaid at 5% interest for a total obligation of$112,500. The total estimated expenditures equal $25,862,500, leaving a $137,099 positive program balance at the end of the 20-year term. See attached cash flow analyses for detailed estimates. The Urban Renewal Plan for the Northern Gateway District Project (the "Plan") provides for the Plan and Project Area to extend through its maximum term of 20 years. Protect Funding Secure funding includes revenue allocation funds and is money MDC is highly likely to receive. The funds may not be in MDC's possession at the beginning of the Plan period, but it is virtually certain that MDC will receive the funds. MDC may need to take specific actions to generate the funding, but those actions are within its powers. Despite the high probability of secure funding, no project can proceed until a specific, enforceable funding plan is in place. 'As the Idaho property tax system provides for taxes being paid in arears, revenue allocation proceeds will be received in FY 2042. However, the final year of income has not been considered in determining the economic feasibility of the District. Page 446 Item#15. Potential funding is money that might be received by MDC. In every case MDC is eligible for the funding, and the source of funding exists under current law. However, each potential funding source requires one or more additional steps or decisions before MDC can obtain the resources, and the ultimate decision is outside of MDC's independent control. The City's capital contributions or Community Development Block Grant funding are examples of potential funding. Thus, potential funding is not assumed in determining financial feasibility. Unfunded projects, or portions of projects lack secure or potential funding. At this time, all projects are anticipated to be funded. The amount of tax increment contributed to the project may vary depending upon the actual cost of infrastructure. The Plan proposes certain public improvements that will facilitate development in the Project Area. The overall investment package will be funded from a variety of financing methods and sources. The primary method of financing MDC's obligation will be through the use of tax increment revenue (i.e., incremental property taxes from the revenue allocation area). This Plan anticipates that at least a portion of the tax increment revenue will be used to reimburse an owner/developer through a negotiated agreement for some or all of the eligible improvement costs. The issuance of bonds is not anticipated in this analysis of financial feasibility. Other sources of funding for project may include, but are not limited to: • Local Improvement District (LID) • Business Improvement District (BID) • Development Impact Fees • Franchise Fees • Grants from federal, state, local, regional agencies and/or private entities • Other bonds, notes and/or loans • Improvements and/or payments by developers The total project costs and the amount of tax increment are estimates. The estimated project costs and revenues are based on the MDC's present knowledge and expectations supported by detailed information from the property owners, City and MDC staff and MDC's consultants based in part upon current construction projects in the broader community. Page 447 Item#15. Map of Proposed Meridian Northern Gateway Urban Renewal District LONGFORD CRANAAER WILLOWBROOK GAR EL_ JOY a 4y m �3 # 0 n WCHERRYOLN E•FAIR AE WAVE 3% `a eq n:lACK o x p 'A GRUBER ELM N/ C MAPLE oBi1DLEY. J O 6G / /MAPLE z m Y W ✓/ r e eL �.y CHERRY v M �v?CN V WIN z WASHINGTON OIy Legend a a� � R ac CARLTGN_ Sid Northern Gateway District N Q G Meridian City Limits p STATE _. "FV 0 Meridian Urban Renewal Y 1 n p 0 Parcels °9 0 250 500 1,000 x //E.PINE:A•YE Feet Summary of Protects Based on the Northern Gateway District Improvement List set forth above, the estimated total costs for the public improvements are $24,775,000. Cost of Operations and Improvements by Year (2021-2042) Year Secure Funding Potential District Capital and Program Total Project (TIF Funding Operating Expenses Liabilities & Expenses And MDC Loan) Repay Inter-district Loan 2021 $75,000 $0 $0 $0 $0 2022 $38,014 $0 $25,000 $0 $25,000 2023 $79,660 $0 $50,000 $0 $100,000 2024 $125,118 $0 $50,000 $75,000 $175,000 2025 $174,742 $0 $50,000 $100,000 $162,500 2026 $308,424 $0 $50,000 $250,000 $300,000 2027 $343,202 $0 $50,000 $275,000 $325,000 2028 $644,634 $0 $50,000 $600,000 $650,000 2029 $934,548 $0 $50,000 $800,000 1 $850,000 2030 $1,053,365 $0 $50,000 $975,000 6h, $1,025,000 Page 448 Item#15. 2031 $1,284,025 $0 $50,000 $1,300,000 $1,350,000 2032 $1,367,118 $0 $50,000 $1,300,000 $1,350,000 2033 $1,533,761 $0 $50,000 $1,500,000 $1,550,000 2034 $1,735,128 $0 $50,000 $1,650,000 $1,700,000 2035 $1,840,449 $0 $50,000 $1,800,000 $1,850,000 2036 $2,083,419 $0 $50,000 $2,050,000 $2,100,000 2037 $2,205,915 $0 $50,000 $2,100,000 $2,150,000 2038 $2,334,408 $0 $50,000 $2,300,000 $2,350,000 2039 $2,469,194 $0 $50,000 $2,400,000 $2,450,000 2040 $2,610,581 $0 $50,000 $2,600,000 $2,650,000 2041 $2,758,894 $0 $50,000 $2,700,000 $2,750,000 2042 $0 $0 0 $0 Total $25,999,599 $0 $975,000 $24,775,000 $25,862,500 Note: This analysis anticipates a positive fund balance of$137,099 the end of the project. Page 449 Item#15. ATTACHMENT 5.2 Economic Feasibility Study (Option B) The Plan, as currently envisioned, is economically feasible because the proposed development is sufficient to fully cover the anticipated cost of the redevelopment program. The economic feasibility of the Plan is based on the following factors: • The amount of development anticipated in the Project Area • The timing of the proposed taxable development • The nature of the proposed development • The amount of tax revenue to be generated by the proposed development • The cost of public improvement projects • If revenue equals or exceeds project costs, the Plan is economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of the Plan. The Economic Feasibility Analysis Summary: Over the course of the Plan and the Northern Gateway District, $25,924,600 of Tax Increment Revenue will be generated using the development scenarios proposed by the City and MDC, in consultation with its consultants and property owners within the Northern Gateway District. The Economic Feasibility Study assumes a minimum of 10% of annual revenue allocation area proceeds, or TIF revenue, will be used for administration of the Northern Gateway District with that amount capped at $50,000 per year, for a total of$975,000 for administration costs over the 20-year lifespan of the District. The attached spreadsheets entitled "Northern Gateway District Revenue Model" and "Northern Gateway District Cash Flow Analysis" gives a more detailed outlook on the revenues and expenses of the development scenario. The following assumptions were made in the formulation of the Financial Feasibility Analysis: o Land Value Increase @ 8%/Year for 5 years, then 4%/year for the balance of the term. o Improvement Value Increase @ 10%/Year for 5 years, then 5%/year for the balance of the term. Page 450 Item#15. o Tax Rate is reduced 10% and held constant through the life of the Plan o Total Cost of Improvements over the life of the project: $24,775,000 (City and consultants' estimates) o Tax rate does not include levies excluded pursuant to Idaho Code 50- 2908, such as voter approved bonds/levies after 2007,judgment levies or the School District Plant or supplemental levies excluded by law. The Economic Feasibility Analysis shows that the project will generate adequate funds within the Project Area to fund the necessary capital improvements. 4819-3401-2667,v. 1 Page 451 Item#15. Street Improvements-More Detailed Description Total Construction Estimate Street Section Length(LF) Construction Design Contingency (Rounded) &1/2 St,Carlton to Fairview 2,000 $ 3,050,000 S 460,000 S 620,000 $ 4,100,000 3rd Street,Carlton to Pine 700 $ 475,OOD S 70.000 $ 100,000 $ 600,000 3rd Street,Fairview to Carlton 2,000 $ 1,770,000 $ 270,000 $ 350,000 $ 2,400,000 Carlton,w/o 2nd to e/o 4th 900 $ 1,260,500 S 190,000 $ 250,000 $ 1,700,000 Washington,2&2/2 to 4th 600 $ 371,000 5 60,000 $ 70,000 $ 500,E Fairview Ave frontage,W 2od is 6 lit 2,700 $ 1,294,000 $ - $ 260,000 $ 1,6W,000 Main St frontage,Fairview to Washington 1,700 $ 2,100,000 $ 320.000 $ 420,000 $ 2,8W,000 4th,Washington Badley 400 $ 218,000 $ 30.000 $ 40,000 $ 300,000 Badley,2&1/2 to 4th 600 S 371,000 $ 60,000 $ 70,000 $ 500,000 Gruber,2&1/2 to 4th 600 $ 239,000 $ 40,000 $ 50,000 $ 300,000 State Ave,w/o 2nd to e/o 3rd 400 $ 134,000 $ 20,000 $ 30,000 $ 200,000 2nd,Pine to Carlton 60D $ 183,000 $ 30,000 $ 40,000 $ 3o0,000 Pine frontage,w/0 2nd to e/o 3rd 400 $ $ - $ - $ Noter. • Assumes no right of way acquisition • Design estimated at 15%of construction.rounded • Contingency of 25%applied to construction costs.rounded • Water nutin and Wastewater Main estimates supplied by City of Meridian Public Works • Local/Collector Street coats adjusted down when major Water/WV Main planned due to road work incorporated into those costs Page 452 Item#15. Estimated Location of Utility Upgrades L 171 L7t C 7 F- �WER�?� E�] %........... ....... Red—Water and Wastewater Main Lines In Need of Expansion or Replacement Blue—Water Main Lines Planned for Replacement Green—Wastewater Lines �re,n#15. Northern Gateway District Revenue Model Land Value Initial Imprv. Cum.New Cumulative Funding for Annual New Const Value+ Increment Levy Rate Admin (+8%annually Value(+10% Total Assessed Cum total Homeowne Tax Increment Capital Year Taxable Value rs'Const.Value Inflation @ Taxable Value Value (H- (-10%) Costs for 5 years Annually for 5 Value on tax roll 10%for 5 Base Value) then flat Yield (10%) Projects/ then 4%) years then 5%) Exemption Debt Service years then 5%) 2021 $ 27,613,600 $ 46,297,100 $ 73,910,700 $ - $ - $ 73,910,700 $ 2,775,726 $ 71,134,974 $ - 0.0053 2022 $ 29,822,688 $ 50,926,810 $ 80,749,498 $ 500,000 $ 500,000 $ 81,249,498 $ 2,914,512 $ 78,334,986 $ 7,172,512 0.0053 $ 38,014 $ 3,801 $ 34,213 2023 $ 32,208,503 $ 56,019,491 $ 88,227,994 $ 500,000 $ 1,025,000 $ 89,252,994 $ 3,060,238 $ 86,192,756 $ 15,030,282 0.0053 $ 79,660 $ 7,966 $ 71,694 2024 $ 34,785,183 $ 61,621,440 $ 96,406,623 $ 500,000 $ 1,576,250 $ 97,982,873 $ 3,213,250 $ 94,769,624 $ 23,607,150 0.0053 $ 125,118 $ 12,512 $ 112,606 2025 $ 37,567,998 $ 67,783,584 $ 105,351,582 $ 500,000 $ 2,155,063 $ 107,506,645 $ 3,373,912 $ 104,132,732 $ 32,970,258 0.0053 $ 174,742 $ 17,474 $ 157,268 2026 $ 40,573,438 $ 74,561,943 $ 115,135,380 $ 15,500,000 $ 17,762,816 $ 132,898,196 $ 3,542,608 $ 129,355,588 $ 58,193,114 0.0053 $ 308,424 $ 30,842 $ 277,581 2027 $ 42,196,375 $ 78,290,040 $ 120,486,415 $ 500,000 $ 19,150,956 $ 139,637,371 $ 3,719,738 $ 135,917,633 $ 64,755,159 0.0053 $ 343,202 $ 34,320 $ 308,882 2028 $ 43,884,230 $ 82,204,542 $ 126,088,772 $ 50,500,000 $ 70,608,504 $ 196,697,276 $ 3,905,725 $ 192,791,551 $ 121,629,077 0.0053 $ 644,634 $ 50,000 $ 594,634 2029 $ 45,639,600 $ 86,314,769 $ 131,954,368 $ 45,500,000 $ 119,638,929 $ 251,593,298 $ 4,101,011 $ 247,492,286 $ 176,329,812 0.0053 $ 934,548 $ 50,000 $ 884,548 2030 $ 47,465,183 $ 90,630,507 $ 138,095,691 $ 10,500,000 $ 136,120,876 $ 274,216,567 $ 4,306,062 $ 269,910,504 $ 198,748,030 0.0053 $ 1,053,365 $ 50,000 $ 1,003,365 2031 $ 49,363,791 $ 95,162,033 $ 144,525,823 $ 30,500,000 $ 173,426,920 $ 317,952,743 $ 4,521,365 $ 313,431,378 $ 242,268,904 0.0053 $ 1,284,025 $ 50,000 $ 1,234,025 2032 $ 51,338,342 $ 99,920,134 $ 151,258,477 $ 500,000 $ 182,598,266 $ 333,856,742 $ 4,747,433 $ 329,109,309 $ 257,946,835 0.0053 $ 1,367,118 $ 50,000 $ 1,317,118 2033 $ 53,391,876 $ 104,916,141 $ 158,308,017 $ 15,500,000 $ 207,228,179 $ 365,536,196 $ 4,984,805 $ 360,551,391 $ 289,388,917 0.0053 $ 1,533,761 $ 50,000 $ 1,483,761 2034 $ 55,527,551 $ 110,161,948 $ 165,689,499 $ 20,500,000 $ 238,089,588 $ 403,779,087 $ 5,234,045 $ 398,545,042 $ 327,382,568 0.0053 $ 1,735,128 $ 50,000 $ 1,685,128 2035 $ 57,748,653 $ 115,670,045 $ 173,418,699 $ 500,000 $ 250,494,067 $ 423,912,766 $ 5,495,748 $ 418,417,018 $ 347,254,544 0.0053 $ 1,840,449 $ 50,000 $ 1,790,449 2036 $ 60,058,599 $ 121,453,548 $ 181,512,147 $ 25,500,000 $ 288,518,771 $ 470,030,918 $ 5,770,535 $ 464,260,383 $ 393,097,909 0.0053 $ 2,083,419 $ 50,000 $ 2,033,419 2037 $ 62,460,943 $ 127,526,225 $ 189,987,168 $ 500,000 $ 303,444,709 $ 493,431,878 $ 6,059,062 $ 487,372,816 $ 416,210,342 0.0053 $ 2,205,915 $ 50,000 $ 2,155,915 2038 $ 64,959,381 $ 133,902,536 $ 198,861,917 $ 500,000 $ 319,116,945 $ 517,978,862 $ 6,362,015 $ 511,616,847 $ 440,454,373 0.0053 $ 2,334,408 $ 50,000 $ 2,284,408 2039 $ 67,557,756 $ 140,597,663 $ 208,155,419 $ 500,000 $ 335,572,792 $ 543,728,211 $ 6,680,116 $ 537,048,096 $ 465,885,622 0.0053 $ 2,469,194 $ 50,000 $ 2,419,194 2040 $ 70,260,067 $ 147,627,546 $ 217,887,613 $ 500,000 $ 352,851,432 $ 570,739,044 $ 7,014,121 $ 563,724,923 $ 492,562,449 0.0053 $ 2,610,581 $ 50,000 $ 2,560,581 2041 $ 73,070,469 $ 155,008,923 $ 228,079,393 $ 500,000 $ 370,994,003 $ 599,073,396 $ 7,364,827 $ 591,708,568 $ 520,546,094 0.0053 $ 2,758,894 $ 50,000 $ 2,708,894 $ 220,000,000 $ 25,924,600 $ 806,916 $ 25,117,684 Page 454 item,#15. Northern Gateway District Revenue Model Assumptions Land Values inflate at 8%per year for 5 years(consistent with recent assessed value history)then at 4%for remainder of the Plan term Improvement Values inflate at 10%per year for 5 years(consistent with recent assessed value history)then at 5%for remainder of the Plan term Tax rate reduced by 10%from 2020 certified rate then held constant for the remainder of the Plan term Homeowners' Property Tax Exemption increases at 5% per year Revenue Allocation proceeds flow to the District in the year after Certificate of Occupancy(C.O.) Potential Development Projects within District based upon staff discussions with Developers(Total Taxable Investment @ $210,000,000) Value estimates based upon 2021 projects in Meridian Project A-Phase 1: C.O. in 2025^ $15,000,000 Project A- Phase 2: C.O. in 2027^'$30,000,000 Project B:C.O. in 2027—$20,000,000 Project C- Phase 1: C.O. in 2028—$15,000,000 Project C- Phase 2: C.O. in 2030—$30,000,000 Project D-Phase 1: C.O. in 2028—$30,000,000 Project D-Phase 2: C.O. in 2029—10,000,000 Project D-Phase 3: C.O. in 2033—$20,000,000 Project E: C.O. in 2032^ $15,000,000 Project F: C.O. in 2035" 25,000,000 Other properties within District will generate $500,000 in taxable investment annually ($220,000,000 total) Estimated at least 10%of annual revenue allocation yield will be paid to the Meridian Development Corporation for administrative costs,capped at$50,000 Balance of Revenue Allocation yield will be available for capital investment and program expenses Page 455 Item#15. Northern Gateway District Cash Flow Analysis I ME 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Beainnina Balance $ - $ 75,000 $ 88,014 $ 67,674 $ 17,792 $ 30,034 $ 38,458 $ 56,660 $ 51,294 $ 135,842 $ 164,207 Source of Funds Total Revenue Allocation $ $ 38,014 $ 79,660 $ 125,118 $ 174,742 $ 308,424 $ 343,202 $ 644,634 $ 934,548 $ 1,053,365 $ 1,284,025 MDC Inter-District Loan* $ 75,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Funds Available $ 75,000 $ 113,014 $ 167,674 $ 192,792 $ 192,534 $ 338,458 $ 381,660 $ 701,294 $ 985,842 $ 1,189,207 $ 11448,232 Use of Funds District Operating Expenses $ - $ 25,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Repay Inter-District Loan @ 5% $ $ - $ 50,000 $ 50,000 $ 12,500 $ - $ - $ - $ - $ - $ - Capital&Program Expenses $ - $ - $ 75,000 $ 100,000 $ 250,000 $ 275,000 $ 600,000 $ 800,000 $ 975,000 $ 1,300,000 Total Use of Funds $ $ 25,000 $ 100,000 $ 175,000 $ 162,500 $ 300,000 $ 325,000 $ 650,000 $ 850,000 $ 1,025,000 $ 1,350,000 Ending Balance $ 75,000 $ 88,014 $ 67,674 $ 17,792 $ 30,034 $ 38,458 $ 56,660 $ 51,294 $ 135,842 $ 164,207 $ 98,232 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Total Beainnina Balance $ 98,232 $ 115,350 $ 99,111 $ 134,239 $ 124,688 $ 108,107 $ 164,022 $ 148,430 $ 167,624 $ 128,205 Source of Funds Total Revenue Allocation $ 1,367,118 $ 1,533,761 $ 1,735,128 $ 1,840,449 $ 2,083,419 $ 2,205,915 $ 2,334,408 $ 2,469,194 $ 2,610,581 $ 2,758,894 $ 25,924,599 MDC Inter-District Loan $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 75,000 Total Funds Available $ 1,465,350 $ 1,649,111 $ 1,834,239 $ 1,974,688 $ 2,208,107 $ 2,314,022 $ 2,498,430 $ 2,617,624 $ 2,778,205 $ 2,887,099 $ 25,999,599 Use of Funds District Operating Expenses $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 975,000 Repay Inter-district Loan @ 5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 112,500 Capital&Program Expenses $ 1,300,000 $ 1,500,000 $ 1,650,000 $ 1,800,000 $ 2,050,000 $ 2,100,000 $ 2,300,000 $ 2,400,000 $ 2,600,000 $ 2,700,000 $ 24,775,000 Total Use of Funds $ 1,350,000 $ 1,550,000 $ 1,700,000 $ 1,850,000 $ 2,100,000 $ 2,150,000 $ 2,350,000 $ 2,450,000 $ 2,650,000 $ 2,750,000 $ 25,862,500 Ending Balance $ 115,350 $ 99,111 $ 134,239 $ 124,688 $ 108,107 $ 164,022 $ 148,430 $ 167,624 $ 128,205 $ 137,099 Assumptions Initial District Start-up costs supported by MDC Inter-district Loan of$75,000 to be repaid at 5%Interest 10%of annual TIF yield dedicated to Meridian Development Corporation for District operating Expenses,capped at$50,000,Yr. Land Values will increase at an average of 8%annually for 5 years then at 4%over the remaining life of the District Improvement Values will increase at a rate of 10%for 5 years then at 5%over the remaining life of the District Page 456 Item#15. Exhibit 4 Summary of Ordinance No. 4849-8255-7437, v. 1 Page 457 Item#15. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. §50-901(A) CITY OF MERIDIAN ORDINANCE NO. 21- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE (OPTION B) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: It is hereby found and determined that: (a) The Northern Gateway District Project Area as defined in the Northern Gateway District Plan is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Northern Gateway District Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The Northern Gateway District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Northern Gateway District Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed-use components of the Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents, or businesses in the general vicinity of the urban renewal area covered by the Northern Gateway District Plan. (f) The Northern Gateway District Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. ORDINANCE SUMMARY- I Page 458 Item#15. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Northern Gateway District Plan provides a feasible method for relocation obligations of any displaced families residing within the Northern Gateway District Project Area. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the Northern Gateway District Project Area, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905 with specificity. 0) The Northern Gateway District Plan is 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, zoning and planning changes (if any), land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operations for which the Agency is required to obtain written consent. (1) The portion of the Northern Gateway District Project Area which is identified for non- residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (m) The portion of the Northern Gateway District Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. SECTION 2: The City Council finds that the Northern Gateway District Project Area contains areas which may be considered open land areas, that the Agency may acquire any open land within the Northern Gateway District Project Area, and that the Northern Gateway District Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. Provided, however, the City Council finds that for the portions of the Northern Gateway District Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that one of the Northern Gateway District Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide ORDINANCE SUMMARY-2 Page 459 Item#15. housing opportunities in an area that does not now contain such opportunities, and the portion of the Northern Gateway District Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The Northern Gateway District Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment,be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the Northern Gateway District Project Area overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv). SECTION 6: The City Council declares that nothing within the Northern Gateway District Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further,pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the Plan. SECTION 7: No direct or collateral action challenging the Northern Gateway District Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty(30) days from and after the effective date of this Ordinance adopting the Northern Gateway District Plan. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map indicating the boundaries of the Northern Gateway District Project Area. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Northern Gateway District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Northern Gateway District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Northern Gateway District Plan. ORDINANCE SUMMARY- 3 Page 460 Item#15. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Northern Gateway District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. EXHIBITS TO THE ORDINANCE Exhibit I A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the (Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project with the City of Meridian's Comprehensive Plan Exhibit 2 Notice Published in the Idaho Press ORDINANCE SUMMARY- 4 Page 461 Item#15. Exhibit 3 (Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Exhibit 4 Ordinance Summary SUMMARY OF NORTHERN GATEWAY DISTRICT PLAN The Urban Renewal Plan for the Northern Gateway District Urban Renewal Project ("Northern Gateway District Plan")was prepared by the Urban Renewal Agency of the City of Meridian aka the Meridian Development Corporation("MDC" or the "Agency")pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended(the "Act"), and all applicable laws and ordinances and was approved by the Agency. The Northern Gateway District Plan provides for the Agency to undertake urban renewal projects pursuant to the Law and the Act. The Northern Gateway District Plan contains a revenue allocation financing provision pursuant to the Act that will cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation as shown on the original base assessment roll as of January 1, 2021, to be allocated to the Agency for the urban renewal purposes. The duration of the Northern Gateway District Plan is for twenty(20) years and includes a termination process for the Northern Gateway District Plan. The general scope and objectives of the Plan include are: a. The engineering, design, installation, construction, and/or reconstruction of streets and streetscapes, including but not limited to improvements and upgrades to portions of Northeast 2nd Street,Northeast 2 '/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 4d' Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, and Fairview Avenue frontage and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; b. 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; C. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; d. The engineering, design, installation, construction and/or reconstruction of sidewalks and related pedestrian facilities, curb and gutter and streetscapes, including but not limited to improvements to portions of Northeast 2nd Street,Northeast 2 1/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 41h Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue and Fairview Avenue frontage; e. The engineering, design, installation, construction, and/or reconstruction of utilities including but not limited to improvements and upgrades to the water distribution system, including extension of the water distribution system, water capacity improvements, water storage ORDINANCE SUMMARY- 5 Page 462 Item#15. upgrades, sewer system improvements and upgrades, including extension of the sewer collection system, lift station, and improvements, and upgrades to power, gas, fiber optics, communications, and other such facilities; f. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to fire protection systems, floodway and flood zone mitigation; and other public improvements that may be deemed appropriate by the Board; g. The engineering, design, installation, and/or construction of a public parking structure or structures and/or public surface parking lots and related public improvements; h. The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades,public parks and trails,pedestrian facilities, pathways and trails, recreational access points and to encourage and enhance housing affordability and housing diversity, enhance transit options and connectivity, decrease underutilized parcels, create development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers for qualified developments; i. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code Section 50-2011, and any disposition policies adopted by the Agency; j. The demolition or removal of certain buildings and/or improvements for public rights-of- way and streetscape improvements, pedestrian facilities,utility undergrounding extension and upgrades,public facilities, and to encourage and enhance housing affordability and housing diversity, enhance mobility options and connectivity, decrease underutilized parcels and surface parking lots, 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; k. The management of any property acquired by and under the ownership and control of the Agency; 1. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; in. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; n. The engineering, design, installation, construction, and/or reconstruction of below ground infrastructure to support the construction of certain municipal buildings pursuant to Idaho Code Section 50-2905A; ORDINANCE SUMMARY - 6 Page 463 Item#15. o. 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; P. The provision of financial and other assistance to encourage greater density and a diverse mix of rental rates and housing options; q. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; r. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use residential (including affordable and/or workforce housing when and if determined to be a public benefit), commercial, office, retail areas, medical facilities, and educational facilities; S. The environmental assessment and remediation of brownfield sites, or sites where environmental conditions detrimental to redevelopment exist; t. 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 streetscape,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; U. 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; V. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; W. The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; X. Agency and/or owner-developer construction, participation in the construction and/or management of public parking facilities and/or surface lots that support a desired level and form of development to enhance the vitality of the Project Area; Y. Other related improvements to those set forth above as further set forth in Attachment 5 to the Plan. The Northern Gateway District Project Area and Revenue Allocation Area herein referred to is described as follows: ORDINANCE SUMMARY- 7 Page 464 Item#15. An area consisting of approximately 106 acres, inclusive of rights-of-way, and is generally east of Meridian Road and south of Fairview Avenue. A portion of the Project Area fronts the north side of Fairview Avenue east of Meridian Road, and as more particularly described in the Plan and depicted in the Map below: SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE NE 114 OF THE NE 114 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, ALSO BEING IN THE S 112 OF THE SW 114 OF SECTION 6, AND IN THE NW 114 OF SECTION 7, AND IN THE N 112 OF THE SW 114 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, 941SE MERIDIAN, ADA COUNTY, IDAHO 114 LEGEND q URO BOUNDARY S V76 G5 1/16 URD AREA 4� N 59" 57 E 2404.26' ti 9 9 g o ry SEE SNEET 2 OF 4 fL�ASis cr 8E IMG.� 2 1/4 714 7 g' ' 7W 2fO4 7 ' S 8925 54"E 2653.27' 1 ) W CHERRY CANE SEE SHEET 3 OE 4 T 4 i M IM ti W � d Q $p LA s Z SHEET 4 O< 4 E 114 G 1f4 18780 E 2394,97' E PINE AVENUE �e A. K 01) CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD SCALE-: 7-1"' MERIDIAN,IDAHO 83642 (208P88-431 2 ORDINANCE SUMMARY - 8 Page 465 Item#15. Section 100 includes an introduction, the history and current conditions of the Project Area, as well as the purpose of activities. Section 200 references the boundaries of the Project Area. Sections 300 through 315 discuss the proposed redevelopment actions,participation opportunities and agreements, cooperation with public bodies, property acquisition standards and requirements, relocation, demolition, and property disposition. Section 401 discusses the type of land uses authorized in the Project Area. Section 410 describes design guidelines for development. The Northern Gateway District Plan also contains a significant section on financing. Among other sources, the Northern Gateway District Plan will utilize revenue allocation financing, authorized by the Act. This statute was approved in 1988 by the Idaho Legislature. Section 502 and Attachment 5 discuss revenue allocation financing and show how such financing has worked and would work in the Project Area in the future if certain new private developments occur as estimated. Increases in assessed valuation of real and personal property in the Project Area that occur after January 1, 2021, will generate revenue for the Agency to pay project costs as set forth in the Northern Gateway District Plan. The assessed valuation of real and personal property on the base assessment roll is still available for use by the overlapping taxing districts, the Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, to finance their operations. The Northern Gateway District Plan authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations to pay the debt service. Additionally, the Agency is authorized to fund projects on a pay-as-you-go basis, through participation agreements, and others as further set forth in the Northern Gateway District Plan. The program outlined in the Northern Gateway District Plan emphasizes the installation of needed public improvements, including but not limited to street improvements,utility work, and other costs to encourage private development. Attachment 5 describes in detail the cost and financing methods for complete repayment of the debt incurred used to finance projects and to also fund the additional described activities. The Northern Gateway District Plan follows the underlying zoning classifications of the City. Sections 600 and 700 describe cooperative activities by the Agency with the City. The duration of the Northern Gateway District Plan is for twenty(20) years. A termination process is described in Section 800 of the Northern Gateway District Plan. ORDINANCE SUMMARY - 9 Page 466 Item#15. Sections 900-1200 include procedures for amendments, severability, reporting requirements and incorporation of attachments. ATTACHMENTS TO THE NORTHERN GATEWAY DISTRICT PLAN Attachment 1 Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study A full text of the Ordinance and the Northern Gateway District Plan are available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: 11/16/2021; Second Reading and Public Hearing: 11/23/2021; Third Reading: 12/7/2021 ORDINANCE SUMMARY - 10 Page 467 Item#15. STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 2 1- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of December, 2021. William. L.M. Nary, City Attorney 4832-0443-4685,v. 1 ORDINANCE SUMMARY - 11 Page 468 Item#15. MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN RESOLUTION NO. 21-054 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, A/K/A THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION, PROVIDING A RECOMMENDATION TO THE MERIDIAN CITY COUNCIL TO PROCEED WITH THE PUBLIC HEARING ON NOVEMBER 23, 2021, AND CONSIDERATION FOR ADOPTION BY ORDINANCE THE (OPTION A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT, ORIGINALLY ADOPTED AND RECOMMENDED BY MDC RESOLUTION NO. 21-036; AND FURTHER, THE MDC WITHDRAWS ITS RECOMMENDATION TO THE MERIDIAN CITY COUNCIL TO CONSIDER FOR ADOPTION BY ORDINANCE THE (OPTION B) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT, ORIGINALLY ADOPTED AND RECOMMENDED BY MDC RESOLUTION NO. 21-037; AUTHORIZING AND DIRECTING THE CHAIR, VICE- CHAIR, OR ADMINISTRATOR AND THE SECRETARY OF THE AGENCY TO MAKE CERTAIN TECHNICAL CHANGES; AUTHORIZING AND DIRECTING THE CHAIR, VICE-CHAIR AND ADMINISTRATOR TO TAKE APPROPRIATE ACTION; PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation, an independent public body, corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), a duly created and functioning urban renewal agency for Meridian, Idaho, hereinafter referred to as the "MDC"; WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, RESOLUTION NO. 21-054 - 1 Page469 Item#15. determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain public entities, certain interested parties and property owners, MDC commenced certain discussions concerning examination of an area, most of which was located within the City, and a portion of which was located within the City's area of operation within unincorporated Ada County and subject to a pending voluntary annexation into the City, that may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal project; WHEREAS, in 2021, MDC authorized Kushlan I Associates to commence an eligibility study and preparation of an eligibility report for an area 126.226 acres in size, approximately 77 acres of which was deannexed from the boundaries of the Downtown District Project Area. The area is generally located in the central part of Meridian, northeast of the City's downtown core, and east of Meridian Road and south of Fairview Avenue extending to Pine Avenue between NE 2nd Street and E. 3rd Street, and which area also includes a commercial area east of Meridian Road fronting Fairview Avenue on the north and a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane. The eligibility study area is commonly referred to as the Northern Gateway District Study Area (the "Study Area"); WHEREAS, MDC obtained an eligibility report entitled Northern Gateway Urban Renewal District (Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study Area, which area also included real property located within unincorporated Ada County that was the subject to a pending voluntary annexation, for the purpose of determining whether such area was a deteriorating area, a deteriorated area, or a combination of both a deteriorating area and a deteriorated area, as those terms are defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions necessary to be present in such an area are found in the Study Area, i.e., a. the presence of a substantial number of deteriorated or deteriorating structures; and deterioration of site; b. age or obsolescence; C. the predominance of defective or inadequate street layout; d. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; e. insanitary or unsafe conditions; and f. diversity of ownership; RESOLUTION NO. 21-054 - 2 Page470 Item#15. WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the MDC Board, on June 9, 2021, adopted Resolution No. 21-026, accepting the Report and authorized the Chair, Vice-Chair, or Administrator of MDC to transmit the Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct MDC to prepare an urban renewal plan for the Study Area, which plan may include a revenue allocation provision as allowed by the Act; WHEREAS, the City Council on July 6, 2021, adopted Resolution No. 21-2273, declared the Study Area described in the Report to be a deteriorated area or a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, and directed MDC to commence preparation of an urban renewal plan for the area designated; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the portion of the Study Area lying outside the City limits and within unincorporated Ada County included a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane, and commonly referred to as 104 W. Cherry Lane, Meridian, Idaho, which parcel is owned by Kobe LLC and commonly referred to as the McFadden Property (the "McFadden Property"). At the time the City Council directed MDC to prepare an urban renewal plan for the Study Area, the McFadden Property was pending a voluntary annexation into the City; WHEREAS, since it was unknown whether the McFadden Property would be timely annexed into the City, the MDC embarked on preparing alternative urban renewal plans for the proposed urban renewal project to redevelop a portion of the City, pursuant to the Law and the Act, as amended, referred to as the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Option A Plan"), which included the McFadden Property, and the (Option B) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Option B Plan"), which did not include the McFadden Property; RESOLUTION NO. 21-054 - 3 Page471 Item#15. WHEREAS, the MDC Board adopted the Option A Plan by Resolution No. 21- 036 at its meeting on September 22, 2021, making certain findings, recommending the Meridian City Council adopt the Option A Plan and further directing the MDC Chair, Vice-Chair or Administrator and the Secretary to take all steps necessary to submit the Option A Plan to the City Council for its consideration and approval; WHEREAS, the MDC Board adopted the Option B Plan by Resolution No. 21- 037 at its meeting on September 22, 2021, making certain findings, recommending the Meridian City Council adopt the Option B Plan and further directing the MDC Chair, Vice-Chair or Administrator and the Secretary to take all steps necessary to submit the Option B Plan to the City Council for its consideration and approval; WHEREAS, MDC submitted the Option A Plan and the Option B Plan to the Mayor and City Council; WHEREAS, the Mayor and City Clerk have taken the necessary action in good faith to process the Option A Plan and the Option B Plan consistent with the requirements set forth in Idaho Code Sections 50-2906 and 50-2008; WHEREAS, pursuant to the Law, at a meeting held on October 7, 2021, the Meridian Planning and Zoning Commission considered the Option A Plan and the Option B Plan and found by P& Z Resolution Nos. 21-01 and 21-02 that the Option A Plan and the Option B Plan is in all respects in conformity with the City of Meridian Comprehensive Plan, as may be amended (the "Comprehensive Plan") and forwarded its findings to the City Council; WHEREAS, the notice of public hearing on the Option A Plan was caused to be published by the Meridian City Clerk in the Idaho Press on October 15 and 29, 2021. The notice of public hearing on the Option B Plan was caused to be published by the Meridian City Clerk in the Idaho Press on October 15 and November 2, 2021; WHEREAS, as of October 15, 2021, the Option A Plan and the Option B Plan were submitted to the affected taxing entities, available to the public, and under consideration by the City Council; WHEREAS, on October 12, 2021, the City Council held a public hearing on the annexation of the McFadden Property; WHEREAS, the public hearing was continued to October 26, 2021; WHEREAS, following the public hearing the City Council adopted Ordinance No. 21-1952 on October 26, 2021, annexing the McFadden Property, and the Ordinance Summary was published in the Idaho Press, on October 31, 2021; WHEREAS, property cannot be included in two revenue allocation areas; WHEREAS, as the McFadden Property was timely annexed into the City prior to the City Council's consideration of the Option A Plan and the Option B Plan, MDC seeks RESOLUTION NO. 21-054 - 4 Page472 Item#15. to withdraw its recommendation to the City Council to adopt the Option B Plan by Ordinance, and to proceed with its recommendation to the City Council to consider and adopt the Option A Plan, by proceeding with consideration of the first reading of the Ordinance adopting the Option A Plan on November 16, 2021, the public hearing and the second reading of the Ordinance on November 23, 2021, and the third reading and final consideration of the Ordinance adopting the Option A Plan on December 7, 2021; WHEREAS, the MDC Board finds it in the best interests of MDC and the public to continue to recommend the City Council's adoption of the Option A Plan, and to forward this Resolution to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the above statements are true and correct. Section 2. That MDC continues to recommend that the Option A Plan be adopted by the City Council following the public hearing and the City Council's ordinance approval process, and due to the timely annexation of the McFadden Property elects to withdraw its recommendation to the City Council to consider for approval the Option B Plan. Section 3. The Chair, Vice-Chair, or Administrator, and the Secretary of MDC are hereby authorized and directed to take all steps necessary and convenient to submit this Resolution and recommendation to the Mayor, City Clerk and City Council on or before November 16, 2021. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Urban Renewal Agency of Meridian, Idaho, on November 10, 2021. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on November 10, 2021 . APPROVED: By Chair of the Board ATTEST: By Secretary4837-8587-1354,v. 1 RESOLUTION NO. 21-054 - 5 Page473 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: First Reading of Ordinance No. 21-1956: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project, Which First Amendment Seeks to Annex Certain Parcels to the Existing Union District Project Area; Which First Amendment Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date: Page 474 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: November 16, 2021 Presenter: Cameron Arial Estimated Time: 10 minutes Topic: First Reading of Ordinance No. 21- : An Ordinance of the City Council of the City of Meridian, Idaho,Approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project Recommended Council Action There is no Council action required for this first reading of the ordinance to approve the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project. Background On July 13, 2021,the Second Amendment to the Meridian Revitalization Plan deannexed 11 parcels from the original downtown Meridian Revitalization District which will sunset in 2026. The existing Union District was established in June 2020. The proposed First Amendment to the Urban Renewal Plan for the Union District (the "First Amendment") provides for the annexation of those 11 parcels, often referred to as the "Idaho Block" into the Union District. Annexation of the Idaho Block parcels will add 1.461 acres to the existing 16-acre Union District. Idaho Code allows for a one-time amendment to extend the boundary of an existing revenue allocation area if the new area is contiguous and not more than ten percent of the existing area. The following required City and Meridian Development Corporation (MDC) actions and approvals have preceded this proposed ordinance approving the First Amendment to the Urban Renewal Plan for the Union District: MDC Approval and Transmittal of Idaho Block Eligibility Report June 9, 2021 City Council Approval of Eligibility Report July 6, 2021 MDC Approval and Transmittal of First Amendment to the Union District Plan September 22, 2021 Planning and Zoning Commission Confirmation of Conformance of October 7, 2021 First Amendment to the Union District Plan with City Comprehensive Plan Page 475 Item#16. First Amendment to the Union District Urban Renewal Plan- Idaho Block Annexation Area f- Legend } no i � Idaho Blotk r , S1SbfK� LPRD 45 ,w Meridian ��� '-� ���.�{��-�� I � L■ • .,Jr _ en W'Wal #1 ti 4 lot TIK kv IN f ' 6 ■ Based on activity, inquiries, and increased interest in the Idaho Block area, MDC retained Kushlan I Associates to assess the financial viability of the area and its annexation into the existing Union District. The financial viability of the annexation area is essential to also ensure the continued viability of the existing Union District. Major improvements anticipated to occur within the existing Union District boundaries include the Civic Block and Union 93 projects. 2 Page 476 Item#16. The First Amendment expands the identified improvements, shown in Attachment 5.1A. The new estimated cost of$28,099,000 ($12,315,000 was anticipated in the existing Union District Plan) includes potential environmental remediation; additional public parking, street, utility, and other public infrastructure improvements; as well as potential facade improvements. Based on increased projected new private investment of$225,737,000 ($125,737,000 was anticipated in the existing Union District Plan), it is estimated that redevelopment and other activities in the Amended Project Area will generate tax increment revenue of$25,389,904 over the 20-year life of the Plan (Attachment 5.2.A), an increase from the $16,286,436 anticipated in the original Union District Plan. MDC will retain its "pay-as-go" philosophy, carefully considering funding assistance for qualifying development costs and activities on a reimbursement basis,with a nexus to increased tax increment resulting from new private investment. Future Actions This is the first of three required ordinance readings. The second reading and official public hearing are scheduled for November 23, 2021. The third reading and adoption of the First Amendment to the Urban Renewal Plan for the Union District are scheduled for December 7, 2 02 1. 3 Page 477 Item#16. CITY OF MERIDIAN ORDINANCE NO. 21-1956 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN PERREAULT, STRADER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT, WHICH FIRST AMENDMENT SEEKS TO ANNEX CERTAIN PARCELS TO THE EXISTING UNION DISTRICT PROJECT AREA; WHICH FIRST AMENDMENT INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Council and Mayor of Meridian respectively on or about July 24, 2001, adopted and approved a resolution creating the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC" or the "Agency"), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act") upon making the findings of necessity required for creating said Agency; WHEREAS, on October 8, 2002, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), after notice duly published conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District(the "Downtown District Plan"); WHEREAS, following said public hearing, the City Council on December 3, 2002, adopted Ordinance No. 02-987 approving the Downtown District Plan, making certain findings and establishing the Downtown District revenue allocation area (the "Downtown District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Ten Mile Road -A Urban Renewal Project (the "Ten Mile Plan"). The public hearing was continued to June 21, 2016, for further testimony; WHEREAS, following said public hearings, the City Council adopted its Ordinance No. 16-1695 on June 21, 2016, approving the Ten Mile Plan, making certain findings and establishing the Ten Mile revenue allocation area(the "Ten Mile Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "First Amendment to the Downtown District Plan"); Page 478 Item#16. WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20- 1881 on June 9, 2020, approving the First Amendment to the Downtown District Plan deannexing certain parcels from the Downtown District Project Area and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20- 1882 on June 9, 2020, approving the Union District Plan, making certain findings, and establishing the Union District revenue allocation area, which included the parcels deannexed pursuant to the First Amendment to the Downtown District Plan(the "Union District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "Second Amendment to the Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 21- 1933 on July 13, 2021, approving the Second Amendment to the Downtown District Plan deannexing certain parcels from the Downtown District Project Area and making certain findings (collectively, the Downtown District Plan, and amendments thereto, are referred to as the "Existing Downtown District Plan," and the Downtown District Project Area, and amendments thereto, are referred to as the "Existing Downtown District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan are collectively referred to as the "Existing Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, there are two additional urban renewal plans and their respective revenue allocation project areas that may or will be considered by the City Council prior to December 31, 2021, specifically, the Urban Renewal Plan for the Northern Gateway District Urban Renewal Project and the Urban Renewal Plan for the Linder District Urban Renewal Project, collectively referred to as the "Proposed Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the"Proposed Project Areas;" WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, an urban renewal plan shall (a) conform to the general plan for the municipality as a whole, except as provided in§ 50-2008(g), Idaho Code; and (b) 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, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions; Page 479 Item#16. WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain interested parties and property owners, MDC commenced certain discussions concerning examination of an additional area as appropriate for an urban renewal project; WHEREAS, in 2021, MDC authorized Kushlan I Associates to commence an eligibility study and preparation of an eligibility report for an area 1.461 acres in size, which area was deannexed from the Downtown District Project Area. The area is located generally in the central part of the City on the block bounded by Main Street on the west, Idaho Avenue on the north, NE 2nd Street on the east, and Broadway Avenue on the south. The area is adjacent and contiguous to the Union District Project Area. The eligibility study area is commonly referred to as the Idaho Block Annexation Study Area(the "Study Area"); WHEREAS, MDC obtained an eligibility report entitled Idaho Block Annexation to Union District (Proposed) Eligibility Report, dated June 2021 (the "Report"), which examined the Study Area, for the purpose of determining whether such area is a deteriorating area, a deteriorated area, or a combination of both a deteriorating area and a deteriorated area, as those terms are defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions necessary to be present in such an area are found in the Study Area, i.e., a. age or obsolescence; b. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; and C. diversity of ownership; WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the Report finds there is no open land within the Study Area as contemplated in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(d), and there are not any agricultural operation parcels subject to property owner consent pursuant to Idaho Code Sections 50-2903(8)(f) and 50-2018(8) and(9); WHEREAS, the MDC Board, on June 9, 2021, adopted Resolution No. 21-027 accepting the Report and authorizing the Chair, Vice-Chair, or Administrator of MDC to transmit the Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct MDC to prepare an urban renewal plan amendment for the Study Area, which plan amendment may include a revenue allocation provision as allowed by the Act; Page 480 Item#16. WHEREAS, the City Council on July 6, 2021, adopted Resolution No. 21-2274, declaring the Study Area described in the Report to be a deteriorated area or a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, and directed MDC to commence preparation of an urban renewal plan amendment for the area designated; WHEREAS, MDC seeks to amend the Union District Plan pursuant to Idaho Code Sections 50-2033 and 50-2903A(1)(a)(ii), which amendment contains provisions of revenue allocation financing, to redevelop a portion of the City pursuant to the Law and the Act, as amended; WHEREAS, a modification is not deemed to have occurred under Idaho Code Section 50- 2903A when there is a plan amendment to accommodate an increase in the revenue allocation area boundary as permitted in Idaho Code Section 50-2033. The First Amendment (defined below) is not a modification pursuant to Idaho Code Sections 50-2033 and 50-2903A(1)(a)(ii), and therefore, the base value of the existing Union District Project Area will not be adjusted upwards; WHEREAS, in order to implement the provisions of the Act and the Law either MDC may prepare a plan, or any person,public or private, may submit such plan to MDC; WHEREAS, MDC and its consultants have undertaken the planning process during 2021; WHEREAS, pursuant to the Law and Act, as amended, the MDC prepared the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project (the "First Amendment"), and the corresponding additional urban renewal/revenue allocation area, as set forth in Exhibit 3 attached hereto, seeking to add the Study Area to the Union District Project Area and further, to provide updates to certain provisions and financial information from the Union District Plan, to provide an updated projection concerning the existing and additional improvements, projected expenses, and anticipated revenues through the Union District Plan termination; WHEREAS, the area to be added to the Union District Project Area is shown on the "Boundary Map of the Additional Area" and described in the "Legal Description of the Boundary of the Additional Area," which are attached to the First Amendment as Attachments IA and 2A respectively; WHEREAS, the Act authorizes MDC to adopt revenue allocation financing provisions as part of an urban renewal plan or plan amendment; WHEREAS, the First Amendment contains revenue allocation financing provisions as allowed by the Act; WHEREAS, MDC and the City Council reviewed and considered the proposed public improvements within the First Amendment during a joint meeting on August 24, 2021; WHEREAS,the Agency Board considered all comments and information submitted to the Page 481 Item#16. Agency during several earlier Board meetings throughout 2021, and the Board meeting held on September 22, 2021; WHEREAS, on September 22, 2021, the Agency Board passed Resolution No. 21-038 proposing and recommending the approval of the First Amendment; WHEREAS,the Agency submitted the First Amendment to the Mayor and City Council; WHEREAS, the Mayor and City Clerk have taken the necessary action in good faith to process the First Amendment consistent with the requirements set forth in Idaho Code Sections 50- 2906 and 50-2008; WHEREAS, pursuant to the Law, at a meeting held on October 7, 2021, the Meridian Planning and Zoning Commission considered the First Amendment and found by P& Z Resolution No 21-03 that the First Amendment is in all respects in conformity with the City of Meridian Comprehensive Plan, as may be amended(the "Comprehensive Plan") and forwarded its findings to the City Council, a copy of which is attached hereto as Exhibit 1; WHEREAS, the notice of public hearing of the First Amendment was caused to be published by the Meridian City Clerk in the Idaho Press on October 15 and 29, 2021, a copy of said notice is attached hereto as Exhibit 2; WHEREAS, as of October 15, 2021, the First Amendment was submitted to the affected taxing entities and separately to the Ada County Highway District ("ACHD"), available to the public, and under consideration by the City Council; WHEREAS, the City Council during its regular meeting of November 23, 2021, held such public hearing as noticed; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the First Amendment contains the following information with specificity which was made available to the general public and all affected taxing districts prior to the public hearing on November 23, 2021, the regular meeting of the City Council, at least thirty (30) days but no more than sixty (60) days prior to the date set forth final reading of the Ordinance: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining Page 482 Item#16. assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets; WHEREAS, the First Amendment authorizes certain projects to be financed by owner/developer participation agreements and proceeds from revenue allocation. Revenue allocation bonds, or loans are permissible; WHEREAS, appropriate notice of the First Amendment and revenue allocation provision contained therein has been given to the affected taxing districts and to the public as required by Idaho Code §§ 50-2008 and 50-2906; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the First Amendment and to adopt, as part of the First Amendment, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the First Amendment, in order to: encourage private development in the urban renewal area; prevent and arrest decay of the Amended Project Area (as defined in the First Amendment) due to the inability of existing financing methods to provide needed public improvements; encourage the affected taxing districts to cooperate in the allocation of future tax revenues arising in the Amended Project Area in order to facilitate the long-term growth of their common tax base; encourage private investment within the City; and to further the public purposes of the Agency; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the revenue allocation area as shown and described in Attachments IA and 2A of the First Amendment is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the First Amendment; WHEREAS, under the Law and Act any such plan should provide for(1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or (2) if it is to be developed for nonresidential uses, the local governing body shall Page 483 Item#16. determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in the Law, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, pursuant to Chapter 14, Title 40, Idaho Code, the ACHD is granted certain authority and jurisdiction over public rights of way within the Amended Project Area, as that term is defined in the First Amendment; WHEREAS, ACHD also has the opportunity to provide comments on the proposed First Amendment; WHEREAS, the base assessment roll of the area added by the First Amendment, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent (10%) of the current assessed values of all the taxable property in the City; WHEREAS, it is necessary, and in the best interests of the citizens of the City to adopt the First Amendment; WHEREAS, the City Council at its regular meeting held on November 23, 2021, considered the First Amendment as proposed and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: SECTION 1: It is hereby found and determined that: (a) The area to be added to the existing Union District Project Area as defined in the First Amendment is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the First Amendment are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The First Amendment conforms to the City of Meridian Comprehensive Plan as a whole. (e) The First Amendment gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed use components of the First Amendment and the need for Page 484 Item#16. overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents or businesses in the general vicinity of the urban renewal area covered by the First Amendment. (f) The First Amendment affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the First Amendment provides a feasible method for relocation obligations of any displaced families residing within the Amended Project Area and there is not anticipated to be any activity by the Agency that would result in relocation. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the area added by the First Amendment, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The area to be added by the First Amendment does not exceed ten percent (10%) of the geographical area contained within the existing Union District Project Area, and the area to be added is contiguous to the existing Union District Project Area. (j) The First Amendment includes the requirements set forth in Idaho Code § 50-2905 with specificity. (k) The First Amendment is 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, zoning and planning changes (if any) land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (1) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operation requiring consent. (m) The portion of the Amended Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (n) The portion of the Amended Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of Page 485 Item#16. decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. SECTION 2: The City Council finds that the area added by the First Amendment does not include open land, that the Agency may acquire land within the Amended Project Area, and that the Amended Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. SECTION 3: The City Council finds that one of the First Amendment objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the portion of the Amended Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The First Amendment, a copy of which is attached hereto and marked as Exhibit 3-and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the area added by the First Amendment overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv) for the area added by the First Amendment. SECTION 6: The City Council declares that nothing within the First Amendment is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the First Amendment. SECTION 7: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the First Amendment. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a Page 486 Item#16. copy of the legal description of the boundaries of the area added, and a map indicating the boundaries of the area added. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area, as amended to include the additional area as defined in the First Amendment, the equalized assessed valuation of which the City Council hereby determines is likely to increase and/or continue to increase as a result of the initiation and completion of urban renewal projects pursuant to the First Amendment. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the First Amendment, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act, for the area added by the First Amendment, with the existing Union District Project Area maintaining its base assessment roll as of January 1, 2020. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. Page 487 Item#16. APPROVED: ATTEST: Robert Simison, Mayor Chris Johnson, City Clerk Page 488 Item#16. Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project with the City of Meridian's Comprehensive Plan Page 489 Item#16. Z-21-06 CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO,VALIDATING CONFORMITY OF THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the City of Meridian(the "City"), Idaho, also known as Meridian Development Corporation (hereinafter"MDC"), the duly constituted and authorized urban renewal agency of the City, has submitted the proposed First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project(the "First Amendment") to the City; and WHEREAS, the Mayor and Meridian City Council referred the First Amendment to the City Planning and Zoning Commission for review and recommendations concerning the conformity of said First Amendment with the City's Comprehensive Plan, as amended(the "Comprehensive Plan"); and WHEREAS, on October 7, 2021, the City Planning and Zoning Commission met to consider whether the First Amendment conforms with the Comprehensive Plan as required by Idaho Code § 50-2008(b); and WHEREAS, the City Planning and Zoning Commission has reviewed said First Amendment in view of the Comprehensive Plan; and WHEREAS, the City Planning and Zoning Commission has determined that the First Amendment is in all respects in conformity with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO: Section 1. That the First Amendment, submitted by MDC and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the City's Comprehensive Plan. Section 2. That Exhibit A, the memorandum from Brian McClure, Comprehensive Associate Planner dated September 30, 2021, outlining the analysis supporting the determination that the First Amendment is in conformity with the City's Comprehensive Plan, is hereby adopted and incorporated as part of this Resolution. Section 3. That the City Clerk is hereby authorized and directed to provide the Mayor and Meridian City Council with a signed copy of this Resolution relating to said First Amendment. Page 490 Item#16. Z-21-06 Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 7th day of October 2021. APPROVED: ATTEST: Chair, Planning and Zoning Commission City Clerk Chris Johnson 10-07-2021 4810-4341-8296,v. 1 Page 491 Item#16. Exhibit 2 Notice Published in the Idaho Press Page 492 { " / AD# Item#1 6. LEGAL NOTICE NOTICE OF REGULAR MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO TO CONSIDER THE FIRST AMEND. MENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT OFTHE URBAN RENEWAL AGENCY OF MERIDIAN,IDAHO,ALSO KNOWN AS MERIDIAN DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that on Tuesday,November 23,2021,at 6:00 p.m.in City Council Chambers,Meridian City Hall,33 E.Broadway Avenue,Meridian,Idaho,83642,and/or in virtual meeting as may be noticed on the City,cam,t,(www. meridiancity.org),the City Council of the City of Meridian,Ida- ho("Cfy')will hold,during its regular meeting,a public has, ing to consider for adoption the proposed First Amendment to the Urban Renewal Plan for the Union District Urban Renew- al Project("First Amendment"),concerning the Union District Urban Renewal Plan and Revenue Allocation Area("Existing Union District Project Area")of the Urban Renewal Agency of Meridian,Idaho,also known as Meridian Development Corpo- ration('Agency").The general scope and objective of the First Amendment is the a4dion of approximately 1.46 acres(in- cluding rights-of-way)of land contiguous to the northwestern boundary of the Existing Union District Pmject Area.The urban renewal and revenue allocation area boundary for the area to be added is coterminous and is hereinafter described. The First Amendment proposes that the Agency undertake rban renewal projects,including identifying public facilities for funding,pursuant to the Idaho Urban Renewal Law of 1965,chapter 20,title 50,Idaho Code,as amended.The First Amendment being considered for adoption contains a revenue allocation financing provision pursuant to the Local Economic Development Act,chapter 29,title 50,Idaho Code,as amend. ed,that for the area added will cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base maxissment roll as of January 1,2021,to be allocated to the Agency for urban renewal purposes.The boundary of the addi- tional area includes both urban renewal and revenue allocation as.The Existing Union District Project Area contains a previ- .iey adopted revenue at-often financing provision pursuant to the Act that will continue to cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assised ment mll as of January 1,2020,to be allocated to the Agency for urban renewal purposes.The Agency has adopted and recommended approval of the First Amentlment,The City Council will be considering the second reading of an ordinance to adopt the First Amendment at the meeting scheduled for No- vember 23,2021,at 6:00 p.m.An additional reading will follow consistent with the City's ordinance approval process.The First Amendment does not extend the du much of the Existing Union District Project Area. The general scope and objectives of the First Amendment is The First Amendment proposes improvements to public in- frastructure and other publicly owned assets throughout the amendment area,creating the framework for the development of mixed-use,retail,office,commercial,and residential pmj- eMs,as well as taigm,improvements,planning studies and installation and improvements to other public facilities,includ. ing,but not limited to,streets,ske,tscap-,were and sewer improvements,environmental and foodpiain remediation/site preparation,public parking,other community facilities,parks, plazas,open space,and pedestrian/bike amenities,as more fully described in the First Amendment. Any such land uses as described in the First Amendment will be in conformance with zoning for the City and the Citys Com- prehensive Plan,as amended.Land made available will be it -loped by private enterprises or public agencies as autho- ized by law.The Rest Amendment identifies various public and private improvements which may be made within the Amended Pne-t Area. The Rest Amendment shall add the following area to the Ex- isting Union District Project Area described as follows: An area consisting of approximately 1.46 acres(including rights-of-way)of land contiguous to the northwestern boundary of the Existng Union District Project Area and generally bound- ed by E.Idaho Avenue on the north,NE 2nd Street on the east, a portion of Broadway Avenue on the south,and E.Main Street on the west,an area retained to as the"Idaho Block'and as ore particularly described in the First Amendment and depict- ad in the Map below: fxN�I R S,YfIGW)0 AGCOMP RBaN RCNEWAL 0/STRKI OESCRIPII,),V !0.R MFRroNry 0£v£(OPMErvI GORVORAI/ON LOGIEO/N I E NW 1%Of THE S!%OF SCC>lON],)OWNSN/P J NORM, RANGE!FAS/,BOISE MER/OtW.Aa4 COUNTY.IQAHO a I u 'e+jr— LMEM 0 $,00.0 Copies of the proposed First Amendment and the existing Union District Urban Renewal Plan are on file for public inspec- tion and copying at the office of Me City Clerk,Meridian City Hall,33 E.Broadway Avenue,Meridian,Idaho 83642,between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday, exclusive of holidays.Costs for copying are outlined in Idaho Code Section 74-102.The proposed First Amendment can also be Code online at hdps//baly UnionFiestAmandment.For additional assistance in obtaining a copy of the First Amend mail in the event of business,ce interruptions,contact the office of the City Clerk at 208-888-4433. At the hearing date,time,and place noted above(November 23,2021,at 6:00 Pre),all persons interested in the above mat- ters may appear and be heard.Because social distancing or- dees may be in effect at the time of the hearing,written leshmo- ny is encouragetl.Written testimony must be submitted at least five working days prior to the hearing.Oral testimony may be limited to three minutes per person.Information on assessing the meeting remotely will be posted on the published agendas, no later than 48 hours prior to the meeting at htfps:Hmeridi- ancityorg/agendas.Additional information regarding providing testimony in compliance with any social distancingg orders in effect may be obtained by calling 208-888-4433 or by email at cilvcierk@mer danc'lmst Meridian City Hall is accessible to persons with disabilities. All information presented in the hearing shall also be available upon advance request in a form usable by persons with hear- ing o visual impairments.Individuals with other disabili es e may receive assistance by contacting the City 24 hours prior to the hearing. DATED:October 8,2021. Chris Johnson,City Clerk October 15,29,2021 156880 Page 493 Item#16. Exhibit 3 First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project Page 494 Item#16. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. 20-1882 Adopted June 9, 2020 Effective June 19, 2020,publication First Amendment to the Union District Plan Ordinance No. Adopted Effective 2021, publication FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 1 page 495 Item#16. BACKGROUND This First Amendment ("First Amendment") to the Urban Renewal Plan for the Union District Urban Renewal Project (the "Plan") amends the Plan for the following purpose: to add approximately 1.46 acres (including rights-of-way) of land contiguous to the northwestern boundary of the Union District Project Area and generally bounded by E. Idaho Avenue on the north, NE 2nd Street on the east, a portion of Broadway Avenue on the south, and E. Main Street on the west, an area referred to as the"Idaho Block." The scope of this First Amendment is limited to addressing the addition of the Idaho Block to the Union District Project Area. It is important to note this First Amendment to the Plan does not extend the Plan's duration. The Plan terminates on December 31, 2040; however, revenue allocation proceeds will be received in 2041 pursuant to Idaho Code Section 50-2905(7). This First Amendment to the Plan, seeking to add the Idaho Block to the Union District Project Area pursuant to Idaho Code Section 50-2033, is not deemed to be a modification under Idaho Code Section 50-2903A. "Modification shall not be deemed to have occurred when: . . . (ii) There is a plan amendment to accommodate an increase in the revenue allocation area boundary as permitted in section 50-2033, Idaho Code..." Idaho Code Section 50-2903A(1)(a)(ii). Idaho Code Section 50-2033 permits an urban renewal agency, after July 1, 2011, to add area to an existing revenue allocation area one (1)time"so long as the total area to be added is not greater than ten percent (10%) of the existing revenue allocation area and the area to be added is contiguous to the existing revenue allocation area . . . ."Idaho Code § 50-2033. Contiguity cannot be established solely by a shoestring or public railroad right-of-way. See Idaho Code § 50-2033. The geographic area to be added to the Union District Project Area is contiguous to the existing Union District Project Area and is less than ten percent (10%) of the existing revenue allocation area, which is 15.86 acres. A separate base assessment value will be established for the area to be added to the Union District Project Area, effective retroactive to January 1, 2021. The Agency will receive an allocation of revenues from the added area from any increases in value above the base value through the remaining years of the Plan. The base values for the original Union District Project Area will continue to be retroactive to January 1, 2020. The area to be added to the Union District Project Area was deemed to be a deteriorated area and/or a deteriorating area under the Law and Act and, therefore, eligible for inclusion into the existing revenue allocation area pursuant to the Idaho Block Annexation to Union District (Proposed) Eligibility Report,prepared by Kushlan I Associates, dated June 2021 (the "Eligibility Report"). The Eligibility Report was submitted to the Agency, which by adoption of Resolution No. 21-027 on June 9, 2021, found the additional area to be eligible and authorized the transmission of the Eligibility Report and Resolution to the Meridian City Council, together with the Agency's recommendation that the area be designated as appropriate for an urban renewal project, and seeking direction from the City Council to proceed with urban renewal plan amendment. The Meridian City Council, by adoption of Resolution No. 21-2274 on July 6, 2021, found the area under consideration to be a deteriorating area or a deteriorated area in the City, as defined by the Law and the Act, and authorized preparation of a plan amendment. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 2 page 496 Item#16. AMENDMENTS TO THE PLAN 1. Definitions. Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan. 2. The following defined terms are amended throughout the Plan as follows: a. Delete "Project Area" and replace with"Amended Project Area" except where specifically referenced in this First Amendment. b. Delete references to "Attachment 1" and replace with"Attachment 1, as supplemented by Attachment IA" except where specifically referenced in this First Amendment. C. Delete references to "Attachment 2" and replace with"Attachment 2, as supplemented by Attachment 2A" except where specifically referenced in this First Amendment. d. Delete references to "Attachment 4" and replace with "Attachment 4, as supplemented by Attachment 4A" except where specifically referenced in this First Amendment e. Delete references to "Attachment 5" and replace with"Attachment 5, as supplemented by Attachment 5A" except where specifically referenced in this First Amendment. 3. Amendment to List of Attachments. The List of Attachments on page iii of the Plan is amended by deleting the list of attachments and replacing it as follows: Attachment 1 Boundary Map of Union District Urban Renewal Project Area and Revenue Allocation Area Attachment 1A Boundary Map of the Additional Area Attachment 2 Legal Description of Union District Urban Renewal Project Area and Revenue Allocation Area Attachment 2A Legal Description of the Boundary of the Additional Area Attachment 3 Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Attachment 4A Map Depicting Expected Land Uses and Current Zoning Within the Area Added by the First Amendment Attachment 5 Economic Feasibility Study Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 3 page 497 Item#16. 4. Amendment to Section 100 of the Plan. Section 100 is amended by deleting the last sentence of the first paragraph and replacing it as follows: Attachments 1 through 5, as supplemented by Attachments IA, 2A, 4A and 5A, attached hereto (collectively, the "Plan Attachments, as supplemented") are incorporated herein and shall be considered a part of this Plan. 5. Amendment to Section 102 of the Plan. Section 102 entitled"Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50- 2906" is amended by adding new paragraphs to the end of the existing language as follows: Subsequent to the adoption of this Plan in 2020,in 2021,the Agency retained a third-party consultant to review approximately 1.46 acres of land adjacent and contiguous to the Project Area for an eligibility determination for an urban renewal project. The area reviewed included land contiguous to the northwestern boundary of the Union District Project Area and generally bounded by E. Idaho Avenue on the north, NE 2nd Street on the east, a portion of Broadway Avenue on the south, and E. Main Street on the west(the "Idaho Block"). The Idaho Block was reviewed and determined to be a deteriorated area and/or a deteriorating area under the Law and the Act and, therefore, eligible for inclusion into the existing revenue allocation area pursuant to the Idaho Block Annexation to Union District Eligibility Report(proposed), prepared by Kushlan I Associates, dated June 2021 (the "Eligibility Report"). The Eligibility Report was submitted to the Agency, which by adoption of Resolution No. 21-027 on June 9, 2021, found the additional area to be eligible and authorized the transmission of the Eligibility Report and Resolution to the City Council, together with the Agency's recommendation that the area be designated as appropriate for an urban renewal plan amendment. The City Council by adoption of Resolution No. 21-2274 on July 6, 2021, found the area under consideration to be a deteriorating area or a deteriorated area in the City, as defined by the Law and the Act, and authorized preparation of a plan amendment. The 1.46 acres being added to the Project Area hereby creates the "Amended Project Area" as further described and shown in Attachments 1, 1A, 2, and 2A. This First Amendment to the Plan (the "First Amendment") adds certain parcels that were deannexed from the Downtown District Plan and Project Area in 2021 pursuant to the Second Amendment to the Meridian Revitalization Plan. This First Amendment was prepared and submitted to the Agency for its review and approval. The Agency approved the First Amendment by the adoption of Resolution No. 21-038 on September 22, 2021 and FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT-4 page 498 Item#16. submitted the First Amendment to the City Council with its recommendation for adoption. In accordance with the Law,this First Amendment was submitted to the Planning and Zoning Commission of the City. After consideration of the First Amendment, the Commission filed Resolution 21-06 dated October 7, 2021, with the City Council stating that the First Amendment is in conformity with the City's Comprehensive Plan. Pursuant to the Law and Act,the City Council,having published due notice thereof,held a public hearing on the First Amendment. Notice of the hearing was duly published in the Idaho Press, a newspaper having general circulation in the City. The City Council adopted the First Amendment on 2021, pursuant to Ordinance No. 6. Amendment to Section 103 of the Plan. In Section 103, the term "Project Area" is now replaced with the term"Amended Project Area." 7. Amendment to Section 103 of the Plan. Section 103 of the Plan is amended by the addition of new Section 103.1 entitled"History and Current Conditions of the Expansion Area" as follows: During 2021, the City, Agency, and other interested parties began to examine the need to expand the Project Area to include additional area adjacent and contiguous to the Project Area that continued to be underdeveloped. The approximately 1.46 acres to be added to the Project Area includes eleven(11)tax parcels with an Old Town(OT)zoning designation and are located within the older developed area within the community. None of the parcels appear to be owner-occupied residences. Only the south half of Idaho Avenue between Main Street and NE 2nd Street is included. The area reviewed exhibited deteriorated conditions due to the age or obsolescence of the structures. The area is transitioning to a modern commercial center and the configuration of small lots does not accommodate modern commercial development rendering redevelopment economically infeasible. Similarly, the eleven (11) parcels range in size with the majority of lots under 5,000 square feet, which is an insufficient size to accommodate economical economic development. Diversity of ownership is also present, which makes land assemblage challenging. These above conditions result in economic underdevelopment of the area and are conditions that substantially impair and arrest the sound growth of the City. The First Amendment embraces the principles set forth in the Plan and proposes improvements to public infrastructure and other publicly owned assets throughout the expansion area, creating the framework for the development of mixed-use, retail, office, commercial, and residential, FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 5 page 499 Item#16. projects, as well as, fagade improvements,planning studies and installation and improvements to other public facilities, including, but not limited to, streets, streetscapes, water and sewer improvements, environmental and floodplain remediation/site preparation, public parking, other community facilities, parks, plazas, open space, and pedestrian/bike amenities. The expansion area is underdeveloped and is not being used to its highest and best use due to age and obsolescence, as well as faulty lot layout in relation to size, adequacy, accessibility or usefulness, obsolete platting, and diversity of ownership. The foregoing conditions have resulted in economic underdevelopment of the expansion area and has arrested or impaired growth in the expansion area. The preparation and approval of an urban renewal plan amendment including a revenue allocation financing provision,gives the City additional resources to solve the public infrastructure problems in this area. Revenue allocation financing should help to improve the situation. In effect,property taxes generated by new developments within the Amended Project Area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, some of the new developments may also generate new jobs in the community that would, in turn, benefit area residents. It is unlikely individual developers will take on the prohibitive costs of constructing the necessary infrastructure in the expansion area without the ability of revenue allocation to help offset at least some of these costs. But for urban renewal and revenue allocation financing, the proposed commercial, office, residential and related public improvements would not occur. 8. Amendment to Section 200 of the Plan. a. Section 200 entitled "DESCRIPTION OF THE PROJECT AREA" is deleted and replaced as follows: DESCRIPTION OF THE AMENDED PROJECT AREA The boundaries of the Project Area and of the Revenue Allocation Area are shown on Attachment 1, Boundary Map of Union District Urban Renewal Project Area and Revenue Allocation Area, and are described in Attachment 2, Legal Description of Union District Urban Renewal Project Area and Revenue Allocation Area. The boundaries of the area added to the Project Area,pursuant to the First Amendment, are shown on Attachment IA, Boundary Map of the Additional Area, and are described in Attachment 2A, Legal Description of the Boundary of the Additional Area. Collectively, the Project Area, as amended, may be referred to as the "Amended Project Area." FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 6 page 500 Item#16. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise specified. The attachments referenced above are attached hereto and are incorporated herein by reference. 9. Amendment to Section 301 of the Plan. Section 301 is amended as follows: a. Section 301 is amended by deleting subsection (t) and replacing it as follows: t. The construction and financial support of cultural facilities and the enhancement,installation and/or construction of parks,open spaces, plazas, and public recreational facilities; b. Section 301 is amended by adding a new subsection (x) as follows: X. The provision of financial and other assistance to encourage and support the Agency's fagade improvement program C. Section 301 is amended by adding a new subsection(y) as follows: Y. The funding in whole, or in part,any planning studies within the Amended Project Area. 10. Amendment to Section 302 of the Plan. Section 302 is amended by deleting the first paragraph and replacing it as follows: Urban renewal activity is necessary in the Amended Project Area to combat problems of physical deterioration or deteriorating conditions. As set forth in greater detail in Sections 103 and 103.1, the Amended Project Area has a history of stagnant growth and development compared to the greater downtown area of the City based on deteriorated or deteriorating conditions that have arrested or impaired growth in the Amended Project Area primarily attributed to: underdeveloped properties; inadequate pedestrian and bicycle connectivity and mobility; the presence of a substantial number of deteriorating structures; deterioration of site; age and obsolescence; a predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility or usefulness; unsanitary or unsafe conditions; diversity of ownership; and defective or very unusual conditions of title. The Plan for the Amended Project Area is a proposal to work in partnership with public and private entities to improve, develop, and grow the economy within the Amended Project Area by the implementation of a strategy and program set forth in Section 301, as amended. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 7 page 501 Item#16. 11. Amendment to Section 502 of the Plan. a. Section 502 is amended by deleting the first sentence of the first paragraph and replacing it as follows: The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2020, for the original Project Area and effective retroactively to January 1, 2021, for the area added to the Project Area by the First Amendment. b. Section 502 is amended by deleting the first and second sentences of the fifth paragraph and replacing them as follows: A statement listing proposed public improvements and facilities, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code Section 50-2905 is included in Attachment 5 for the Project Area, and as supplemented in Attachment 5A for the area added by the First Amendment. The information contained in Attachment 5 incorporated estimates and projections based on the Agency's and the consultants' knowledge and expectations at that time. The information contained in Attachment 5A necessarily incorporates estimates and projections based on the Agency's present knowledge and expectations and includes analysis and assessment based on the additional 1.461 acres added to the Project Area.' 12. Amendment to Section 502.1 of the Plan. Section 502.1 is amended by deleting Section 502.1 and replacing it as follows: Attachment 5 consists of the Economic Feasibility Study for the Union District Urban Renewal Area prepared by Kushlan I Associates and SMR Development, LLC for the original Project Area. Attachment 5A consists of the Economic Feasibility Study for the area added to the Project Area by the First Amendment prepared by Kushlan I Associates. Portions of the data from Attachment 5 are restated in Attachment 5A to the extent additional information was available related to the timing of projects impacting revenue generation and project funding in the expansion area (collectively, Attachments 5 and 5A are referred to as the "Study"). The Study constitutes the financial analysis required by the Act. 13. Amendment to Section 502.3 of the Plan. Section 502.3 of the Plan is amended by the addition of new Section 502.3.1 entitled "Updated Ten Percent Value Limitation and the Ten Percent Geographic Limitation" as follows: Under the Act,the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent (10%) of the current assessed taxable value for the entire City. According to the Ada County Assessor, the assessed taxable value for the City as of January 1, 20202 less ' See also Section 301 to the Plan,as amended. 2 Due to the timing of the assessment process and creation of this Plan,the 2020 values have been used to establish compliance with the 10%limitation.Using the 2020 values,the total adjusted base value of the existing and proposed revenue allocation areas combined with the value of this annexation into the Project Area are less than 2.62%of FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 8 page 502 Item#16. homeowners' exemption is $10,375,837,804. Therefore, the 10% limit is $1,037,583,780. The adjusted base assessed value of each of the existing revenue allocation areas, plus the expansion area and the proposed revenue allocation areas, as of January 1, 2020, is as follows: Downtown District3 $146,334,050 Ten Mile District $39,539,125 Union District $2,144,360 Proposed Union District Project Area Amendment $3,414,100 Proposed Northern Gateway District $68,832,974 Proposed Linder District4 $11,978,500 TOTAL: $272,243,109 The adjusted base values for the combined revenue allocation areas total$272,243,109,which is less than 10%of the City's 2020 taxable value. Further, Idaho Code Section 50-2033 provides that after July 1, 2011: "[a]n urban renewal plan that includes a revenue allocation area may be extended only one (1) time to extend the boundary of the revenue allocation area so long as the total are to be added is not greater than ten percent (10%) of the existing revenue allocation area and the area to be added is contiguous to the existing revenue allocation area but such contiguity cannot be established solely by a shoestring or strip of land which comprises a railroad or public right-of-way." The Project Area consists of approximately 15.86 acres; therefore, the 10% geographic limit is approximately 1.59 acres. The area to be added to the Project Area, which is adjacent and contiguous to the Project Area, consists of approximately 1.461 acres, which is less than 10% of the acreage included in the Project Area. 14. Amendment to Section 502.7 of the Plan. a. Section 502.7 is amended by adding a new sentence at the end of the second sentence of the second paragraph as follows: The addition of the geographic area to the Project Area pursuant to the First Amendment does not reset the bases; however, for the area added, the base value is the assessed value as of January 1 of the year in which the municipality approved the expansion or, in this instance, January 1, 2021. the total taxable value of the City. Even assuming an increase in values for 2022,the combined adjusted base values of the revenue allocation areas would not exceed 10%of the current assessed taxable value for the entire City. 3 Less area deannexed by the First Amendment to the Meridian Revitalization Plan Urban Renewal Project,and the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project. a May not be established until calendar year 2022. s See Idaho Code Sections 50-2903A(l)(a)(ii)and 50-2033. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 9 page 503 Item#16. b. Section 502.7 is amended by adding a new footnote following the fourth sentence of the second paragraph as follows: House Bill 389 passed during the 2021 Legislative Session, effective in significant part as of January 1, 2021, further limits a taxing entity's ability to increase the property tax portion of its budget. The Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation, included as Attachment 5A, has considered the impact of House Bill 389 on the Project's overall feasibility. C. Section 502.7 is amended by adding a new footnote following the first sentence of the fifth paragraph as follows: House Bill 389 amended Idaho Code Sections 63-802 and 63-301A limiting the value placed on the new construction roll and available to a taxing district for a budget capacity increase. This could result in lower levy rates over time. d. Section 502.7 is amended by deleting the last sentence of the fifth paragraph and replacing it as follows: Upon termination of this Plan, as amended by the First Amendment, and the Amended Project Area, the taxing entities will be able to include a percentage of the accumulated new construction roll value in setting the following year's budget (subject to any applicable cap)pursuant to Idaho Code Sections 63-802 and 63-301A. e. Section 502.7 is amended by adding new paragraphs following the end of the seventh paragraph as follows: Pursuant to the First Amendment and Attachment 5A concerning the expansion, as 2021 certified levy rates are not determined until late September 2021,the 2020 certified levy rates have been used in Attachment 5A for purposes of the analysis.7 Those taxing districts and rates are as follows: Taxing Districts: Lew Rates: The City of Meridian .002230856 The West Ada School District(School District No. 2) .000014472 Ada County .002149935 Emergency Medical District/Ada County Ambulance .000118422 Mosquito Abatement District .000021106 The Ada County Highway District .000701539 Meridian Library District .000430489 Meridian Cemetery District .000048343 Western Ada Recreation District .000037736 College of Western Idaho .000124266 TOTAL' .005877164 6 Pursuant to House Bill 389,80%of the total eligible increment value is added to the new construction roll. 7 Due to the timing of the taxing districts'budget and levy setting process,certification of the 2021 levy rates did not occur until this First Amendment had been prepared and considered by the Agency.In order to provide a basis to analyze the impact on the taxing entities,the 2020 levy rates are used.Use of the 2020 levy rates provides a more accurate base than estimating the 2021 levy rates. 8 Net of voter approved bonds and levies. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 10 page 504 Item#16. House Bill 587, as amended in the Senate, effective July 1, 2020, amends Idaho Code Section 50-2908 altering the allocation of revenue allocation funds to the Agency from the Ada County Highway District levy9.This amendment will apply to the expansion area10 added by this First Amendment and provides: "[i]n the case of a revenue allocation area first formed or expanded to include the property on or after July 1,2020,all taxes levied by any highway district,unless the local governing body that created the revenue allocation area has responsibility for the maintenance of roads or highways" will be allocated to the applicable highway district, which in this case is the Ada County Highway District. However, amended Idaho Code Section 50-2908 further provides the highway district and Agency may enter into an agreement for a different allocation.A copy of any agreement is required to be submitted to the Idaho State Tax Commission and to the Ada County Clerk by the Ada County Highway District as soon as practicable after the parties have entered into the agreement and by no later than September 1 of the year in which the agreement takes effect. The Agency intends to work with the Ada County Highway District to enter into an agreement allowing the Agency to retain the revenues from the highway district levies for the expansion area. No agreement is required for the original Project Area. The Study has made certain assumptions concerning the levy rate. The levy rate is estimated to be 10%lower than the combined 2020 certified levy rate to adjust for the impact of House Bill 389, as well as considering the rapidly increasing property values. The levy rate is anticipated to remain level for the life of the Project Area. As the actual impact of the property value fluctuations on the levy rate is unknown, the Study has assumed a combined conservative levy rate of .0053. Land values are estimated to inflate at 8%/year for five (5)years and then inflate at a rate of 4%/year for the remaining duration of the Project Area. Improvement values are estimated to inflate at a rate of 10%/year for five (5) years, and thereafter are estimated to inflate at a rate of 5%/year for the duration of the Project Area. Estimated new development is anticipated occur annually and be fully on the tax rolls from year 2025 through 2029. If the overall levy rate is less than projected,or if expected development fails to occur as estimated, the Agency shall receive fewer funds from revenue allocation. The Study has also considered the timing of the original projects identified in the Plan and pushed back the completion timeline where necessary to account for current market conditions. 9 Senate Bill 1107,as amended in the Senate,effective July 1,2021,made a corresponding amendment to Idaho Code Section 40-1415(3)to address the responsibility for funding certain urban renewal projects. 10 The amendment to Idaho Code Section 50-2908 does not apply to the original Project Area. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 11 page 505 Item#16. 15. Amendment to Section 800 of the Plan. Section 800 is amended by adding a new sentence at the end of the first paragraph as follows: The addition of parcels to the original Project Area pursuant to this First Amendment has no impact on the duration of this Plan. 16. Amendment to Plan to add new Attachment IA. The Plan is amended to add new Attachment 1A entitled"Boundary Map of the Additional Area," attached hereto. 17. Amendment to Plan to add new Attachment 2A. The Plan is amended to add new Attachment 2A entitled "Legal Description of the Boundary of the Additional Area," attached hereto. 18. Amendment to Plan to add new Attachment 4A. The Plan is amended to add new Attachment 4A entitled"Map Depicting Expected Land Uses and Current Zoning Within the Areas Added by the First Amendment," attached hereto. 19. Amendment to Plan to add new Attachment 5A. The Plan is amended to add new Attachment 5A entitled "Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation," attached hereto. 20. Union District Plan Remains in Effect. Except as expressly modified in this First Amendment, the Plan and the Attachments thereto remain in full force and effect. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 12 page 506 Item#16. Attachment IA Boundary Map of the Additional Area Page 507 Item#16. EX ISI T B SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE NW 114 OF THE SW 114 OF SECTION 7, TOWNSHIP J NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO POINT OF E IDAHO AVENUE BEGINNING BAS15 OF BEARING 5 88'43`59" E 380.05' 4D.00' 40.00' D q h I a Lw 0 0 I � a � � 88'4.3' 9" H� 210.08' AL v] 60.42' 3001' 120.05' p v ry IN W � ry 40' N 88'44 00" W 9Q 05' a . _ S 88'44 00" E 380. 18' E BRa4DWAY AVENUE LEGEND URD BOUNDARY A L A At URD AREA a 187 0 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDfAN ROAD MERIDIAN, IDAHO 83542 A K013 {208}888-4312 SCALE' 1"=B0' Page 508 Item#16. Attachment 2A Legal Description of the Boundary of the Additional Area Page 509 Item#16. EXHIBIT A URBAN RENEWAL DISTRICT BOUNDARY DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION IDAHO BLOCK A description for Urban Renewal District purposes located in the NW 1/4 of the SW 1/4 of Section 7,Township 3 North, Range 1 East, Boise Meridian, and being a part of Block 4 of the amended plat of the TOWNSITF OF MERIDIAN as found in Book 1 of plats at Page 30 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the intersection of N Main Street and E Idaho Avenue, from which a brass cap monument marking the intersection of NE 2nd Street and E Idaho Avenue gears S 88'43'S9" E a distance of 380.05 feet; Thence S 88'43'59" E along the centerline of said E Idaho Avenue a distance of 40.00 feet to the POINT OF BEGINNING; Thence continuing S 88043'59" E a distance of 300.04 feet to a point on an extension of the easterly boundary of said Block 4; Thence leaving said centerline S 0'31`47" W a distance of 40.00 feet to a point marking the northeasterly corner of said Block 4; Thence continuing S 0'31'47" W along said easterly boundary a distance of 256.13 feet to a point marking the southeasterly corner of said Block 4; Thence N 88°44'00" W along the southerly boundary of said Block 4 a distance of 90.05 feet to a point marking the southwesterly corner of Lot 8 of said Block 4; Thence leaving said southerly boundary N 0'32'12" E along the westerly boundary of said Lot 8 a distance of 120.07 feet to a point marking the northwesterly corner of said Lot 8; Thence N 88°4359" W along the northerly boundary of Lots 1 —7 of said Block 4 a distance of 210.08 feet to a point on the westerly boundary of said Block 4, said point being the northwesterly corner of Lot 1 of said Block 4; Thence N 0'33'09" E along said westerly boundary a distance of 136.07 feet to a point marking the northwesterly corner of said Block 4; Page 1 of 2 Page 510 Item#16. Thence continuing N 0'33'09" E on are extension of said westerly boundary a distance of 40.00 feet to the POINT OF BEGINNING. This parcel contains.approximately 1.461 acres. NOTE: This description was prepared using record information including Record of Surveys, Subdivision Plats and Deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Kyle A. Koornler, PLS rI QNpL Aly � Civil survey Consultants, Incorporated ' C NSIS G� May 26, 2021 1078 0 � .4 TE OF vloW. A. KO� Page 2 of 2 Page 511 Item#16. Attachment 4A Map Depicting Expected Land Uses and Current Zoning Within the Areas Added by the First Amendment Page 512 Item#16. u ure Land Uses Civic Old Town E-PINE AVE z N W z Lu N 2 H �� - - -- 4■a■J■4■It1■1�1-■ ■ E IDAHO;AVE z - - G _Q N _0 M 404-0 --- - E BROADWAY AVE Z -! f- N Z Q z Legend .P'E N �■ Annexation Area z Q Union District 0 Parcels v �-- Railroad Lu 0 200 400 Z ZNy F Page 513l Item#16. ornng I I I I I i I-L IL o-T E PINE AVE R-8 R-15 H Z N W Z H t/! H � � i""""""■'■ E IDAHO AVE - z i ■ I i o M Z f- N _Z Q E z Legend ; Annexation Area N z 0 Union District � 0 Parcels �o 0 } Railroad 0 200 400 Z ZNv> F �P,91 Item#16. Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation 4835-4848-9712,v.7 Page 515 Item#16. ATTACHMENT 5.1A Public Improvements within the Revenue Allocation Area This attachment includes a projected list of proposed public works or improvements within the Union District Project Area, as amended by the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project (the "First Amendment"),which added approximately 1.46 acres to the Union District Project Area pursuant to Idaho Code Sections 50-2903A(1)(a)(ii) and 50-2033 (the "Amended Project Area"). This Attachment 5A,the Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation, is intended to address the scope of projects related to the expansion area; however, portions of the Economic Feasibility Study may be restated if additional information is available related to the timing of projects impacting revenue generation and project funding in the expansion area. The proposed improvements within the Amended Project Area include improvements to streets, utilities, and other public rights-of-way amenities as well as construction and/or improvements to parks, plazas and open space, a community center, facade improvements, public parking (structured and surface parking), property acquisition to support development and/or redevelopment goals, and brownfield and/or environmental clean-up. The Union District Improvement List set forth below identifies needed investments to support private investment in capital facilities. Capital facilities generally have long useful lives and significant costs. The overall project and the infrastructure to support it are all consistent with the vision articulated in the City of Meridian Comprehensive Plan, Destination: Downtown Plan,the future land use map and as required in City development regulations. The cost estimates provided by owner/developers and the City are based upon prices for similar construction in the area. Estimated costs expected to be incurred in implementing the Urban Renewal Plan for the Union District Urban Renewal Project (the "Plan") as amended by the First Amendment are as follows: Union District Improvement List Community Center Construction $6,450,000 Net District Cost Construction $6,450,000 Community Center Site Improvements $1,615,000 Structured Public Parking $4,250,000 Sub-Total $5,865,000 Total Community Center Cost $12,315,000 Page 516 Item#16. Proposed Public Infrastructure, including Engineering, Design, Installation, Construction, and/or Reconstruction of: Improvements to 3rd Street Improvements to Broadway Avenue Intersection Improvements and Rail Crossing Safety Enhancements Pedestrian improvements Streetscape Improvements Sewer Infrastructure Improvements Water Infrastructure Improvements Electrical Distribution Improvements Right-of-Way Landscaping Improvements Utility Relocations Lateral Relocation and Improvements Irrigation and Drainage Improvements Public Improvements Sub-total $1,215,000 Additional Public Parking $3,810,000 Other Eligible Public Infrastructure Improvements Facade Improvements $750,000 Property Acquisition $3,500,000 Public Plazas, Parks &Open Space $3,000,000 Environmental Remediation $2,250,000 Idaho Avenue Improvements $1,000,000 Planning Studies $259,000 Grand Total $28,099,000 The projects and estimated costs have been derived from Galena Opportunity Fund and updated by the City and the Meridian Development Corporation (MDC) based upon similar works being carried out in the broader community and existing market conditions. The costs related to the expansion area improvements are estimated in 2021 dollars and are not inflated. Costs will likely vary from the costs detailed here, as they will be subject to inflation and further project refinement and timing. The cost estimates used in this analysis are considered estimates for the purpose of financial planning. The Amended Project Area is estimated to generate $25,389,904 in tax increment revenue between 2020 and 20401 in addition to the initial $100,000 loan from the MDC to activate the program.Additional potential sources of funding for the identified projects may include funding in the amount of$3,800,000 from the City to support the Community Center project recognizing the City is not committing funds to this Project and any commitment As the Idaho property tax system provides for taxes being paid in arears, Revenue Allocation funds will be received in FY2041. However, the final year of income has not been considered in determining the economic feasibility of the Union District, as amended. Page 517 Item#16. would occur through the City's appropriations/budget process. Further funding may be available through grants. The total from all sources is estimated to be $29,289,904. There are presently$28,099,000 of project costs identified in the Union District Improvement List provided by developers, property owners and the City. The fiscal analysis generally assumes projects will be implemented by developers as part of certain private developments within the Union District Project Area, as amended, specifically related to the Meridian Station Project and the Civic Block Project as contemplated in the original Plan, and the Idaho Block project in the expansion area. It is assumed that the developers will be reimbursed through Owner Participation Agreements (OPA) from resources derived from the Amended Revenue Allocation Area established by the Union District Project Area, as amended by the First Amendment. Projects are also anticipated to occur on a pay-as-you-go basis, in addition to funding from other public entities, if available, and any available grant funding. Administrative costs over the 20-year life of the district are estimated at$920,000 or approximately 3.16% of total estimated revenue. The initial inter-district loan to support startup costs is assumed to be repaid at 5% simple interest for a total obligation of $115,0002. The total estimated expenditures equal $29,134,000, leaving a $155,903 positive program balance of at the end of the 20-year term. See attached cash flow analysis for detailed estimates. The Plan, as amended by the First Amendment, provides for the Plan and Amended Project Area to extend through its maximum term of 20 years. This First Amendment will constitute the one-time annexation to the Union District Project Area as permitted in Idaho Code 50-2033. Secure funding includes revenue allocation funds and is money MDC is highly likely to receive. The funds may not be in MDC's possession at the beginning of the Plan period, but it is virtually certain that MDC will receive the funds. MDC may need to take specific actions to generate the funding,but those actions are within its powers. Despite the high probability of secure funding, no project can proceed until a specific, enforceable funding plan is in place. Potential funding is money that might be received by MDC. In every case MDC is eligible for the funding, and the source of funding exists under current law. However, each potential funding source requires one or more additional steps or decisions before MDC can obtain the resources, and the ultimate decision is outside of MDC's independent control. The City's potential capital contribution and grant funds are an example of potential funding. Thus, potential funding is not assumed in determining financial feasibility. z The amount of revenue allocation proceeds dedicated to the administration of the Union District, as amended [$80Z183 shown in Forecast]is supplemented by the Inter-district loan to produce the full amount over the life of the District. Page 518 Item#16. Unfunded projects, or portions of projects lack secure or potential funding. At this time, all projects are anticipated to be funded. The amount of tax increment contributed to the project will vary depending upon the actual cost of infrastructure. The Plan, as amended by the First Amendment, proposes certain public improvements that will facilitate development in the Amended Project Area. The overall investment package could be funded from a variety of financing methods and sources. The primary method of financing MDC's obligation will be through the use of tax increment revenue (i.e., incremental property taxes from the revenue allocation area). This Plan, as amended by the First Amendment, anticipates that at least a portion of the tax increment revenue will be used to reimburse an owner/developer through a negotiated agreement for some or all of the eligible improvement costs or through direct investment by MDC. Other sources of funding for project may include, but are not limited to: • Local Improvement District (LID) • Business Improvement District (BID) • Development Impact Fees • Franchise Fees • Grants from federal, state, local, regional agencies and/or private entities • Other bonds, notes and/or loans • Improvements and/or payments by developers The total project costs and the amount of tax increment are estimates. The estimated project costs and revenues are based on MDC's present knowledge and expectations supported by detailed information from property owners, developers, City and MDC staff and MDC's consultants based in part upon current construction projects in the broader community. Summary of Projects Based on the Union District Improvement List, as amended by the First Amendment, set forth above,the estimated total costs for the public improvements are $28,099,000. Page 519 Item#16. Cost of Operations and Improvements by Year 2020-2041 Year Secure Potential District MDC Funds for Total Funding Funding Operating Loan Program, Project (TIF Expenses Debt Capital, and Liabilities & Service Debt Service MDC Loan) Expenses 2020 $75,000 $0 $25,000 $0 $25,000 2021 $25,000 $0 $25,000 $0 $25,000 2022 $3,430 $0 $25,000 $0 $25,000 2023 $7,167 $0 $25,000 $0 $0 $25,000 2024 $11,237 $0 $20,000 $0 $0 $20.000 2025 $390,630 *$3,800,000 $50,000 $0 $4,100,000 $4,150,000 2026 $676,794 $0 $50,000 $115,000 $475,000 $640,000 2027 $1,003,700 $0 $50,000 $0 $900,000 $950,000 2028 $1,187,991 $0 $50,000 $0 $1,100,000 $1,150,000 2029 $1,381,483 $0 $50,000 $0 $1,350,000 $1,400,000 2030 $1,452,136 $0 $50,000 $0 $1,400,000 $1,450,000 2031 $1,526,307 $0 $50,000 $0 $1,500,000 $1 ,550,000 2032 $1,604,171 $0 $50,000 $0 $1,550,000 $1,600,000 2033 $1,685,912 $0 $50,000 $0 $1,550,000 $1,600 ,000 2034 $1,771,724 $0 $50,000 $0 $1,800,000 $1,850,000 2035 $1,861,809 $0 $50,000 $0 $1,800,000 $1,850.000 2036 $1,956,381 $0 $50,000 $0 $1,900,000 $1,950,000 2037 $2,055,662 $0 $50,000 $0 $2,000,000 $2,050,000 2038 $2,159,889 $0 $50,000 $0 $2,100,000 $2,150,000 2039 $2,269,306 $0 $50,000 $0 $2,250,000 $2,300,000 2040 $2,384,174 $0 $50,000 $0 $2,324,000 $2,374,000 2041 $0 $0 $0 $0 $0 Total $25,489 903 $3,800,000 $920,000 $115,000 $28,099,000 $29,134,000 Note: This analysis anticipates a positive fund balance of$155,903 the end of the project. *Potential City contribution to the Community Center Project. Not a binding commitment. Any City funding would be subject to annual appropriations/budgeting considerations. Page 520 Item#16. ATTACHMENT 5.2A Economic Feasibility Study The Plan, as amended by the First Amendment, is economically feasible because the proposed development is sufficient to fully cover the anticipated cost of the redevelopment program. The economic feasibility of the Plan, as amended by the First Amendment, is based on the following factors: • The amount of development anticipated in the Amended Project Area • The timing of the proposed taxable development • The nature of the proposed development • The amount of tax revenue to be generated by the proposed development • The cost of public improvement projects. • If revenue equals or exceeds project costs, the Plan is economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of the Plan, as amended by the First Amendment. The Economic Feasibility Analysis Summary: Over the course of the Plan and the Union District Project Area, as amended by the First Amendment, $25,389,904 of Tax Increment Revenue is estimated to be generated using the development scenarios proposed by property owners/developers within the Union District Project Area, as amended by the First Amendment, the City and MDC, in consultation with its consultants. The Economic Feasibility Study assumes 10% of annual revenue allocation area proceeds, or TIF revenue, will be used for administration of the Union District Project Area, as amended by the First Amendment,with that amount capped at$50,000 per year, for a total of$920,000 for administration costs over the 20-year lifespan of the District. The attached spreadsheets entitled "Union District Revenue Model, as amended by the First Amendment" and "Union District, as amended by the First Amendment, Cash Flow Analysis" gives a more detailed outlook on the revenues and expenses of the development scenario. The following assumptions were made in the formulation of the Financial Feasibility Analysis: o Land Value Increase @ 8%/Year for 5 years then 4%/year through the remainder of the term o Improvement Value Increase @ 10%/Year then 5%/year through the remainder of the term, Page 521 Item#16. o Tax Rate reduced by 10% and then held constant through the life of the Plan o Total Cost of Improvements over the life of the project: $28,099,000 o Tax rate does not include levies excluded pursuant to Idaho Code 50-2908, such as voter approved bonds/levies after 2007,judgment levies or the School District Plant or supplemental levies excluded by law. The Economic Feasibility Analysis shows that the project will generate adequate funds within the Amended Project Area to fund the necessary capital improvements. 4831-7174-6294, v. 6 Page 522 Item#16. Land Value Impr.Value Cum.New Total Annual New Cumulative Increment Tax Funding for (+8%annually (+10%for 5 Const Value+ Levy Rate Admin Year Assessed Const.Value Homeowners' Taxable Value Value (H- Increment Capital Projects for 5 years years then Inflation @ (-10%) Costs(10%) Value on tax roll Exemption Base Value) Yield /Debt Service then 4%) 5%) 10%and 5% 2020 $ 4,033,200 $ - $ 4,033,200 $ $ - $ $ 4,033,200 $ 0.0053 2021 $ 4,355,856 $ 2,987,700 $ 7,343,556 $ $ $ $ 7,343,556 $ - 0.0053 $ - $ - $ - 2022 $ 4,704,324 $ 3,286,470 $ 7,990,794 $ $ $ $ 7,990,794 $ 647,238 0.0053 $ 3,430 $ 343 $ 3,087 2023 $ 5,080,670 $ 3,615,117 $ 8,695,787 $ $ $ $ 8,695,787 $ 1,352,231 0.0053 $ 7,167 $ 717 $ 6,450 2024 $ 5,487,124 $ 3,976,629 $ 9,463,753 $ $ $ $ 9,463,753 $ 2,120,197 0.0053 $ 11,237 $ 1,124 $ 10,113 2025 $ 5,926,094 $ 4,374,292 $ 10,300,386 $ 70,747,000 $ 70,747,000 $ $ 81,047,386 $ 73,703,830 0.0053 $ 390,630 $ 50,000 $ 340,630 2026 $ 6,163,138 $ 4,593,006 $ 10,756,144 $ 50,000,000 $ 124,284,350 $ $ 135,040,494 $ 127,696,938 0.0053 $ 676,794 $ 50,000 $ 626,794 2027 $ 6,409,663 $ 4,822,656 $ 11,232,320 $ 54,990,000 $ 185,488,568 $ $ 196,720,887 $ 189,377,331 0.0053 $ 1,003,700 $ 50,000 $ 953,700 2028 $ 6,666,050 $ 5,063,789 $ 11,729,839 $ 25,000,000 $ 219,762,996 $ $ 231,492,835 $ 224,149,279 0.0053 $ 1,187,991 $ 50,000 $ 1,137,991 2029 $ 6,932,692 $ 5,316,979 $ 12,249,671 $ 25,000,000 $ 255,751,146 $ $ 268,000,816 $ 260,657,260 0.0053 $ 1,381,483 $ 50,000 $ 1,331,483 2030 $ 7,209,999 $ 5,582,828 $ 12,792,827 $ - $ 268,538,703 $ $ 281,331,530 $ 273,987,974 0.0053 $ 1,452,136 $ 50,000 $ 1,402,136 2031 $ 7,498,399 $ 5,861,969 $ 13,360,369 $ $ 281,965,638 $ $ 295,326,007 $ 287,982,451 0.0053 $ 1,526,307 $ 50,000 $ 1,476,307 2032 $ 7,798,335 $ 6,155,068 $ 13,953,403 $ $ 296,063,920 $ $ 310,017,323 $ 302,673,767 0.0053 $ 1,604,171 $ 50,000 $ 1,554,171 2033 $ 8,110,269 $ 6,462,821 $ 14,573,090 $ $ 310,867,116 $ $ 325,440,206 $ 318,096,650 0.0053 $ 1,685,912 $ 50,000 $ 1,635,912 2034 $ 8,434,680 $ 6,785,962 $ 15,220,642 $ $ 326,410,472 $ $ 341,631,113 $ 334,287,557 0.0053 $ 1,771,724 $ 50,000 $ 1,721,724 2035 $ 8,772,067 $ 7,125,260 $ 15,897,327 $ $ 342,730,995 $ $ 358,628,322 $ 351,284,766 0.0053 $ 1,861,809 $ 50,000 $ 1,811,809 2036 $ 9,122,949 $ 7,481,523 $ 16,604,472 $ $ 359,867,545 $ $ 376,472,018 $ 369,128,462 0.0053 $ 1,956,381 $ 50,000 $ 1,906,381 2037 $ 9,487,867 $ 7,855,599 $ 17,343,467 $ $ 377,860,922 $ $ 395,204,389 $ 387,860,833 0.0053 $ 2,055,662 $ 50,000 $ 2,005,662 2038 $ 9,867,382 $ 8,248,379 $ 18,115,761 $ $ 396,753,969 $ $ 414,869,730 $ 407,526,174 0.0053 $ 2,159,889 $ 50,000 $ 2,109,889 2039 $ 10,262,077 $ 8,660,798 $ 18,922,876 $ $ 416,591,667 $ $ 435,514,542 $ 428,170,986 0.0053 $ 2,269,306 $ 50,000 $ 2,219,306 2040 $ 10,672,561 $ 9,093,838 $ 19,766,399 $ $ 437,421,250 $ $ 457,187,649 $ 449,844,093 0.0053 $ 2,384,174 $ 50,000 $ 2,334,174 ELM AM $ 225,737,000 $ 25,389,904 $ 802,183 $ 24,587,721 Page 523 Item#16. ions: Values based on Ada County Assessor 2019 Data for original District properties(latest available)then 2020 values for Idaho Block expansion area Land values inflate at 8%per year for 5 years,then 4%for the remainder of the Plan term Improvement values inflate at 10%per year for 5 years then 5%for the remainder of the term Tax Rate reduced by 10%in consideration of impacts of HB389;anticipation of potential further modifications to the property tax system;and the further termination oft Idaho Block Annexed to original Union District in 2021 New construction values based upon developer's estimates Earliest C.O for private development projects will be in 2024 Residential units will not be owner occupied and thus not subject to the Homeowners Property Tax Exemption Residential units will all be market rate rental units 10%of annual Revenue Allocation yield will be paid to Meridian Development Corporation for administration-Capped at$50,000/year Balance of Revenue Allocation Yield will be available for capital investment and/or program expenses City of Meridian,subject to available funds pursuant to annual appropriations and budgeting,may provide$3,800,000 in 2025 to support development of a Community Center within the District. This does not represent a commitment by the City; rather is included to assess potentially available funds to support projects. Page 524 Item#16. Union District, as amended by the First Amendment, Cash Flow Analysis 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Beginning Balance $ $ 50,000 $ 50,000 $ 28,430 $ 10,597 $ 1,834 $ 42,464 $ 79,258 $ 132,958 $ 170,949 $ 152,432 Source of Funds Total Revenue Allocation $ $ - $ 3,430 $ 7,167 $ 11,237 $ 390,630 $ 676,794 $1,003,700 $1,187,991 $ 1,381,483 $ 1,452,136 MDC Inter-District Loan* $ 75,000 $ 25,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - City Community Center Contribution $3,800,000 Total annual Funds Available $ 75,000 $ 75,000 $ 53,430 $ 35,597 $ 21,834 $4,192,464 $ 719,258 $1,082,958 $1,320,949 $ 1,552,432 $ 1,604,568 Use of Funds District Operating Expenses $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 20,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Repay Inter-District Loan @ 5% $ - $ - $ - $ - $ - $ - $ 115,000 $ - $ - $ - $ - Program,Capital and Debt Service Expenses $ - $ - $ - $ - $4,100,000 $ 475,000 $ 900,000 $1,100,000 $ 1,350,000 $ 1,400,000 Total Use of Funds $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 20,000 $4,150,000 $ 640,000 $ 950,000 $1,150,000 $ 1,400,000 $ 1,450,000 Ending Balance $ 50,000 $ 50,000 $ 28,430 $ 10,597 $ 1,834 $ 42,464 $ 79,258 $ 132,958 $ 170,949 $ 152,432 $ 154,568 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Total Beginning Balance $ 154,568 $ 130,875 $ 135,046 $ 220,958 $ 142,682 $ 154,491 $ 160,872 $ 166,534 $ 176,423 $ 145,729 Source of Funds Total Revenue Allocation $ 1,526,307 $ 1,604,171 $ 1,685,912 $ 1,771,724 $1,861,809 $1,956,381 $2,055,662 $2,159,889 $2,269,306 $ 2,384,174 $25,389,903 MDC Inter-District Loan $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 100,000 City Community Center Contribution $ 3,800,000 Total Funds Available $ 1,680,875 $ 1,735,046 $ 1,820,958 $ 1,992,682 $2,004,491 $2,110,872 $2,216,534 $2,326,423 $2,445,729 $ 2,529,903 $29,289,903 Use of Funds District Operating Expenses $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 920,000 Repay Inter-district Loan @ 5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 115,000 Program,Capital and Debt Service Expenses $ 1,500,000 $ 1,550,000 $ 1,550,000 $ 1,800,000 $1,800,000 $1,900,000 $2,000,000 $2,100,000 $2,250,000 $ 2,324,000 $28,099,000 Total Use of Funds $ 1,550,000 $ 1,600,000 $ 1,600,000 $ 1,850,000 $1,850,000 $1,950,000 $2,050,000 $2,150,000 $2,300,000 $ 2,374,000 $29,134,000 Ending Balance $ 130,875 $ 135,046 $ 220,958 $ 142,682 $ 154,491 $ 160,872 $ 166,534 $ 176,423 $ 145,729 $ 155,903 Page 525 Item#16. Union District, as amended by the First Amendment, Cash Flow Analysis Assumigtions Initial District Start-up costs supported by MDC Inter-district Loan of$100,000 to be repaid at 5%Interest 10%of annual TIF yield dedicated to Meridian Development Corporation for District operating Expenses,capped at$50,000,Yr. Land Values will increase at an average of 8%annually for 5 years then at 4010 over the remaining life of the District Improvement Values will increase at an average of 10%annually for 5 years then at 5%over the remaining life of the District $28,124,000 available for District Program Expenses, Capital Investment and Debt Service* *Includes$3,800,000 City of Meridian contribution to Community Center;not a binding commitment Page 526 Item#16. Exhibit 4 Summary of Ordinance No. 4832-4104-2941, v. 1 Page 527 Item#16. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. §50-901(A) CITY OF MERIDIAN ORDINANCE NO. 21- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT, WHICH FIRST AMENDMENT SEEKS TO ANNEX CERTAIN PARCELS TO THE EXISTING UNION DISTRICT PROJECT AREA; WHICH FIRST AMENDMENT INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: It is hereby found and determined that: (a) The area to be added to the existing Union District Project Area as defined in the First Amendment is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the First Amendment are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The First Amendment conforms to the City of Meridian Comprehensive Plan as a whole. (e) The First Amendment gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed use components of the First Amendment and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents or businesses in the general vicinity of the urban renewal area covered by the First Amendment. (f) The First Amendment affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the First Amendment provides a feasible method for relocation obligations of any displaced families residing within the ORDINANCE SUMMARY - 1 Page 528 Item#16. Amended Project Area and there is not anticipated to be any activity by the Agency that would result in relocation. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the area added by the First Amendment, do not exceed ten percent(10%) of the assessed values of all the taxable property in the City. (i) The area to be added by the First Amendment does not exceed ten percent (10%) of the geographical area contained within the existing Union District Project Area, and the area to be added is contiguous to the existing Union District Project Area. 0) The First Amendment includes the requirements set forth in Idaho Code § 50-2905 with specificity. (k) The First Amendment is 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, zoning and planning changes (if any) land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (1) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operation requiring consent. (m) The portion of the Amended Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (n) The portion of the Amended Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. SECTION 2: The City Council finds that the area added by the First Amendment does not include open land, that the Agency may acquire land within the Amended Project Area, and that the Amended Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. SECTION 3: The City Council finds that one of the First Amendment objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing ORDINANCE SUMMARY - 2 Page 529 Item#16. opportunities in an area that does not now contain such opportunities, and the portion of the Amended Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The First Amendment, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the area added by the First Amendment overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv) for the area added by the First Amendment. SECTION 6: The City Council declares that nothing within the First Amendment is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the First Amendment. SECTION 7: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the First Amendment. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the area added, and a map indicating the boundaries of the area added. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area, as amended to include the additional area as defined in the First Amendment, the equalized assessed valuation of which the City Council hereby determines is likely to increase and/or continue to increase as a result of the initiation and completion of urban renewal projects pursuant to the First Amendment. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of ORDINANCE SUMMARY - 3 Page 530 Item#16. Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the First Amendment, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act, for the area added by the First Amendment, with the existing Union District Project Area maintaining its base assessment roll as of January 1, 2020. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. EXHIBITS TO THE ORDINANCE Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project with the City of Meridian's Comprehensive Plan Exhibit 2 Notice Published in the Idaho Press Exhibit 3 First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project ORDINANCE SUMMARY -4 Page 531 Item#16. Exhibit 4 Ordinance Summary SUMMARY OF THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT The First Amendment ("First Amendment") to the Urban Renewal Plan for the Union District Urban Renewal Project("Plan") was prepared by the Urban Renewal Agency of the City of Meridian aka the Meridian Development Corporation("MDC" or the "Agency")pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), and all applicable laws and ordinances and was approved by the Agency. The First Amendment amends the Plan and the existing Project Area to add approximately 1.46 acres of land(including rights-of-way) adjacent and contiguous to the northwestern boundary of the existing Project Area. The First Amendment proposes that the Agency undertake urban renewal projects, including identifying public facilities for funding pursuant to the Law and the Act. The First Amendment contains a revenue allocation financing provision pursuant to the Act, that for the area added will cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assessment roll as of January 1, 2021, to be allocated to the Agency for urban renewal purposes. The boundary of the additional area includes both urban renewal and revenue allocation areas. The existing Project Area contains a previously adopted revenue allocation financing provision pursuant to the Act that will continue to cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assessment roll as of January 1, 2020, to be allocated to the Agency for urban renewal purposes. The First Amendment does not extend the Plan's duration. The Plan terminates on December 31, 2040; however, revenue allocation proceeds will be received in 2041 pursuant to Idaho Code Section 50-2905(7). The general scope and objectives of the First Amendment area are limited to addressing the annexation of the additional area into the existing Project Area, recognizing certain portions of the Economic Feasibility Study may be restated to the extent additional information is available related to the timing of projects impacting revenue generation and project funding in the expansion area: The First Amendment proposes improvements to the Amended Project Area generally including streets, utilities, and other public rights-of-way amenities as well as construction and/or improvements to parks,plazas and open space, a community center, facade improvements,public parking (structured and surface parking),property acquisition to support development and/or redevelopment goals,planning studies and brownfield and/or environmental clean-up. Any such land uses as described in the First Amendment will be in conformance with zoning for the City and the City's Comprehensive Plan, as amended. Land made available will be developed by private enterprises or public agencies as authorized by law. The First Amendment identifies ORDINANCE SUMMARY - 5 Page 532 Item#16. various public and private improvements which may be made within the Amended Project Area. The area added to the existing Union District Project Area and Revenue Allocation Area by the First Amendment is generally described as follows: An area consisting of approximately 1.46 acres (including rights-of-way) of land contiguous to the northwestern boundary of the Union District Project Area and generally bounded by E. Idaho Avenue on the north,NE 2nd Street on the east, a portion of Broadway Avenue on the south, and E. Main Street on the west, an area referred to as the"Idaho Block" and as more particularly described in the First Amendment and depicted in the Map below: ORDINANCE SUMMARY - 6 Page 533 Item#16. EXHIBIT 8 SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FDR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE NW 114 OF THE SW 114 OF SECTION 7, TOWNSHIP .3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO POINT- OF F A2480 AVENUE BEGINNING 5495 OF Ln4MING 5 88'4359" £ 380.03, 40.00' o 40.00' 0 0 v h + w 4 � ❑ u7 Q a Q� 41 d a 8' 9" W 6 60.D2' 3190) 720,05' 2 r"33 - I4 oti I w a f q oa' 40 I N &T44 b�" W 90,05 t O 380 15 E 9RCb4MY AYE WC — LEGEND URD 90UNLWRY ayAAL A ly SG LIRD AREA ° 187 4 c CIVIL SURVEY CONSULTANTS, INC. r . 2893 SOUTH MERIDIAN ROAD T£ F ,qt � MERIDIAN, IDAHO83642 64 KG() (208)8884312 srAr✓_ I"=sa' Section 100 is amended to update references to the Plan Attachments, the procedural history and history of the area added by the First Amendment. ORDINANCE SUMMARY - 7 Page 534 Item#16. Section 200 is amended to update references to the Amended Project Area maps and legal descriptions. Sections 300 is amended to update the proposed redevelopment actions. The First Amendment also updates the revenue allocation financing provisions in Section 500. Among other sources, the First Amendment will utilize revenue allocation financing as authorized by the Act. Increases in assessed valuation of real and personal property in the area added by the First Amendment that occur after January 1, 2021, and for the existing Project Area that occur after January 1, 2020, will generate revenue for the Agency to pay project costs. The assessed valuation of real and personal property on the base assessment roll is still available for use by the other taxing districts, Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, Western Ada Recreation District to finance their operations. The First Amendment authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations to pay debt service, as well as developer/owner participation agreements and revenue allocation proceeds. Attachment 5 is supplemented to include the financial analysis related to the 2021 annexation and describes in detail the cost and financing methods for complete repayment of any debt incurred used to finance projects and to also fund the additional described activities for the area added by the First Amendment. The First Amendment follows the underlying zoning classifications of the City. The First Amendment does not extend the duration of the existing Plan and Project Area, which will terminate on December 31, 2040, except for any revenue allocation proceeds received in calendar year 2041, as contemplated by Idaho Code § 50-2905(7). ATTACHMENTS TO THE FIRST AMENDMENT Attachment IA Boundary Map of the Additional Area Attachment 2A Legal Description of the Boundary of the Additional Area Attachment 4A Map Depicting Expected Land Uses and Current Zoning Within the Area Added by the First Amendment Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act. ORDINANCE SUMMARY - 8 Page 535 Item#16. Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the area added, and a map indicating the boundaries of the area added. A full text of this ordinance and the First Amendment are available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: 11/16/2021; Second Reading and Public Hearing: 11/23/2021; Third Reading: 12/7/2021 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 2 1- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of December, 2021. William. L.M. Nary, City Attorney 4847-3467-3917,v. 1 ORDINANCE SUMMARY - 9 Page 536