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Home My WebLink About2002-12-03 CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, December 3, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X. X Tammy de Weerd X Cherie M..QCandless X U Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: t~vvz- 3. Consent Agenda: A. Approve minutes of November 6,2002 Pre-Council Meeting: tifPfrov.- B. Approve minutes of November 19, 2002 City Council Regular Meeting: a-ppr~v~ C. Tabled from November 19, 2002: Findings of Fact and Conclusions of law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: h6k ~ Mv17~ D. Tabled from November 19, 2002: Findings of Fact and Conclusions of law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of -North Linder Road: h!re-e- trA47l I).ec. 17 '2- E. Tabled from November 19, 2002: Findings of Fact and Conclusions of law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: fa6-&.~.M MfZ-/1 ~ Meridian City Council Agenda ~ Dccember 3, 2002 Page I of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Order Granting Appeal: AP 01-002 Stop Work Order at 2340 West Franklin Road by Walt Morrow: "?proVlR- G. Findings of Fact and Conclusions of Law for Approval: MI 02- 010 Request for a private road by R.T. Nahas -- southeast corner of South Progress Avenue and South Industry Way: ~,PJlVOv..e- H. Findings of Fact and Conclusions of Law for Approval: AZ 02- 025 Request for annexation and zoning of 6,24 acres from RUT to C-N zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: a;;;prov.e I. Findings of Fact and Conclusions of Law for Denial: CUP 02- 029 Request for a Conditional Use Permit for a child care facility for 12-24 children in an R-15 zone for Joni R. West by Joni R. West - 923 East 4th Street: a.ccel't-lef'~ofwl?-ka'Law-L J. Approve Request for Sewer and Water Extension on Locust Grove by Joint School District No. 2: ~f/'.R- K. Approve Bills: ajJjJYov&!/ 4. Department Reports: A. Meridian Police Department - Chief Worley: 1. C~ime Statistics Report !or September 2002:-j'rfJt!k7...t:V 13", Ri--a. 'Ae(l~e-n;;:C - CAle? ~ow.e~ ~ (Items Moved from Consent Agenda) /. ttpda-fe oJ'l..-l1i~~fht.h}n-.... pie.. O'?'--'f ? tV:lfvV /(/, It?cu.ff- Glruve,. - fO?J.Cf' €<=L Ordinance No. tJ 2- - t:1[:/ .(; 0/'87: Adopting the Meridian Development Corporation's Meridian Revitalization Plan: ~/<JV'.e.- Ordinance No. 0 Z - q Z 7- 18B : pz. 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-8 zones for proposed Sundance Place Subdivision by G.L. Voigt Development - east of North Meridian Road and north of East Ustick Road: c~p vZ Ordinance No. t) 2- -.t( 8 8 q B fl pz. 02-021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for proposed Tullv Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: appro ~ 5. 6. 7. 8. Meridian City Council Agenda - December 3,2002 Page 2 of3 All materials presented at public meetings shall become property ofthe City of Meridian, Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. 10. 11. 12. 13. Continued Public Hearing from November 19, 2002: RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-Q zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: d~Jf-1-o ~fJaA.L .;:/,cle/~:/irL o/pa;Va-L Continued Public Hearing from November 19, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-Q zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: /:'/'? t /-e k dAf),Qn~ a/7-th;...e'1 f17 /l re /NZr..e, 'rII C rr Public Hearing: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street: r/j:."; I--e.. J2 ~ tll-/wr~jI /0 ;.rre;9#~ T"I-I l" e rn---~PV'ZJv; Public Hearing: PP 02-020 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 6.503 acres in an R-4 zone for Salmon Rapids No.5 by Farwest, LLC - north of East Victory Road and west of South Locust Grove Road: /'/f -I 1/7.r~ ~') ~ ?tr~.'1 Iv fJY<€f'~ -rf, a.. -\. iP t-- at r' v v. Public Hearing: ~ 02-004 Request for a Rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: ~ I a--;-~1- 1-0 jJWlfJ t'~ -f1 f q c -e hn "i~ v~ Meridian City Council Agenda - December 3, 2002 Page 3 on All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related 10 documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting, ** TX CONF[h. ,,[ON REPORT ** i AS OF DEC 04 '132 139:5L 'AGE. 131 CITY OF MERID[AN 133 134 135 06 137 ea 139 10 11 12 13 14 15 16 17 18 19 213 21 22 DATE TIME TO/FROM 12/134 139:22 381131613 12/134 139:24 PUBLIC WORKS 12/84 89:25 21384664405 12/04 09: 27 8841159 12/134 139:29 2essa413744 12/134 139'313 2088467366 12/134 139'32 2138 898 55131 12/134 139'33 LlBRARY 12/134 139'35 92083776449 12/134 139'37 208 368 6924 12/134 139: 39 2088886854 12/134 139:413 89503913 12/134 139:42 Laurel 12/134 139:43 2138 387 6393 12/84 139'45 ADA CTY DEUELMT 12/04 89'47 CHERRY LANE 12/134 139'49 POST OFFICE 12/134 139'51 2138 888 1983 12/134 139'53 [0 PRESS TRI8UNE 12/04 09:55 208 888 67130 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK MODE EC--S UF--S EC--S EC--S 8C--S 8C--5 EC--S EC--S 8C--S EC--S EC--S EC--S EC--5 EC--S G3--S 8C--S 8C--S G3--S EC--S 8C--S MlN/SEC PGS 131' 413" 13133 013'49" 1303 01'01" 8133 131' 01" 13133 131'00" 13133 01'131" 13133 01 '00" 13133 131'20" 13133 01 '131" 1303 131' 19" e03 01 '1313" 13133 00'59" 1303 01 '131" 8133 01'01" 003 01'47" 13133 01'20" 13133 01'46" 0133 01' 20" 1303 01 'e1" ee3 01 ' 00" 13133 CMOIt 219 219 219 219 219 219 219 219 219 219 219 219 219 219 219 219 219 219 219 219 -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 3, 2002 at 7:00 p,m, City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd -X- Bill Nary =x= Cherie McCandless -X- Keith Bird -.SL... Mayor Robert Corrie 2, Adoption of the Agenda: ~""'- 3. Consent Agenda: A. Approve minutes of November 6, 2002 Pre-Council Meeting: f&l'ft'l"V..... B. Approve minutes of November 19, 2002 City Council Regular Meeting: iLJ7l*-ttw.- C. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: AZ. 02.010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: i?J..6.€e. ~ ~~ /7 t'l:.. D. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of-l'Jorth Linder Road: -hUe. ~l ~c. 1711- E. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02.012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chioden Boulevard and west of North Linder Road: -la-B&.- u--Hl .d.ep.11!!.. Meridi-in CilyCc;.l,H"I{ljl Agmda-D(-i:'m1bIif'"3, 1002 :PAgCl ~ cf3 AU mI:Ilcrinhil Pf=Ia'T1i::dll.t puhlie mUlinf!.' :shall bOCOlnll'PfOpmy ofc.he Cio/ ofMotidi:tn. Anyon; do;tirine ll.C:CI),IUutO&ti-on lor di:SJ.bHilid rdatcd to dccumtJDS ~d'ot b<3ring: pJa,u:c L'(lnJ.a.el. the City CJ~._ Offic:o a1 fl:88..4~! 3.t ~elUt48 hours prior 10 the pu'bJi.c !meting. Item Packet Pickup MEETING DATE: ~cvvvtV:wl 3 ( 2002- CJ~ tOi0tc:J December 13, 2002 MERIDIAN CITY COUNCIL MEETING December 17, 2002 ITEM NO. ~~B APPLICANT REQUEST Approve minutes of December 3, 2002 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: hlDvJU tur fV Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 3, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of November 6, 2002 Pre-Council Meeting: Approve B. Approve minutes of November 19, 2002 City Council Regular Meeting: Approve C. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Table to December 17,2002 D. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: Table to December 17, 2002 E. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Meridian City Council Agenda - December 3, 2002 Page 1 00 All materials presented at public meetings shall become property oflhe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Table to December 17, 2002 F. Order Granting Appeal: AP 01-002 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Approve G. Findings of Fact and Conclusions of Law for Approval: M102- 010 Request for a private road by R.T. Nahas -- southeast corner of South Progress Avenue and South Industry Way: Approve H. Findings of Fact and Conclusions of Law for Approval: AZ 02- 025 Request for annexation and zoning of 6.24 acres from RUT to C-N zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: Approve I. Findings of Fact and Conclusions of Law for Denial: CUP 02- 029 Request for a Conditional Use Permit for a child care facility for 12-24 children in an R-15 zone for Joni R. West by Joni R West - 923 East 4th Street: Accept Letter of Withdrawal J. Approve Request for Sewer and Water Extension on Locust Grove by Joint School District No.2: Approve K. Approve Bills: Approve 4. Department Reports: A. Meridian Police Department - Chief Worley: 1. Crime Statistics Report for September 2002: Presented B. Fire Department - Chief Bowers: 1. Update on fire station site on North Locust Grove -- Presented 5. (Items Moved from Consent Agenda) - None 6. Ordinance No. 02-987 Adopting the Meridian Development Corporation's Meridian Revitalization Plan: Approve 7. Ordinance No. 02-988 AZ 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-8 zones for proposed Sundance Place Subdivision by G.L. Voigt Development - east of North Meridian Road and north of East Ustick Road: Approve Meridian City Council Agenda - December 3, 2002 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at &8&-4433 at least 48 hours prior to the public meeting. 8. Ordinance No. 02-989 AZ 02-021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for proposed Tullv Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: Approve 9. Continued Public Hearing from November 19, 2002: RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 10. Continued Public Hearing from November 19, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: PP 02-020 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 6.503 acres in an R-4 zone for Salmon Rapids No.5 by Farwest, LLC - north of East Victory Road and west of South Locust Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: RZ 02-004 Request for a Rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - December 3. 2002 Page 3 DO All materials presented at publie meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council MeetinQ December 3, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:02 P,M., on Tuesday, December 3, 2002, by Council President Tammy de Weerd. Members Present: William Nary, Tammy de Weerd, Keith Bird, and Cherie McCandless. Members Absent: Mayor Robert Corrie. Others Present: Terrence White, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Gary Smith, Mike Worley, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird De Weerd: I'll go ahead and call this meeting to order. Tonight is Tuesday, December 3rd. We will start at 7:02. We'd like to welcome you all here this evening and, in particular, a special welcome to Troop 130. It's nice to have you boys here and I hope you can stay awake through the process, but it is exciting. City government is an exciting place to be so welcome. I will go ahead and ask the City Clerk to call roll. Item 2. Adoption of the Agenda: De Weerd: Okay Item Number 2, Adoption of the Agenda. Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we adopt the agenda, with an addition of under Department Reports, Item B, which would be a Fire Department report by Chief Kenny Bowers and with that addition, I would move that we adopt the agenda as published. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda with a change adding the Meridian Fire Department report under Item Number 4 as 4-8. Is there any further discussion? All those in favor say aye, All ayes. Motion carried. MOTION CARRI ED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of November 6,2002 Pre-Council Meeting: Meridian City Council December 3, 2002 Page 2 of 37 B. Approve minutes of November 19, 2002 City Council Regular Meeting: C. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: D. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: E. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: F. Order Granting Appeal: AP 01-002 Stop Work Order at 2340 West Franklin Road by Walt Morrow: G. Findings of Fact and Conclusions of Law for Approval: MI 02- 010 Request for a private road by R.T. Nahas -- southeast corner of South Progress Avenue and South Industry Way: H. Findings of Fact and Conclusions of Law for Approval: AZ 02- 025 Request for annexation and zoning of 6.24 acres from RUT to C-N zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: I. Findings of Fact and Conclusions of Law for Denial: CUP 02- 029 Request for a Conditional Use Permit for a child care facility for 12-24 children in an R-15 zone for Joni R. West by Joni R. West - 923 East 4th Street: J. Approve Request for Sewer and Water Extension on Locust Grove by Joint School District No.2: K. Approve Bills: De Weerd: Item Number 3, Consent Agenda. Meridian City Council December 3,2002 Page 3 of 37 Bird: Madam President? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Items C, D, and E, I would move that we table them to December 17, 2002. With that, I move that we approve the rest of the Consent Agenda and for the Council President to sign and the Clerk to attest on papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as amended any further discussion? Mr. Clerk, roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Meridian Police Department - Chief Worley: 1. Crime Statistics Report for September 2002: De Weerd: Okay Item Number 4, Department Reports. Meridian Police Department, Chief Worley, Worley: Thank you, Madam President, Members of the Council. You have at your positions there a one-page report that has been issued by the Idaho State Police Department statistics on crime in Meridian through September of 2002. As we go through this, I would caution that these are preliminary numbers and may be subject to change as additional reports come in, but they wil] be pretty close. [won't go over every bit of this thing, but I would highlight that Meridian continues to be a very safe place to live. Total violent crime, which includes murder, rape, robbery, and aggravated assault, is down 35.9 percent and to put that in a little bit of perspective for the audience, the total numbers of crimes that we had in those four categories in the first nine months of this year total 25, as compared to 39 last year. That's a very low number for a city this size. As we reported before, property crime continues to be a problem in Meridian. The only significant crime category that is up is the theft category and it's gone up almost 18 percent compared to the first nine months of 2001. Overall, property crime is up from 814 incidents, the first nine months of 2001 to 921 incidents in 2002, for an 11,8 percent increase. The total major crime, al] eight categories, is up just a bit under 11 percent. Our goal in the Strategic Plan was five. Obviously, we are not reaching that yet, but with some of the things that Council has given us as far as staffing, I think we will have a chance to approach that. The other significant issue from this particular report is the clearance rate, that's the cases that are actually solved by arrest or by other identification of the perpetrator, and that has gone up from 16.2 percent last year to 38 percent so far this year and very much attributable to the additional investigative staff Meridian City Council December 3, 2002 Page 4 of 37 that we have. Two other numbers that I would point out that aren't on that report. An issue in any city is vandalism and Meridian is no different in that. Vandalism in the first nine months has remained virtually flat, 224 incidents last year to 222 the first nine months of this year, and the outstanding one that I would attribute to just some good active work in the community by many groups, narcotics violations is down 11.8 percent. With that, I'll stand for any questions. De Weerd: Chief, I just want to express our gratitude in your leadership. I think your department has come a long way under the first year of your tenure and these numbers are really reflecting that. I know the article that just came out in the paper this Sunday on the start of the remodel on your old police station for the Boys and Girls Club. I think we will see a significant impact in these numbers as well for next year and appreciate the offer of the Police Department to now prevent crime with our youth offenders. It really gives them a nice, safe place to go and a positive -- positive role models and so we continue to look fOlWard to your pro-active approach and see that it, indeed, makes a difference so thank you. Worley: Thank you, Madam President. It is always better to address the issue up front than trying to catch people after the fact. De Weerd: Council, any comments? Bird: Just echo yours. Nary: I concur. B. Meridian Fire Department - Kenny Bowers. 1. Fire Station No.3 Report. De Weerd: Thank you, Chief. Chief Bowers. I asked the Chief to update Council. We had an issue come up with Fire Station No.3. The Rural Commission has been briefed and Kenny and his staff have been working to try and address this issue. With that, I will just go ahead and ask Kenny to give us an update. Bowers: Thank you. Acting Mayor, City Council Members, a year ago we purchased a piece of property on Locust Grove, 3500th block, in that area. At that time we thought that we had purchased a little under an acre of land. ZGA, Tom Zabala, and Danny Little, came to our Rural Commissioners Meeting late November to tell us that we only have .7 of an acre. What had happened was the 186 feet deep of the property went out to the middle of the highway at Locust Grove. We still thought we were okay, because we had bought title insurance, the whole works on it so we are trying to track down the title insurance at this time. We still thought we were okay, because Ada County Highway District told us they thought they would only take 70 feet from the -- 70 some feet from the middle of the road. The last time we had talked to them, they want 90 some feet. At this time, we have got a couple three different options on that piece of property. Option Number 1 would be to possibly buy 30 more feet from the property owner to the west of the fire station. Option 2 would be to get an easement from the property owners to the west and use their driveway into the back portion of our property. Meridian City Council December 3, 2002 Page 5 of 37 Or a third option would be to turn the fire station instead of running east and west it would go north and south. I have talked to the lady that owns the property behind the fire station. At that time she did not have a problem with selling land or creating an easement for the driveway, but she still had to talk to her husband and she has not got back with me on her information yet of which way she would like for us to go. This is just kind of an FYI for the City Council to let you guys know where we are. We are working on this every day to try to come up with a solution for this. As you know, we were going to try to break ground April, March, somewhere around in that area after the wintertime so this might delay us just a little bit. Talking to ZGA, they didn't think that this delay us any if we could get hopping and get the property either purchased or an easement for the driveway. The driveway is on the south side of our property. It's 50 feet wide. It's between the church and our property so sometime in the future that road will probably be developed into a road going back to all that property behind when they sell it. There are several acres back there, so when they develop it that will probably be a way into that subdivision. Possibly, at that time, we might have to -- or we might have to wait and use the main road as our back way into our bays. The third option I was telling you about turning in the station is we would pull into our property off of Locust Grove and be able to still turn our truck around and back it into the bays, so we wouldn't be backing off of Locust Grove or we wouldn't be causing any problems with Locust Grove. Also, the Sanitary Service would be able to come in, turn around, and head back out forward, instead of backing out onto Locust Grove. Are there any questions? Bird: Madam President? De Weerd: Mr. Bird. Bird: Kenny, if I recall, our Number 2 station is on a half acre, and we go around back on it. Is this one not as deep north and south? Haven't we always planned on running out -- running the building north and south and coming out from the east onto Locust Grove? Bowers: We thought we could get away with it the other way. If we had 186 feet, we would be able to do it the correct way, but with Ada County taking, you know, that property in front when they widen that to three or five lanes, whatever it's phased for in the years, that we would have to turn the building. I think we will still be able to do it by turning the station. Bird: What was the idea of turning the station the other way where you come out the south end onto that -- if you're coming out the south end, you're coming onto that little gravel road and then out to Locust Grove. Bowers: Acting Mayor and City Council Members, the first plan that we had, we would have two entrances and exits off of Locust Grove into our property. We would still be able to do a horseshoe. Now with the property the way it's so short, we are going to have to shove the building all the way back to the west and we would run into a problem with parking on both sides. Bird: What if -- you're talking about the depth east and west. What is the north and south distance? How many feet is that? Meridian City Council December 3, 2002 Page 6 of 37 Bowers: 220 feet. Bird: And is the building basically a model of what we have got at Ten Mile? Bowers: Yes, it is just possibly a little longer bay. Bird: A little deeper? Bowers: Yes. De Weerd: And, Keith, we need to keep in mind that we have a 30-foot landscape buffer in the front and 20 feet in the back and 20 feet on the side so that eats up a lot of the space. Bowers: Acting Mayor and City Council Members, the Planning and Zoning, Brad and his staff, have helped us out tremendously on that. They have gave a little bit on the back, but they had us put more on the front or sides -- I don't know quite how it was, but they helped us out a lot on the landscaping. I will keep you guys informed of where we are headed, what we are doing, and let you guys know. De Weerd: And when will you get a further update from the Rural Commission and the architect? Bowers: Acting Mayor and City Council Members, I am going to go out possibly tomorrow and talk with the lady to see if she has talked to her husband to decide which way we could do. As soon we can figure that out, then we would come to you guys, ZGA, and the Rural Commissioners and have a plan of which way we are going to go. I would hope within the next couple weeks. De Weerd: Okay and will that delay the construction or will we still pretty much stay on target? Bowers: Acting Mayor and City Council Members, Tom Zabala from ZGA thought that we could still be on our deadlines for building the station. De Weerd: Okay any other questions? Thank you. Item 5. (Items Moved from Consent Agenda) De Weerd: There were no items moved into Item Number 6. Item 6. Ordinance No. Adopting the Meridian Development Corporation's Meridian Revitalization Plan: De Weerd: So Item Number 6, Ordinance Number 02-987, adopting the Meridian Development Corporation's Meridian Revitalization Plan. Mr. Clerk, if you will read Ordinance Number 02-987 by title only. Meridian City Council December 3, 2002 Page 7 of 37 Berg: Thank you, Madam President, Members of the Council. Ordinance Number 02- 987, an Ordinance of the City Council of the City of Meridian approving the Meridian Revitalization Plan, 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, approving the summary of the ordinance and providing an effective date. De Weerd: Okay. You have heard the reading of Ordinance Number 02-987 by ~itle only. Is there anyone in the audience who would like to have it read in its entirety? Okay. Seeing none, we will go ahead and entertain a motion. Nary: Madam President? De Weerd: Mr. Nary. Nary: I had a question before that. We have a document from Mr. Nichols dated December 2nd, but there is no summary attached, There is just a cover sheet, and it is in the title that we approve the summary and the State Code requires us to approve the summary, but there isn't one. Unless we have one, I guess [ would concur that we delete that line and when we receive the summary, we can pass that by resolution, but we don't want to print this whole ordinance. We can't approve the summary that we don't have. I don't know if Mr. White has -- do you have -- De Weerd: Mr. Berg, you need to speak into your microphone. Berg: Madam President, Councilman Nary, I do have a summary that is attached to my Exhibit 4, which is 13 pages, plus a map, which apparently, then, that may not have gotten attached to your copies, since we received this late today. But-- Nary: So this is 13 pages? The ordinance is only nine. De Weerd: That's a summary. Nary: I mean I know lawyers are kind of wordy, but [ have a hard time thinking that that's the summary, Bird: You guys get paid by the page, don't you? Nary: Must be. De Weerd: Mr, White, what is the process, then, for that? We do have a summary that Council does not have in front of it. Oh, that is the exhibit, the 13 pages? Nary: Yes. White: I think the answer to your question is it's really the Council's pleasure. The City Clerk, in fact, has the summary on his copy of the ordinance and if the Council is comfortable in passing the ordinance, ['m sure that's appropriate. On the other hand, if you'd like the time to review the summary, that's, obviously, appropriate also. I don't Meridian City Council December 3, 2002 Page 8 of 37 have a problem legally by proceeding to pass it with the summary, because the Clerk has it. De Weerd: Okay. Council, what is your preference? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would prefer to go ahead and pass it. I think Mr. Nary is looking the summary over. Summaries have always been a very good report, so I would have no problem with, if the other Council Members -- Nary: And Madam President? De Weerd: Mr. Nary. Nary: In looking at the summary, I think as Mr. Berg said, it does include all of the -- all of the land that's part of the revitalization area and so that's part of why the length of this summary -- it does appear that the summary of the ordinance itself is really only about three pages long. I think that's probably adequate and looking at it, I think Mr. Bird is correct, that there is certainly adequate information here, we just didn't have it in our packet that we received. I think it's fine so we can go ahead. De Weerd: Well -- and time is the essence of this ordinance. I would entertain a motion, then, Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move that we approve Ordinance Number 02-987, Adopting the Meridian Development Corporation's Meridian Revitalization Plan and Summary of the Ordinance and for the Madam President to sign and the Clerk to attest to the ordinance and the summary. McCandless: Second. Nary: With suspension of rules, pursuant to Idaho Code. Sorry. McCandless: Second. De Weerd: Okay. We have a motion to approve Ordinance 02-987, adopting the Meridian Development Corporation's Meridian Revitalization Plan, with the suspension of rules. Any further discussion? All those in favor say aye. Oh, I'm sorry roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. Meridian City Council December 3, 2002 Page 9 of 37 MOTION CARRIED: ALL AYES Item 7. Ordinance No. AZ. 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-8 zones for proposed Sundance Place Subdivision by G.L. Voigt Development - east of North Meridian Road and north of East Ustick Road: De Weerd: Okay Item Number 7 Ordinance Number 02-988, request for annexation and zoning of 42.72 acres from RUT to R-8 zones for the proposed Sundance Place Subdivision. Mr. Clerk, will you read this ordinance by title only. Berg: Thank you, Madam President and Members of the Council. Ordinance Number 02-988, an ordinance finding that certain land to be known as Sundance Place Subdivision, located on the east side of Meridian Road, one half mile north of Ustick Road, and which lies contiguous and adjacent to the limits of the City of Meridian, County of Ada, State of Idaho. Finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description and described below, be a part of the City of Meridian, County of Ada, State of Idaho, and repealing all ordinances, resolutions, orders or parts thereof in conflict herewith, and directing that city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50- 223 and Section 63-2215. De Weerd: Thank you. You have heard the reading of Ordinance 02-988 by title only. Is there anyone in the audience who would like it read in its entirety? Okay. Hearing none, any discussion? Okay. I would entertain a motion on Ordinance 02-988. Bird: Madam President? De Weerd: Mr. Bird, Bird: I would move that we approve Ordinance Number 02-988, request for annexation and zoning of 42.72 acres from RUT to R-8 zones for the proposed Sundance Place Subdivision by G.L. Voigt Development, with the suspension of rules, and for the President to sign and the Clerk to attest. Nary: Second. De Weerd: Okay. Motion to approve Ordinance 02-988. Any further discussion? Mr. Clerk, roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. Meridian City Council December 3, 2002 Page 10 of 37 MOTION CARRIED: ALL AYES Item 8. Ordinance No. AZ 02-021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for proposed Tullv Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: De Weerd: Item Number 8, Ordinance Number 02-989, Request for annexation and zoning of 5.26 acres and rezone of 2.4 acres from RUT and R-4 zones to R-8 zone for the proposed Tully Cove Subdivision. Mr. Clerk, will you read Ordinance 02-989 by title only? Berg: Thank you, Madam President, and Members of the Council. Ordinance Number 02-989, an ordinance finding that certain land to be known as Tully Cove Subdivision, located west of North Linder Road, approximately one half mile north of Cherry Lane, and which lies contiguous and adjacent to the limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Robert and Linda Rainford has made a request for annexation and a request for rezoning in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential (R-8) and declaring that said land, by proper legal description and described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215 and the rezoning of a separate parcel from R-4 to R-8. De Weerd: Thank you, Mr. Clerk. You have heard the reading of the 02-989 by title only. Is there anyone in the audience who would like it read in its entirety? Okay. Hearing none, Council, any discussion? Comments? I would entertain a motion. McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I would move that we approve the Ordinance Number 02-989, request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT to R-4 zones to R-8 zones for the proposed Tully Cove Subdivision, west of North Linder Road and south of West Ustick Road and for the Mayor to sign and the Clerk to attest, with suspension of rules. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance Number 02- 989, with suspension of rules. Any further discussion? Okay. Mr. Clerk, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Meridian City Council December 3, 2002 Page 11 of 37 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 9. Continued Public Hearing from November 19, 2002: RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Chenv Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Item 10. Continued Public Hearing from November 19, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: De Weerd: Okay. Item 9 is a Continued Public Hearing from November 19th, request for a rezone of four acres from R-4 to L-O zones for Cherry Lane Christian Church. With Council's permission, I'd like to also open Number 10 for the request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade also for the Cherry Lane Christian Church. Bird: Fine with me. De Weerd: Okay. Staff, we will start with you. Hawkins-Clark: Thank you, Madam Chair, Members of the Council. Item Number 9, the rezone request I will just touch on first and then go to Item Number 10 on the Conditional Use Permit. Before I go into it, though, I would point out that you have received a letter from Mr. Larry Woodard of the Cherry Lane Christian Church, dated November 26th, that you should have in your packets. That does request a modification to their plan, which I will go over a couple of the changes, how that impacts their site plan when I get to Number 10. De Weerd: Brad, before you continue, Mr. Clerk, did you receive a copy of that? Hawkins-Clark: The Plannin~ and Zoning Department shows it stamped from the Clerk's Office on November 27 . De Weerd: Okay. Hawkins-Clark: Great. Thanks. The property is approximately four acres and it is as shown in bold here on the screen. It's on the south side of Cherry Lane. They have an address of 2511 West Cherry Lane. The current zone of the church is R-4. Churches are not an allowed use in the R-4 zone. They, obviously, have grandfathered rights, so they have been allowed to continue to operate. They are looking to expand their operation at this point in time, so that was some of what drove the request to rezone the property. They are proposing to rezone it to L-O, Limited Office. This would help to clean up the zoning situation, as well as help avoid any further requirement for permits. Meridian City Council December 3,2002 Page 12 of 37 The project is surrounded by Sunnybrook Farms Subdivision on the north side of Cherry and Haven Cove Subdivision is on the south and west. The Vineyards Subdivision is on the east side there of Nine Mile Creek, which does run here north and south immediately east of their property. The Planning and Zoning Commission have made a recommendation of approval for the rezone request and you should have that recommendation in front of you. I don't believe there are any changes to that recommendation or to staff comments. On the screen is an aerial photo showing the existing site conditions. They do have two points of access off of Cherry into their site. They have a landscaped area in front of the church. Parking all the way around and, then, again, here is the Nine Mile Creek, Nampa-Meridian Irrigation District easement there. On the Conditional Use Permit request, the reason for the Conditional Use is they are looking to add a preschool and a future private school. The existing classrooms that are within the facility would be used for the preschool and private school use, They are also looking to add an enclosed tot lot addition and two lobby expansions, as well as an expansion of their -- of their library and those expansions are kind of pointed out. Obviously, you can't read it, but they are -- again, here is the building and the expansions are highlighted in the darker areas there. The request from Mr. Woodard deals with this eastern part of the project. Originally, they had proposed to expand their parking lot by tiling the Nine Mile Creek and through the course of several negotiations -- and I'm sure the applicant can go into it further if they'd like, but they have run into some difficulties dealing with primarily the Corps of Engineers on cleaning that up. What they have proposed is to essentially maintain this Nine Mile Creek as it currently is on site, so the Site Plan would, essentially, be modified and just come straight down this eastern boundary there. That would -- that would require a revised plan to be submitted to us, should you choose to move on this tonight, so that we could essentially just review a new plan. We really don't see any dramatic changes, since they are just eliminating that eastern parking area. As far as the recommendation from Planning and Zoning Commission that you received, because of the modification, there are several changes that if you choose to move on this tonight, the recommendation would not be accurate. Item Number 1 on Page 2 would just be omitted entirely, since that deals with the parking lot expansion. Item Number 2 is the existing parking lot and the City's Landscape Ordinance does require when there are modifications to non- conforming uses, which in this case, the parking lot is non-conforming to our Landscape Ordinance. To be honest with you, I think that the minutes were a little bit confusing. I believe that the motion from Commissioner Centers at the Commission Meeting was to delete that item as well, although, the recommendation still shows it in there. I would like to get some clarification, possibly from the Attorney's Office who drew the recommendation up and/or from the applicant on that, but I do believe that Item Number 2 was deleted by Commissioner Centers. Item Number 6 deals with the future private school that they are proposing as a part of this permit. Item Option B is still shown there and that should be omitted as well. The Commission is recommending that they obtain a Conditional Use Permit when they want to expand the private elementary school in the future. Essentially, they are restricted to 56 students at this point and just a preschool. So should they choose to go to kindergarten, first grade, second grade, et cetera, in the future, a Conditional Use Permit would be required at that time? That was what the Commission recommended. That's option A so option B would go away. Then the last change that would be affected by changing this site plan would be Number 7, the very last paragraph, which is on the top of Page 3 and that was asking for them to submit a revised Site Plan that shows the 21-inch sewer main, since that would affect Meridian City Council December 3, 2002 Page 13 of 37 landscaping and that could be omitted. They would not need to submit that. I guess, in summary, since the site plan really does not have substantial modification, other than just eliminating that 65 or lO-foot stretch there on the east, the staff would be comfortable with City Council making a motion tonight with those changes that I have just talked about. De Weerd: Council, any questions for staff? Bird: I have none, Nary: Madam President? De Weerd: Mr. Nary. Nary: I'm a little bit confused, Brad, on the extra parking on that Nine Mile Ditch. Isn't there a relationship to that additional parking to all the expansion they want to do? Because if we just delete it, then, that's saying to me that it wasn't necessary to begin with, if we are going to approve all this expansion. I'm assuming there is some relationship. I haven't read through all the minutes, but a relationship between what they are wanting to add and why the additional parking was necessary to make it comply. Hawkins-Clark: Councilman Nary, I believe that the -- the Highway District, in terms of calculating trips for preschools, is looking at this primarily as a drop-off situation, so the day use for the preschool would not actually demand an increase in parking spaces. Nary: So what was the point, then? Why did -- Hawkins-Clark: I believe it's just to accommodate their growth. Nary: The rest of the -- Hawkins-Clark: On Sundays. Nary: Okay. De Weerd: Mr. Nary, I think a lot of it is as we found in a previous application, because they are not increasing the size of their sanctuary. Under our code it's not necessarily required that they add additional parking slots, but this church has undergone tremendous growth and they have been very good neighbors in where they have found alternatives to their parking issues and they do have parking issues on Sunday. They have been partnering with a church down the road and busing their church goers to the church. Nary: Well, I live across the street, so I mean I knew all of that, but then there doesn't -- I guess it didn't make any sense to me why the parking was tied to the CUP. It doesn't have any relationship to what this expansion is. It probably didn't need to be there anyway. They want to expand the parking to meet their needs, that's fine, they probably should, but it doesn't need to be tied to the project. Meridian City Council December 3,2002 Page 14 of 37 Hawkins-Clark: Other than it is an expansion of a non-conforming use right now. Nary: Right. Hawkins-Clark: So they would have to do it for that reason, or else they would have to wait until the property is rezoned, then come through later and then expand it with the parking, but -- Nary: Since now we are going to delete it anyway -- Hawkins-Clark: But since we are going to delete it anyway -- correct. Nary: Okay. Thank you. De Weerd: Okay. Is the applicant here this evening? Woodard: My name is Larry Woodard. I'm one of-- De Weerd: Will you raise your right hand. Do you promise or affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Woodard: I do. De Weerd: Your name and address, please. Woodard: Larry L. Woodard. My home address is 1701 Almaden, Meridian. I'm one of the Associate Ministers there at Cherry Lane. As staff has pointed, we have grown rapidly and they have correctly portrayed to you tonight the recommendations that we are in agreement with. They came to us originally on the zoning change from R-4 to L- o and we agree with that. It puts us in a proper zone now, as to the Conditional Use Permit, changes are the slight building modifications, and going to a preschool, we are comfortable with the request they have made, De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to testify on this application? Okay. Council, discussion? Nary: Madam President? De Weerd: Mr. Nary. Nary: Just so I'm clear -- and I was looking at the minutes now, Brad. What the recommendation you're saying is is that on the site specific requirement we could delete Option 1, because that deals with -- or delete Number 1, because that deals with parking lot expansion, and since we are not going to do that, we just delete that entirely. Delete or amend option -- or Number 2, because in looking at the minutes -- and you're Meridian City Council December 3, 2002 Page 15 of37 absolutely right, it is very confusing -- it appears that the Planning and Zoning Commission was recommending deleting -- or Number 2 as well. That's dealing with the current parking and landscaping for the current parking. We wouldn't include any current landscaping requirements in the parking lot and that's okay? Hawkins-Clark: That would certainly require an action of the Council. I mean strict interpretation of the ordinance would -- well, no, I'm sorry. I do take that back, because now that -- right. They are not -- because the ordinance is tied in. They would have to bring it up to code if they were changing the parking lot. Nary: Right and it appears in looking at the last part of the minutes, Commissioner Centers says strike Number 2, which refers to the existing parking lot and the response is okay and all the comments of number two. They intended to delete all references to the parking lot as part of this CUP. Then Number 6, which is the Option A and B, it appears that they meant to delete them both as well. In looking at the -- in looking at the minutes, again, it says Item 6 has been covered, strike both options which require a CUP for the higher grades, all the comments and requirements to remain. Does anyone see anything else? Chairman Borup says no so they struck all of the things -- so basically 1,2 and 6 was what they recommended to be deleted, if I'm reading this right. Hawkins-Clark: Yes. Which, again, is a little bit of a conflict because at the beginning of Commissioner Centers' motion he says that he wants to include the fact that the church would have to come back for a separate CUP when they intend to expand the school. At the beginning of the motion, he says to include it and, then, at the end of the motion it's deleted. I was unable to contact anybody to clarify that but I think, generally, what it would come down to is if you're comfortable with an expansion of the school within the existing facility, that's one issue. If they are going to actually modify the site plan, you know, that may impact neighbors a little bit more, it may justify a future CUP, but -- De Weerd: Mr. Woodard, did you want to respond to some of this? Woodard: Yes. It is a bit confusing. As I recall, the Planning and Zoning Meeting when we -- first of all, on the landscaping relative to our existing parking lot, that was raised by staff as that we would have to come into compliance. It dealt with planting trees along the west side, which was required of us when we put in our Family Life Center, but the Nampa Irrigation District would not let us plant trees there, so we put the trees out front. We have the required number of trees. They are not in the location that was originally planned. That's why the Planning and Zoning said drop whatever number that was relative to that. As to the school, at this point, we are looking only for approval on the preschool and that's all. We agreed that we would come back, should we decide to go to a private school, raising it one grade at a time. De Weerd: Does that answer your question, Mr. Nary? Nary: It does. De Weerd: Okay. Any further discussion? I will entertain a motion to close the Public Hearing. Meridian City Council December 3, 2002 Page 16 of 37 Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing for RZ 02-003 for Cherry Lane Christian Church request for rezone and also CUP 02-027, the Conditional Use Permit for the preschool for the Cherry Lane Christian Church. McCandless: Second, De Weerd: It's been moved and seconded to close the Public Hearing on Items 9 and 10. Any discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: We will start with Item Number 9. Is there a motion or discussion? Bird: I have none. Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval RZ 02-003, the request for rezone of four acres from R-4 to an L-O zone for the Cherry Lane Christian Church by Cherry Lane Christian Church at 2511 West Cherry Lane. For Counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order, pursuant to all the staff comments and recommendations of the Planning and Zoning Commission. McCandless: Second. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve the request for a rezone. Any further discussion? Okay. All those in favor -- or, Mr. Clerk, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Okay. Item Number 10. ['II entertain a motion on Item 10, CUP 02-027. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council December 3,2002 Page 17 of 37 Nary: I would move the approval of CUP 02-027, request for Conditional Use Permit for the expansion in the proposed L-O zone for Cherry Lane Christian Church by Cherry Lane Christian Church pursuant to the staff comments, as well as a recommendation of the Planning and Zoning Commission, with the following amendments to those recommendations. The deletion of Items 1, 2, and 6, pursuant to the testimony as presented tonight, and for the counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. That's it. Bird: Second. De Weerd: Any further discussion? Okay. There is a motion to approve CUP 02-027, with the suggested changes. Mr. Clerk, roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: Mr. White? White: I'm sorry, I just had a question. There was some debate on Item 7, deleting the requirement of a -- of that 21-inch sewer line submittal, and I was kind of assuming that was perhaps included in your motion of Councilor just -- De Weerd: Mr. Nary was that included in your motion? Nary: Yes. I think the discussion was basically to not require that at this time, since they are not having to tile it and that was intended. I'm sorry. I guess should have made that clear. De Weerd: Okay, Thanks for the clarity. All ayes. Motion carried. MOTION CARRI ED: ALL AYES Item 11. Public Hearing: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: De Weerd: Okay, Item Number 11, Public Hearing for CUP 02-030, request for a Conditional Use Permit for care for one to two additional children for after school in an existing family home daycare in an R-8 zone for Christina Floyd. I will open it with staff's comments first. Hawkins-Clark: Thank you, Madam Chair, Members of the Council. Item Number 11 is a request for a Conditional Use Permit for a group childcare home. It is located there on East Brown Bear Street. The application may seem somewhat familiar to you, as the applicant was before the Council earlier this year with a Conditional Use Permit to also have additional children, At that point, the Council determined that the number of children that she was looking for up to six would not require a Conditional Use Permit, since Council felt that those should not count against -- her own children should not count against her in terms of calculating the number of children that she sees during the Meridian City Council December 3, 2002 Page 18 of 37 day -- cares for during the day. At this point, she is coming back to care for a total of eight children, so anything above five does require a Conditional Use Permit, so that's the reason you're seeing it again. It is similar to the request that you saw earlier this year. Her earlier money was refunded, by the way, but given the increase in children, she came back for this second round so it is located in a subdivision. She has residential houses on both sides, on the east and west sides. They are single-family dwellings there. It's a rural -- fairly large rural residential open lot to the south. Standard floor plan and site is there on the screen. Staff has reviewed it and made our recommended conditions. J don't think there is anything in particular to point out on the Planning and Zoning Commission' recommendation. They did recommend approval of the request so unless you have any questions, I'll leave it at that. De Weerd: Council, any questions at this time? Nary: Madam President? De Weerd: Mr. Nary. Nary: Just so I'm clear, Brad, in reading the staff report and the minutes, the only difference between this application and the prior application is that Mrs. Floyd's children are not part of the number that we are talking about now. She may be watching other children that aren't her own that would exceed the minimum required is that what -- Hawkins-Clark: Correct. Nary: Okay. Thank you. De Weerd: Thank you. Okay. Is the applicant here this evening? Raise your right hand. Do you promise to affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Floyd: Yes, I do. De Weerd: Please state your name and address. Floyd: My name is Christina Floyd. I live at 567 East Brown Bear in Meridian. De Weerd: Do you have comments that you'd like to add? Do you agree with the staff report and the Planning and Zoning recommendations? Floyd: I agree with everything that -- De Weerd: Okay, Council, any questions? Okay. Thank you. This is a Public Hearing, Is there anyone out in the public who would like to testify on this item? Okay. Council? Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council December 3,2002 Page 19 of 37 Nary: I'd move we close the Public Hearing. Bird: I second it. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Discussion? Okay, I would entertain a motion on Item Number 11. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve CUP 02-030, the request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Floyd by Christina Floyd at 567 East Brown Bear Street. To include all Planning and Zoning, staff comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. De Weerd: Okay. Thank you. The motion is to approve CUP 02-030 with all staff comments. Any further discussion? Okay. Mr. Clerk, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRI ED: ALL AYES Item 12. Public Hearing: PP 02-020 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 6.503 acres in an R-4 zone for Salmon Rapids No.5 by Farwest, LLC - north of East Victory Road and west of South Locust Grove Road: De Weerd: Okay. Item Number 12 is a Public Hearing for a request for Preliminary Plat of approval of 19 building lots and two other lots on 6.50 acres in an R-4 zone for Salmon Rapids No.5 by Farwest, LLC. We will open with staff comments. Hawkins-Clark: Madam President, Members of the Council, the application here before you is for Salmon Rapids Subdivision Phase Number 5. The property is approximately 6.5 acres in size. It's highlighted there on the screen. It's there at the southwest corner of the existing Salmon Rapids Subdivision, It has already been annexed. It does have an R-4 zone, so they are proposing to plat the property. There is no annexation or conditional use associated with the plat request. It is a 21-lot subdivision that consists of 19 single-family buildings lots and two other lots. The revised subdivision design is revised from the 1998 plat that you saw. On the screen is a copy of the plat that was Meridian City Council December 3,2002 Page 20 of 37 revised. While I'm thinking of it, if the Council does move on this tonight, the date on the revised plat is November 26, 2002. In terms of changes from the 1998 plat that Marty Goldsmith, the developer, came through with, they have added this stub street to the south and that is a change that they have -- this Commission has reviewed that and approved that location. They also have a common lot storm water retention area here at the end of the cul-de-sac. There is some reorientation of the proposed public streets as well. The topography, as you can maybe see on the screen by some of the contour lines, the property does fall off to the southwest towards Mesa Way and Victory Road fairly dramatically there, The current proposal is to raise the southern portion of the subdivision in order to achieve maximum coverage and slope for the sanitary sewer. Originally, the design would be for it to come through Kachina Estates, which abuts the property to the west, but an easement was not able to be obtained for that sanitary sewer, they were, at this point, bringing in fill and they would gravity to an existing sewer that comes out of Salmon Rapids. That is some of the reason for the revised plat. The Planning and Zoning Commission did meet on the application. They had recommended approval. We had received the comments back from Becky Bowcutt, who is representing the applicant in writing. Her comments are dated today, December 3rd. She does state that they will comply with all of our recommended conditions, with the exception of Item Number 6 and that deals, again, with the -- changing the storm -- the 25 year storm should be changed to 100 year storm, to be consistent with ACHD's plan and staff agrees with that. Thank you. De Weerd: Thank you, Brad. Council, any questions for staff? Okay. Is the applicant or their representative here? Good. I get to swear you in. Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Bowcutt: I do. De Weerd: Please state your name and address. Bowcutt: Becky Bowcutt, 1100 East Vali-Hi, Eagle. I'm representing the applicant in this matter. As Brad indicated, this is the fifth phase of a project that started in the -- I believe the mid '90s. When that project came through as a Preliminary Plat, this particular area was south of a lateral that traverses through the Salmon Rapids project. Your sewer service line delineation at that time was that lateral, which I think is the Nine Mile Lateral, or something to that effect. Gary Smith indicated when that project came through that he could allow some of those lots to sewer into the Nine Mile Creek Trunk. However, the 23 remaining lots in that southwest corner would not be allowed. We talked to him over time and we submitted a Preliminary Plat once before, a couple years ago, and we withdrew that application. There was always a question of the capacity of the trunk lines that feed into that -- or the Nine Mile Creek trunk lines and those mains that feed into it. At that time Sherbrooke Hollow, Sherbrooke Village, Thousand Springs, Terra Wood, all of those other projects that come off that trunk were just getting started and so there was question about the capacity. Since that time things have changed, those projects have been -- or most of those projects have been built out in their entirety. We also reduced the number of lots from 23 to 19. We changed the configuration -- that was another area of contention at that time -- in order to make it work with the street configuration that had been drawn up by the engineer at that time, Meridian City Council December 3,2002 Page 21 of 37 Roylance and Associates, we had to place substantial amounts of fill in the project, somewhere around like eight feet. Gary at that time indicated that that was not acceptable. We kind sat on it and looked at alternatives and I came up with the idea of why don't we just change the configuration of the streets? Instead of running against the contours, we will run with the contours, as you can see, that roadway running diagonally. When we do that, then that minimizes the amount of cut and fill to take place and also helped us substantially with our sewer. Also, by eliminating the four lots also helped us. There are also no stub streets from this project to any of the adjoining projects, so we worked with your staff and the Highway District to put a stub to the south to Kachina Estates. When we went through the Planning and Zoning Commission, one thing that I recommended, because I have worked on hillside projects with the city of Boise, was a Master Grading and Drainage Plan. This particular area will have to be graded, will have some cuts or have some fills. I provided the Planning and Zoning Commission with kind of a quick and dirty concept of what those cuts and fills would consist of. As you can see, here are the contours. These are the existing contours and the darker contours are where we go in and grade. Everything is sloping to this corner, so the impact of these existing lots you see here in gray would be minimal, because they drain this way. What we have to do in Grading and Drainage Plan would be to make sure that any runoff from their normal irrigation would be channeled to an appropriate area and wouldn't just puddle back here. Here we have got about a foot of fill. Here we have got 3.2 feet of fill. We have got five feet of fill over here and then we have got 1 .7 and three. I do want to stress this is in concept only. My recommendation to Planning and Zoning Commission and to the Public Works staff, if we have a Master Grading and Drainage Plan that's done by the engineer -- and that's typically not done when we are dealing with a flat piece of property, then that would be filed with the Public Works and the Building Department. We would place a note on the plat that all lots would be subject to that plan and that would include the builders, so we don't have a road builder come in and regrade a lot, so that it drains inappropriately. Everything is going to have to be consistent with the Master Grading and Drainage Plan. Your staff really liked that recommendation and so did the Planning and Zoning Commission and we think it's a good idea. We have explored, as Brad indicated, trying to get out to Mesa Way and get into the Ten Mile Creek Trunk, which does not exist at this time, at least in Victory Road. There are plans for it, but it is not in Victory Road, nor is it in Mesa Way. Also, another thing that's changed, after we tried to obtain easements and weren't successful, was your sewer service map changed and so this area was shown to go back into the Nine Mile Creek Trunk. We are not coming before you asking for deviation at this time from your sewer service boundaries. We want to get this developed. It's been hanging around for years. When I had a neighborhood meeting, some of the neighbors indicated to me that they had problems with kids out there on motorcycles, shooting guns and it just kind of draws people. There are weeds, dust -- it's just become quite a nuisance and that we need to do something about it. One other thing that came up was the issue of this Lot 56 here is a storm drainage lot. They said that their association has been in the red for awhile, so we agreed that with each lot we would set up like an initiation fee, in addition to, obviously, their annual association fee, to help kind of build up that fund without putting any additional burdens upon the association and what areas that they will be maintaining. We also talked about a pressurized irrigation system. They had a supplemental well failure out in this area that was hooked to the pressurized irrigation system that is owned and maintained by Nampa-Meridian. We have been working with Nampa-Meridian and our civil engineers Meridian City Council December 3, 2002 Page 22 of 37 to come up with some ideas. I submitted a letter to Brad Watson this evening from John Anderson at Nampa-Meridian. It's been determined that the best course of action is for the developer to go in and upgrade the panels and the pumps that feed this area. There are multiple subdivisions on this system. That will add capacity to the system and allow Salmon Rapids NO.5 to hook on. The Planning and Zoning Commission wanted to make sure that this did not hook onto the domestic water for pressure irrigation, because the neighbors did testify that they have pressure problems. We believe that will solve that issue and that will be at our expense and not at the expense of the existing residents. Other than Item 6, under B, that needs changed from 25 to 100, we are in agreement with all staffs recommendation and we just basically want to kind of clean this up and finish this project out. Do you have any questions? De Weerd: Becky, on the Drainage Plan, that will be noted on the plat, but who is going to monitor that as those lots develop that -- as they grade -- do the final grade on them, that that plan is followed? Bowcutt: We discussed that, putting a note on the plat, and including language in the covenants, having that on file with the Building Department. We typically don't find that the residents are going to be hauling in a lot of fill material. You know, when they go in and they grade it, contour it, they go in and they will do their landscaping and the critical areas -- the critical areas we found were Lot 51 here. The resident that owns Lot 50 was concerned about their southern boundary and any drainage going this way and then Lot 10 adjoins Lot 1 and we could have some drainage here. All we can do is put notes on the plat, put it in the covenants, list it with the building department, when lots are sold, you know, they have to be aware that there is a grading and drainage plan on file that they -- if they want to come in and build up their backyard, they could not do it. It is what it is. I don't know of any other way to approach it. We have the same thing with hillside subdivisions in the City of Boise. They have to follow that. We just want to make sure we don't have property damage, you know, from the existing residents. That was the big concern and the two -- there were two lots that I saw that could potentially be damaged if they were to come in and put a bunch of fill here that, you know, adversely affected their fence or their landscaping or their drainage. De Weerd: Gary is that something in the final before occupancy is granted that the Building Inspector would look -- would look at? Smith: Madam President, Council Members, we don't really have any way of checking elevations on the grading. I guess we would have to rely on the developer to -- and ['m not sure how they do it in the foothills, Becky. If they have some kind of certification that the engineer does that the Grading Plan is in conformance with what's been approved -- I mean the actual grading is in conformance with what's been proved -- or the grading plan has been approved I should say. We don't have any -- we don't have any way to verify -- physically verify that the grading conforms to the approved plan, other than just, you know, just an eyeball look see. Bird: Well, as long as it's on the Final Plat and in the covenants and everything, if they don't do it right -- and there is no way our Building Inspector can check for grades or anything else -- and something did cause problems. You got all those legal rights to go Meridian City Council December 3, 2002 Page 23 of 37 back on them, as long as it was done in those two areas, I would think. The Counsel can confirm that, but I think that that's a very good plan the way Becky's got it down. Nary: Madam President? De Weerd: Mr. Nary. Nary: We have a Hillside Ordinance in Boise as well and I'm wondering if subsequent to this -- and maybe this being a model, that might be an opportunity to look at an ordinance to also sort of beef up the same thing. To make that a requirement and whether that's a requirement for some sort of certification that the builder has to provide -- something that the builder has to show that they have to be in conformance. That might be another method to be able to assure that these don't change. This is, obviously, nothing that's come up before, but this may be a good opportunity to look at some type of ordinance change that might be of some assistance here. I think what Mrs. Bowcutt is suggesting is the best we can do and I think that's a great way to go about it, but that might be something else we subsequently do is to put some ordinance in place to require that and that way we have another method, I think, as Mr. Bird is saying, to enforce something that isn't done properly. Bowcutt: Madam Chairman, if I could - on Gary's question concerning certification. We do -- from the civil engineers, like if we are using civil and geo-technical engineers, they do have to provide certification, Gary, that the subdivision, prior to any of the homes being built, has been graded -- you know, the contours do match the Grading and Drainage Plan approved by the city. There is a licensed engineer certification of that. Then when it goes to the builder phase, usually on the Site Plan that the builder submits, The contours are shown and the building envelopes are shown on those Building Site Plans, so that the Building Department can see that they are not going in and altering the original grading and drainage that's on there. Then I think the Building Department at Boise City then verifies that somebody doesn't go out there and just start building retaining walls where ever. I mean Mr. Nary may correct me, but I believe that's how they do it there. Now, maybe, since you guys don't, obviously, have a big inspection staff, you know, maybe you could do some certification prior to occupancy, I guess, but it's still matching the plan. I guess that would be the only thing I could come up with. Smith: Madam President and Council Members. Becky, I think that's a great idea that if the architect for the home builder would show the contours on the Site Plan for the home, it would easy, then, for a building official to compare that with the approved Grading Plan. It would be very simple to say that this is in compliance and, of course, then when they go out and do their final inspection, they do look at that grading and they would be able to see that, yes, that is, indeed, what's happened, they haven't done something contrary to what's been approved. I think that's great and I also appreciate your suggestion to develop a Grading Plan for this project. I know that, as you mentioned, that was an issue when it came in some years ago, several years back, but it did have a significant problem in drainage. I think that's a great idea. De Weerd: Yes, I appreciate that. I do know that builders start moving the dirt around and, in particular you think of landscaping, the homeowner doesn't really think that there Meridian City Council December 3, 2002 Page 24 of 37 is a particular plan. Meridian just doesn't have the topography that really would warrant too many exceptions -- or too many plans of this type. It's kind of a special circumstance so that's -- Nary: Madam President? De Weerd: Yes. I think at least we have a model with Boise's hillside we have to follow and I think what does happen mostly with Boise is that when it's a significant change -- I mean if there is a -- you know, if there is a three-foot difference. They probably -- may or may not catch all that. You're exact right, I think most of the ones that are the ones that get caught when they make significant cuts into the hillside and put retaining walls where there weren't any planned. Those are things that really -- that would be noticeable, but with a smaller staff, those are the things that aren't going to get caught, but an ordinance to order support, that I think would be a good way to go. McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: Becky, forgive me if I didn't quite understand, but the sewer is adequate for that area of the existing sewer now? Bowcutt: Yes. Yes because it's known. The capacity is known. When we were first talking about bringing this in, they were questioning whether they had capacity beyond what had already been approved in the Preliminary Plat and platted. There is capacity now. Yes. That is my understanding. That is no longer an issue. McCandless: Thanks. Bowcutt: Madam Chairman, as far as the certification, there is nothing in the conditions of approval requesting any engineer certification on the grading, so that would have to be added as a condition. Gary may have a suggestion on that language. De Weerd: Okay. Thank you. Is there anyone else who would like to testify on this application? If you will raise your right hand. Do you promise and affirm that the following testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Pope: I do. De Weerd: Please state your name and address. Pope: Clark Pope, 2705 South Pine Bar Way. I'm the owner of Lot 50 and I -- at the risk of sounding redundant, I just want to go on record that we are real concerned about the drainage issue. We have a basement there and if there is much fill brought in by the developer or later down the road by the homeowner, it could present some real issues for us. I just want to go on record to realize -- to realize that we do have a concern with it. Meridian City Council December 3, 2002 Page 25 of 37 De Weerd: With the discussion that has happened to this point, do you feel comfortable with some of the safeguards that have been suggested? Pope: I think they have done a real good job at the onset. I'm concerned about down the road. I could go in and there is nothing to stop me from filling up my backyard either. That's what I really don't want is somehow that our neighbor would come in and fill that up then we'd start getting the flow into ours and maybe even flood the basement. Bird: Madam President? De Weerd: Mr. Bird. Bird: The statement at this time and what I was going to say earlier is the builder and developer and stuff, I don't have any problem with them. It's the homeowner when he comes in, takes the deal, and wants to do his own landscaping. It -- but, as I understand, if you have that on the plat and in the covenants that you have to stay to it, he might go ahead and do it, but if there is any damages, then he's legally liable. I mean we just went through a little episode, because we didn't have stuff on a plat and if we wouldn't have had it on a plat, we wouldn't have had to go through. I believe I'm right, unless Mr. White here could say, but I think as long as you got that -- we protect the people around. They can do it, but if they do damages, the homeowner, then he's liable for it, as I understand. De Weerd: Mr. White, would you care to respond to that? White: Well, I agree. If it's on the plat and in the restrictive covenants, you can prevent them from doing it. If they do it, you can make them take it out and stay in compliance with the requirements of the plat and the requirements of the restrictive covenants. That is a real live protection, it seems to me, to the other homeowners in the subdivision, and that's true -- that's why we have restrictive covenants and those types of restrictions, so that any person in the subdivision can enforce them. It is true that the city doesn't enforce them, but it is the property owner's right to enforce them. De Weerd: And I think you're going to be the best safeguard is if you see something happen, that you bring that to the attention of the city, if it's during the building phase, or to the homeowners after they have gained occupancy. Pope: Thank you. De Weerd: So I appreciate your comment. Is there any further testimony to be given? Okay. Council? Bird: I have none. De Weerd: I'll entertain a motion to close the Public Hearing. Bird: Madam President, I move that we close Public Hearing PP 02-020 for Salmon Rapids No.5, Preliminary Plat approval of 13 building lots, and two other lots. Meridian City Council December 3, 2002 Page 26 of 37 McCandless: Second. De Weerd: It's been moved and seconded to close the Public Hearing. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Okay. What is your pleasure on this item? Bird: Madam President? De Weerd: Mr. Bird. Bird: I'll try to go through this. I move that we approve PP 02-020, request for Preliminary Plat approval of 19 building lots and two other lots on 6.503 acres in an R-4 zone for Salmon Rapids No.5 by Farwest, LLC. North of East Victory Road and west of South Locust Grove and it be noted that the site plan is revised as of November 26, 2002 and that all staff and applicant comments be included. That the Drainage Site Plan be shown on the Final Plat, also that it be noted on the Final Plat and also in the restrictive covenants of this subdivision and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. De Weerd: Okay. It's been a motion to approve the request for Preliminary Plat for Salmon Rapids No.5 with the noted changes. Any further discussion? Nary: Madam President? De Weerd: Mr. Nary. Nary: I was just going to add, Mr. Bird, there was some discussion about including in the Master Grading and Drainage Plan language that there be an additional conditional requiring engineering certification of compliance with that. Bird: And also, the 100-year Flood Plan was also part of it -- Nary: Okay. Thank you. Bird: -- from the applicant. De Weerd: Okay. Is that sufficient, Gary? Did you have any comments? No? Okay. Okay. Hearing no further discussion, Mr. Berg, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council December 3,2002 Page 27 of 37 Item 13. Public Hearing: RZ 02-004 Request for a Rezone of 8.2 acres from R-8 to C-G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: De Weerd: Okay. Item Number 13 Public Hearing for RZ 02-004, request for a rezone of 8.2 acres from R-8 to a C-G zone for Murdoch Subdivision NO.2 and we will start with staff comments. Hawkins-Clark: Thank you, Madam President, Members of the Council. Murdoch Subdivision No.2 is located on South Locust Grove Road. The ground is currently platted. This is simply a rezone request. Woodbridge Subdivision is located on the east side of Locust Grove Road. The Meridian Police Department is located on this large parcel here. The rezone request is for these nine -- or is it nine? It's 10 I guess that is 10 lots that are part of Phase 2 in Murdoch Subdivision so they are requesting a rezone that would essentially bring the Murdoch No. 1 to the west into a similar zone. The reason they had to go with the R-8 originally, if you may recall, is the Comprehensive Plan originally showed it as a single family residential and so they had to plat it with the R-8. The Police Department -- the police station as a public -- quasi-public use in our schedule of use control is fine with the R-8 zone. That's an allowed use there in that zone, so they are not under this rezone legal description. The Planning and Zoning Commission has recommended approval of the rezone request. You should have the recommendation before you with the standard rezone conditions. I believe the applicant is in agreement with that, so I will just leave it at that. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Raise your right hand. Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Fluke: I do. De Weerd: Please state your name and address. Fluke: Madam Chairman, Members of the Council, thank you very much. Daren Fluke with JUB Engineers. We don't have really anything to add. A lot of you probably remember the history of this application. It was a big rush to get it platted, so that you could begin construction of the police station. Now we are back to getting the appropriate zoning designation on there and we are in agreement with the conditions that the Planning and Zoning Commission recommended. Nothing more to say. De Weerd: Okay. Thank you. Any questions? This is a Public Hearing. Anyone else like to enter testimony? Council, I would entertain a motion to close. Bird: So moved. Meridian City Council December 3, 2002 Page 28 of 37 McCandless: Second. De Weerd: Okay. All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Okay. Discussion? Or motion? McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move that we approve the request for rezone of 8.2 acres from R-8 to C- G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation, west of South Locust Grove on East Watertower Street. That the attorney draw up the proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the request for a rezone for RZ 02-004. Any further discussion? Okay. Hearing none, Mr. Berg, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: There is just a couple of items that -- we are getting into the holidays and turkeys will be ordered. I know that Bruce Freckleton usually coordinates the smoked turkeys, if someone would like theirs smoked, you need to get in touch with Bruce. I told Bruce I would raise that today. Regarding the parade on Saturday, we have the go- carts lined up and ready to go. They will be delivered to the park, so it's not like you have to go out, find it, and drive it there. Bird: Do they send a mechanic with it? McCandless: What if the batteries run out? De Weerd: Our families are invited to ride on the fire truck that will drive behind our go- carts. Hopefully behind and not over, so -- and I did want to remind -- I don't know if we will be distributing candy this year. Again, there is concern -- there is no throwing of the candy and it's too bad Chief Bowers isn't here particularly we need to remind the firefighters that you can't throw candy. Bird: We need to remind Chief Worley's Officers not to come and get on me. De Weerd: There is a liability issue and so just a friendly reminder. Our Government Affairs Committee -- or the Chamber's Government Affairs Committee meets Thursday Meridian City Council December 3, 2002 Page 29 of 37 at noon. We hope to maybe discuss a possible date. Mr. Bird is the only one that wasn't there Monday, but we did invite our legislative representatives from Districts 14, 20 and 21 to join the city and the chamber to talk about issues facing the different districts that represent Meridian. Hopefully, we can set a date there and I will let you all know. I did talk with our Representative Tillman, Moyle, and Snodgrass afterwards and, you know, I think this year, as they look at the budget and certainly, at the state sharing, they will be looking for justification and accountability. Certainly, as we looking at our task force to consider a mill levy increase, that's something that we really need to stress for that committee is to independently review and justify what we are doing and come up with a fair recommendation to our tax fares. So -- and I think that will help us in our efforts to the legislature as well. For the Pre-Council on the 1 yth, we are coming up with a number of items. I know that the sewer trunk line assessment is one of those. Is there anything else pending that specifically needs to be on there? I know that our attorney has given us a response on the Emergency Communications Act Board, the ECAB. Does Council desire to have that as a Pre-Council discussion? Nary: On the 1 yth? De Weerd: The 1 yth is -- Berg: Madam President? De Weerd: Mr. Berg. Berg: The rough draft that I had for Pre-Council on the 1 yth included a presentation by Mike Wardle regarding the North Meridian Plan and also discussion of the mill levy. There are a couple questions that you wanted responses back before you start putting this task force together. Those are the two items I had and the Mayor had this trunk sewer fee update on the 10th. De Weerd: Okay. Berg: I don't know how you want to -- De Weerd: Thank you. Do you -- Nary: Well, I have a feeling that with Mr. Wardle it might be tough to start Pre-Council at 6:00 if we are going to talk about the North Meridian Plan, so we may have to consider starting earlier. I do think ECAB would be a good discussion when we have it. I don't know when we need to have some -- I guess some input with the Mayor on that issue. If the 1 yth is our only opportunity before January that might be a necessary thing as well. I do know that the Boise City Attorney has requested to come to Pre-Council and the 1yth, then, would be the only opportunity, unless we wanted to wait until January. She just wanted to give an update on what's gone on with the prosecution and the police services contract so far and what's happened, how -- you know, some update for us as to how that's going. It's not something that has to be done before the end of the year. We can certainly have that at the end of January. She just requested some time to give an update to City Council. Meridian City Council December 3, 2002 Page 30 of 37 De Weerd: All right. If Council would be opposed if we could wait until the beginning of the year -- at the beginning of the year for that. Bird: I'd agree on that. De Weerd: So an update from the prosecutor on prosecuting services and as far as the ECAB board -- Worley: Madam President, if I could interject just for Council's information, there is an ECAB board scheduled -- ECAB Board Meeting scheduled for December 10th, a week from today, at 1 :00 P.M. The Mayor, myself, and Mr. Nichols are planning on attending that to see what the discussion is, as it's continued. Bird: On that ECAB on the discussion that all four of us should be here, so we'd have to do that on the 17th, because Tammy is going to be not here next week. I think ifs very important that all four of us are here and get the update on that. De Weerd: Well, it's a very timely issue, so I think we do need to do it on the 1 yth and because of the holidays I think the 17th will be packed, but keeping in mind the next two weeks will be pretty light, if non-existent, so -- I don't think we need to meet on the 30th. Will, do we have a final decision on that? Berg: Madam President, I have been trying to get a hold of Mike Caven's to get a letter from him that would withdraw his application and just to continue a continuation of the Public Hearing for his project. That was our last instruction to do that and then we would not hold meeting on the 30th, On the 1yth, just so that you know what our schedule is for that meeting, the regular Council meeting, we have several public hearings, but it's only three projects. That's where we are at right now. The 10th is three projects also for Public Hearing. De Weerd: If we can also add, since we will have the trunk line assessment conversation, that also we want to address the Pinnacle Engineers Blackstone, Coral Creek issue, lift station, and let's go ahead, then, and put the ECAB on the 1yth as well. Berg: We'll start at 4:00? Nary: Did we get a raise? I don't recall that. Bird: I definitely think we better start at 5:00. The North Meridian Plan is going to take awhile, I think. There will be questions -- Berg: Jon Wardle has expressed that his presentation would be 20 minutes. The questions back to him is what will determine the length after that. Nary: And Jon Wardle you said? Berg: Excuse me. Mike and Jon will both be there. Meridian City Council December 3,2002 Page 31 of 37 Bird: We need to give them a full hour and then start our regular one at 6:00, I believe, because -- De Weerd: And, staff, you have had time to -- adequate time to comment back to Jon or Mike on those? Hawkins-Clark: We have not. De Weerd: Okay. Okay. Well, please, feel free to -- for you and your staff members that have an interest to join us and we will just have a good dialogue going at the time, because that's an extremely important plan to our future development. Hawkins-Clark: I don't know if this is the appropriate place -- they have submitted for a Comprehensive Plan Amendment with that, so it's not just the plan, which typically is an 1,1 OO-dollar fee. They have asked for that to be waived. I guess my feeling -- the city has been a stakeholder in this plan, you know, since the beginning. It is a fairly substantial fee. I wasn't comfortable making that decision. That's something that -- and I don't know if that needs to be made in a different forum or not, but I just thought I'd throw that out there. De Weerd: I think we probably should have it on our agenda as well. Hawkins-Clark: At the same meeting? De Weerd: Yes. Hawkins-Clark: Okay. De Weerd: But I appreciate you bringing that up, so -- also I noticed some dialogue going about Sage and membership dues. I would recommend we consider that at the beginning of the year as well and maybe invite them in for a presentation. Will, if you will note that as a Pre-Council item for January. Gary, do you have something? Smith: Madam President, I was just wondering if you or Will could recap agenda items for the Pre-Council Meeting. I have been trying to make some notes, but I'm not sure that I have got them accurately. De Weerd: Okay. Will? Berg: Okay. I will try to make heads or tails of this. My understanding is right now we don't have anything for the 10th, unless ~ou put it on there after your meeting with the Mayor, because -- because it's -- the 101 , the only thing I had was the sewer trunk and we are not going to have it on there. Whatever else you may have for the 10th. I do not have anything else for the 10th Pre-Council Meeting. De Weerd: Okay. What is your question, Will, on that? Berg: Unless you and the Mayor have some after your meeting this week. Meridian City Council December 3,2002 Page 32 of 37 De Weerd: Oh. Okay. Berg: For the 17th, I guess we will start with Mike Wardle's presentation at 5:00 and then following that, not necessarily in any order, but we have the mill levy continued discussion, the ECAB board -- ECAB update. The Blackstone, Coral Creek request and then the sewer trunk fee update. De Weerd: Will, why don't we have the Blackstone, Coral Creek at the same time as we do the trunk line assessment on the 10th? Nary: Yes. I guess I thought we were doing the sewer trunk line on the 10th. Bird: That one on the 10th. Berg: Okay. I didn't -- my thought -- because Tammy wasn't going to be here, you wanted -- okay. I'm sorry. Okay. Sorry, Gary. Sewer trunk fee update and Coral Creek Blackstone request on the 10th. Is that correct? De Weerd: Yes. Smith: That's fine. De Weerd: And then following after the beginning of the year we will have discussion on Sage, as well as the prosecuting services. Smith: Madam President? Could I ask a procedural question? De Weerd: You can ask it. Smith: Was it ever the intention of the Council to be able to make decisions during the Pre-Council Meetings, not to include Public Hearings, but other decisions? I was trying to resurrect that from my memory to see if that was faulty or not. Nary: Yes. De Weerd: Yes. You remembered correctly. We do want to have the ability to make decisions at Pre-Council. Smith: Okay and the reason I ask is there is sometimes some of these things that could be -- rather than having to bring them back to a Council Meeting, if we could get them decided at the Pre-Council meeting, then, you know, it may save a week or maybe two weeks. At least we'd get it off our plate and if we could do that that would be great. De Weerd: Yes. Nary: Yes. Smith: Thank you. Meridian City Council December 3, 2002 Page 33 of 37 De Weerd: Mr. Berg. Berg: Madam President, with that follow-up remark, I guess it's important that we have the right description of the issue on our agenda, since we have to notice each and every one of those Pre-Council Meetings as a special meeting. I mean that's important for us, too. Discussion of this letter doesn't really say we are going to make a decision on this letter. You know, if I need to be more exact in the items, then, I need to do that on that noticing, unless we turned around and change our ordinance to start the City Council meetings at 6:00 and just not have any hearings until 7:00. Bird: I like this format. De Weerd: No, I -- Berg: I know you may like this format, but it's a little bit more work for us to get everything done. If we forget to notice it, then you wouldn't have it. I mean that's our -- that's always been my concern. Bird: That's with everything. I mean that's with the Council Meeting and everything else, I mean if you forget to notice it. You're not going to forget to notice it or anything and if it does once -- I mean how many decisions have we made? We just set this up. As I understood Mr. Nichols, when we set this up we made the way that we could pass on something. Not a Public Hearing, not anything like that, but if something come up, we could vote on it, because it's noticed as a public meeting. Am I not right? That's the way I understand this Pre-Council. De Weerd: Well -- and keep in mind, you know, in particular, the thing from Pinnacle Engineers, that that would most likely pend an action -- have a pending action. You know, just make sure, in particular on that item, those that we anticipate there could be an action done, that you phrase it however you legally need to phrase it. Berg: There is nothing in our ordinance that talks about Pre-Council Meetings. Those are special meetings. That's all they are so however we notice them is how we deal with them. Nary: Well, we are currently noticing them now and so I think maybe just what we are saying, Will, is if it needs some clarity from the departments as well. If there is a potential decision to be made, then that should be adequate, I think, notice in the agenda to fist potential possible decision or something like that. I think that will be okay, wouldn't you say? De Weerd: Possible action. Nary: Or possible action to follow. Berg: We can word it in such a way -- there is a lot of things -- the beginning of this was the Pre-Council was to take the place of the workshop to discuss items, so that you -- since you don't have any other time to discuss items. Meridian City Council December 3,2002 Page 34 of 37 Nary: We just didn't want to be stifled by the fact that we couldn't make a decision, we had to set it over another week for the later meeting to try to make a decision on something. So -- but I think if we do that -- and we can always amend the agenda at the beginning of the meeting to reflect that we may be making a decision if we find that out after it's public. That again -- and they would again just need to know it. De Weerd: Okay. Are there any other items of business? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we adjourn. McCandless: Second. Nary: I was just thinking it would have taken an hour longer without the Mayor than with me here. I don't know why. Bird: You know, that's -- I can't figure it out. Last week we were done and, you know-- I wasn't going to blame you, though, Bill. De Weerd: There is a motion to adjourn and a second. All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Meeting adjourned at 8:50. MEETING ADJOURNED AT 8:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /2- I /7 I 02- DATE ,,\\"~'i'~:~'JI, ,*," ~f 'VI 1IV"Qw'Y 1,.- ~,,, ::\;.... "4 .....1- ~,,(} oliiP~ ""1--=:' ~ ~o lb_ ~ ~ ~ '0 S i ~TTESTED: ~ ~ WILLIAM G. BERG, JR., .. ~ ~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN ~ C/C8/2110 1 C/C 9/04/01 C/C 9/18/01 C/C 10102/01 C/C 11/07/01 C/C 12/04/01 CIC 2/05102 C/C 3/19/02 C/C 4/23102 C/C 07/23/02 C/C 8/06/02 C/C 8/20102 IN THE MATTER OF THE APPEAL OF THE PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION FOR A STOP WORK ORDER FOR 2340 WEST FRANKLIN ) ) ) ) ) ) ) ) ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION CASE NO. AP-OI-00 BY: WALTMORROW This matter coming before the City Council on August 21,2001, and tabled until September 4,2001, September 18, 2001, October 2,2001, July 23,2002, August 6, 2002 and August 20,2002, at the hour of 6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon the appeal of Walt Morrow, and the Council having received the Appeal Application Form, and the record in this matter, and having heard the arguments and presentation of Shari Stiles, PlaJming and Zoning Administrator and Daunt Whitman, City Building Official, and the Applicant, Walt Morrow, and being fully advised in the premises issues the following Findings of Fact and Conclusions of Law and Decision and Order: ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 1 FINDINGS OF FACT 1. Walt Morrow submitted for approval, to the Building Department, two sets of plans and specifications for an accessory building to an existing land use at 2340 W. Franklin Road within an I-L zone, and Daunt Whitman ofthe Building Department approved the plans and specifications as a residential accessory building. 2. The Planning and Zoning Administrator's office placed a stop work order upon the accessory building to an existing land use located at 2340 W. Franklin Road upon the basis the Administrator determined that this building permit request did not meet the criteria for an accessory building, and, issued concerns in an e-mail on October 4, 2000, on the project to Daunt Whitman, in which the Administrator listed problems in the permit request for an accessory building to an existing land use, and which items are addressed in the February 2, 2001 letter to Mr. Walt Morrow from Gary Smith, Public Works Director, which included his opinion that the building needed to be processed as a request for a Conditional Use Permit, with the following additional concerns: a. Annexation requirements for the property have not been met, including making provisions for how the property will be served with sewer and water and design review of all buildings. b. The submitted building plans show expansion of a non-conforming use regarding landscaping, paving, land use, etc. c. Needed right-of-way dedication (sale) to ACHD for future widening of Franklin Road will place this building location within the setback area as set forth by City Ordinance. d. Water supply is not available to meet Uniform Fire Code requirements. e. ACHD impact fees need to be paid. 3. The comments of Joseph Silva, Deputy Fire Chief, Fire Prevention, were reviewed by the Council and the following conditions are required: Project Summary: Proposed Use: Building size: Occupancy classification: Type of Construction: Storage: Storage Building 8,750 square feet S-2 (as determined by the Building Department) Type III - N Equipment & Livestock/Maternity Area Public Water Supply Required When Available: 1. The Owner acknowledges that City water is not currently available to the property, and that the water flow available from the Owner's well is insufficient to meet the requirements of the Uniform Fire Code. The Owner assumes the risk that may result from completion of construction of the building, and any subsequent fire which may occur without ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 2 adequate fire protection. The water supply required by Appendix III-A of the 1997 Uniform Fire Code given building size of8,750 and construction type ofIII-N would be 2,000 GPM for a 2-hour duration at a minimum residual pressure of20psi. Two fire hydrants are required to deliver this flow and are typically spaced on 450' centers. The closest fire hydrant is usually 250' from the driveway or point on the street. When a water main is available to the W. Franklin Road frontage of Mr. Morrow's property, he will be required to connect to City water, and install two hydrants (at his cost). Other Miscellaneous Requirements: 1. Ensure that the address for this building is prominently posted and visible from, and face towards, W. Franklin. 2. The address numerals shall be at least 6" tall and their color shall contrast distinctly with their background. Fire Extineuishers: 1. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the Chief. UFC 1002.1 Fire extinguishers shall be of the 2A 10BC size and have the top of the extinguisher hung 3' to 5' offthe floor. The fire extinguishers locations shall be by each front door, the travel distance shall not exceed 75' to a fire extinguisher. General Requirements: 1. Storage shall not exceed 12' in height. UFC Section 209 2. Ceiling clearance shall be maintained at no less than 2' in unsprinkled buildings. UFC 1103.3.2.2. Additionally, any overlooked hazardous condition and/or violation of the Uniform Building and Fire Code does not imply approval of such condition or violation. 4. If at some point the building, which is located within an I-L zone, is to be used commercially, then at that point a permit for tenant improvements shall be obtained and the process of a certificate of zoning compliance and the entire process for commercial application review shall be followed, including all fire codes for commercial zones shall be met. 5. Walt Morrow timely filed an appeal of the Administrator's determination and decision for hearing before the City Council. 6. The accessory building would occupy an existing land use. 7. Walt Morrow contested the allegations contained in the Administrator's determination, and presented evidence that was uncontroverted that: (1) the City of Meridian does not now have, and has not had, a design review process; (2) the ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 3 property on which the building was proposed is more than 300 feet from the nearest City sewer and water services and therefore is not required to be connected atthis time; (3) the site is one parcel totaling 17.5 acres of which 16 acres is under agricultural use; (4) the agricultural uses are "grandfathered" as nonconforming uses that existed when the property was annexed and zoned industrial; (5) ACHD does not require roadway dedication at this time; (6) ACHD indicates no impact fees are due for the building; and (7) because City water is not available to the site at this time, City water is not available for fire flow. CONCLUSIONS OF LAW 1. The City ordinances provide at Meridian City Code Section 11-3-4 for an appeal, hearing and review by the City Council of an order, requirement, decision, interpretation or determination by the Planning and Zoning Administrator. 2. Good reasons exist for overruling the Administrator's decision because the City Council found the Administrator's decision was not based on established facts. DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF A STOP WORK ORDER AT 2340 W. FRANKLIN ROAD OF WALT MORROW Based upon the above and foregoing Findings of Fact and Conclusions of Law IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the Planning and Zoning Administrator on the stop work order for the accessory building by Walt Morrow is hereby overruled, and the Applicant, Walt Morrow, is hereby allowed to continue the building construction at the accessory building located next to his residence located at 2340 West Franklin Road, Meridian, Idaho, ifthe conditions 2, 3 and 4, below, are met. 2. The building shall only be used for storage and a loafing area for cattle. Any expansion ofthe use of this building for anything other than what is allowed under the current I-L zoning is prohibited, unless appropriate application is made to, and approved by, the City. 3. The following fire protection conditions must be met: Project Summary: Proposed Use: Building size: Occupancy classification: Type of Construction: Storage: Storage Building 8,750 square feet S-2 (as determined by the Building Department) Type III - N Equipment & Livestock/Maternity Area ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 4 Public Water Supply Required When Available: The Owner acknowledges that City water is not currently available to the property, and that the water flow available from the Owner's well is insufficient to meet the requirements ofthe Uniform Fire Code. The Owner assumes the risk that may result from completion of construction of the building, and any subsequent fire which may occur without adequate fire protection. The water supply required by Appendix III-A ofthe 1997 Uniform Fire Code given building size of 8,750 and construction type ofIII-N would be 2,000 GPM for a 2-hour duration at a minimum residual pressure of 20psi. Two fire hydrants are required to deliver this flow and are typically spaced on 450' centers. The closest fire hydrant is usually 250' from the driveway or point on the street. When a water main is available to the W. Franklin Road frontage of Mr. Morrow's property, he will be required to connect to City water, and install two hydrants (at his cost). Other Miscellaneous Requirements: a. Ensure that the address for this building is prominently posted and visible from, and face towards, W. Franklin. b. The address numerals shall be at least 6" tall and their color shall contrast distinctly with their background. Fire Extineuishers: Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the Chief. UFC 1002.1 Fire extinguishers shall be of the 2A 10BC size and have the top of the extinguisher hung 3' to 5' off the floor. The fire extinguishers locations shall be by each front door, the travel distance shall not exceed 75' to a fire extinguisher. General Requirements: a. Storage shall not exceed 12' in height. UFC Section 209 b. Ceiling clearance shall be maintained at no less than 2' in unsprinkled buildings. UFC 1103.3.2.2. Additionally, any overlooked hazardous condition and/or violation of the Uniform Building and Fire Code does not imply approval of such condition or violation. 4. If at some point the building, which is located within an I-L zone, is to be used commercially, then at that point a permit for tenant improvements shall be obtained and the process of a certificate of zoning compliance and the entire process for commercial application review shall be followed, including all fire codes for commercial zones be met. ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 5 NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the appeal may within twenty-eight (28) days after the date oftms decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ,:<rd- "\ ~y action of the City Council at its regular meeting held on the d - day of ~ce fn.-~ ,2002. ROLL CALL: Councilman Bird \Toted ~~tl- Councilwoman deW eerd \Toted~ Councilwoman McCandless \!oted~ Councilman Nary \!oted~~ Mayor Robert D. Corrie (Tie Breaker) DATED: /:2--.3 -02-- \! oted - MOTION: APPRO\!~ DISAPPRO\!ED: Copy served upon Applicant, the Planning and Zonine: Department, Public Works . \\\111rrrIl111 Department and the City Attorney. \\\\\\\\ Of MEt'-, 11111/11 " A'~ itlOJ '..- " ~ '" .,4 'l $' () o'?>POftl/; /1- ~ ..::: ..0 <.~~-;.. ~ ~ v ' =:;- SEPJ!U.. TE : ~2 - 3/[) 2- - ) - :; 7. ~;: - ~ 'c)-- :::. Q . "GJ / 0 :.::: ~ "1A '6,sr 1S"\ ' .).: ,.:;- ,. vr ([-}o..' '''to.. Z:\ Work\M\Merldian\Merldian ] 5360M\Morrow Walt APO 1-00 Stop *(lr~ or.a5~c<vi~~APtedr 9:r(J~r November 2002.doc 'fir '<.'.:.c~-, ~ I ,...\ ORDER GRANTING APPEAL, O\!ERRULING PErANNING\" AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 6 BY. CITY CLERK BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR APPROVAL OF A PRIVATE ROAD BY R. T. NAHAS, LOCATED AT THE SOUTHEAST CORNER OF SOUTH PROGRESS A VENUE AND SOUTH INDUSTRY WAY, MERIDIAN, IDAHO BY: R. T. NAHAS, APPLICANT LCi C/C 11/12//02 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-02-010 REQUEST FOR AFPROV AL OF A PRIVATE ROAD The above entitled matter coming on regularly for public hearing before the City Council on November 12, 2002, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark, Interim Director of the Planning and Zoning Department, and Larry Reed, appeared and testified, and the City Council having received a report from Brad Hawkins- Clark, Interim Director of the Planning and Zoning Department, and the City Council having received testimony as part of the record ofthis matter, and the applicant having submitted his application for a request for approval of a private road to serve three existing commercial lots, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: REQUEST FOR APPROVAL OF A PRlV ATE ROAD FOR R. T. NAHAS FOR MI-02-0 10 ~ 1 FINDINGS OF FACT 1. The property is generally located at the southeast comer of South Progress Avenue and South Industry Way, Meridian, Idaho. 2. The applicant of the subject property is R. T. Nahas Company ofIdaho whose address is 102 South 17th Street, Suite 300, Boise, ill. 83702. 3. The owner of the subject property is R. T. Nahas Company ofIdaho whose address is 102 South 17th Street, Suite 300, Boise, ill. 83702. 4. The location ofthe subject property is presently located in a C-G General Retail and Service Commercial zone, and which subject property is located on the east side of S. Industry Way, east of the Home Depot and south of the United Heritage building, Meridian, Idaho. 5. The legal description of the property is on file in the City Clerk's office located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, R. T. Nahas, has requested approval of a new, private street to serve three (3) existing commercial lots immediately north ofI-84, in Block 4 of Central Valley Corporate Park off of S. Industry Way. The proposed street name is E. Sonata Lane. Lee Reed Jewelers is the use on Lot 14, Block 4, the easternmost lot. A new proposed furniture store would be the use on Lot 13, the middle lot. Lot 12, the westernmost lot, is currently vacant (but slated for a restaurant on the Site Plan included with the application.) 7. This miscellaneous application is only for approval of a private street as the three (3) lots currently take access off ofIndustry Way via a private driveway that is constructed across the south end of the lots. The driveway (and future street) have off-street parking on both sides. REQUEST FOR AFFROV AL OF A FRIV ATE ROAD FORR. T. NAHAS FORMI-OZ-OIO - Z The Applicant is requesting a formal private street so, in part, a separate street name and address may be used by the lots fronting on Lot 11 - rather than addressing off "Industry Way". 8. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for approval of a private road it will not impose expense upon the public if the following conditions of approval are imposed: Adopt the Recommendations and/or Considerations of the Planning and Zoning staff as follows: Recommendations: 1. A minimum 25-foot wide permanent vehicular cross-access easement shall be recorded across the south end of Lots 12-14, Block 4 of Central Valley Corporate Park No. 6 in the location of the proposed private street. A copy of said easement shall be submitted to the Planning & Zoning Department and to the Public Works Department prior to signing the new street. 2. The private street shall be constructed to ACHD design standards or the design shall receive approval from the City of Meridian Public Works Department 3. The Applicant shall ensure the private street is accessible by emergency vehicles at all times, to the satisfaction of the Meridian Fire Department. 4. Prior to erecting a street sign, the proposed name of the private street, E. Sonata Lane, must be approved by the Ada County Street Naming Committee. Applicant shall ensure the Community Planning Association has received a copy of the proposed name and submit a copy of the approval letter to the Public Works Department prior to opening the street. Adopt the Recommendations, Notations and/or Considerations of the ACHD as follows: 1. The Ada County Highway District submitted a no review letter and has no site improvement requirements attributable to the application. REQUEST FOR AFPROV AL OF A PRIVATE ROAD FOR R T. NAHAS FOR :MI-02-01O - 3 Adopt the Recommendations and/or Considerations of the Nampa & Meridian Irrigation District as follows: 1. The District's Eightmile Lateral courses along the north side of the proposed project. The Eightmile Lateral easement must be protected; any encroachments without approval plans and a signed License Agreement is unacceptable. Adopt the Recommendations, notations and/or Considerations of the Meridian Water Department as follows: 1. As long as the private road does not affect the department's facilities, the Water Department does not object to the project. CONCLUSIONS OF LAW 1. Approval of this request for a private street is consistent with the City's ordinances and planning objectives. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval for a private road by R. T. Nahas, for the property located at the southeast corner of South Progress Avenue and South Industry Way, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff and governmental entities. .7nL M By actio}l ?f the City Council at its regular meeting held on the cr - day of C.e-i'YV~ 2002 , . ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~tL- COUNCILWOMAN deWEERD REQUEST FOR AFPROV AL OF A PRIVATE ROAD FORR. T. NAHAS FORMI-02-010 - 4 COUNCILWOMAN McCANDLESS VOTED~ VOTED~ COUNCILMAN NARY ByJk~4-~ 9 City Clerk MAYOR ROBERT D. CORRIE (TIE BREAKER) ~ . ;C/r-hrP-e~-J oPU Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. \ \ \ \ 1111111!/ 1tt 11\1 r::: r,ti'. III ",\' --{ O. v,cRfD 1111; ~ ~ ~1 ~I ~'(j rO?J'OR,'1?' I"V ~ "- ...v ~ ,.. 2 ~ <:>--;. /.'<J. _ ~~j7''1 ::: ~ Dated: ? <./ fY ~:: :: VOTED - , ". .... Z:\Work\M\Meridian\Meridian lS360M\R.T. Nahas MI.02.0 lO\FfClsOrdMI-02.0 1 O,doo REQUEST FOR AFPROV AL OF A PRIVATE ROAD FOR R. T. NAHAS FOR MI-02-0lO - 5 BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 6.24 ACRES, LOCATED ON THE NORTH SIDE OF USTICK ROAD, WEST OF TEN MILE ROAD, MERIDIAN, IDAHO BETTY LOU BRITTON, APPLICANT \ C/C 11-19-02 Case No. AZ-02-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on November 19,2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, Betty Lou Britton, and Rod Ralphs, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025) 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 6.24 acres in size, is located on the north side of Us tick Road, west ofTen Mile Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner ofrecord of the subject property is Betty Lou Britton, 3680 W. Ustick Road, Meridian, Idaho; and the applicant is owner of record. 5. The property is presently zoned by Ada County as RUT, and consists of one single family residence. 6. The Applicant requests the property be zoned as C-N, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use-Wastewater Treatment Plant (MUWTP). 7. The subject property is bordered to the north by pasture/ruralland zoned RUT, to the south by single-family residential zoned R-4, to the east by single-family residential zoned R- 2, and to the west by single-family residential zoned RUT. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGfBETTY LOU BRITTON (AZ-02-025) A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1. Remove any existing wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. The development of this property shall be in compliance with all City Code in effect at the time of development. A Conditional Use Permit is required for any future development of this property. 3. All livestock currently being maintained on the property shall be allowed to continue on the subject property until such time that the livestock use ofthe land ceases for a period of one year, or ifthe land use changes from residential to a new commercial use. 4. The existing house has been connected to the sanitary sewer and water systems of the City of Meridian recently. These emergency connections were made via a staff level approval, wherein annexation is required. 5. Applicant has agreed to limit the number and type ofIivestock upon the land to that currently living upon the land at the time of this application, which are a total ofthree animals. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that apply upon District review of future development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. 2. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETIY LOU BRITION (AZ-02-025) 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the Applicant in the planned use ofthe property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025) economic welfare ofthe City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character ofthe general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning of the subject real property as Neighborhood Business District (C-N) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use-Wastewater Treatment Plant (MUWTP). 14. The existing single-family residential use would be allowed to remain as a legal non-conforming use even if the property is rezoned to a zoning designation other than residential. All future re-development ofthis property will be required to obtain a Conditional Use Permit prior to development, per the MCC and the Meridian Comprehensive Plan's requirements. 15. The applicant has no plans to develop the subject property at this time, but has received an offer for the purchase of her property. 16. It is found that the proposed zoning will not be hazardous or disturbing to existing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025) or future neighboring uses, furthermore all future uses will be required to obtain a Conditional Use Permit prior to development. 17. It is found that the property to be annexed will be served adequately by all essential public facilities and services. 18. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 19. It is found that the proposed zoning/use will not increase traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 20. It is found that there will be no new proposed vehicular approaches to the property. 21. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. 22. It is found that the annexation of this property would be in the best interest of the City. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025) 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The zoning of Neighborhood Business District (C-N) is defined in the Zoning Ordinance at ~ 11-7-2 H as follows: (C-N) Neil!hborhood Business District: The purpose ofthe C-N District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems ofthe City, and shall not constitute all or any part of a strip development concept. 5. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 6. The development of the annexed land, if annexed, shall meet and comply with the Ordinances ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 7. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025) OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 6.24 acres to Neighborhood Business District (C-N) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 6.24 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025) A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1. Remove any existing wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape inigation. 2. The development of this property shall be in compliance with all City Code in effect at the time of development. A Conditional Use Permit is required for any future development of this property. 3. All livestock currently being maintained on the property shall be allowed to continue on the subject property until such time that the livestock use of the land ceases for a period of one year, or if the land use changes from residential to a new commercial use. 4. The existing house has been connected to the sanitary sewer and water systems ofthe City of Meridian recently. These emergency connections were made via a stafflevel approval, wherein annexation is required. 5. Applicant has agreed to limit the number and type of livestock upon the land to that currently living upon the land at the time of this application, which are a total ofthree animals. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that apply upon District review of future development. The Findings for Consideration cover a portion of the District policies that will pertain to any development proposal for this site. 2. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025) 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required penuits), which incorporates any required design changes. 7. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the Applicant in the plalll1ed use ofthe property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District ofits intent to change the planned use of the subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject ofthe application to (C-N) Neighborhood Business District, and Meridian City Code S 11-7- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETIY LOU BRITTON (AZ-02-025) i I 2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions ofthe annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the '/)eC ern,,~ :3 rA-- day of , 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~ COUNCILMAN WILLIAM L.M. NARY VOTED~\.-e MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /'2-- g,. -0 L VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBETTY LOU BRITTON (AZ-02-025) MOTION: APPROVED~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ,\\\llllll.lII/1/It ,\\ C a",.. tll j .. L h:-" 17 '?M /"~'\c~~:::~~;'\ BY~W'~/;/--/c?-7rDated:/t-.Y--(/~f ~."v '0 \ CIty Clerk ~ SEAL :: 7& 6':::: -;:. _ Qu ,C)' 0 .:- -:::.. "0 'Sr 15\ . X-.}: -;. A'.I b.: '" -?... -~ a \\)~ - ....... "'" It''\J !' ,-,t ~ \\." /.1 ""'0'-"'" \\' Jl~'j; }./J;-i<: ;\:~~; ~,\ \ \ \ z:\ Work\M\Meridian\Meridian 15360M\Britton AZ 02 025 C-N zone\AZFfCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBEITY LOU BRITTON (AZ-02-025) November 27,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT December 3, 2002 ITEM NO. 3-J REQUEST Approve Request for Sewer and Water Extension on Locust Grove by Joint School District NO.2: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTHER: 8e-6 b~S~~~S \rvuNYL-og.~: Sfw-tr SKIVns. /Oyt ~ (fJrf Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MerIdIan. RECEIVED NOV 2 7 2002 To: Mayor & Council From:Gary D. Smith, PE CC: file Date: 11/27/2002 City Of Meridian City Clerk Office Re: North locust Grove Road Sewer Extension Request This item was discussed in the Pre-Council meeting held on November 26, listed on that agenda as "Discussion of Sewer and Water Extension on Locust Grove for Joint School District No.2. " My memo to you dated November 18, 2002, provided information on the location of our existing facilities in this area and the distance of the extension that the School District is requesting. As discussed, a water line extension in Locust Grove to a point past the School District property, was previously approved by you and is ready for bid with expectation that it will be completed in spring 2003. We estimate an extension of the sewer to this location will cost approximately $80,000, not including the cost for any required pavement replacement. You have also previously received a copy of the request letter by the school district for this extension. If you approve of this request, we will move forward with design and bidding of the approximate 2100 lineal foot sanitary sewer extension. Gary From the desk of... Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E. Walertower Lane, Suite 200 Meridian, Idaho 83642 ED Page 1 (208) 898-5500 Fax: (208) 887-1297 MAYOR Robert D. Corrie , .:;:;. ,'" -'i"':'~, . A., ~ ",i:l'~r1: .~ cU;;;di;;~; '\ ~ IDAHO l ,). y ,s.~ b (''''0, 0 '~'S1"t' : 1903 LEGAL DEPARTMENT (208) 288.2499 . Fax 288-2501 PARKS & RECREATION (208888.3579' Fax 898.5501 PUBLIC WORKS (208) 898.5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887.221 I . Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird Novemper 21, 2002 _. Wendell Bigham Joint School District NO.2 911 Meridian Street Meridian, Idaho 83642 RE: Joint School District No.2 Sewer I Water Extension Dear Wendell, Per my November 21, 2002 email, enclosed you will find a copy of the memo for the above Pre-Council meeting discussion item for November 26, 2002. Please feel free to call my office if you have any questions or concerns. Sincerely, . ShMrrSrndtv Sharon Smith Deputy City Clerk Enclosure 33 EAST IDAHO' MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-48[3 . City Clerk Office Fax (208) 888.4218 . Human Resources Fax (208) 288-LJ93 Sharon Smith From: Sent: To: Subject: Sharon Smith Thursday, November 21,200212:29 PM 'bighamw@meridianschools.org' Joint School District NO.2 Sewer Extension Discussion il School District Sewer Extensio... Wendell, I expect this item to be on next week's City Council precouncil meeting agenda. The mayor will get back to us on whether that will start at 6:00 or 6:30. Please let this office know what your schedule is like, and if you are available to attend. I will also be mailing a hard copy to you, but wanted you to be able to review this item as soon as possible. Thank you! Sharon Smith Meridian City Clerk's Office ph. 888-4433 ext 210 1 )Ci~Y '6f',M~ti~i~~R~~~}:~"~~'~'~": :,Public,Wotks :DEiR,t!~,,'~~~~;"', :'~(;_r.:,:_~; ; )"; "F:"~~~A~~~:3;:'"":;:r;~.'"~0J:7>~:~?:f:::;:~~,S31 ;~~~. ~~~ RECEI\TEI) NOV 1 9 2002 City of Meridian City Clerk Offie." Memo To: Mayor & Council From: Gary D. Smith, PE cc: file, Brad Watson, PE, City Attorney, City Clerk Date: November 18, 2002 Re: Joint School District No.2 - SewerJWater Extension RE11~wT, V'~ 'E"D,' "lil.. IQJ " /" \'....1 J....A ..:A. JI " NOV 1 9 2002 City Of Meridian City Clerk Office Mayor & Council: Attached is a copy of correspondence that our City Engineer, Brad Watson, PE received from Wendel Bigham of Joint School District No.2. The second paragraph of his letter is a request for the City to extend water and sewer service to a point approximately 720 feet south of the intersection of Locust Grove Road and Chinden Boulevard. Previously you have approved extension of city water in Locust Grove Road to a church site adjacent to and northerly of this location. The proposed elementary and alternative high school sites are located, respectively, to the southwest and south of the church site, as shown on the attached drawing. Therefore, water is already scheduled to be extended past the frontage of this parcel, although city approval to serve the school site parcels has not been given. It is our estimate that only the proposed alternative high school site could be served by gravity with a sewer extension in Locust Grove. If a sewer extension is approved in Locust Grove, it would be appropriate to continue the extension to the north, or at least investigate the continued extension, for service to the proposed church site. Also attached is a small scale drawing showing the location of our existing water and sewer system in this area. A sanitary sewer line would need to be extended approximately 1950 feet to reach the south boundary of the church property. From the desk of... The sewage flow for these proposed school sites and church site would be handled by the Vienna Woods subdivision lift station, and would be pumped into the White Gary D. Smith, PH Public Works Director Meridian Public Works Department 660 E. Walertower Lane, Suite 200 Meridian, fdaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 ( Drain sewer trunk line. Most likely, the capacity of the Vienna Woods lift station will need to be increased to accommodate this increase of flow, Sewer service to properties within the White Drain sewer service area will be diminished as service to properties outside of its service area are allowed. It appears from activity north of McMillan Road, that the development community will soon construct a major portion of the North Slough Sewer line. Eliminating the Vienna Woods lift station will require an approximate one-mile extension of the North Slough sewer line, beyond what is planned by developers at this time. Please advise me as to how you would like to proceed with this request for water service and for sewer service, outside an existing sewer service area, and outside of our present corporate limits. Sincerely, 1/1 ;/ a c~+- jtHiAA/j irkl"'"b'14w.... Gary D. Smith . Page 2 rY- --J..SI;'~~ "fC'/ \ Preparing \~.~ Todoy's __ \? Students for t--..) Tomorrow's . \ Chollenges. / \ 6' 6- ' \ 0/ c} / '-::'.~.~0'> ~ Joint School District No.2 911 Meridian Street · Meridian, Idaho 83642 · (208) 888-6701 . Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell November 7, 2002 RECEIVED NOV 1 1 2002 RlERJDJAN CITY ENGINEER. Brad Watson Meridian City Public Works 660 E. Watertower, Ste 200 Meridian.. ill 83642 Re: New Academy High School, Locust Grove Road Dear Mr. Watson: As you are aware the recent passage of our bond issue approved the construction of a new academy high school. TIle site for tlris facility is located on Locust Grove Road a half mile north of McMillan on the west side of the road. I have attached a vicinity map (referred to as Stetson property) and an approximate location map for the Academy High School. The property in question is currentIy not owned by the school district, however, a land exchange is in progress with Stetson Properties, LP and closure of the exchange is dependent upon city utility services being made available at tIle desired school site. At tlris time, we are requesting that the city of Meridian extend sewer and water to tlris site. It should be noted tIlat at a future date an elementary school will also be constructed on tIlis site. We have retained Hummel Architects to design the facility, should tIley call you regarding tItis project and tIle fortllconting applications please communicate Witll tllem as tIley will be a designated agent of the school district Your timely attention and response to this request will greatly assist us in complying willl tIle requirements of Meridian City for the essential public services. Sincerely, ~~ Supervisor Facilities and Construction ~~. CB IS "J -G ~.C.:~. __:-:'s ~.~l::TJ.\~ ION ary S _. _ - ~ce\A~. .-----'. .--=~:===== -----,.....-----~ ~-_.~'. ._"A C: Jim Jewett, Stetson Properties LP Ed Daniels, Hummel Architects ;jO .- CD r 1 I I ! I I i ; i I ! i ~_.l I i I -1 I - ~ c / -t- ) --- ---- -- IJ '" 1 l ~/~ -II-~ i I ;;/~~ ~ '- ~ARr; y . :' I L~__J 7// ~ November 27,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills: December 3,2002 ITEM NO. _j ~}G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. November 27,2002 Department Reports December 3, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Police Department REQUEST Crime Statistics Report for September 2002: ITEM NO. .L/ -- A- { AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~&l; f~)W Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. cYvG;;dzCrn '~'z, " II} \ . lD:\HO F \V; kY '{~!:('!'.!L'ILl, 'I'm "" "....Y~..!'>,~;{: Memorandum Meridian Police Department December 3,2002 DEe - 3 2082 TO: Mayor Corrie City Council Members FROM: Chief Mike Worley RE: Preliminary Major Crime Statistics January - September, 2002 Offenses Offenses Reported % Change Reported Cleared Last Year from 2001 Murderl 0 0 0 0 Manslaughter RaDe 5 I 7 -28.6% Robbery 3 2 3 0 Agg. Assault 17 7 29 -41.4% Total Violent 25 10 39 -35.9% Crime Burglary liS 15 144 -20.1 % Theft 761 205 625 17.9% Motor Yeh 32 8 37 -13.5% Theft Arson ]3 2 8 38.5% Total Property 921 230 814 11.8% Crime TOTAL MAJOR 944 240 853 10.7% CRIME Meridian continues to be a very safe city, with only 25 violent crimes committed in the first nine months of 2002. As noted in the budget presentations, property crime, specifically theft, continues to be the largest contributor to the overall crime numbers in Meridian. Theft, by its nature, is largely preventable by property owners who take precautions to safeguard their property. The Meridian Police Department continues in our efforts to find a suitable individual to fill the part-time crime prevention position to help citizens better understand ways to protect property from thieves. On a positive note, the companion property crime of burglary is showing a significant decrease so far this year. Equally positive are the clearance numbers. Overall, MPD officers and detectives are clearing 38% of reported crime, up from 16.2% last year. ADA COUNTY RECORDER J. DAVro(t...tARRO BOISE IDAHO 12113/02 09:39 AM DEPUTY Kris Vaughn RECORDED-REQUEST OF City 01 Meridian ~MOUNT ,00 ....w- 1.30 11I1111111111111111/11I11111111111111 102149597 ORDINANCE NO. 02 - q 87 BY THE MERIDIAN CITY COUNCIL: De WEERD McCANDLESS BIRD NARY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE MERIDIAN REVITALIZATION PLAN, 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; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about July 24,2001, by Resolution No. 01-367, the City Council of the City of Meridian approved an area as appropriate for an urban renewal project, and therefore, for the purposes of the Law, created an urban renewal agency (known as the Meridian Development Corporation), pursuant to Chapter 20, Title 50, Idaho Code (hereinafter the "Law"), authorizing it to transact business and exercise the powers granted by the Law and Act upon making the findings of necessity required for creating said agency; WHEREAS, upon adoption of Resolution No. 01-367, the Meridian Development Corporation ("MDC"), began the planning process as allowed by law; WHEREAS, as a result of the activities within the Meridian Urban Renewal Project Area, and the planning process, the MDC's Board of Commissioners identified a number of issues that are affecting certain geographical areas adjacent or in close proximity to the originally identified Meridian Urban Renewal Project Area; ORDINANCE - 1 MDC REVIT PLAN ORDINANCE WHEREAS, the MDC Board of Commissioners authorized a study or report to consider incorporating certain property in proximity to the Meridian Urban Renewal Project Area and to analyze and determine whether the area is eligible for urban renewal planning and to determine whether the area should be modified or revised, and provide the full MDC Board with a report and recommendation as soon as reasonably possible; WHEREAS, the MDC, through the City, retained Sherry McKibben of McKibben & Cooper Architects ("McKibben"), to study the area in question and to prepare an eligibility report (the "Eligibility Report"), which would examine the designated urban renewal area for the purpose of detennining whether such area is a deteriorating or deteriorated area as defined by Idaho Code, Sections 50-2018(i) and 50-2903(6)(b); WHEREAS, the MDC, on June 19, 2002, adopted MDC Resolution No. MDC-02-004 accepting the Eligibility Report for an expanded and modified urban renewal project area; WHEREAS, the Meridian City Council considered the Eligibility Report for the Meridian Revitalization area at the City Council meeting scheduled for August 27,2002; WHEREAS, the Mayor and Council considered the steps set forth by the Act and Law, accepting the Eligibility Report finding the area set forth therein to be "deteriorated" or "deteriorating" areas as defined by Idaho Code Sections 50-2018(h), (i) and 50-2903(b) declaring such area as an urban renewal area, making additional findings regarding the characteristics ofthe area, making the necessary findings as required by Idaho Code Section 50- 2008(a) and authorizing the MDC to prepare an urban renewal plan; WHEREAS, under Idaho Code Section 50-2008, an urban renewal project for an urban renewal area shall not be planned until such area has been found to be deteriorated or deteriorating by the adoption of a resolution by the City Council; WHEREAS, the Legislature of the State of Idaho has enacted the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, referred to herein as the "Act," authorizing certain urban renewal agencies, including the Meridian Development Corporation, referred to herein as the "MDC," to adopt revenue allocation financing provisions as part of their urban renewal plans; WHEREAS, in order to implement the provisions ofthe Act and the Law, either the MDC may prepare a plan or any person, public or private, may submit such plan to the MDC; WHEREAS, the Meridian City Council, by way of Council resolution on August 27, 2002, accepted the Eligibility Report for the area by adoption of Resolution No. 02-385; ORDINANCE - 2 MDC REVlT PLAN ORDINANCE WHEREAS, MDC staff and consultants have undertaken the planning process during 2002; WHEREAS, all action by the MDC was conditioned upon the City Council findings of August 27,2002; WHEREAS, the MDC has prepared a proposed Meridian Revitalization Plan (the "Plan") for the areas designated as eligible for urban renewal planning; WHEREAS, such proposed Plan also contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Board considered all comment, testimony, and information submitted to the MDC during the August 21,2002, meeting; WHEREAS, on August 21, 2002, the MDC Board passed Resolution No. MDC-02-006 proposing the Meridian Revitalization Plan; WHEREAS, the MDC has, by letter of transmittal dated August 26,2002, submitted the Plan to the Mayor and City Council of Meridian; WHEREAS, the Mayor and City Clerk have taken the necessary action to process the Plan; WHEREAS, at a meeting held August 29,2002, the Meridian Planning and Zoning Commission considered the Plan and found by Resolution that the Plan is in all respects in conformity with the Comprehensive Plan; a copy of the Finding is attached hereto as Exhibit 1; WHEREAS, notice of the public hearing of the Plan was caused to be published by the Meridian City Clerk of Meridian, Idaho, in The Valley Times on September 2 and 16,2002, a copy of said notice being attached hereto as Exhibit 2; WHEREAS, as of September 4, 2002, the Plan was submitted to the affected taxing entities, available to the public, and under consideration by the City Council; WHEREAS, the City Council convened a work session with interested parties and property owners on September 17, 2002; WHEREAS, the City Council during its regular meeting of October 8, 2002, held such public hearing; ORDINANCE - 3 MDC REVIT PLAN ORDINANCE WHEREAS, as required by Idaho Code Sections 50-2905 and 50-2906, the Plan contains the following information which was made available to the general public and all taxing districts at least thirty (30) days prior to the October 8,2002, regular meeting ofthe City Council: (1) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (2) an economic feasibility study; (3) a detailed list of estimated proj ect costs; (4) 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 in the revenue allocation area; and (5) a description ofthe methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; WHEREAS, the Plan authorizes certain projects to be financed by revenue allocation bonds and proceeds from revenue allocation; WHEREAS, appropriate notice of the Plan and revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code Section 50-2906; WHEREAS, the City at its regular meeting held on October 8, 2002, did consider the Plan as proposed and made certain findings; 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 Project Area, as that term is defined in the Plan; WHEREAS, it is necessary and in the best interest of the citizens of Meridian, Idaho, to adopt the Plan, including revenue allocation financing provisions since revenue allocation will help finance urban renewal projects to be completed in accordance with the Plan (as now or hereafter amended), in order to: encourage private development in the urban renewal area; prevent and arrest decay of Meridian, Idaho, due to the inability of existing financing methods to provide needed public improvements and public parking; encourage taxing districts to cooperate in the allocation of future tax revenues arising in the urban renewal area in order to facilitate the long-term growth oftheir common tax base; encourage private investment within Meridian, Idaho; and to further the public purposes ofthe MDC; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the revenue allocation area described in Attachments 1 and 2 of the Plan is likely to increase as a result of initiation of urban renewal projects in accordance with the Plan; ORDINANCE - 4 MDC REVIT PLAN ORDINANCE 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 form 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 ofthe 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 ofthe 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 ofthe 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, the overall base assessment rolls for the various revenue allocation area cannot exceed ten percent (10%) of the Base Assessment Value of the City of Meridian; WHEREAS, the City at its regular meeting held on October 8, 2002, considered the Plan as proposed and made certain comprehensive findings; WHEREAS, any area outside the city limits of the City of Meridian can be included within an urban renewal area only if such area is annexed, or the County consents to such inclusion. ORDINANCE - 5 MDC REVIT PLAN ORDINANCE NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN: SECTION 1: It is hereby found and determined that: (a) The Project Area as defined in the Meridian Revitalization Plan is a deteriorated 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, and redevelopment of the urban renewal area pursuant to the Meridian Revitalization Plan is necessary in the interests of public health, safety, and welfare ofthe residents of the City of Meridian. (c) There continues to be a need for the MDC to function in the City of Meridian. (d) The Meridian Revitalization Plan conforms to the Comprehensive Plan of the City of Meridian. (e) The Meridian Revitalization Plan gives due consideration to the provision of adequate park and recreation areas, and facilities, that may be desirable for neighborhood improvement (recognizing the primary commercial component ofthe Meridian Revitalization Plan, the need for overall public improvements, the proposed public open space), and shows consideration for the health, safety, and welfare of any residents or businesses in the general vicinity of the urban renewal area covered by the Meridian Revitalization Plan. (f) The Meridian Revitalization Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation and redevelopment of the urban renewal area by private enterprises. (g) The Meridian Revitalization Plan provides a feasible method for relocation of any displaced families residing within the urban renewal area. (h) The base assessment roll of the project does not exceed ten percent (10%) of the assessed value of the City of Meridian. SECTION 2: The City Council finds that the Project Area and Revenue Allocation Area do not consist of predominantly open land, that the MDC does not intend to acquire any open land on any widespread basis, and that the Project Area is planned to be redeveloped in a maMer ORDINANCE - 6 MDC REVIT PLAN ORDINANCE that will include both residential and nonresidential uses. Provided, however, the City Council finds that if portions of the Project Area and Revenue Allocation Area are deemed "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that one of the Meridian Revitalization Plan objectives to increase the residential opportunity to include affordable housing does meet the sound needs of the City and will provide housing oppOltunity in an area that does not now contain such opportunity, and the portion of the Project Area which is identified for nonresidential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Meridian 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 Meridian Revitalization Plan is attached hereto as Exhibit 3 and is made a part hereof, and the same is hereby approved. The City Clerk and/or the MDC may make certain technical corrections or revisions in keeping with the information and testimony presented at the October 8, 2002, hearing. SECTION 5: The City Council declares that nothing within the Meridian Revitalization 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 plmming process, ACHD shall take into consideration the planning principles contained in the Meridian Revitalization Plan. SECTION 6: No direct or collateral action challenging the Meridian Revitalization 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 Meridian Revitalization Plan. SECTION 7: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor m1d Tax Assessor of Ada County and to the appropriate officials of Ada County Highway District (ACHD), Joint Meridian School District No.2, Ada County, Emergency Medical Services, 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 or plat indicating the boundaries of the Revenue Allocation Area. SECTION 8: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Meridian Revitalization includes that portion of the urbm1 renewal area (defined as the Project Area in the Meridian Revitalization Plan), the equalized assessed valuation of which the Council hereby determines is in and is part ofthe Meridian Revitalization ORDINANCE - 7 MDC REVIT PLAN ORDINANCE Plan is likely to continue to increase as a result of the initiation and completion of urban renewal projects pursuant to the Meridian Revitalization Plan. SECTION 9: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the MDC'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 Meridian Revitalization Plan, the City Council recognizes that it has no power to control the powers or operations of tht'" MDC. SECTION 10: That for any property outside the municipal boundaries of the City of Meridian, an agreement on the administration of the revenue allocation financing provision shall be negotiated with Ada County and formalized by a transfer of power ordinance for this Ordinance to be effective against that property. SECTION 11: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2002, to the extent permitted by the Act. SECTION 12: 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 declaration shall not affect the validity of remaining portions of this Ordinance. SECTION 13: One-half, plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days; two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one readi.i~. 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 pm1s thereof in conflict herewith are hereby repealed, rescinded and mmulled. 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, on this Jvd.. day of ),--9ctober, 2002. Mceht~ ORDINANCE - 8 MDC REV IT PLAN ORDINANCE d- .Ject?rn.6.e--u APPROVED by the Mayor ofthe City of Meridian, Idaho, on this :3 h day of Oet:ebcl', 2002. ~~ Attest: '" /,1' !j. ~ ) /,7 ",___".<' .(;{ te:- CIty Clerk . _ , -p~ ~ First Reading: /:Z - -:$ -- C'2--- %. '70 v,sr 181 . '" .f? j Adopted after first reading by susP~fff1e9. tb,''''' ,~~~$:'aIlowed pursuant to Idaho Code 50-902 Yes: )( I 1."",,?t,,.,m:., ,'\\\\\. .. J ":' " ", ,I ~ I f" , ' Second Reading: '1," . Third Reading: STATE OF IDAHO) ss. County of Ada. ) Q rd f\ n . On this 0 day of I..J-CChvvlltCh.,J , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, r have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) $""""00 o.p~ON S~QQQ Q<>-o.:J__-::'_--. 9"" ~....~- ....Ah.....'.);'Q 11~~,~ 0 .,.- ~J.. ,'{~ oCQt ~ \ '0 Q I \ ~ D : I l!l ~ I 3 : '0 \ 1 Q (I \. C ~- Q >:> ~ ,..ft.1.BL,\!..~~OQQ Q~ ~.;.:.---.rl"I~(> ~q-"'".,(.l:!OF ~.;.<> ~titflllll~o.\lI\lI ~ hCULuY( ~'ru~t~ NOTARY PUBLIC FOR IDAHO , RESIDING AT: Acto( {t.U~;;t1; jc(cJ.LtJ MY COMMISSION EXPIRES: L{ - 28"-05' ORDINANCE - 9 MDC REVIT PLAN ORDINANCE CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. C7 2-f'~lsed by the City Council of the City of Meridian, on the 3 hd./ day of ~'tYel}JbtJ, 2002, is a true and correct copy of the original of said document which is in the care, custody and control ofthe City Clerk of the City of Meridian. x\ \ \' 11 III It 11",/ ,\' f f!.t!/i.:u-,,, 1,/ ,:~.\\ ~ 0 fin'-'lf/1l. ;........./. ~ 0 ""4A, ~ ~I f (j cprrJ'oFti h "Y '? ~ /,1,'1 [~ "'0 \ '~M/~I~ ~ SEAL ~ WILLIAM G. BERG, JR. , ~;'~ ~ € ST ATE OF ID:&Z<!.,l:bQusr 15"( . '\ '!r.f!j J,J,~, . ~ "", ',tllll su,\\'T'i.. \,\' C fAd )fIJlitnt,~ fHU\\\\\ ounty 0 a, On this ~ytl day of lJeCl,wv\rUv , in d,e year 2002, before me, ~h il.Jlfv1 (~t'VLA:-.HA..J , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) 'iiOllHIDOO Q~ ON SJi~r;, ooo~oi~~~';~\~~ :Wf~ -.;;. '~~ o , \ 0 P : 1 0 tI \ I 0 tI " : I:i1 "; \. ,r 1:!C'1 ~9 ~~"'..fom.\<1-:~$o <> :(}. ?>;.---- ..<'I 'i">: 9 Qo~"..t$ OF ~ Q4> Q-lJtlt3",p.1ll ~haJIvY1~}U~ Notary Public for Idaho if Commission Expires: '1 - 2 f ~o C; Z:\ W ork\M\Meridian\Merid ian] 53 60M\Ord inancesCity Hal1\2002 ORD\CertOfClkRevitPlanOrd inance.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN Exhibit 1 RECOMMENDATION FINDING THE MERIDIAN REVITALIZATION PLAN IN CONFORMITY WITH COMPREHENSIVE PLAN ORDINANCE - 10 MDC REVIT PLAN ORDINANCE . ( RECOMMENDA TION OF THE MERIDIAN PLANNING AND ZONING COl\1MISSION RELATING TO THE MERIDIAN REVITALIZATION PLAN FOR THE CITY OF MERIDIAN WHEREAS, the Meridian Development Corporation, the duly constituted and authorized urban renewal agency of the City of Meridian, Idaho (hereinafter "MDC"), has submitted a proposed Urban Renewal Plan entitled IlMeridian Revitalization Plant' (the IIPlant') to the City of Meridian and the City Council, and the Mayor has referred the Plan to the Meridian Planning and Zoning Commission for review and recommendations concerning the conformity of said Plan with the general plan for the development of the community known as the Comprehensive Plan of the City of Meridian; WHEREAS, the staff of the Meridian Planning and Zoning Department has reviewed said Plan and has determined that it is in all respects in conformity with the Comprehensive Plan adopted August 6, 2002; WHEREAS, the Meridian Planning and Zoning Commission met on the '2. 9 t-h.;day of .AtI C}tl ~t ' 2002, to consider the Plan; WHEREAS, the Meridian Planning and Zoning Commission has reviewed said Plan in view of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNJNG AND ZONING CUMMISSION OF TIlE CITY OF 1v1ERIDIAN, IDAHO: Section 1. That the Plan, submitted by the MDC and referred to this Commission by the City Council for review, is in all respects in conformity with the Comprehensive Plan. Section 2. That the City Clerk be and hereby is authorized and directed to provide the Meridian City Council with a certified copy of this Recommendation relating to said Plan. Section 3. That this Recommendation shall be in full force and effect immediately upon its adoption and approval. PASSED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 2- '1 th day of ,Atltj-u st , 2002. . Altest:JhM Sharon Smith - Deputy City Clerk ~<7ft -&u;~ Kei ~QrnpIJ~ainnan Pl~Hi~~fuMtai~(trg Commission ", :Z'" q~ ~"'... .:t' c} oPpofL.1)': 1>~-::.. ~ .!iV (:;0 ... ~ ~ -;. E ~ Exhibit 2 NOTICE PUBLISHED IN THE VALLEY TIMES ORDINANCE - 11 MDC REVIT PLAN ORDINANCE NOTICE OF PUBLIC HEARING Notice is hereby given that the Meridian City Council, will hold, during its regular meeting of October 8, 2002, at 7:00 o'clock p.m., a public hearing in the City Council Chambers, City Hall, 33 East Idaho Avenue, Meridian, Idaho, to consider an ordinance approving the Meridian Revitalization Plan (the "Plan"), of the Meridian Development Corporation (the "MDC"). The boundaries of the Plan area and Project area are generally described below. The Plan proposes that the MDC undertake urban renewal activities pursuant to the Idaho Urban Renewal Law of ]965, as amended, Chapter 20, Title 50, Idaho Code (the "Law"). The Plan being considered for adoption contains a revenue allocation tlnancing provision pursuant to the L oca] Economic D eve]opment A ct of 1988, as amended, Chapter 29, Title 50, Idaho Code (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 base assessment roll as of January 1, 2002, to be allocated to the MDC for urban renewal purposes. The general scope and objectives of the Plan are: (a) the elimination of environmental deficiencies in the Project Area, including, among others, obsolete and aged building types, and inadequate public improvements and facilities; (b) the assembly of land into parcels suitable for modern, integrated development with appropriate setbacks, parking, pedestrian, and vehicular circulation in the Project Area; (c) the re-planning, redesign, and development of undeveloped and underdeveloped areas which are stagnant or improperly utilized; (d) the strengthening of the economic base of the Project Area and the community by the installation of needed public improvements and facilities to stimulate new commercial expansion, employment, and economic growth; (e) 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; (t) the strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Revenue Allocation Area and the Project Area as a whole, and benetlting the various taxing districts in which the Project Area is located; and (g) the creating of open plazas, civic buildings, gateway entries, and the like. Any such land uses as described in the Plan will be in conformance with the Comprehensive Plan of the City of Meridian. Land made available will be developed by private enterprises or public agencies as authorized by law. The Plan defmes various public and private improvements which may be made within the Meridian Revitalization area. The Plan Area and Project Area herein referred to are located as follows: An area consisting of 660 acres with boundaries of the 1-84 freeway on the south, Cherry Lane/Fairview on the north, 4th Street on the west, and Five Mile Creek on the east. The Revenue Allocation Area will consist of all of the Project Area (see map below). -- 1 -- (Mcridian\Hearing Notice/Plan/City Council) 4 U ~\~LJ' I -KLJhJ ld-Ll). t-- ::E T~'\ S \'::: He-de I 'f 1=:1 ~ l [l Lf-l ~ ',--'i~: ~=~ ~c >--65 - "'''"JLL !/~1t - - t H- ~it::[~ ~ f= ~ ! t: <jM~~~~. Ef II ~h ~ J' t ~-I '-- I- Tl ftl- l- ~ IY1: 8= g ;~ rrr:: I - ntEtHB ~ H H m1 ~ j: - ~r~~~,~9 .'/ f- }~ ~ I'\{ ......r-- .-- f-l..1.,.-- I "''\\:\J DIJ' :::: 'HT7\Y.s::. '" I IT I 1111 C lJ :: H"-. <nr, =rn = ~H mll~H rc 1+ rrn ~l-JJ_~~ 1/ I-UI1IUI~III!\R l~j 1= ~QECillJcm;~,iln~ -~~~,\tt ~ ~ II t=~~=~~'~~~~~~;$71 iIt 111/! II II II j L ~ EIllII [[IIIIJ [[]]8 DTIill rm \;...,-.- Dint::-j ~ ' ~ W * 1'1 ~ U I, ~ ~~ tE @ ~iiUill8JHB1111 ffiilj lJff I I _ ~ tDlh' Ilil fliltlt1 tt t m ~IHI:EHf~ ' , " ~ 8tB Itffil Eliffi II! ~ V ~~ ~y I I 1IB~~~ag~ RBR~=- I - LuDJJIITJ ,'I I hl ", ~ ;;; ~ illill ff1Iil ~ ' e+- ~ H r= - ~ J c-- 9 fi!ttlffiH!j", - - ~ I- f- f- 1 j I~ l. I 'I '= ~~~ r; ,t - : ~ ,," t ~[I J ~ "'@j ~ c \ ~:= JL ~~ H"""""~~~J- _ /,~~ > "" "-; \ I~ - ~- I~rr - ~ -I~ -~ ,~~ I II ~ I ~~ ^~ ~: I;'i r -. ~ r=H I ~ I \ I ~~ -' '5:]'" \ I I I ~L - '~~\ I 1~t7~~~1 I. ~" II II \ I : I r I!I!/Dy\ \ I~-I E~ ~~ 1IIIIf ~ 104 rnTl fH '\ The Project Area contains certain property beyond the municipal boundary of the City 0 f Meridian, but within the area of impact of the City. The Plan will be effective against such property only if an agreement on the administration of the revenue allocation funding provision is reached with Ada County. Copies of the proposed Plan are on ti]e for review and public inspection at offices of the City Clerk, City Hall, 33 East Idaho Street, Meridian, Idaho, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. At the time and place noted above, all persons interested in the above matter may appear and be heard. Written comments wiII also be accepted until 5:00 p.m., October 3, 2002. ConWlents should be directed to the City Clerk. Individua]s desiring accommodation for disabilities related to documents and/or hearings, please contact the City at (208) 888-4433, at least 48 hours prior to the public meeting. BY: DATED This 30th day of August, 2002. Publish: September 2, and l6, 2002. -- 3 -- (Meridian\Hearing Notice/Plan/City Council) Exhibit 3 MERIDIAN REVIT ALIZA nON PLAN ORDINANCE - 12 MDC REVlT PLAN ORDINANCE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as the Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. 02-987 Adopted December 3,2002 Effective December 3,2002 G~1JUDY\WPDAT A\}.faidilln URA\URP....."Pd T ABLE OF CONTENTS Page SECTION 100 INTRODUCTION ...... . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . , . . . . . 1 SECTION 101 GENERAL PROCEDURES OF THE AGENCY ......... . . . . 3 SECTION 102 PROVISIONS NECESSARY TO :MEET STATE AND LOCAL REQUIREMENTS ............................. 4 SECTION 102.1 CONFORMANCE WITH STATE OF IDAHO URBAN RENEWAL LAW OF 1965, AS AMENDED .. 4 SECTION 103 HISTORY AD CURRENT CONDITIONS .................4 SECTION 104 PURPOSE OF ACTIVITIES ............................ 4 SECTION 200 DESCRIPTION OF PROJECT AREA .....,...................,. 5 SECTION 300 PROPOSED REDEVELOP:MENT ACTIONS .. . . . . . . . . . . . . . . . . . . . 5 SECTION 301 GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . 5 SECTION 302 URBAN RENEWAL PLAN OBJECTIVES ....... . . . . , . . . , . 6 SECTION 303 P ARTICIP A TION OPPORTUNITIES AND AGREE:MENT . . . . 8 SECTION 303.1 PARTIClPATION AGREE:MENTS .................8 SECTION 304 COOPERATIONWITHPUBUCBODIES .................9 SECTION 305 PROPERTY ACQUISITION. . . . . . . . . , . , . . . . . . . . . . . . . . . . 10 SECTION 305.1 REAL PROPERTY ....... . . . . . . . . . . . . . . . . . , . . . . 10 SECTION 305.2 PERSONAL PROPERTY ..... . . . . . . . . . . . . . . . . . . . 11 SECTION 306 PROPERTY MANAGEMENT ......................... .12 SECTION 307 RELOCATION OF PERSONS (INCLUDING INDIVIDUALS AND FAMILIES), BUSINESS CONCERNS, AND OTHERS DISPLACED BY THE PROJECT ....................... 12 - 1 - SECTION 308 DEMOLITION, CLEARANCE, AND BUILDING SITE PREPARATION "."..............................., 13 SECTION 308.1 DEMOLITION AND CLEARANCE ............... 13 SECTION 308.2 PREPARATION OF BUILDING SITES ..,......... 13 SECTION 309 PROPERTY DISPOSITION AND DEVELOPMENT ... . . . . . 13 SECTION 309.1 REAL PROPERTY DISPOSITION AND DEVELOPMENT ,............................. 13 SECTION 309.1(A) GENERAL...................,........., 13 SECTION 309.1(B) DISPOSITION AND DEVELOPMENT DOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION309.1(C) DEVELOPMENTBYTHEMDC........... .15 SECTION 309.1(D) DEVELOPMENT PLANS ................. 17 SECTION 310 PERSONAL PROPERTY DISPOSITION ................. 17 SECTION 311 REHABILITATION AND CONSERVATION. . . . . . . . . . . . . . 17 SECTION 312 PARTICIPATION WITH PRIVATE OR PUBUC DEVELOPMENT .................................... 17 SECTION 313 CONFORMING OWNERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 400 USES PERMITTED IN THE PROJECT AREA.................. .18 SECTION 401 REDEVELOPMENT PLAN MAP AND DEVELOPMENT STRATEGY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 402 DESIGNATEDLANDUSES .......................... .18 SECTION 402.1 COivIMERCIAL USES ..........................18 SECTION 402.2 RESIDENTIAL USES, ...... ... ., .. ..,.... ... ...18 SECTION 403 OTHER LAND USES .. . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 18 - 11 - SECTION 403.1 PUBLICRIGIITS-OF-WAY..................... .18 SECTION 403.2 OTHER PUBLIC, SEMI-PUBLIC, INSTITUTIONAL, AND NONPROFIT USES. . . . . . . . . . . . . . . . . . . . . . . . 19 SECTION 403.3 INTERIM USES ............................... 19 SECTION 404 GENERAL CONTROLS AND LIMITATIONS . . . . . . . . . . , . . 20 SECTION 404.1 CONSTRUCTION.............................. 20 SECTION 404.2 REHABILITATION AND RETENTION OF PROPERTIES.................................20 SECTION 404.3 LIMITATION ON TYPE, SIZE, AND HEIGHT OF BUILDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 404.4 OPEN SPACES, LANDSCAPING, LIGHT, AIR, AND PRIVACY ............................... 20 SECTION 404.5 SIGNS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION 404.6 UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION 404.7 INCOrvIPATIBLE USES... .. .. . .... .. ... ... .....21 SECTION 404.8 NONDISCRIMINATION AND NONSEGREGA TION . 21 SECTION 404.9 SUBDIVISION OF PARCELS. . . . . . . . . . . . . . . . . . . . 21 SECTION 404.10 MINOR VARIATIONS.......................... 21 SECTION 404.11 OFF-STREET LOADING . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 404.12 OFF-STREET PARKING ........................ 22 SECTION 405 DESIGN FOR DEVELOPMENT ........................ 22 SECTION 405.1 DESIGN GUIDELINES FOR DEVELOPMENT . . . . . . 22 - Hi - SECTION 405.2 DESIGN GUIDELINES FOR DEVELOPMENT UNDER A DISPOSITION AND DEVELOPMENT AGREEMENT OR OWNER P ARTICIP A TION AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECTION 500 METHODS OF FINANCING THE PROJECT. . . . . . . . . . . . . . . . . . . . 23 SECTION 501 GENERAL DESCRIPTION OF THE PROPOSED FINANCING METHOD ............................... 23 SECTION 502 REVENUE BOND FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 SECTION 503 OTHER LOANS AND GRANTS . . . . . . . . . . . . . . . . . . . . . . . . 24 SECTION 504 REVENUE ALLOCATION FINANCING PROVISIONS ..... 24 SECTION 504.1 SECTION 504.2 SECTION 504.3 SECTION 504.4 SECTION 504.5 SECTION 504.6 SECTION 504.7 SECTION 504.8 SECTION 504.9 SECTION 600 ECON01V1IC FEASIBillTY STUDY . . . . . . . . . . . . . . . 25 ASSUMPTIONS AND CONDITIONS/ ECON01V1IC FEASIBILITY STATEMENT. . . . . . . . . . . . . . . . . . . . . 25 TEN PERCENT LIMITATION . . . . . . . . . . . . . . . . . . . . 26 FINANCIAL LIMITATION ......................26 REBATE OF REVENUE ALLOCATION FUNDS .... 27 PARTICIPATION WITH LOCAL IMPROVEMENT DISTRICTS.... ... ..... .. , . .. . ... .. .. .. .... ...27 ISSUANCE OF DEBT AND DEBT LIMITATION .... 28 IMPACT ON OTHER TAXING DISTRICTS AND LEVY RATE ............................. 28 LEASE REVENUE BONDS . . . . . . . . . . . . . . . . . . . . . . 28 ACTIONS BY THE CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SECTION 700 ENFORCEMENT .......................................... 30 SECTION 800 DURATION OF THIS PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 - IV - SECTION 900 SECTION 1000 SECTION 1100 PROCEDURE FOR AMENDtvIENT ..............,............ 31 SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 ANNUAL REPORT ........................................ 31 -v- Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 LIST OF A IT ACHMENTS Description of the Project Area and Revenue Allocation Area Boundaries Project Area-Revenue Allocation Area Boundary Map Private Properties Which May Be Acquired by:tv1DC Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area Economic Feasibility Study, Meridian Urban Renewal Area - vi - 1 MERIDIAN REVIT ALIZA TION PLAN MERIDIAN URBAN RENEWAL AGENCY (also known as the Meridian Development Corporation) SECTION 100 INTRODUCTION This is the Meridian Revitalization Plan (the "Plan") for the Meridian Area Project (the "Project") in the City of Meridian (the "City"), County of Ada, State of Idaho, and consists of the text contained herein and the following attachments: Description of the Project Area and Revenue Allocation Area Boundaries (Attachment 1); Project Area-Revenue Allocation Area Boundary Map (Attachment 2); Private Properties Which May Be Acquired by:MDC (Attachment 3); Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area (Attachment 4); Economic Feasibility Study for the Meridian Urban Renewal Area (Attachment 5). The term "Project" is used herein to describe the overall activities defined in this Plan and conforms with the statutory definition of "urban renewal project." Reference is specifically made to Idaho Code Section 50-2018(j) 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 term "Project" is not meant to refer to a specific activity or development scheme. This Plan was prepared by consultants and staff of the Meridian Urban Renewal Agency, also known as the Meridian Development Corporation (the ":MDC"), reviewed and recommended by the :rvrnC Board of Commissioners, pursuant to the State of Idaho Urban Renewal Law, chapter 20, title 50, Idaho Code (the "Law"); the Local Economic Development Act, chapter 20, title 50, Idaho Code (the "Act"); and all applicable local laws and ordinances. The proposed redevelopment of the Project Area as described in this Plan conforms to the Comprehensive Plan of the City of Meridian, as adopted by the City Council on August 6, 2002. The:MDC may create several planning documents that generally describe the overall Project and identify certain specific public and private capital improvement projects. Because of the changing nature of the Project, these documents, by necessity, must be dynamic and flexible. The :rvrnC anticipates that these documents will be modified as circumstances warrant. Any modification, however, shall not be deemed as an amendment of this Plan. No modification will 1 - August 23, 2002 (l2:43PM) 2 be deemed effective if it is in conflict with this Plan. The planning documents are purposely flexible and do not constitute specific portions of the Plan. Provided, however, prior to the adoption of any planning document or proposed modification to any planning document, the :rvIDC shall notify the City and publish a public notice of such proposed modification at least thirty (30) days prior to the consideration of such proposed modification, thus providing the City and any other interested person or entity an opportunity to comment on said proposed modification. The:rvIDC Board shall consider any such comments and determine whether to adopt the modification. The planning documents apply to redevelopment activity within the Project Area as described herein. In the event of any conflict between this Plan and the appended documents, the provisions of this Plan shall control. The:rvIDC intends to rely heavily on certain design standards to be adopted by the City which will cover most, if not all, of the Project Area. Those design standards, as of the effective date of this Plan, remain under discussion by the City and the City Planning and Zoning Commission. This Plan provides the :rvIDC with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project (the "Project Area"). The 11DC retains all powers allowed by the Law and Act. Because of the long-term nature of this Plan and the need to retain in the 11DC flexibility to respond to market and economic conditions, property owner and developer interests, and opportunities from time to time presented for redevelopment, this Plan does not present a precise plan or establish specific projects for the redevelopment, rehabilitation, and revitalization of any area within the Project Area, nor does this Plan present specific proposals in an attempt to solve or alleviate the concerns and problems of the community relating to the Project Area. Instead, this Plan presents a process and a basic framework within which specific plans will be presented, specific projects will be established, and specific solutions will be proposed, and by which tools are provided to the :rvIDC to fashion, develop, and proceed with such specific plans, projects, and solutions. Implementation of this Plan will require public co-investment to help stimulate desired private development. Typically, the public will fund enhanced public facilities like streets, sidewalks, parking garages, parks, public buildings such as City Hall, or plazas which, in turn, create an attractive setting for adjacent private investment in office, retail, housing or hotels, entertainment and convention-related facilities. The particular projects or redevelopment projects by private entities described herein are not intended to be an exclusive or exhaustive list of potential redevelopment activity. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The purposes of the Law and Act that will be attained through and the major goals of this Plan are: (a) the elimination of environmental deficiencies in the Project Area, including, among others, obsolete and aged building types, and inadequate public improvements and facilities; 2- August 23.2002 (l2:43PM) 3 (b) the assembly of land into parcels suitable for modern, integrated development with appropriate setbacks, parking, pedestrian, and vehicular circulation in the Project Area; (c) the replanning, redesign, and development of undeveloped and underdeveloped areas which are stagnant or improperly utilized; (d) the strengthening of the economic base of the Project Area and the community by the installation of needed public improvements and facilities to stimulate new commercial expansion, employment, and economic growth; (e) 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; (f) the strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Revenue Allocation Area and the Project Area as a whole, and benefiting the various taxing districts in which the Project Area is located; and (g) the creating of open plazas, civic buildings, gateway entries, and the like. SECTION 101 GENERAL PROCEDURES OF THE AGENCY The MDC is a public body, corporate and politic, as defined and described under the Law and the Act. The MDC is also governed by its bylaws as authorized by the Law and adopted by the MDC. Under the Law, the:MDC is governed by the Idaho open meeting law, the Public Records Act, the Ethics in Government Act, financial reporting requirements, and the competitive bidding requirements under Idaho Code Section 50-341. Generally, the MDC 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. Whenever in this Plan it is stated that the MDC may modify, change, or adopt certain policy statements or contents of this Plan not requiring a formal amendment to the Plan as required by the Law or the Act, it shall be deemed to mean a consideration by the Board of such policy or procedure, duly noticed upon the:MDC meeting agenda and considered by the MDC at an open public meeting and adopted by a majority of the members present, constituting a quorum, unless any provision herein provides otherwise. 3 - August 23, 2002 (l2:43PM) 4 SECTION 102 PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIRE:MENTS SECTION 102.1 CONFORMANCE WITH STATE OF IDAHO URBAN RENEWAL LAW OF 1965. AS A:MENDED The laws of the State of Idaho allow for an urban renewal plan to be submitted by any interested person or entity in an area certified as an Urban Renewal Area by the Meridian City Council. The original Project Area was certified by the Meridian City Council by Resolution 01-367 on July 24,2001. The eligible area was modified by the inclusion of an additional and revised area through the adoption of Resolution No. _ on _, In accordance with the Idaho Urban Renewal Law of 1965 this Plan was submitted to the Planning and Zoning Commission of the City of Meridian. After consideration of the Plan, the Commission filed its recommendation with the City Council stating that this Plan is in conformity with the Comprehensive Plan of the City of Meridian. SECTION 103 HISTORY AND CURRENT CONDITIONS Much of the Project Area was the subject of a Treasure Valley Futures Study, entitled "Old Town Meridian Project," encompassing what is referred to as the "Blue Zone" in the Economic Feasibility Study, Attachment 5. Similarly, much of the Blue Zone has been the subject of the Downtown Core Existing Conditions Report. Both the Treasure Valley Futures Study and the Downtown Core Existing Conditions Report are background documents available as an appendix to the Plan. Particularly, several properties in the Blue Zone provide a link to the City's historic culture. SECTION 104 PURPOSE OF ACTIVITIES The description of activities, public improvements, and the estimated costs of those items are intended to create an outside limit of the NIDC's activity. The NIDC reserves the right to change amounts from one category to another, as long as the overall total amount estimated is not substantially exceeded. The items and amounts are not intended to relate to anyone particular development, developer, or owner. Rather, the NIDC intends to discuss and negotiate with any owner or developer who seeks lvIDC assistance. During such negotiation, the NIDC will determine, on an individual basis, the eligibility of the activities sought for lvIDC funding, the amount the NIDC may fund by way of percentage or other criteria. The MDC will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. The MDC also reserves the right to establish by way of policy, its funding percentage or participation, which would apply to all developers and owners. The activities listed in Attachment 5 are also prioritized by way of importance to the MDC by the amounts funded, and by year of funding, with earlier years reflecting the more important activities. As required by the Law and Act, the NIDC will adopt more specific budgets annually. 4- August 23, 2002 (12:43PM) 5 The MDC reserves the right to prioritize the several projects described in this Plan. The MDC reserves the right to retain its flexibility in funding the various activities. SECTION 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and of the Revenue Allocation Area are described in Attachment 1, which is attached hereto and incorporated herein by reference, and are shown on the Project Area and Revenue Allocation Area Boundary Map, attached hereto as Attachment 2 and incorporated herein by reference. The Project Area includes several parcels of property which are located outside the geographical boundaries of the City but within the City's impact area. Under the Law and Act, for this Plan to be effective over such properties, an agreement must be entered into with Ada County. SECTION 300 PROPOSED REDEVELOPMENT ACTIONS SECTION 301 GENERAL The MDC proposes to eliminate and prevent the spread of blight and deterioration in the Project Area by: 1. The acquisition of certain real property; 2. The demolition or removal of certain buildings and improvements for public rights-of-way for streets, utilities, walkways, and other improvements for public facility building sites, to eliminate unhealthful, insanitary, or unsafe conditions, improve density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration; 3. The provision for participation by property owners within the Project Area; 4. The management of any property acquired by any under the ownership and control of the tvIDC; 5. The provision for relocation assistance to displaced Project occupants, as required by law; 6. The installation, construction, or reconstruction of streets, utilities including electrical distribution and transmission lines in underground configuration, if needed to encourage new developments of fiber optic systems, parking facilities, and other public improvements, including, but not limited to, irrigation and drainage laterals and ditches, storm drain systems, walkways, public civic center, and improvements to railroad tracks and property; 5 ~ August 23,2002 (l2:43PM) 6 7. The disposition of property for uses in accordance with this Plan; 8. The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; 9. The rehabilitation of structures and improvements by present owners, their successors, and the MDC; 10. The preparation and assembly of adequate sites for the development and construction of facilities for commercial, retail, entertainment, lodging, and governmental uses; 11. To the extent allowed by law, lend or invest federal funds to facilitate redevelopment; and 12. The construction of foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights, sites for buildings to be used for residential, commercial, industrial, and other uses contemplated by the Plan, and to provide utilities to the development site. In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan, the iMDC is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by law. SECTION 302 URBAN RENEWAL PLAN OBJECTIVES Urban renewal action is necessary in the Project Area to combat problems of physical blight and economic underdevelopment. The Project Area consists of 660 acres with boundaries of the 1-84 freeway on the south, Cherry LanelFairview on the north, 4th Street on the west, and Five Mile Creek on the east. The area has a history of a slow-growing tax base primarily attributed to inadequate and deteriorating public improvements and facilities, poorly maintained properties, undeveloped and underdeveloped properties, diverse property ownership, and other deteriorating factors. Hence, the Plan for the Project Area is a proposal for public improvements and facilities to: provide an improved environment for new commercial and residential developments; eliminate unsafe conditions; assist potential owner participation and other developers to create appropriate development sites through parceIization of existing larger parcels and, where necessary, through acquisition, demolition, and disposition activities; and otherwise prevent the extension of blight and deterioration and reverse the deteriorating action of the area. The streets or irrigation or drainage ditches or laterals to be vacated or relocated will create additional building area for retail, commercial, office, or public use. Any such vacations 6- August 23, 2002 (I 2:43PM) 7 or relocations must be requested from the Ada County Highway District (the "ACHD") or other agency having jurisdiction over the particular public right-of-way. Air rights and subterranean rights may be disposed of for any pennitted use within the Project Area boundaries. Acquisition of any interest in real property may be utilized by the MDC when and if necessary to promote redevelopment in accordance with the objectives of the Plan. Temporary project improvement shall be provided to facilitate adequate vehicular and pedestrian circulation. Improve transit opportunities throughout the Urban Renewal Area. MDC may participate in the cost of removal of extraordinary site conditions. A further objective of the Plan is to provide for the acquisition and clearance of property to be used for other public facilities. Off-street parking facilities will be developed to serve new commercial uses within the Project Area. Over the life of the Plan, land use in the Project Area will be modified to the extent that buildings currently vacant and land underdeveloped will be converted to residential, lodging, commercial, retail, office, public and private parking, and public/semi- public uses. 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 confonn to those standards specified in Section 303.1 of this Plan. It is recognized that the ACHD has exclusive jurisdiction over all public rights-of-way within the Project Area, except for state highways. Nothing in this Plan shall be construed to alter the powers of the ACHD 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. Transfonning 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. 1. Initiate simultaneous projects designed to revitalize the Project Area. From sidewalk improvements to significant new development, the :NIDC plans a key role in creating the necessary momentum to get and keep things going. 2. Secure certain public open space in critical areas, primarily in the Blue Zone or any Yellow Zone. This open space will greatly increase property 7- August 23.2002 (12:43PM) 8 values adjacent to it and greatly contribute to a new sense of place (<<placemaking"). 3. Develop new office buildings and public civic buildings, while providing a link to the City's historic culture. 4. Pursue development across all land-use sectors simultaneously. Without direct public intervention, much of the Project Area could conceivably remain unchanged for the next several years. Success will come through numerous public-private partnerships-no single developer will save the day. The Plan creates the necessary flexible framework for the Project Area to capture a share of Meridian's growing population and economy. SECTION 303 PARTICIPATION OPPORTUNITIES AND AGREEMENT SECTION 303.1 PARTICIPATION AGREEMENTS The MDC shall enter into an owner participation agreement with any existing or future owner of property, in the event the property owner seeks and/or receives assistance from the MDC in the redevelopment of the property. In that event, the MDC may allow for an existing or future owner of property to remove his property and/or structure from future MDC acquisition subject to entering into an owner participation agreement. Each structure and building in the Project Area to be rehabilitated or new projects to be constructed as a condition of the owner participation agreement between the MDC and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed, and the MDC will so certify, if the rehabilitated or new structure meets the following standards: (a) Executed owner participation agreements meet the conditions described below. (b) Any such property within the Project Area shall be required to conform to all applicable provisions, requirements, and regulations of this Plan. Upon completion of any rehabilitation or new development, 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 which will continue throughout an estimated useful life for a minimum of twenty (20) years. (c) All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated in conformity with all applicable codes and ordinances of the City of Meridian. (d) Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan. 8 - August 23. 2002 (12:43PM) 9 (e) Any new construction shall also conform to all applicable codes and ordinances of the City of Meridian. In such participation agreements, participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties, whether or not a participant enters into a participation agreement with the MDC, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the MDC in accordance with Section 307 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: 1. Encouraging established businesses to revitalize deteriorating areas of their parcels and to incorporate elements of the Plan such as street trees and sidewalk treatments to accelerate the enhancement of the street environment in the Plan area. 2. Subject to the limitations of the Law and the Act, providing incentives to existing business owners to encourage continued utilization and expansion of existing permitted uses to prevent properties from falling into disuse, a proliferation of vacant and deteriorated parcels and a reduction in downtown employment. 3. Allowing existing nonconforming uses to continue in accordance with City regulations and to accommodate improvements and expansions allowed by City regulations. 4. Subject to the limitations of the 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 over the planning horizon. SECTION 304 COOPERA TION 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 MDC 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. 9- August 23, 2002 (l2:43PM) i I 10 The NIDC may impose on all public bodies the planning and design controls contained in this Plan to insure that present uses and any future development by public bodies will conform to the requirements of this Plan, provided, however, ACHD has exclusive jurisdiction over ACHD streets. The NIDC is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements within the Project Area. The NIDC specifically intends to cooperate to the extent allowable by law with the City of Meridian, the State of Idaho, and the ACHD for the construction and reconstruction of public improvements and facilities, including a public civic center. Specifically, the NIDC intends to address traffic issues in the urban renewal area with the ACHD. The NIDC seeks to provide input, guidance, and financial assistance, if available, to improve traffic flow, roadway/access improvements, streetscapes, and related traffic issues. The Agency also intends to cooperate with local transit authorities to improve transit and other transportation opportunities in the Urban Renewal Area. The NIDC, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The MDC, however, will seek the cooperation of all public bodies that own or intend to acquire property in the Project Area. Any public body that owns or leases property in the Project Area will be afforded all the privileges of an owner participant if such public body is willing to enter into a participation agreement with the NIDC. All plans for development of property in the Project Area by a public body shall comply with the provisions of this Plan. SECTION 305 PROPERTY ACQUISITION SECTION 305.1 REAL PROPERTY Only as specifically authorized herein, the NIDC may acquire, 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 improvement should be acquired to eliminate or mitigate the deteriorated or deteriorating conditions, and as otherwise allowed by law. The acquisition shall be by any means authorized by law (including, but not limited to, the Idaho Urban Renewal Law, the Local Economic Development Law, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). The:MDC 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:MDC shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performed under the agreement. Generally, the MDC 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, or for the assembly of properties for the redevelopment of those properties to achieve the objectives of this Plan. Such properties may include properties owned by private parties or public entities. This Plan does not anticipate the MDC's widespread use of its resources for property acquisition, except for the construction of 10- August 23.2002 (l2:43PM) 11 public improvements and any ability to engage in certain demonstration projects, such as gateway enhancement opportunities and other major objectives outlined in this Plan, including public civic center and "gateway areas, primarily in the Yellow Zone and Blue Zone. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the IvIDC to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method. The IvIDC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alteration, improvement, modernization, or rehabilitation; (b) the site or lot on which the building is situated requires modification in size, shape, or use; (c) it is necessary to impose upon such property any of the controls, limitations, restrictions, and requirements of this Plan and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan; or (d) the site or portion thereof is necessary for public improvements. The purpose of this section is to allow the:MDC to use its eminent domain authority to acquire properties necessary for the construction of public improvements or for acquisition of those sites that are deteriorated or deteriorating as described above. 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 S 50-2018(1). The lvIDC has identified several parcels for acquisition for the construction of public improvements. Those parcels are contained within Attachments 4 and 5. The IvIDC also intends to acquire property for the purpose of developing public parking structures, public open space, and to enhance the opportunity for other uses. At the present time, the:MDC cannot specifically identify which parcels may be necessary for acquisition for the parking structures or for site assembly for private development. The IvIDC reserves the right to determine which properties, if any, should be acquired. Generally, the :MDC will invoke its acquisition authority only for the elimination or mitigation of deteriorated or deteriorating buildings, structures, or properties in order to enhance the gateway areas to the project area. SECTION 305.2 PERSONAL PROPERTY Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan and where allowed by law, the :MDC is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain. For purposes of this Plan, acquisition of certain permanent fixtures or improvements upon real property shall be governed by this section. The lvIDC retains the right to purchase those fixtures or improvements (including buildings) for the purpose of eliminating certain deteriorated or deteriorating structures to facilitate the redevelopment of the real property upon which the buildings and structures are located. Such acquisition shall be based upon appraised value of the structures and negotiation with the owner of the structures. The:MDC shall take into account, before 11- August 23.2002 (l2:43PM) 12 committing to such acquisition, any environmental or other liability present or potentially present in such structures. In the event, the MDC determines to acquire such property, it shall do so upon the successful negotiation of an owner participation agreement in compliance with the terms of Section 303.1 of this Plan. In addition, such owner shall commit to the redevelopment of the real property and to maintain the real property in a safe and clean manner. The MDC shall acquire such property by way of any acceptable conveyance. SECTION 306 PROPERTY MANAGEMENT During such time such property, if any, in the Project Area is owned by the MDC, such property shall be under the management and control of the MDC. Such property may be rented or leased by the MDC pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the MDC may adopt. SECTION 307 RELOCATION OF PERSONS (INCLUDING INDIVIDUALS AND FAMILIES). BUSINESS CONCERNS, AND OTHERS DISPLACED BY THE PROJECT If the MDC receives federal funds for real estate acquisition and relocation, the MDC 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 MDC may also undertake relocation activities for those not entitled to benefit under federal law as the MDC may deem appropriate for which funds are available. The MDC's activities should not result in the displacement of families within the area. In the event the MDC's activities result in displacement, the MDC shall compensate such residents by providing reasonable moving expenses into decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families. For any other activity, the MDC will comply with the provisions of the Idaho Urban Renewal Law regarding relocation. The MDC 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 MDC 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. The intent of this section is to allow the MDC sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump sum per case basis. The MDC may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the MDC to achieve the objectives of this Plan. The MDC 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. For displacement of families, the MDC shall comply with, at a minimum, the standards set forth in the Law. The MDC shall also comply with all applicable state laws concerning relocation benefits. 12 - August 23,2002 (l2:43PM) 13 SECTION 308 DEMOLITION. CLEARANCE. AND BUILDING SITE PREPARA TION SECTION 308.1 DEMOLITION AND CLEARANCE The :MDC 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. SECTION 308.2 PREPARA TION OF BUILDING SITES The:MDC 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 J\.1DC. In connection therewith, the J\.1DC may cause, provide for, or undertake the installation or construction of streets, utilities, parks, pedestrian walkways, traffic signals, drainage facilities, and other public improvements necessary to carry out this Plan. The:MDC is also authorized (but not required) to construct foundations, platforms, and other structural forms necessary for the provision or utilization of air rights sites for buildings to be used for industrial, commercial, private, public, and other uses provided in this Plan. SECTION 309 PROPERTY DISPOSITION AND DEVELOPMENT SECTION 309.1 REAL PROPERTY DISPOSITION AND DEVELOPMENT SECTION 309.l(A) GENERAL For the purposes of this Plan, the :MDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in Idaho Code Section 50~2011 and as otherwise allowed by law. To the extent permitted by law, the :MDC is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. All purchasers or lessees of property acquired from the :MDC shall be obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time which the MDC fixes as reasonable, and to comply with other conditions which the IvIDC deems necessary to carry out the purposes of this Plan. Real property acquired by the IvIDC may be conveyed by the IvIDC and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the MDC 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. 13- August 23,2002 (l2:43PM) 14 SECTION 309.1(B) DISPOSITION AND DEVELOPMENT DOCUl\1ENTS To provide adequate safeguards to ensure that the provisions of this Plan will be canied out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the MDC, as well as all property subject to participation agreements, is subject to the provisions of this Plan. The MDC shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, deeds, contracts, agreements, and declarations of restrictions of the MDC 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 MDC, such documents, or portions thereof, shall be recorded in the office of the Recorder of Ada County. 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, handicap, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. The Developers (including owner/participants) will be required by the contractual agreement to observe the Land Use and Building Requirements provision of this Plan and to submit a Redevelopment Schedule satisfactory to the MDC. Schedule revisions will be made only at the option of the Meridian Urban Renewal MDC. As required by law or as determined in the MDC's discretion to be in the best interest of the MDC and the public, the following requirements and obligations may be included in the agreement: The developers and their successors and assigns agree: (a) A plan and time schedule for the proposed development shall be submitted to the MDC. (b) The purchase or lease of the land, subterranean rights, and/or air rights is for the purpose of redevelopment and not for speculation. (c) The building of improvements will be commenced and completed as jointly scheduled and determined by the MDC and the developer(s). 14 - August 23, 2002 (l2:43PM) 15 (d) There will be no discrimination against any person or group of persons because of handicap, age, race, sex, creed, color, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises or any improvements erected or to be erected thereon or therein conveyed, nor will the developer himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, or vendees in the premises or any improvements therein conveyed. The above provision will be perpetual and will be appended to the land disposed of within the Urban Renewal Project Area by the IvIDC. (e) The site and construction plans will be submitted to the IvIDC for review as to conformity with the provisions and purposes of this Plan. (f) At the discretion of the IvIDC a bond or other surety will be provided acceptable to the IvIDC to ensure performance under the contract of the sale. (g) 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. (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 of Meridian. (i) All new construction shall have a minimum estimated life of no less than twenty (20) years. G) All disposition and development documents and owner participation agreements shall be governed by the provisions of Section 405.2 of this Plan. (k) All such buildings or portions of the buildings which are to retain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City of Meridian. All disposition and development documents shall be governed by the provisions of Section 420 of this Plan. SECTION 309.l(C) DEVELOPMENTBYTHEMDC To the extent now or hereafter permitted by law, the IvIDC is authorized to pay for, develop, or construct any publicly-owned building, facility, structure, or other improvement 15 - August 23.2002 (12:43PM) 16 within the Project Area for itself or for any public body or entity, which buildings, facilities, structures, or other improvements are or would be of benefit to the Project Area. Specifically, the MDC may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Attachment 5, attached hereto and incorporated herein by reference, and may acquire or pay for the land required therefor. The MDC may also prepare properties for development by renovation or other means as allowed by law. The MDC may also as allowed by law assist in the development of private projects. In addition to the public improvements authorized under Idaho Code Section 50-2007, the MDC is authorized to install and construct, or to cause to be installed and constructed, within the Project Area or outside the Project Area for improvements or facilities that are needed to support new development in the Project Area, for itself or for any public body or entity, public improvements and public facilities, including, but not limited to, the following: (1) utilities; (2) pedestrian paths; (3) traffic signals; (4) landscaped areas; (5) street improvements, including new access roads and streets; (6) sanitary sewers; (7) flood control facilities and storm drains; (8) water mains, pumps, and reservoirs;(9) parks and recreation facilities; (10) improved railroad property use; and (11) civic centers, city hall, or the like. Any public facility ultimately owned by the!vIDC 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 MDC seeks to coordinate special streets, parks, and urban open spaces within the Project Area. A network of well-developed pedestrian environments, landscaped front yards, and proposed new urban open spaces contribute to the public realm. A series of intersections where one enters or leaves the Project area serve as potential nodes for enhanced design treatment. When completed, the framework of civic places and corridors will extend the amenities of the core to the Project Area. Open spaces may include a water feature that would enrich the space in each season, perhaps providing skating in winter, sound, and movement in warmer weather, and light at night. The open space would have a family of furnishings that is compatible with downtown street furnishings. Ample seating would be provided along the promenade. Enhanced lighting would be provided for safety. This open space would be programmed, designed, and promoted to accommodate active day, night, and seasonal uses. Because of the predominantly commercial, governmental, and retail uses, as contrasted to residential, no specific park or park like improvements are anticipated. The MDC may enter into contracts, leases, and agreements with the City, or other public body or private entity, pursuant to this section, and the obligation of the ivIDC under such contract, lease, or agreement shall constitute an indebtedness of the ivIDC 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 !vIDC under subdivision (2)(b) of Section 50-2908 of the Act and Section 504 to this Plan or out of any other available funds. 16 - August 23, 2002 (12:43PM) 17 SECTION 309.l(D) DEVELOPMENT PLANS All development plans, whether public or private, prepared pursuant to disposition and development or owner participation agreements shall be submitted to the MDC for approval and architectural review through the City Building Department. All development in the Project Area must conform to those standards specified in Section 404, infra. SECTION 310 PERSONAL PROPERTY DISPOSITION For the purposes of this Plan, the MDC is authorized to lease, sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the MDC. SECTION 311 REHABILITA TION AND CONSERVATION The MDC is authorized to rehabilitate, renovate, and conserve or to cause to be rehabilitated, renovated, and conserved any building or structure in the Project Area owned by the MDC for preparation of redevelopment and disposition. The MDC is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of property in the Project Area not owned by the MDC. The Agency is authorized to acquire, restore, rehabilitate, move, and conserve buildings of historic or architectural significance. As necessary in carrying out this Plan, the MDC is authorized to move or to cause to be moved any substandard structure or building or any structure or building which can be rehabilitated to a location within or outside the Project Area. SECTION 312 PARTICIPATION WITH PRIVATE OR PUBLIC DEVELOPMENT Under the Idaho Urban Renewal Law the MDC 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 MDC are governed by regulations promulgated by the Department of Housing and Urban Development for the Community Development Block Grant Program and other applicable federal programs. Under those regulations the MDC may participate with the private sector in the development and financing of those private projects which will attain certain federal objectives. The MDC 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 of support, or any other activity necessary or appropriate to carry out an economic development project. As allowed by law, the MDC may also use funds from any other sources for any purpose set forth under the Law. 17- August 23. 2002 (l2;43PM) 18 The rvIDC may enter into contracts, leases, and agreements with the City or other public body or private entity pursuant to this section, and the obligation of the:rvIDC under such contract, lease, or agreement shall constitute an indebtedness of the MDC 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 MDC under subdivision (2)(b) of Section 50-2908 of the Act and Section 504 of this Plan or out of any other available funds. SECTION 313 CONFORMING OWNERS The MDC may, at the :rvIDC's sole and absolute discretion, determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property will be permitted to remain as a conforming owner without a participation agreement with the MDC, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. SECTION 400 USES PERMITTED IN THE PROJECT AREA SECTION 401 REDEVELOPl\1ENT PLAN MAP AND DEVELOPl\1ENT STRATEGY The Description of the Project Area and Revenue Allocation Area Boundary and Project Area-Revenue Allocation Area Boundary Map, attached hereto as Attachments 1 and 2 and incorporated by reference, describe the location of the Project Area boundaries. The proposed land uses to be permitted in the Project Area for all land, public and private, are depicted in Attachment 4. SECTION 402 DESIGNA TED LAND USES SECTION 402.1 COMMERCIAL USES The areas designated in Attachment 4 for commercial uses shall be for commercial uses as set forth and described in the Meridian City Zoning Ordinance. SECTION 402.2 RESIDENTIAL USES The areas designated in Attachment 4 for residential uses shall be for the residential uses as set forth and described in the Meridian City Zoning Ordinance. SECTION 403 OTHER LAND USES SECTION 403.1 PUBLIC RIGHTS-OF-WAY The major public streets within the Project Area include Meridian Road, Main Street (fonnerly 1 sl Street), Pine, Idaho, Broadway, and Franklin. 18 - August 23.2002 (12:43PM) 19 Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development specifically for the Yellow Zone. Existing streets, alleys, and easements may be abandoned, closed, expanded or modified as necessary for proper development of the Project in conjunction with any applicable policies and standards of the City, ACHD, or Idaho Department of Transportation as may be applicable regarding changes to dedicated righ ts-o f- way. Any changes in the existing interior or exterior street layout shall be in accordance with the objectives of this Plan and the design standards of the City, ACHD, or 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, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain, such balancing taking into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the MDC 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 also to 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 in public rights-of-way. SECTION 403.2 OTHER PUBLIC, SEMI-PUBLIC, INSTITUTIONAL, AND NONPROFIT USES The MDC is also authorized to permit the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses. 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 MDC may impose such other reasonable requirements and/or restrictions as may be necessary to protect the development and use of the Project Area. SECTION 403.3 INTERIM USES Pending the ultimate development of land by developers and participants, the MDC 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 Meridian City Code. 19 - August 23. 2002 (l2:43PM) 20 SECTION 404 GENERAL CONTROLS AND LIMIT A TIONS All real property in the Project Area under the provisions of either a disposition and development agreement or owner participation agreement is made subject to the controls and requirements of this Plan. No such real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. SECTION 404.1 CONSTRUCTION All construction in the Project Area shall comply with all applicable state and local laws and codes in effect from time to time. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the MDC to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or owner parti ci pati on agreement. SECTION 404.2 REHABILIT A TION AND RETENTION OF PROPERTIES Any existing structure within the Project Area subject to either a disposition and development agreement or owner participation agreement approved by the MDC for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will be safe and sound in all physical respects and be attractive in appearance and not detrimental to the surrounding uses. SECTION 404.3 LIMIT A TION ON TYPE, SIZE. AND HEIGHT OF BUILDING Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by applicable federal, state, and local statutes, ordinances, and regulations. SECTION 404.4 OPEN SPACES. LANDSCAPING. LIGHT, AIR, AND PRIV ACY The approximate amount of open space to be provided in the Project Area is the total of all areas which will be in the public rights-of-way, the public ground, the space around buildings, and all other outdoor areas not permitted to be covered by buildings. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material. Sufficient space shall be maintained between buildings in all areas to provide adequate light, air, and privacy. 20 - August 23, 2002 (l:12PM) 21 SECTION 404.5 SIGNS All signs shall conform to City sign ordinances as they now exist or are hereafter amended. SECTION 404.6 UTILITIES The.MDC shall require that all utilities be placed underground whenever physically and economically feasible. SECTION 404.7 INCOMPATIBLE USES No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors which would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. SECTION 404.8 NONDISCRIMINA TION AND NONSEGREGA TION There shall be no discrimination or segregation based upon race, color, creed, religion, sex, marital status, national origin, handicap, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. SECTION 404.9 SUBDIVISION OF PARCELS Any parcel in the Project Area shall be subdivided only in compliance with the City Subdivision Ordinance. SECTION 404.10 MINOR VARIATIONS Under exceptional circumstances, the MDC is authorized to permit a variation from the limits, restrictions, and controls established by this Plan. In order to permit such variation, the .MDC 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) permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and (d) permitting a variation will not be contrary to the objectives of this Plan. 21 - August 23,2002 (l2:50PM) 22 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, without amendment of this Plan. In permitting any such variation, the 1v1DC shall impose such conditions as are necessary to protect this public peace, health, safety, or welfare and to assure compliance with the purposes of this Plan. Any variation permitted by the 1v1DC hereunder shall not supersede any other approval required under City codes and ordinances. SECTION 404.11 OFF-STREET LOADING Any development and improvements shall provide for off-street loading as required by the City ordinances as they now exist or are hereafter amended. SECTION 404.12 OFF~STREET PARKING All new construction in the area shall provide off-street parking as required by the City ordinances as they now exist or are hereafter amended. SECTION 405 DESIGN FOR DEVELOPMENT SECTION 405.1 DESIGN GUIDELINES FOR DEVELOPMENT Within the limits, restrictions, and controls established in this Plan and to the extent allowed by law, the MDC is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. Any development must also comply with the City of Meridian Zoning Ordinance regarding heights, setbacks, and other like standards. As of the date of the adoption of this Plan, design standards for part or all of the Urban Renewal Area were pending before the City. Such standards, if adopted, would be required of all development, public or private, within the Urban Renewal Area. In the case of property which is the subject of a disposition and development or owner participation agreement with the 1v1DC, 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 those agreements the architectural, landscape, and site plans shall be submitted to the MDC and approved in writing by the MDC. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design and other amenities to enhance the aesthetic quality of the Project Area. The 1v1DC shall not approve any plans that do not comply with this Plan. In the event the 1v1DC adopts design standards or controls, those provisions will thereafter apply to each site or portion thereof in the Project Area. Those controls and standards will be implemented through the provisions of any disposition and development agreement or owner participation agreement or by appropriate covenants appended to the land and instruments of conveyance executed pursuant thereto. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and 22 - August 23. 2002 (I2:52PM) 23 every development shall comply with all applicable City zoning and building ordinances. Absent the MDC developing and promulgating specific design standards or controls, the MDC shall review all projects by applying and/or deferring to the usual approval process imposed by the City. SECTION 405.2 DESIGN GillDELINES FOR DEVELOPlVlENT UNDER A DISPOSITION AND DEVELOPMENT AGREEMENT OR OWNER PARTICIPATION A GREEl\tIENT Under an owner participation agreement or a disposition and development agreement the design guidelines and land use elements as imposed shall be achieved to the greatest extent feasible, though the MDC retains the authority to grant minor variations under Section 404.10 of this Plan and subject to a negotiated agreement between the MDC and the developer or property owner. Under those agreements, the architectural, landscape, and site plans shall be submitted to the MDC and approved in writing by the MDC. In such agreements, the MDC 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. These additional design standards or controls will be implemented through the provisions of any disposition and development agreement or owner participation agreement or by appropriate covenants appended to the land and instruments of conveyance executed pursuant thereto. These controls are in addition to any standard and provision of any applicable City building or zoning ordinance; provided, however, each and every development shall comply with all applicable City zoning and building ordinances, including any adopted City design standards. SECTION 500 METHODS OF FINANCING THE PROJECT SECTION 501 GENERAL DESCRIPTION OF THE PROPOSED FINANCING METHOD The MDC is authorized to finance this Project with financial assistance from the City, State of Idaho, federal government, interest income, MDC bonds, donations, loans from private financial institutions, the lease or sale of MDC-owned property, or any other available source, public or private, including assistance from any taxing district or any public entity. The MDC is also authorized to obtain advances, borrow funds, and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the MDC. The City, as it is able, may also supply additional assistance through City loans and grants for various public facilities. The City or any other public agency may expend money to assist the MDC in carrying out this Project. 23 - August 23,2002 (l2:53PM) 24 SECTION 502 REVENUE BOND FUNDS As allowed by law and subject to such restrictions as are imposed by law, the MDC is authorized to issue bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the MDC, nor any persons executing the bonds shall be liable on the bonds by reason of their issuance. SECTION 503 OTHER LOANS AND GRANTS Any other loans, grants, guarantees, or financial assistance from the United States, the State of Idaho, or any other public or private source will be utilized if available. Neither the members of the MDC nor any persons executing such loans or grants shall be liable on the loans or grants by reason of their issuance. SECTION 504 REVENUE ALLOCATION FINANCING PROVISIONS The MDC hereby adopts revenue allocation financing provisions as authorized by the Act, chapter 29, title 50, Idaho Code, effective retroactively to January 1,2002. These revenue allocation provisions shall apply to all taxing districts in which the Revenue Allocation Area is located and described on Attachments 1 and 2 to this Plan. The MDC shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The MDC 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 Urban Renewal Project. The MDC, acting by one or more resolutions adopted by its board of directors, is hereby authorized to apply all or any portion of the revenues allocated to the MDC pursuant to the Act to pay such costs as are incurred or to pledge all or any portion of such revenues to the repayment of any moneys borrowed, indebtedness incurred, or bonds issued by the MDC to finance or to refinance the project costs (as defined in Idaho Code Section 50-2903(12)) of one. or more urban renewal projects. Upon enactment of an ordinance by the governing body of the City 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 MDC into which the County Treasurer shall deposit allocated revenues as provided in Idaho Code Section 50-2908. The MDC 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 MDC may determine by resolution or resolutions of its Board of Directors. 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 to this Plan. This statement necessarily incorporates estimates and projections based on the MDC's present knowledge and expectations. The MDC is hereby authorized to modify the presently anticipated urban renewal projects and use of revenue allocation financing of the related project costs if the 24 - August 23. 2002 (l2:54PM) 25 board of directors of the:MDC deems such modification necessary or convenient to effectuate the general objectives of the Plan. The:MDC has also provided for expenditure of revenue allocation proceeds on an annual basis without the issuance of bonds. The MDC has also provided for obtaining advances or loans from the City or private entities in order to immediately commence construction of certain of the public improvements. Revenues will continue to be allocated to the lvIDC until the improvements identified in Attachment 5 are completely constructed or until any obligation to the City or other public entity or private entity are fulfilled. Attachment 5 incorporates estimates and projections based on the MDC's present knowledge and expectations concerning the length of time to complete the improvements. 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 MDC obtains additional funds. 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:MDC to finance or refinance the Project in whole or in part, as well as payment for costs incurred for activities of the Project. The MDC is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. SECTION 504.1 ECONOMIC FEASIBILITY STUDY Attachment 5 consists of the Economic Feasibility Study ("Study") for the Urban Renewal Area prepared by W. David Eberle Consulting, Inc. The Study constitutes the financial analysis required by the Act. SECTION 504.2 ASSUMPTIONS AND CONDITIONS/ECONOMIC FEASIBILITY STATEMENT The infonnation contained in Attachment 5 assumes certain completed and projected actions. Under the provisions of the Act, the revenue allocation shall continue until the bond debt is satisfied. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness and the amount of revenue generated by revenue allocation is dependent upon the extent and timing of private development. Should all of the development take place as projected, bonded 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 bonds may continue for their full tenn. The Plan and attachments incorporate estimates and projections based on the MDC's present knowledge and expectations. The MDC may modify the project if the Board of Commissioners deems such modifications necessary to effectuate the Plan. The Plan proposes 25 - August 23, 2002 (l2:56PM) .~ 26 certain public improvements, including utility improvements, streetscapes, street improvements, property acquisition, and relocation costs, which will facilitate development in the Revenue Allocation Area. SECTION 504.3 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 valuation for the entire City. The base assessment roll, not including utilities and less any homeowner's exemption, for the revenue allocation area is $146,334,050.00. The total assessed value for the City of Meridian as of January 1,2002, less homeowner's exemptions, is $2,065,940,795. The combined base assessment roll for the Revenue Allocation Area does not exceed ten percent (10%) of the assessed value for the City of Meridian. SECTION 504.4 FINANCIAL LIj\fiT A TION The Study identifies several capital improvement projects. Use of any particular financing source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limiting authority. For example, the MDC may consider participation with owners or developers for facade improvements, partial contribution by the MDC, or encouraging certain demonstration projects such as affordable housing projects. Use of revenue allocation funds for that purpose will be limited by the authority of the Act. If revenue allocation funds are unavailable, then the MDC will need to use a different funding source for that improvement, including grant funds. The Study has examined the potential of grant funding. The amount of funds available to the MDC from revenue allocation financing is directly related to the assessed value of new improvements within the revenue allocation area. Under the Act, the MDC is allowed the revenue allocation generated from inflationary increases and New Development Value. The Study has assumed a four and three-tenths percent (4.3%) inflationary increase through year 2026. 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 including proposed revenue allocation notes and bonds, annual revenue allocations, developer contributions, and other funds are shown. 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 relate costs or monetary obligations are to be incurred. See Idaho Code S 50-2905. Based on these funding sources, the conclusion is that the project is feasible. The information contained in the Study assumes certain projected actions. First, the MDC has projected several bond terms and note issues. The bond term will be finally determined by the marketability of the notes. Under the provisions of the Act, the revenue allocation may continue until the end of the Plan term. Second, the total amount of indebtedness and the amount of revenue generated by revenue allocation is dependent upon the extent and 26 - August 23. 2002 (l2:56PM) 27 timing of private development. Should all of the development take place as projected, indebtedness would be extinguished earlier, dependent upon the bond sale documents and legal obligations therein. 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 bonds may continue for their full term. The proposed timing for the public improvements may very well have to be modified depending upon the availability of some of the funds and the NIDC's ability to sell an initial issue of notes or bonds. 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. SECTION 504.5 REBATE OF REVENUE ALLOCATION FUNDS In any year during which the NIDC receives revenue allocation proceeds, the MDC, as allowed by law, is authorized (but not required) to return or rebate to the other taxing entities identified in Attachment 5 of this Plan any revenue allocation funds not previously pledged or committed for the purposes identified in the Plan. Under the Act, the :M.DC must first apply all such revenues for the payment of the projected costs of the urban renewal project identified and repayment of principal and interest on any moneys borrowed, indebtedness incurred, or bonds issued by the MDC and maintain any required reserve for payments of such obligation or indebtedness. Only to the extent revenues of the MDC exceed these obligations shall the MDC consider any rebate or return of revenue allocation funds to the other taxing entities. The IvIDC shall rebate such funds in a manner that corresponds to each taxing entity's relative share of the revenue allocation proceeds or on the basis of extraordinary service requirements generated by the Project. All other taxing entities shall first receive any such rebate before such rebate shall be disbursed to the City. Attachment 5 describes the MDC's financing plan for the Project. The Project will be financed, in part, through tax increment financing, using revenue allocation funds as allowed by the Act. The MDC anticipates that on an annual basis, tax increment, and other funds may be sufficient to satisfy the obligations incurred by the MDC, even though the entire amount of revenue allocation funds must be pledged for the term of any bonds or other debts incurred by the MDC. Therefore, on an annual basis, the NIDC will consider the rebate of funds, which funds, may not be revenue allocation funds, but other funds available to the MDC. SECTION 504.6 PARTICIPATION WITH LOCAL IMPROVEMENT DISTRICTS Under the Idaho Local Improvement District 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 NIDC reserves the authority to participate in the funding of local improvement district facilities. This participation 27 - August 23, 2002 (I 2:56PM) 28 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. SECTION 504.7 ISSUANCE OF DEBT AND DEBT LIMITATION Any debt incurred by the MDC 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. SECTION 504.8 IMPACT ON OTHER TAXING DISTRICTS AND LEVY RATE A specific delineation of tax dollars generated by revenue allocation upon each taxing district has not been prepared. The overall impact of the revenue allocation project is shown in the Study. Since the passage of House Bill 156 in 1995, taxing entities are constrained in establishing levy rates by a function of the amount each budget of each taxing district can increase on an annual basis. The amounts set forth in the Study would constitute the amounts distributed to other taxing entities from the Revenue Allocation Area if there were no urban renewal project. Each individual district's share of that amount would be determined by its particular levy rate as compared to the other districts in any given year. Therefore, the impact of revenue allocation is more of a product of the imposition of House Bill 156. In addition, without the revenue allocation district and its ability to pay for public improvements and public facilities, fewer substantial improvements within the revenue allocation area would be expected in the next five to ten years, hence there would be lower increases in assessed valuation to be used by the other taxing entities. Additionally, the Study has taken the existing 2001 net levy rate of .010261953 (Le., deducting the .004 school credit) and imposed a .001 annual reduction levy throughout the term of the Plan. One result of House Bill 156 is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction. If the overall levy rate is less than as assured, the MDC shall receive fewer funds from revenue allocation. SECTION 504.9 LEASE REVENUE BONDS One other potential use of financing is lease revenue bonds from the user of a public facility. For example, a lease base revenue bond may be a way to finance a civic center or City Hall without the use or obligation of revenue allocation proceeds. SECTION 600 ACTIONS BY THE CITY The City shall aid and cooperate with the MDC in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the City shall include, but not be limited to, the following: 28 - August 23. 2002 ([2;56PM) 29 (a) institution and completion of proceedings necessary for changes and improvements in private and publicly-owned property, rights-of-way, or public utilities within or affecting the Project Area; (b) revision of zoning, if necessary, within the Project Area to permit the land uses and development authorized by this Plan; (c) imposition, wherever necessary, by conditional use permits or other means of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use; (d) provision for administrative enforcement of this Plan by the City after development, wherein the City and the MDC 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 redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays; (g) institutional and completion of proceedings necessary for the establishment of a LID under chapter 17, title 50, Idaho Code; (h) the undertaking and completing of any other proceedings necessary to carry out the Project; (i) administration of Community Development Block Grant and other state and federal grant funds that may be made available for the Project; G) appropriate agreements with the MDC for administration, supporting services, funding sources, and the like; (k) the waiver of any hookup or installation fee for sewer, water, or other utility services for any facility owned by any public agency, including the MDC; and (l) the imposition, whenever necessary (by conditional use permits or other means as appropriate) of controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. The foregoing actions to be taken by the City do not constitute any commitment for financial outlays by the City. 29 - August 23.2002 (l2:56PM) 30 SECTION 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 I\.1DC and/or the City. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation instituted by either the :rvroC or the City. Such remedies may include, but are not limited to, specific performance, damages, reentry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION 800 DURA TION OF THIS PLAN 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-four (24) years from the date of adoption of the original Plan by the City Council in 2002, which period shall expire on December 31,2026, except for any revenue allocation proceeds received in calendar year 2027. This plan shall terminate no later than December 31,2026, except for revenues which may be received in 2027. Either on January 1,2026, or if the MDC determines an earlier terminate date: (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 I\.1DC funded through revenue allocation proceeds shall be satisfied and the MDC has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Section 50-2908, Idaho Code, 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 Section 50-2909, Idaho Code, shall thereupon terminate. (b) In determining the termination date, the Plan shall recognize that the I\.1DC shall recei ve allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan. (c) For the fiscal year that immediately predates the terminate date, the MDC shall adopt and publish a budget specifically for the projected revenues and expenses of 30 - August 23,2002 (12:56PM) 31 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 Section 50-2909(4), Idaho Code. In the event that the MDC determines that current tax year revenues are sufficient to cover all.estimated expenses for the current year and all future years, by September 1, the 1v1DC 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 Section 50-2909, Idaho Code, should a surplus be determined to exist. The MDC shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Section 63-215, Idaho Code. Upon termination of the revenue allocation authority of the urban renewal plan to the extent the MDC owns or possesses any assets, the MDC shall dispose of any remaining assets by granting or conveying or dedicating such assets to the City of Meridian. SECTION 900 PROCEDURE FOR AMENDMENT The Plan may be further modified at any time by the :MDC, provided that, if modified after disposition of real property in the Project Area or after execution of an owner participation agreement, the modifications must be consented to by the developer or developers or their successor or successors of such real property whose interest is substantially affected by the proposed modification. Where the proposed modification will substantially change the Plan, the modifications must be approved by the Meridian City Council in the same manner as the original Plan. Substantial changes for Meridian City Council approval purposes shall be regarded as revisions in project boundaries, land uses permitted, land acquisition, and other changes which will violate the objecti ves of this Plan. SECTION 1000 SEVERABILITY If anyone or more of the provisions contained in this Plan to be performed on the part of the MDC 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. SECTION 1100 ANNUAL REPORT Under the Law, the:MDC is required to file with the City, on or before March 31 of each year, a report of the MDC's activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. 31 - August 23, 2002 (12:56PM) 32 Attachment 1 Description of the Project Area and Revenue Allocation Area Boundaries Approximately 660 acres with boundaries of the I~84 freeway on the south, Cherry Lane/Fairview A venue on the north, W. 4th Street on the west and Five Mile Creek on the east. [Note: Legal Description of Project Area will be forthcoming. See Attachment 2 for a map of the Project Area. J 32 - August 23,2002 (l2:58PM) November 22, 2002 PROJECT AREA AND REVENUE ALLOCATION BOUNDARY OF THE MERIDIAN URBAN RENEWAL PROJECT MERIDIAN, IDAHO A tract of land consisting of approximately 665 acres being portions of Sections 7 and 18 of Township 3 North, Range 1 East and portions of Sections 12 and 13 of Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. Said tract being more particularly described as follows: Commencing at the Section Comer common to Sections 12 and 13 of Township 3 North, Range 1 West and Sections 7 and 18 of Township 3 North, Range 1 East of the Boise Meridian, thence along the section line common to said Sections 12 and 13, being the centerline of Franklin Road North 89032'43" West 1328.12 feet to the East 1/16th Comer on said section line, said comer being the POINT OF BEGINNING; thence leaving said section line North 00041 '03" East 1622.42 feet along the west boundary and its northerly extension of Taylor Subdivision, Book 11 at Page 637, Ada County records to the north right-of-way line of the Union Pacific Railroad; thence South 88043 '21" East 55.72 feet along said north right-of-way; thence leaving said right-of-way North 00045'49" East 74.97 feet along the southerly extension of the centerline of West 4th Street; thence North 88043'54" West 67.77 feet; thence continuing on a line tracing the westerly property lines of the parcels which are adjacent to the west right-of-way line of said West 4th Street the following courses: North 00035' 17" East 267.95 feet to the south right-of-way line of West Broadway Avenue; thence North 21017' 16" West 64.73 feet to the north right-of-way line of West Broadway Avenue; thence North 00031' 10" East 137.88 feet; thence North 89028'10" West 13.50 feet; thence North 00043'43" East 137.64 feet to the south right-of-way line of West Idaho Avenue; thence North 05056'27" West 60.39 feet to the north right-of-way line of West Idaho Avenue; thence North 00042'58" East 120.01 feet; thence North 89012' 15" West 4.50 feet; thence North 00041 '42" East 144.26 feet to the south right-of-way line of West Pine Avenue; thence North 09012'40" West 60.91 feet to the north right-of-way line of West Pine Avenue; thence North 01011 '23" East 301.00 feet; thence North 89009'24" West 25.41 feet; thence North 00014'20" East 228.60 feet; thence North 89029'47" East 16.70 feet; thence North 01015'34" East 89.92 feet to the south right-of-way line of West Carlton Avenue; thence North 11003' 17" West 42.90 feet to the north right-of-way line of West Carlton Avenue; thence North 00026'51" East 64.39 feet; thence North 88012'50" West 1.00 feet; thence November 22,2002 Page 2 of5 North 31007'55" West 65.88 feet; thence South 89033' 11" East 3 5.50 feet; thence North 00026'5P' East 135.47 feet to the south right-of-way line of West Washington Street; thence North 00014' 19" East 60.00 feet to the north right-of-way line of West Washington Street; thence North 00035'49" East 72.00 feet to the northwest comer of Lot 4 of the City of Meridian Park View Addition, Book 12 of Plats at Page 663, Ada County records; thence along the north line of said Lot 4 and its easterly extension South 89025'55" East 149.85 feet to the centerline of said West 4th Street; thence North 00025'30" East 1571.65 feet to the north line of said Section 12, said north line being the centerline of Cherry Lane; thence along said north line South 89026'30" East 1263.31 feet to Northeast comer of said Section 12 at the intersection of said Cherry lane with Fairview Avenue (US Highway 30) and Meridian Road; thence North 88034'34" East 1773.74 feet along the north line of said Section 7 said north line being within the right-of-way of said Fairview Avenue (US Highway 30); thence leaving said north line of Section 7 South 00030'10" West 959.19 feet along the east boundary ofa parcel ofland designated by Ada County Tax Parcel #S1107212705 to the north right-of-way line of East Badley Avenue; thence along said north right-of-way line North 89046'56" West 101.40 feet; thence leaving said north right-of-way line of East Badley Avenue South 00033'20" West 761.53 feet along the centerline of East 4th Street (unopened right-of-way) to the intersection with the centerline of East Washington Avenue; thence North 89036'10" East 580.24 feet along said centerline of East Washington Avenue to the west boundary of Sterling Creek Subdivision, Book 77 of Plats at Pages 8100-8101, Ada County records; thence tracing said Sterling Creek Subdivision boundary the four (4) courses South 00035'53" West 276.09 feet; thence South 89020'48" East 150.00 feet; thence North 00035'53" East 272.64 feet returning to said centerline of East Washington Avenue; thence along said centerline North 89034'56" East 226.36 feet to the west boundary of Danbury Fair Subdivision No.5, Book 70 of Plats at Pages 7224-7225, Ada County records; thence along said west boundary of Danbury Fair Subdivision NO.5 the following four courses: South 33013'49" West 183.42 feet; thence South 04006'26" West 354.61 feet; thence South 3]055'28" East 145.72 feet; thence South 38043'05" East 457.95 feet along the southwest boundary line of said Danbury Fair Subdivision No.5 and it southeasterly extension to the south right-of-way line of East Pine Avenue; thence along said south right-of-way line South 89034'38" West 152.89 feet to the northwest comer ofOliason Park Subdivision, Book 80 of Plats at Pages 8659 and 8660, Ada County records; thence along the east boundary line of said Oliason Park Subdivision South 00034'41" West 373.46 feet to the centerline of East Idaho Avenue; thence along said centerline of East Idaho Avenue November 22, 2002 Page 3 of 5 North 89025'46" West 333.50 feet to the north-south centerline of said Section 7; thence leaving said centerline of East Idaho Avenue South 00035'48" West 329.50 feet along said north-south centerline of Section 7 to the north line of a parcel ofland designated by Ada County Tax Parcel #01107325600 (being a railroad right-of-way parcel); thence tracing said parcel clockwise South 88046'23" East 235.20 feet; thence South 00035' 18" West 410.00 feet; thence North 88032'20" West 235.20 feet; thence leaving the south line of said railroad parcel South 00041 '03" West 407.79 feet crossing the Union Pacific Railroad right-of-way and Bown's Railroad Addition, Book 4 at Page 165, Ada County records to the south right-of-way line of East Bower Street; thence along said south right-of-way line of East Bower Street North 89032'46" West 9.27 feet; thence continuing along said south right-of-way line Along a curve to the right 77.72 feet, said curve having a radius of 5 5.00 feet, a delta angle of 80057'36" and a chord bearing and distance North 89032'46" West 71.41 feet; thence continuing along said south right-of-way line North 89032'46" West 597.38 feet; thence leaving said right-of-way South 00018'57" West 85.25 feet along the line common to Bown's Second Addition, Book 5 at Page 216 and Meridian Business Park, Book 70 at Pages 7158-7159, Ada County records; thence continuing along said common line South 00031' 11 " West 1031.39 feet to the section line common to said Sections 7 and 18, said section line also being the centerline of Franklin Road; thence South 89019'06" West 630.69 feet along said section line; thence leaving said section line South 00031' 16" West 282.35 feet along the west boundary of Honor Park Subdivision No.3, Book 78 of Plats at Pages 8191-8192, Ada County Records; thence continuing along the boundary of said Honor Park Subdivision NO.3 North 89030'36" East 622.00 feet; thence South 00043'59" West 1048.33 feet to the north boundary line of Honor Park Subdivision No.2, Book 68 at Pages 6959-6960, Ada County records; thence along said north boundary line of Honor Park No.2 and the north boundary of Lots 4 and 2, Block 2 of Honor Park Subdivision No.1, Book 65 of Plats at pages 6652-6653, Ada County records South 89031 '26" West 858.88 feet to the northwest corner of said Lot 2; thence along the west line of said Lot 2 South 00041 '30" West 164.14 feet to the north right-of-way line of East Waterhouse Lane; thence along said north right-of-way line South 89032'37" West 105.09 feet; thence leaving said north right-of-way line South 00027'16" East 243.03 feet crossing said East Waterhouse Lane and following the line common to Lot 1 and Lot 2, Block 1 of said Honor Park No.1 to the north line of Central Valley Corporate Park No.1, Book 57 at Pages 5332-5333, Ada County Records; thence South 89032'40" West 70.76 feet along said north line of Central Valley Corporate Park No.1 to the northeast corner of Lot 1, Block 1 of said subdivision; thence along the east line of said Lot 1 and its southerly extension November 22, 2002 Page 4 of5 South 00029' 44" East 320.73 feet to the centerline of East Corporate Drive; thence along said centerline of East Corporate Drive South 70011 '43" East 116.89 feet to the centerline intersection with East Progress Avenue; thence following the centerline of East Progress Avenue the following courses: South 20002' 10" West 162.62 feet; thence Along a curve to the right 15.07 feet, said curve having a radius of 100.00 feet, a delta of 8038'05" and a chord bearing and distance of South 24021' 12" West 15.06 feet; thence South 28021'06" West 722.57 feet; thence Along a curve to the left 92.39 feet, said curve having a radius of200.00 feet, a delta of26028'04" and a chord bearing and distance of South 15013'04" West 91.57 feet; thence South OF52'39" West 171.22 feet; thence Along a curve to the left 132.89 feet, said curve having a radius of270.00 feet, a delta of28012'01" and a chord bearing and distance of South 12001' 10" East 131.55 feet; thence South 26013' 11" East 48.68 feet; thence Along a curve to the right 57.26 feet, said curve having a radius of330.00 feet, a delta of9056'32" and a chord bearing and distance of South 21014'55" East 57.19 feet; thence leaving said centerline of South Progress Avenue South 29001'22" West 86.63 feet along the northwesterly line and its northeasterly extension of Lot 10, Block 4 of Central Valley Corporate Park No.6, Book 76 of Plats at Pages 7960-7964, Ada County records; thence continuing along the westerly boundary of said Lot South 30006' 40" West 179.76 feet; thence continuing long said westerly boundary of said Lot 10 and its southerly extension through Lot 11 of said Block 4 South 06040'11" West 150.09 feet to the northerly right-of-way ofInterstate Highway 84; thence along said northerly right-of-way North 63045'17" West 107.10 feet; thence North 68059'20" West 80.00 feet; thence leaving said northerly right-of-way North 87048'00" West 146.72 feet to a point on the section line common to said Sections 18 and 13; thence continuing North 87048'00" West 70.21 feet to a point on said northerly right-of-way line ofInterstate Highway 84; thence along said northerly right-of-way the following courses: South 7FOO'08" West 402.38 feet; thence South 74038'59" West 471.23 feet; thence South 83021 '56" West 332.84 feet; thence North 89029'55" West 1400.79 feet; thence leaving said northerly right-of-way North 00030'34" East 1050.00 feet along the north-south centerline of said Section 13; thence leaving said north-south centerline and following the east boundary of The Landing Subdivisions No.9, Book 74 of Plats at Pages 7658-7659 and The Landing Subdivision No. 8, Book 70 of Plats at Pages 7230-7231 the following courses: North 89019'42" West 200.00 feet; thence North 00026'52" East 275.00 feet; thence South 89029'22" East 200.00 feet; thence November 22, 2002 Page 5 of5 North 00035'24" East 837.18 feet; thence leaving said east boundary of The Landing Subdivision NO.8 and following the southerly boundary of Franklin Square Subdivision, Book 44 of Plats at Pages 3587-3588, Ada County records South 61020'43" East 373.07 feet; thence South 89028'20" East 332.51 feet; thence North 00027'35" East 107.48 feet along the east line of said Franklin Square Subdivision to the southwest comer of Troutner Park Subdivision, Book 75 of Plats at Pages 7762-7764; thence along the southerly and easterly boundary of said Troutner Park Subdivision the following courses: South 85013'34" East 147.44 feet; thence North 80022'14" East 523.38 feet; thence North 00042'41" East 142.03 feet; thence South 89040'42" East 790.29 feet; thence North 00050'22" East 329.04 feet; thence North 89026'21" West 128.88 feet; thence North 00038'21" East 663.30 feet; thence North 89031 '58" West 663.22 feet; thence North 00042'23" East 349.90 feet; thence leaving said east boundary of Troutner Park Subdivision North 00042'23" East 313.66 feet to the POINT OF BEGINNING. 33 Attachment 2 Project Area-Revenue Allocation Area Boundary Map 33 - August 23,2002 (12:59PM) I .^. ~.~ r L ~ 'X ~1 _. ~ =E :~, ..~ ~ H t==:!:= JT '/:::L ~l L~ -.- ~ ~'I! t::= = - ==:1::: - = - ........1""" == == T - = = == ==,---, I ---, ---l .J L __----J B:J .1. I II III r-$;, f- r- =~ ~Ii =f ~ C-1 F bj '11D~ 'It- II III I =~ T1 ~ g '--;~ _ ~HfHB;=; -l H ---l I~ ~ - Hrl\Y !.... (', .--II I r- Ie:! I- ::EB == t:::t:D::::j \....'C I T T II I c Il LJ I J:.. ~ := ~\J llhlH L -n I U[,/')' 3=li ~I.'.- S Fil E E ~lITIIfillJffiimTllc f-" -~':;:ym in ~111{11111111 OJ] :EJL_~!fI~tHJ1]jtiliIL ~M- ~~:~ ~B~~" f J J ~~rn~~Ea~~El]~~ffijJ ~~ :Llf1i 15 ~ f':I+, ~q: ~ m m I!EB m ~ tD!l EJi!B IIi9IiI EJiffi m jJ, 1/ ~::,'~I ~y I 1~~1l1~m~EE3~=JRR=~~ I I r ~'11 Jrn[]] I I 1 Ir-f---J "- := tBm~m ~ L ~~ ~- ~2@2j~~JI I H:= : J ~~9 --I -,~I ~= =I Il -l N' ~ "- .....<: " ~ y m '-'"t ~J- f- j ~ : :~ ~ f- tt= '- 1; .... - ~~ 1111 ~ ~ ~, I I- \ ~~ ... I' ~.. I \ 1 ~'OK'h~ ~~i~11 1_ ~ . I \ 11 1 7 t::. X \ ~ .~ I T 1 (~ ~' ~ '-~ 1 1 I 2 ~~-- ~ ~: )~~ II11III ~~ 10"1- 34 Attachment 3 Private Properties Which May Be Acquired by MDC 1. No particular properties have been identified for acquisition by MDC, except as may be required for the objectives of the Plan. MDC does intend to acquire certain properties, if necessary, to achieve the civic center location and parking structures within the Old Town or Blue Zone area. 2. The MDC also reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The :MDC reserves the right to acquire property needed to provide adequately sized sites for high priority projects such as public buildings, infrastructure, public parking facilities, transit and transportation facilities, etc. (the exact location of which has not been determined). 34 - August 23, 2002 (l :ooPM) 35 Attachment 4 Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area 35 - August 23. 2002 (1:00PM) r an ~newal rea /)ning ]iJ~~lll1i~!:4[- w 33 ~~\ - ~wm -, ~ ~ ~...';fI~ I;'L~ / I ~ I~-'~H~ I ~ '.lllIi~! l:~I!~ffij~ ~BHTIje:Jj.OJIlB3 liE Cillij f2i Mi IHJ1i1 IT1~.lIIfi Ii =11~~........................c ~~II J-'m iG UE~flmEtB BBCJ - - pillil J coOJJm - == - ~ffiIlH!Iffil ~ ~ l r fffitffi filnl~ . Tr = ~ E=l ~.. ............. 1J:i!B..... g ir' I ". I) EIDi5 c::o ~~. ~ ~f.tI ~~. II J ml ~.. ~ Zoning 'L~ 111111" ~~~" 1d3\it!mJ1i1l ~mm~ ~ II '~I" __H~ ':J~ ~~~ ~ 1&~1f1'Hl!l3" ," ~.~~ .\-e- I~ ~~~R :J ~ I Om ~ l~~~ i~ L--J ~i ~ LI- -- ~ I \ r- ""',- T " ..' \ I ~ L~a~ II d ~~~~~cl= ~~~ ~ ~~5 LI ~~~, lIi~t~tll~~,l c=JR-4 Ii I R-40 c=J R-8 '.;;\i5:';/35;1 T-E 5~;c:$~<t~:::;r~ c=J Ada County . N Urban Renewal Area Boundary w E L0@@lfR ~@b@W s 36 Attachment 5 Statement of Proposed Public Improvements, Costs, Revenues, Tax Impacts, Financing Methods, and Implementation Plan 36 - August 23, 2002 (I :ooPM) ECONOMIC FEASIBILITY MERIDIAN URBAN RENEWAL AREA Prepared For THE MERIDIAN DEVELOPMENT CORPORATION Meridian, Idaho rYJ I r~ Prepared By W. David Eberle Consulting, Inc. 760 Harcourt Road Boise, Idaho 83702 August 20, 2002 W. David Eberle Consulting, Inc. Boise ID 2 Authority Idaho State Code 50-2905 guides the urban renewal area to prepare and adopt a plan for the revenue allocation area and submit the plan and recommendations to the local governing body for approval. Included in this plan is an economic feasibility study. The following is the economic feasibility study for the Meridian Urban Renewal Area (URA) proposed by the Meridian Development Corporation (MDC). Economic Feasibility Study Summary This economic feasibility study is preliminary to the extent that not all the elements of the plan have been formalized. And, as such, this study will need to be updated to include the enhancements, additions and modifications to the plan. The elements not formalized are the expenditure plan for the MDC. The expenditure decisions that still need to be made include the size of the parking garage, targeted land acquisitions, and business stimulus programs. This analysis has made a series of assumptions to begin the process of determining the economic development plan for the 11DC. There is 146 million dollars in real property within the urban renewal area from a city wide real property base of2 billion dollars, accounting for approximately 7.5 percent of Meridian's total real property value. The projected income to Meridian Development Corporation will be dependent upon the rate that this assessed property value base increases. In the 1990s the population of the City of Meridian grew at the astounding rate of thirty percent annually. COMPASS projects that this growth will dramatically slow to three percent annually over the next decade. Coupling the slower population growth with a sluggish economy suggests that the inflationary pressures on real property will also slow. County wide assessed value for 2002 increased a little over four percent while areas within the City of Meridian grew about three percent. The revenue forecast uses two base growth rates of 3.4 and 4.4 percent. In addition to the increased value of existing properties, all of the tax revenues from new construction within the urban renewal area accrue to the MDC. The diverse composition of the urban renewal area necessitated that the area be broken into six sub-areas (Blue Zone, Green Zone, Pink Zone, Orange Zone, Red Zone, Y ellow Zone) for purposes of estimating new construction for the renewal area. Using interviews with city officials, real estate experts, and members of the Meridian Development Corporation board, a list and valuation was prepared of sites that were likely to be developed. The value of new construction was translated to a percent of total property value within the respective sub- area, which became the growth rate for new construction within the urban renewal area. The final determinate in the revenue forecast is the mill levy rate for the Meridian taxing district. This rate has been declining as a result of statutory restrictions on tax revenues. The mill levy was adjusted downward by the ten-year average to just over one half of one percent. As part of this study the MDC requested that the revenue projections be developed for two urban renewal area (URA) property boundaries. The first boundary includes what is being called the Red Zone, which incorporates the "corporate park" that is roughly W. David Eberle Consulting, Inc. Boise ill 3 bounded by Meridian Road, 1-84, Stratford and Watertower Lane. The second boundary excludes the corporate park and instead includes the property west of Meridian Road and north ofI-84 that has been designated as the Yellow Zone. Appendix A provides detailed maps to outline the respective areas. Using the assumptions outlined above and using the URA that includes the Red Zone (excludes Yellow Zone) the MDC can expect to earn over the life of the urban renewal area between 32 to 42 million dollars. In the first five years the Meridian Development Corporation can expect to earn between 1.5 to 1.8 million dollars. Using the assumptions outlined above and using the URA that includes the Yellow Zone (excludes Red Zone) the MDC can expect to earn over the life of the urban renewal area between 26 to 34 million dollars. In the first five years the Meridian Development Corporation can expect to earn between 1.0 to 1.4 million dollars. There are substantial differences between the Yellow and Red Zones. The model suggests that the Red Zone will generate a larger amount of tax increment fmancing (TIF). This outcome is based on several factors that may not hold up over time. The first is that currently without road access to the Yellow Zone, there is no assumption included for new construction beyond the base growth rate. Second, once road access is developed to this area, the land value in the Yellow Zone should increase at a faster rate than in the Red Zone providing additional TIF not included in the model. These "upsidelt assumptions are predicated on the reconstruction of Executive Way and Meridian Road and the acceptance of the diverted access to the Yellow Zone through Waltman Lane. The expenses of the Meridian Development Corporation include starting an office with one full time director and one part-time employee in late 2003. The following year the part-time employee will be moved to full time. From this point forward the administrative and general costs are increased ten percent annually until 2012 when and annual inflation rate of2.6 percent is used for the remaining life of the urban renewal area. There are three community development programs contemplated in this budget. The first is a facade grant program. The second is a streetscape reimbursement program. And the third is a public facilities upgrade program. It is assumed that there will be a new city hall built within the Blue Zone within the next three years. Based on preliminary construction estimates provided by the city it will cost approximately $13 million in today's dollars. In this budget it is assumed that a contractual relationship will be made between the city and MDC for MDC to issue bonds for the permanent fmancing of the city hall backed by a one year renewal lease equal to the debt payment. And in 2006 it is assumed that the Meridian Development Corporation will build a 250-stall parking garage at $12,000 per stall. Finally, it is assumed that in 2011 plans for gateway improvements have been made and that a $5,000,000 bond is issued to cover the cost of improvements. At this time these improvements may include street upgrades in the Green Zone and or public art. These enhancements to announce the entrance to Meridian W. David Eberle Consulting, Inc. Boise ID 4 may be built in the Green, Orange or Blue Zones. Finally, any available cash flow up to $200,000 is allocated to the facade and streetscape programs. The issue for the Meridian Development Corporation is that the expenses are front-end loaded while the majority of funds are back-end loaded. This requires careful planning of expenditures in the early years. The proposed budget is designed to maintain a positive cash balance but it is based on real property values increasing on average at 4.37 percent. lfthe assessed valuation growth rate falls to 3.5 percent there will be a shortfall from 2007 through 2014 that can be avoided by reducing the streetscape and fa9ade enhance programs. In summary, the Meridian Development Corporation actions will stimulate new investment growth in the urban renewal area. Investing in the area will stabilize and improve the value of downtown real estate. The tax increment financing will provide sufficient revenue to retire the 5.4 million dollars in revenue bonds. Additionally, there will be sufficient funds to embark on other public investments to enhance the economic competitiveness of the urban renewal area creating a vibrant central business core for Meridian. Finally, the new levels of investment within the urban renewal area stimulated by the Meridian Development Corporation's actions will help offset the impact of revenue allocation financing through increased income, sales and excise taxes. Description of Urban Renewal Area The urban renewal area can be generally described as the area bounded by Fairview Avenue on the north, bounded by West 4th Street on the west, bounded by East 4th Street to Franklin Road then Stottard Drive to 1-84 on the east and bounded by 1-84 on the south. This area includes a diversity of structure types, economic uses, and public infrastructure. An economic activity center bonds this diverse area that can be defined as downtown Meridian. Each area is incomplete on its OlMl and depends upon the economic uses of the adjacent areas to create the dOlMltown zone. This report separates this area into six-sub areas for purposes of economic analysis. There are two purposes for breaking the urban renewal area (URA) into six zones. The first purpose is to compare the impact of having the Yellow Zone included instead of having the Red Zone included. The second reason is to better estimate the growth potential of the tax increment fmancing. See Appendix A for the accompanying map. The six sub- areas can be generally described as: 1. Blue Zone - The Blue Zone can be characterized as "old town". Currently it is a mixture of older brick and wood structures and small commercial buildings such as drive through banks. In this area it is anticipated that the economic redevelopment will be mostly remodels and infill of vacant lots. 2. Green Zone - The Green Zone is characterized as an area where many of the residential structures have been converted to commercial uses and retail structures have made inroads into the area. This is particularly true in the south Green Zone between Meridian and East 1st Streets. The southern section is currently experiencing rapid growth. It is possible that the northern border of the Green Zone could also experience a rapid redevelopment at some point in the future. W. David Eberle Consulting, Inc. Boise ID 5 3. Pink Zone - The Pink Zone is characterized by primary residential structures. It is a mix of single family mobile homes and higher density structures. It is anticipated that the use will primarily stay residential for the foreseeable future. 4. Orange Zone - The Orange Zone is predominately low-rise commercial and retail structures with some industrial uses. This zone includes the old creamery and the railroad property and is expected to experience significant new growth. 5. Red Zone - The Red Zone is predominately office/commercial with retail along the edge. It is anticipated that this will continue to develop as a commercial area with a retail component. 6. Yellow Zone - The Yellow Zone is predominately open space with mixed residential and retail along the edge of the zone. Currently this is underdeveloped because of poor road access into the area. If the Meridian, Main, Executive, and Waltman intersection is rebuilt it is anticipated that this area will experience rapid commercial growth. Growth Projections for the Meridian City Urban Renewal Area The urban renewal areas (URA) are comprised of several distinct areas. The characteristics that identify the different areas include building structures, road design and economic activity. These unique attributes mean that redevelopment activity will occur at different growth rates. An effort has been made to identify these characteristics and incorporate them into the model. Base Growth The Treasure Valley has experienced unprecedented growth for over ten years. It is difficult not to be optimistic about future growth as many of the elements that have led to the growth in the valley still remain. However, the valley and the City of Meridian are not immune to the national economy. Since early 2001 the U.S. economy has experienced a shallow recession and an act ofterrorism ending the longest economic expansion in U.S. history. The Treasure Valley is largely insulated from these economic shocks because people are moving to the valley and moving to Meridian because of the quality of life. In light of this uncertainty the population forecast prepared by COMPASS in February of this year may be more reasonable than the experience of the last ten years. 2000 -2025 Forecast Approved by CO:MP ASS February 2002 2000 2010 2015 2020 2025 Census COMPASS COMPASS COMPASS COMPASS Population Population Population Population Population Meridian 34,915 44,010 50,622 51,889 54,495 Ada County 300,904 402,949 455,493 466,745 491,520 Meridian Growth 26.05% 15.02% 2.50% 5.02% Ada Growth 33.91% 13.04% 2.47% 5.31% During the next ten years COMPASS expects that Meridian's population will increase by 26 percent. This contrasts with the 314 percent increase in population that Meridian has experienced over the last ten years. The forecast suggests that Meridian will return to W. David Eberle Consulting, Inc. Boise ID 6 growing at rates similar to the rest of the valley. There are structural as well as economic reasons why it is reasonable to expect Meridian to grow at a more conservative rate than the last decade. The primary factors that will contribute to this slowing of growth include that large tracts of relatively inexpensive land have already been developed. Congestion on the local roads no longer gives the area the rural"feel'\ and the market for lower middle income homes is migrating west to Canyon County as it migrated from Boise for the same reasons. This migration should not be taken to mean that economic growth needs to slow along with population growth. The typical transition for an economy is that with a threshold population base it is now possible to develop the retail and commercial infrastructure to support the base. The creation of the MDC will help create the economic infrastructure for the population to support the rapid residential growth of the last decade. Property Value Appreciation Wells Fargo Bank has estimated the annual increase in the cost of housing for the Boise area using a 1988 base. Over the last fourteen years the property values in the area have increased from a high of 11 percent to a low of -5 percent. During the last ten years the Boise market has increased at a little over 4 percent on average. The following table provides the historical annual increase in housing costs for the area. The table illustrates that the increase in housing costs can vary dramatically from year to year. It is important to remember that changing market costs lead the assessed value of property. Additionally, by the nature of the way that property value is assessed, there tends to be a smoothing effect on any trends in changing costs. Boise Area Cost-of Living Housing Costs (non-seasonally adjusted) Year Annual Percent Increase 1988 2.7% 1989 7.7% 1990 10.7% 1991 7.7% 1992 9.9% 1993 11.1% 1994 8.0% 1995 1.0% 1996 -4.9% 1997 3.1% 1998 5.2% 1999 2.1% 2000 8.2% 2001 -0.0% Ten Year Average 4.4% The Ada County Assessors Office has just released their estimated increase in assessed values for one fifth of Ada County. The Meridian area increased on average 6.3 percent for commercial real property and 5.5 percent for residential housing. This is above the county average of3.4 percent. There is considerable variance in changes in assessed W. David Eberle Consulting, Inc. Boise ID ( 7 value by neighborhood. North Meridian increased 2.6 percent while homes in Boise's North End rose 15 percent. This suggests that there is a general softening in the residential housing market with hot spots in desirable locations and desirable housing stock. However, the average property value increases remain above the Wells Fargo ten- year average. COMPASS's population estimates suggests that, in the latter part of the forecast, without a return to a general inflationary period, housing costs will continue to moderate. The property value is assumed to increase at two rates, 4.4 percent and 3.4 percent per year during the forecast period. Revenue Forecast Real Property Tax Increment Assessment All of the URD falls within Tax Code Area 03. The MDC is allowed to collect substantially all real and personal property tax on increases in assessed value of the real and personal property taxes within the urban renewal area. There are nine taxing areas. Only the Meridian School Area is permitted to keep $.004 per assessed dollar on the incremental assessed value increase within the area. The remaining taxing areas will not realize additional revenues from the URD. However, the economic development within the URD will accelerate economic growth outside the zone helping to offset this impact on the taxing areas. The calculation for the tax incremental finance income is the (current total assessed value less the base total assessed value) x (current mill levy - .004) =:: tax increment revenue. The only exception to this is the residential homes in the area that have the homeowner's exemption. For these properties the current assessed value and base value are reduced by the homeowner's exemption. The homeowners' exemption is calculated as $50,000 or 50% whichever is less. The table below shows the current mill levy charged on real and personal property. 2001 Tax Levy for Meridian Urban Renewal Area Tax Code Area 03 Entity Area Levy Ada County 1 $0.002772336 Ada County Highway Area 6 $0.001014584 Emergency Medical Services 3 $0.000117687 Joint School Area No.2 8 $0.006573151 Meridian Cemetery 24 $0.000057679 Meridian City 18 $0.003040177 Meridian Library 12 $0.000585497 Mosquito Abatement 43 $0.000023179 Western Ada Recreation 46 $0.000077663 TOTAL $0.014261953 Percent Change from Prior Year -4.2686% Estimated 2002 Tax Increment Levy $0.010261953 Because of the rapid growth of the Meridian property tax base, the mill levy has fallen over the last ten years. Last year the mill levy fell over four percent from the previous W. David Eberle Consulting, Inc. Boise ID 8 year. On average for the last ten years the mill levy for code 03 has fallen slightly more that one half of one percent annually. The mill levy is assumed to decrease six tenths of a percent per year for the forecast period. New Construction The URD six sub-areas are currently experiencing different rates of new construction. The following table is based on assumptions that can be found in Appendix B Significant New Structures. Based on interviews with the Meridian Building Department, MDC board, and local real estate professionals a list of properties within the URD that are already under construction or expected to be redeveloped are included. The following table summarizes the new construction in the area by sub-areas. The table includes two cumulative summaries. The first summary includes the Red Zone (excludes Yellow Zone) in the five sub-areas. This grouping has a base property value of $180 million. It can be anticipated that an additional $32 million in new construction will occur in the next five years. At this rate of growth there will be approximately 100 million dollars of new investment in the URA over the life of the MDC. This translates to, on average, approximately 4 million dollars of new investment occurring in the area annually. The second summary includes the Yellow Zone (excludes Red Zone) in the five sub- areas. This grouping has a base property value of $146 million. It can be anticipated that an additional $25 million in new construction will occur in the next five years. In substituting the Yellow Zone for the Red Zone the growth in anticipated new construction remains approximately at 3.5 percent. The property value base is lower with the inclusion of the Yellow Zone and construction is not anticipated in the Yellow Zone within the next five years. However, there should be greater appreciation in the Yellow Zone property value as the Red Zone has already experienced substantial increases in property value within the last several years. At this rate of growth there will be approximately 82 million dollars of new investment in the URA over the life of the MDC. This translates to, on average, approximately 3.5 million dollars of new investment occurring in the area annually. There are two areas where growth is expected to be the strongest. The Blue Zone may be considered the core of downtown with Idaho and Main Street as the center. There are two reasons for the high percentage of growth in this sub-area. The first is that it is assumed a major commercial office building will be built on the Nazarene Church site. The second is that the assessed base is relatively small. The second sub-area, the Orange Zone is adjacent to the Blue Zone just to the south. There are a number of planned projects in this area. It is reasonable that this will grow because of its location to the downtown and because it is relatively under built. W. David Eberle Consulting, Inc. Boise ID 9 ESTIMATED NEW CONSTRUCTION Sub Area Base 2002 2003 2004 2005 2006 Average Percent Change Blue $12,901,670 $0 $473,838 $6,122,692 $727,325 $707,125 15.66% Green $55,371,750 $894,081 $715,758 $331,200 $0 $5,866,383 2.94% Orange $28,527,417 $133,336 $1,298,098 $7,320,944 $1,397,560 $0 5.16% Pink $33,525,238 $0 $0 $0 $0 $0 0.00% Red $47,880,200 $0 $2,255,000 $550,000, $3,350,000 $0 2.57% Yellow $16,007,975 $0 $0 $0 $0 $0 0.00% TOTAL With $180,350,436 $1,024,417 $4,765,244 $14,324,836 $5,474,885 $6,573,508 3.57% Red CUM. With $180,350,436 $181,392,888 $186,158,132 $200,482,968 $205,957,853 $212,531,361 Red TOTAL With $148,478,211 $1,024,417 $2,487,694 $13,774,836 $2,124,885 $6,573,508 3.55% Yellow CUM. With $148,478,211 $149,502,628 $151,990,322 $165,765,158 $167,890,043 $174,463,551 Yellow The percentage increases are used to forecast new construction for the remaining nineteen years. Base Case Model With Red Zone The base case model assumes that there is no new construction in the URD. The current assessed value will on average increase 3.4 to 4.4 per year for the twenty-four year forecast period. It is expected that this will provide the conservative (low-end) estimate of the expected revenue stream to the URD. Under this base forecast the MDC can expect to collect between 21 to 30 million dollars over the twenty-four year period. If this income stream is discounted at the current 30 year government bond rate of 4.5 percent it would result in a cash value of between 10 to 14 million dollars. This value approximates the loan value if the total cash stream is dedicated to debt fmancing. Present Value of Tax Increment Financing On Real Property Over the Twenty-Four Year Life 4.5 Percent Interest Rate Growth Rate Total Blue Green Orange Pink Red 3.4% $10,536,44,0 $599,279 $3,100,233 $2,303,136 $1,736,543 $2,797,259 4.4% $14,583,079 $829,439 $4,290,912 $3,187,681 $2,403,469 $3,871,578 Most Likely Case Model With Red Zone The most likely case model uses the base case model with the addition of new construction. Under this set of assumptions the MDC can expect to collect 42 million doUars over the twenty-four year period. If this income stream is discounted at the current thirty year goveI1llllent bond rate of 4.5 percent it would result in a cash value range of 16 million to 21 million dollars depending upon the growth rate of3.4 or 4.4 percent. W. David Eberle Consulting, Inc. Boise ID 10 Present Value of Tax Increment Financing On Real Property Over the Twenty-Four Year life 4.5 Percent Interest Rate Growth Rate Total Blue Green Orange Pink Red 3.4% $16,682,644 $2,282,397 $4,496,503 $4,322,835 $1,736,534 $3,982,611 4.4% $21,415,807 $2,702,982 $5,711,555 $5,435,892 $2,403,469 $5,190,358 When comparing the base case with the most likely case the two sub-areas that increase proportionately more than the others are the Blue and Orange Zones. This is a reflection of the assumption that the downtown area will grow proportionately more in real estate value than the other Zones. Base Case Model With Yellow Zone The base case model assumes that there is no new construction in the URD. The current assessed value will on average increase 3.4 to 4.4 per year for the twenty-four year forecast period. It is expected that this will provide the conservative (low-end) estimate of the expected revenue stream to the URD. Under this base forecast the MDC can expect to collect between 17 to 23 million dollars over the twenty-four year period. If this income stream is discollilted at the current thirty year government bond rate of 4.5 percent it would result in a cash value of between 8 to 11 million dollars. This value approximates the loan value if the total cash stream is dedicated to debt financing. Present Value of Tax Increment Financing On Real Property Over the Twenty-Four Year life 4.5 Percent Interest Rate Growth Rate Total Blue Green Orange Pink Yellow 3.4% $8,549,134 $753,742 $3,234,931 $1,666,630 $1,958,613 $1,294,400 4.4% $11,832,525 $1,043,225 $4,477,342 $2,306,718 $2,710,840 $1,294,400 Most Likely Case Model With Yellow Zone The most likely case model uses the base case model with the addition of new construction. Under this set of assumptions the MDC can expect to collect 34 million dollars over the twenty-four year period. If this income stream is discounted at the current thirty year government bond rate of 4.5 percent it would result in a cash value range of 13 million to 17 million dollars depending upon the growth rate of3.4 or 4.4 percent. Present Value of Tax Increment Financing On Real Property Over the Twenty-Four Year life 4.5 Percent Interest Rate Growth Rate Total Blue Green Orange Pink Yellow 3.4% $13,497,078 $2,042,132 $4,692,958 $3,709,110 $1,958,613 $935,219 4.4% $17,332,005 $2,887,798 $6,023,386 $4,580,569 $2,710,840 $1,294,400 When comparing the base case with the most likely case the two sub-areas that increase proportionately more than the others are the Blue and Orange Zones. This is a reflection of the assumption that the downtown area will grow proportionately more in real estate value than the other areas. W. David Eberle Consulting, Inc. Boise ID II Five Year Forecast The forecast picture changes substantially if there is continued weakness in the economy. At the writing of this report there is significant uncertainty over the performance of the national and local economy. Both the threats of terrorism and weak capital investment have economic growth essentially stagnant. The national forecasters are evenly divided on whether the economy will expand or contract. The Treasure Valley should outperform both the state and national economies for the next several years. However, jfthere is not a significant increase in either business spending or an increase in consumer confidence, the economy could enter a period of economic performance similar to the early 1980s where little economic growth occurred. What this means for TIF is that the experience of the last ten years may not be representative of the next ten years. Five Year Forecast - With Red Zone This forecast reflects the less optimistic picture of the future. A one percentage point drop in the assessed value growth rate will lower the TIF income to the MDC by approximately $440,000 over the first five years. It is also possible that the 4.4 percent growth rate will be exceeded. There should be a contingency plan for up to a fifteen percent variance in the revenue estimate. Nominal Value of Tax Increment Financing Over the First Five Years Under Most Likely Scenario Growth Rate 2003 2004 2005 2006 2007 Total 3.4% $191,492 $411,391 $541,453 $674,,678 $854,336 $2,673,350 4.4% $229,781 $472,227 $626,656 $786,001 $998,725 $3,113,390 Difference -$38,289 -$60,836 "$85,203 -$111,323 -$144,389 $440,040 Five Year Forecast - With Yellow Zone This forecast reflects the less optimistic picture of the future. A one percentage point drop in the assessed value growth rate will lower the TIF income to the MDC by approximately $350,000 over the [lIst five years. It is also possible that the 4.4 percent growth rate will be exceeded. There should be a contingency plan for up to a fifteen percent variance in the revenue estimate. Nominal Value of Tax Increment Financing Over the First Five Years Under Most Likely Scenario Growth Rate 2003 2004 2005 2006 2007 Total 3.4% $142,688 $343,670 $425,045 $545,775 $691,086 $2,148,264 4.4% $173,637 $393,000 $494,013 $635,919 $808,007 $2,504,576 Difference -$30,949 -$49,330 -$68,968 -$90,144 -$116,921 -$356,312 Revenue Forecast Personal Property There is additional revenue that will be collected by the rvIDC from personal property tax on commercial businesses. At the writing oftltis report the data set that computes an accurate value of the personal property tax is not available. The Assessors Office suggests that personal property tax is approximately three percent of the real property tax. The incremental personal property tax will contribute approximately three thousand w. David Eberle Consulting, Inc. Boise JD 12 dollars the first year and approximately fifty thousand dollars over the first five years. This dollar amount is not included in the cash flow budget but can be seen in the revenue forecast appendix. Capital and Operating Budget A preliminary capital and operating budget has been prepared. There are several assumptions made for purposes of this report. The revenues have been increased based on the ten-year average real property inflation rate for the Treasure Valley, thus increasing the assessed values by that amount. All expenses have been adjusted by the ten-year average CPI rate of2.6 percent. Revenue Assumptions In this budget there are three basic sources of revenue. The first is the TIF based on the most likely forecast. The second source is parking revenues on an assumed 250 stall parking structure. Based on Capital City Development Corporation ("CCDC"), records it is assumed that the MDC will be able to earn $400 per stall annually. The revenue estimate is approximately $60 per stall less than what Boise is able to get from their facilities. It is assumed that Meridian will have to charge less over the next several years in order for people to gain acceptance of the facility. And, fmally, the third source is debt fmancing. There are three sources of debt financing used in this analysis. The first is a construction loan interest only, the second is a long term fmancing bond and the third is a line of credit with the banIe The three types of revenue sources are required because the capital expenditures occur in the early years while the majority of the TIF occurs in the later years ofthe life of the MDC. It is assumed that the MDC borrows the requisite funds at a 7.5 percent interest rate on all short term debt fmancing. The long-term bond carries an interest rate of 4.5 percent on a twenty-year term. Operating Expense Assumptions Starting in late FY 2003 it is assumed that a full-time director is hired with a salary and benefits package of ninety thousand dollars per year. This is a very competitive salary. In FY 2004 the current part-time employee is made full-time with a salary package of fifty thousand dollars per year. Additionally, office expenses are also added in FY2003. The salary and office expenses are increased ten percent per year through the project life. For the first three years there is an outside expertise to aid the MDC to reach a fully functioning development agency. Finally, it will cost $280 per stall for operations and maintenance of the facility once it is constructed. At this point in time there are no other operating expenses contemplated. These assumptions are relevant for the first five years. Beyond this time, actual experience and decisions will supersede this forecast. Capital Expense Assumptions It is contemplated at the VvTiting of this plan that there will be a number of significant capital projects. The first is a joint project with the City of Meridian in the construction of a new city hall within the urban renewal district. The second is the construction of a parking structure to serve the downtown core. These are complex decisions that will W. David Eberle Consulting, Inc. Boise ID 13 involve a number of public and private institutions. The assumptions used in this economic analysis are but one method that these capital structures may be built. At the writing of this report the rvrnc and the City of Meridian are in the preliminary stage of discussion and the questions of location, ownership and fmancing are still open. It is anticipated that once decisions on these matters have been made that the MDC budget will be adjusted to reflect the contractual relationship between the MDC and the City of Meridian. Meridian City Hall It is assumed that there will be a new city hall built within the Blue Zone within the next three years. Based on preliminary construction estimates provided by the city it will cost approximately $13 million in today's dollars. In this budget it is assumed that a contractual relationship will be made between the city and MDC for MDC to issue bonds for the permanent fmancing of the city hall backed by a one year renewal lease equal to the debt payment. As depicted, the rvrnc would facilitate a conduit financing transaction. No direct TIF support for the City Hall is shown. IfTIF funds were available, MDC could contribute to the facility. This budget does not include the purchase ofthe land, construction loan, or other cash outlays that may be necessary to complete the city hall. The budget reflects that the bond would be issued in early fiscal year 2005. Operation and maintenance expenses would be the responsibility of the City. Parking Structure It is assumed that the rvrnc will fund the construction of a 250 stall parking structure at $12,000 per stall in 2006. This value is consistent with the costs experienced by the CCDC. Purchase of Land and Structures There is the possibility of a need for the MDC to purchase land and or structures to stimulate economic growth within the Blue Zone. It is too early in the process to be able to identify the specific parcels and therefore there currently is no expenditure in the budget for such purchases. Gateway and Infrastructure Improvements It is assumed that in 2011 plans for gateway and infrastructure improvements have been made and that a $5,000,000 bond is issued to cover the cost of improvements. At this time these improvements may include street upgrades in the Green Zone and or public art. These enhancements will announce the entrance to Meridian. There is still considerable discussion as to the nature of a signature gateway and its location. The possible infrastructure improvements may include sewer upgrade, fire hydrant upgrade, improved road access and or historical lighting. These gateway and infrastructure improvements may be built in the Green, Orange or Blue Zones. Programs Expense Assumptions There are three programs contemplated in this budget. The first is a facade grant program. The second is a streetscape reimbursement program. And the third is a public facilities upgrade program. W. David Eberle Consulting, Inc. Boise ID ( c 14 When a new development or redevelopment is proposed a calculation is determined as to the amount ofTIF that will be generated from the program. This creates an available pool from which to reimburse the developer for costs unique to the redevelopment area. This would include special design standards for the building and streetscape. Additionally, depending upon the location of the project, there may be a need to improve the public infrastructure. To the extent that improvements are beyond the city responsibility, the i\1DC will work with the city to coordinate the upgrade of public infrastructure to promote growth in the URA. Streetscape and Facade Improvement Program It is contemplated that the MDC will create a grant program to help local landowners upgrade their streetscape and building facades within the Blue Zone to the new design standards. This program may also extend into other zones as redevelopment patterns emerge over time. The program, when fully funded, will provide $200,000 in current dollars annually for the life of the 1vfDC. However, not until 2008 will the:MDC be able to fully fund this program under the assumptions made in this report. Direct involvement with building facades remains subject to applicable urban renewal law and other regulations. Net Cash Flow Analysis - With Yellow Zone The following table provides a preliminary operating budget for the 1vfDC with the Yellow Zone. This cash flow projection is an aggressive plan. It is important to understand that if the regional economy remains strong this budget is possible without grants from BUD or other sources. It would be possible to accelerate some of the capital programs with the award of grants. For a complete budget projection the appendix carries the projections out to 2026. If the :MDC determines that a sinking fund is appropriate to prepay the remaining balance on the bonds by 2026 there will be sufficient income to pay off the existing bonds and construct a second parking garage. w. David Eberle Consulting, Inc. Boise ID 15 CASH FLOW PROJECTION With 4.37 % Growth Rate 2003 2004 2005 2006 2007 2008 INCOME TIF $10,759 $122,019 $275,067 $430,589 $552,646 $705,071 CITY OF MERIDIAN $40,000 $40,000 $840,298 $840,298 $840,298 $840,298 PARKING $113,222 INTEREST OTHER $10,000 DEBT $13,687,527 $3,317,320 TOTAL $60,759 $162,019 $14,802,892 $1,270,887 $4,710,265 $1,658,591 EXPENDITURES OPERA TfNG STAFF $10,000 $100,000 $150,000 $165,000 $181,500 $199,650 OUTSIDE EXPERTISE $45,000 $20,000 $15,000 $15,000 $135,000 $15,000 OFFICE EXPENSES $25,000 $27,500 $30,250 $33,275 $36,603 MANTENANCE EXPENSE $77 ,404 $79,571 TOTAL OPERATING EXP. $55,000 $145,000 $192,500 $210,250 $427,179 $330,824 CAPli AL FACADE & ST.-SCAPE $5,000 $15,000 $20,000 $25,000 $30,000 $200,000 LAND STRUCTURES $13,687,527 $3,317,320 TOTAL CAPITAL EXP. $0 $0 $13,687,527 $0 $3,317,320 $0 DEBT REPAYMENT S.T. LOAN $300,000 L.T. LOAN $840,298 $840,298 $840,298 $1,043,954 TOTAL DEBT PAYMENTS $0 $0 $840,298 $840,298 $1,140,298 $1,043,954 TOTAL $60,000 $160,000 $14,740,325 $1,075,548 $4,914,798 $1,574,778 NET INCOME $759 $2,019 $62,567 $195,339 -$204,533 $83,813 LINE OF CREDIT BAL. $759 $2,800 $65,450 $277,403 $58,363 $148,637 Potential Funding Sources There a number of funding sources available to the MDC and urban renewal area. Each source has unique advantages and costs. In this list there are a variety of subsidized funding sources for private businesses. One of the staff functions of the MDC should be to work with businesses within the URD in applying for these funds. ]. Loea/Improvement Areas (LID) A LID is a compulsory funding through a special assessment that is then typically used to secure bonded indebtedness to fund capital improvements. W. David Eberle Consulting, Inc. Boise lD 16 2. Business Improvement Area (BID) A BID is a compulsory funding mechanism through a special taxing district. Most often these organizations are used to pay for services that the local government is unable to fund and to organize promotional events for the area. For example, the Boise BID contracts with ACHD to have the streets cleaned more often. 3. Historic Tax Credits Historic Tax Credits are available to developers who retain the character of a historically designated structure. The lvIDC can be instrumental in creating historic areas or identifying historic properties that could be eligible for the credit. It is incumbent upon the developer to apply for this income tax credit. 4. Industrial Revenue Bonds The State ofIdaho allows communities to issue industrial revenue bonds. 5. SBA504 Program Capital Matrix administers this Small Business Administration (SBA) program that can subsidize interest on loans to qualifying businesses for building costs, equipment and lease hold improvements through the sale of reduced interest debentures. 6. Municipal Bond Bank The State of Idaho Treasurer's Office will be offering its credit rating to local municipalities as defined in IC 67-8702 where the state will "roll up" local bonding requirements into a state offering twice a year. This will substantially reduce the underwriting and finance costs. 7. Certificates of Participation (COP) Public facilities can be built and financed by a private developer and have the property leased back to the public entity. This funding alternative works for structures that produce sufficient cash flow to cover the debt. 8. Home Program This BUD program is a city administered program that subsidies new construction or other special housing needs. Currently the program does not exist in Meridian. 7. City Housing J?,ehabilitation Fund This is a city-administered program to subsidize interest rates for remodeling and rehabilitation. This program uses a revolving fund ofHUD money. Currently, the program does not exist in Meridian. 8. Community Development Block Grant (CDBG) Currently, the state administers 9.8 million dollars annually through this program. These funds can be used for job creation, community development or low-income housing. For FY 2002 there is only about $100,000 dollars left in the fund. These grants are limited to $500,000. 9. Economic Development Authority (EDA) Grants These grants are for communities that have unemployment rates above the national average and per capita income below the national average. Currently, Ada County does not qualify for this program. 10. Surface Transportation Program Authorized through the Intermodal Surface Transportation Efficiency Act (ISTEA), this program provides grants for demonstration projects or alternative modal transportation routes to enhance air quality and ease traffic congestion. These grants are applied for through COMPASS. 1 I. Developer Contributions W. David Eberle Consulting, Inc. Boise ID 17 The city may require exactions from developers to contribute towards public infrastructure that will be required as a result of the development. 12. Developer Advances Currently, ACHD allows developers to contribute funds to bring forward in time a road project that a developer believes needs to be built today for the success of their project. 13. Long Term Ground Lease If the MDC gains title to land with strong development potential the MDC can ground lease the property to accelerate development on the site by reducing the up front costs to the developer. 14. Private Foundations There are private foundations that will lend for historic preservation. One such foundation is the Johanna Favot Fund through the National Trust for Historic Preservations, which awards grants up to $25,000. Next Steps There are a number of next steps in completing the economic feasibility study. The frrst question of revenue impact has been answered. The second question of how the funds will be used to revitalize the urban renewal area needs further refinement. Plans need to be developed that will: 1. Help existing business find better ways to meet their customers needs 2. Recruit new businesses into the area 3. Determine highest and best uses for empty or vacant lots within the area 4. Develop incentive programs to help existing landovvners improve their properties 5. Build on local market opportunities Essentially the task of the MDC, in addition to encouraging new investment in the area, is to reposition dovvntovvn in the market place. To help identify how downtown should be repositioned several additional analyses can be conducted. The first is a market study that: 1. Identifies the sales leakage from the area 2. Identifies the trade area 3. Identifies the consumers who shop in the area 4. Identifies dovvntown's weaknesses The second study is a socio economic analysis that evaluates the demographic profile of the people who shop dovvntown and compares them to the larger population. This is a study that the Meridian Chamber of Commerce and the local BID should participate in and update annually. A third study relates to the implementation plans, prepares a dovvntown inventory of existing structures and evaluates the displacement of business and people resulting from the new investment. This is a study that the local BID should actively participate in. W. David Eberle Consulting, fnc. Boise lD ]8 Definitions ACHD - Ada County Highway District BID - Business Improvement Area CCDC - Capital City Development Corporation CDBG - Community Development Block Grants COMP ASS - Community Planning Association EDA - Economic Development Authority ISTEA - Intermodal Surface Transportation Efficiency Act LID - Local Improvement District :MDC - Meridian Development Corporation SBA - Small Business Administration URD - Urban Renewal Area TIF - Tax Increment Financing. This is the same as revenue allocation financing as stated in Idaho Code. References 1. Mainstreet National Trust, 2002, "Revitalizing Downtown, The Professionals Guide to the Main Street Approach '\ Washington DC 2. Partners for Livable Communities, 2000, "The Liveable City, Revitalizing Urban Communities", McGraw Hil~ Washington DC 3. COMPASS 2025 population forecast. www_olanning.orgjd.us 4. Wells Fargo Bank inflation indices for Boise area, www.drsolm.com/#. 5. Keyser Marston Associates, Inc., October 2001, "Economic Feasibility Westside Downtown Urban Renewal Area" 6. CCDC Parking Costs provided by Max Black 7. Ada County Assessors Office, 2002 Property Tax Base for Meridian provided by Robert McQuade 8. Preliminary Downtown Moscow Revitalization Plan Chapter 6, "Implementation and Actions StrategytJ, Dufrense-Henery, presented January 11, 2002 9. Tax Allocation Financing Feasibility Study for the Research and Technology Park Business Planning Consultants Inc., May 1996 10. Urban Renewal Agency ofthe City ofNampa ORD 2449 December 20,1994 11. City of Twin Falls ORD 2684 Urban Renewal Area #4 ORD 2579 Urban Renewal Plan for Urban Renewal Area #4 and Creating Revenue Allocation Area #4-1 prepared by Urban Renewal Agency ofthe City of Twin Falls, April 1998 12. Midtown Northwest Boulevard Downtown Proposal Presented: December 16, 1997 City Hall Coeur d'Alene, ID Westside Downtown Master Plan Boise City Council ORD 6108 Ex 3 Adopted December 8,2001 13. Lindsay Boulevard Urban Renewal Plan, City ofIdaho Falls ORD 1926 Adopted December 23, 1988 Amended 1992 14. Second Amended and Restated Urban Renewal Plan South Lincoln Urban Renewal Project Jerome Urban Renewal Agency, City of Jerome, ID ORD 870 Adopted December 22,1998 Amendment 1 November 2, 1999 Amendment 2 December 19, 2000 15. Urban Renewal Plan, Fourth Street Urban Renewal Project Post Falls Urban Renewal Commission, City of Post Falls, no effective date W. David Eberle Consulting, Inc. Boise ID 19 16. River Front Urban Renewal Plan Garden City, ID October 1996 17. Eligibility Report for the Rigby Urban Renewal Agency Prepared by Elam Burke March 2002 18. Urban Renewal Plan McCollum Addition and Adjacent Areas, Urban Renewal Project Buhl Urban Renewal Agency, City of Buhl ID November 2000 w. David Eberle Consulting, Inc. Boise ID Appendix A Map of Urban Renewal Area With Sub-Areas ~~% 1;' I ~U~1\ r1 6J llJJLrr~rLrvi9w ~ = f:: 1" ~.~ J- == -1-= II / ~ ~' ) LH- I- ,--\' I I -.....1....- = = - hL::::= _--L t \.--"" I = -= , _ _ = _ I -/ '--- -- I - - s=J ----' 'll \/ II LL ~~ -=: - ~ ~ =::: ~~ =f =;;; ==:::E t::d L BrVrID~ m -I~ I "- :+: EEEEEB ~ H u ~I~( - ~v I I II \ \. -/.... 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".._::: .. ,', . _.-. ,.-...".... ~~ 0 ~~r" p I'~ ....i... ... .................<.. ... .. l 0 ........... .... ........ ... -' I T ..... ~ ..... Ej ~~ ~ ~ ~ mID ~~~ ffi11lffi ~ ~ IIIfI n m DIIJJ DillIJ LEIEJIEj Billill] o DEiIfm E[]]JJ [I]J] ~ DillfiIill] =10 ~ BI=::J rnJJJ 00W _ ~ :jEj Cd tIHaBil Eill1J[]] ITillI EL/1]]fl LffiITIjj ~~!~~~ II I. [P)(Q)@fRi ~(Q)fFJf \ LJ W-L I I I I I "\,::J L----Fai-I :}l 1P .8M' c! H!I1Iffii ... IIIIIJ ITIIIEI BJJJ BIlTI [I]]] rnm [[[[[] ~@@~ (g(Q)WJl Appendix B Significant New Structures Within the Next Five Years Twenty-three sites have been identified as having a good probability of redeveloping within the next five years. Several of these properties are currently under construction. The developments are listed by sub- areas. Assumption Summary I. It is assumed that the growth rate that this construction represents is indicative of the growth pattern for the next twenty-four years. The expected new development has been allocated to the sub-areas within the URD. This will generate a different growth rate for each sub-area. 2. It is assumed that the current land value ranges from $3.25 per square foot to $8 per square foot in the urban core. 3. It is assumed that construction in the URD ranges from $50 per square foot to $150 per square foot. Expected Developments Orange Zone 1. City Hall- NE corner ofRR and East 1 st Street. The development of this block has no impact on the tax roles because it is currently owned by Union Pacific Railroad. The New City Hall Existing New Address Parcel Number Broadway Street Total Assessed Value $0 Allocation to Land Allocation to Building Total Land Square Footage Building Square Footage Increase or Decrease in Value $0 2. Parking Structure - The proposed parking structure will also be built on the City Hall site. It is assumed that this will be built concurrently with the City Hall. Since this structure is assumed to be publicly owned and built on railroad land there is no impact on the property tax base. 3. Creamery - The old creamery site located between Meridian Road and. 1 st Street has a developer actively considering redeveloping this site. It is anticipated that this would become mixed use retail! commercial. The proposed development has a number of issues to overcome for the developer to proceed with this project. For purposes oftms report it is assumed that the creamery will be redeveloped within the next three years. The land is assessed at $8 per square foot. It is assumed that there will be 60,000 square feet of use able space valued at $110 per square foot. ! Creamery - Kline I Line 450 and 451 Existing New 3m Year Address 273 Broadway Parcel Number R5672000006 R5672000006 Total Assessed Value $357,400 $357,400 Allocation to Land $1,435,744 Allocation to Building $6,600,000 Total $8,035,744 Land Square Footage 89,734 89,734 Building Square Footage 60,000 Increase or Decrease in Value $7,320,944 4. The project site south of Rail Road Tracks (Double D) - Currently this site has Bower and Meridian Farm Sales and Feed located on the site. It is prime location just outside the core area. The land is valued at $6 per square foot and it is assumed that there will be at least a 13,600 square foot building on this site. The building is valued at $110 per square foot. Double D Line 334 Existing New 4ln Year Address 502 E 1 st Street Parcel Number R1039000360 Total Assessed Value $205,600 Allocation to Land $107,160 Allocation to Building $62,723 $1,496,000 Total $1,603,160 Land Square Footage 17,860 Building Square Footage 13,600 Increase or Decrease in Value $1,397,560 5. Fourplex (Thornton Complex) - This complex is actively being developed. There will be 4,320 square feet of residential space in the URD zone. The land is valued at $3 per square foot and the building is valued at $80 per square foot. Thornton Complex Line 481 Existing New 2"0 Year Address 121 King Street Parcel Number R9426000105 Total Assessed Value $ 51,100 Allocation to Land $ 19,602 Allocation to Building $345,600 Total $365,202 Square Footage 6,534 Building Square Footage, 4,320 Increase or Decrease in Value $314,102 6. Auto Repair Shop -Blessin's Auto Repair Service is currently under remodel and is expected to be on the tax roles before December 31 of this year. The land is assumed at $3 per square foot. It is assumed that the building will be 2,400 square feet and valued at $70 per square foot. Blessints Repair Service Line 401 Existing New 1st Year Address 343 E Bower Street Parcel Number R1042150835 Total Assessed Value $ 60,800 Allocation to Land $ 26,136 Allocation to Building $168,000 Total $194,136 Land Square Footage 8,712 Building Square Footage 2,400 Increase or Decrease in Value $133,336 7. Franklin and Meridian - 2 lots to develop with commercial linear parcels There are two prime industrial zoned lots that have a high probability of developing. It is assumed that the lots will be combined and a 20,000 square foot facility will be placed on this site. The land is valued at $3 per square foot and the building at $50 per square foot. Lot 1 Line 469 Existing New 2nu Year Address 403 N Meridian Road Parcel Number R8342000325 Total Assessed Value $76,800 exempt $18,250 Allocation to Land $66,648 Allocation to Building 1/2 of building $500,000 Total $566,648 Land Square Footage 22,216 Building Square Footage 10,000 Increase or Decrease in Value $489,848 8. Lot 2 Line 467 Existing New 2na Year Address 337 N Meridian Road Parcel Number R8342000315 Total Assessed Value $72,500 Allocation to Land $66,648 Allocation to Building $500,000 T ota! $566,648 Land Square Footage 22,216 Building Square Footage 10,000 Increase or Decrease in Value $494,148 Blue Zone 9. Nazarene Church site - This site is a prime downtown location. Currently this property is not on the tax roles. Ifit were to be redeveloped as a "for profit" organization the value would be $8 per square foot and the building $110 per square foot. It is possible that a three story commercial structure could be built on this lot with a 16,600 square footprint. Nazarene Church Line 29 Existing New 3ra Year Address 831 East 1 SI Street Parcel Number R5672000545 Total Assessed Value $220700 Allocation to Land $289,232 Allocation to Building $5,478,000 Total $5767,232 Land SQuare Footage 36,154 Building Square Footage 49,800 Increase or Decrease in Value $5,546,532 10. Idaho Street east of East 1st Street - There are four structures that are expected to be redeveloped within the next five years. It is assumed that the base ground is $8 per square foot and the buildings will cover over eighty percent of the ground and have two stories. The buildings are valued at $110 per square foot. There are no permit applications at this time. However, the creation ofthe MDC and the redevelopment of Generations Plaza make this block a prime location for redevelopment. Idaho Street Line 41 Existing New Address 139 East Idaho 2na Year Parcel Number R5672000635 Total Assessed Value $167,400 Allocation to Land $27,878 Allocation to Building $613,360 Total $641,238 Land Square Footage 3,485 Building Square Footage 5,576 Increase or Decrease in Value $473,838 11. 12. 13. Idaho Street Line 50 Existing New 3m Year Address 118 East Idaho Parcel Number R5672000735 Total Assessed Value $65,200 Allocation to Land $27,878 Allocation to Building $613,360 Total $641,238 Land Square Footage 3,485 Building Square Footage 5,576 Increase or Decrease in Value $576,160 Idaho Street Line 53 Existing New 4ID Year Address 130 East Idaho Parcel Number R5672000750 Total Assessed Value $154,400 Allocation to Land $38,333 Allocation to Building $843,392 Total $881,725 Land Square Footage 4,792 Building Square Footage 7,667 Increase or Decrease in Value $727,325 Idaho Street Line 54 Existing New 5tl1 Year Address 136 East Idaho Parcel Number R5672000760 Total Assessed Value $174,600 Allocation to Land $38,333 Allocation to Building $843,392 Total $881,725 Land Square Footage 4,792 Building Square Footage 7,667 Increase or Decrease in Value $707,125 Red Zone 14. Capital Educators Federal Credit Union - This project is currently under construction and will be assessed by year-end. The building will be approximately 20,500 square feet and has been estimated at $110 per square foot. Capital Educators Federal Credit Union Lines 678,679,682,683 Existing New IS! Year Address 549 E Scenery Lane Parcel Number R3 720690060 R3720690090 R3720690100 R3720690050 Total Assessed Value $116,800 $119,000 $117,600 $120,200 Allocation to Land $473,600 $473,600 Allocation to Building $2,255,000 Total $473,600 $2,728,600 Square Footage 172,192 Building Square Footage 20,500 Increase or Decrease in Value $2,255,000 15. New Strip Mall A - It is expected that a similar structure to the one that COMPASS currently leases will be built to the north of the current structure. The lot that has the strip mall on it has a total assessed value of $2,420,200 with 1.561 acres. Assuming that the lot to the north is only assessed at bare ground this would give an assessed value of$3.25 per square foot. On this basis the strip mall site would have a land value of$719,31O and a building value of$I,700,890. This lot is smaller than the comparable lot and a portion has an existing building on it. It is assumed that the strip mall built on this site will be about half the size ofthe building adjacent to it. Building Site Adjacent to COMPASS, Expansion of Existing Commercial Strip Line 629 Existing New4lll Year Address 740 East Corporate Drive Parcel Number R1343500253 Total Assessed Value $429,000 Allocation to Land $429,000 Allocation to Building $800,000 Total Land Square Footage 131,986 Building Square Footage 15,462 Increase or Decrease in Value $800,000 16. Strip Mall B - This site is across the street from the strip mall occupied by COMPASS. It is a comparable site and it is likely that similar use will be built on this location. Thus the same values as the assessed value for the COI\.1PASS site was used with land value at $3.5 per square foot. : New Strip Mall i Lines 645 & 646 Existing New 411l Year Address 929 & 1047 S Industry Way Parcel Number R1343550250 R13435500200 Total Assessed Value $ 588,800 Allocation to Land $ 588,800 Allocation to Building $2,000,000 Total $2,588,800 Land Square Footage 168,228 Building Square Footage 18,181 Increase or Decrease in Value $2,000,000 17. Building Pads Adjacent to Lee Reed - The land value along the freeway is higher than property on the interior of the corporate park. This land is currently assessed at $4.20 to $5.94 per square foot. These values are used for this calculation. It is assumed that two 5,000 square foot structures will locate on these two parcels valued at $110 per square foot. Site One Line 649 Existing New 3m Year Address 1136 Industry Way Parcel Number R1343550500 Total Assessed Value $393,600 Allocation to Land $393,600 Allocation to Building $550,000 Total $943,600 Land Square Footage 66,254 Building Square Footage 5,000 Increase or Decrease in Value $550,000 18. Site Two Line 648 Existing New 511l Year Address 1120 S Industry Parcel Number R1343550450 Total Assessed Value $331,300 Allocation to Land $331,300 Allocation to Building $550,000 Total $881300 Land Square Footage 78,712 Building Square Footage 5,000 Increase or Decrease in Value $550,000 Green Zone 19. Wendy's and the Coffee Kiosk site - This site is currently under construction. There will be two commercial enterprises on this site, Wendy's and the Coffee Kiosk. This site has a land value of > > $6.25 per square foot. 11\. JSsumed that a 3,400 square foot struct( will be built on the Wendy's pad at $150 per square foot. It is assumed that a 1,350 square foot structure will be built on the Coffee Kiosk pad at $150 per square foot. This is a total of 4, 750 square feet of structures. Wendis & Coffee Kiosk Lines 287 & 288 Existing New 1st Year Address 536 S Meridian Road Parcel Number S1118233669 S1118233811 Total Assessed Value $408,400 $174,700 Allocation to Land $583,100 Allocation to Building $712,500 Total $1,295,600 Square footage 51,052 12,066 Building Square Footage 3,400 1,350 Increase or Decrease in Value $712,500 20. The Kentucky Fried Chicken / A&W site - This site is currently under construction. The land is valued at $6.25 per square foot. It is assumed that a 3,675 square foot structure will be built on this site for $120 per square foot. It is also assumed that a second structure will be built on the old Kentucky site that would be 2,750 square feet at $120 per square foot. Kentucky Fried Chicken / A&W Line 290 Existing New 1 st Year New 3ra Year Address 677 E 1 st Street Parcel Number 81118233862 Total Assessed Value $580,400 Allocation to Land $320,981 Allocation to Building $441;000 $331,200 Total $761,981 Land Square Footage 51,357 Building Square Footage 3,675 2,750 Increase or Decrease in Value $181,581 $331,200 21. Building Site Adjacent to Home Federal- This property is assumed to be valued at $8 per square foot. This is a prime location that can easily handle two structures. It is assumed that there will be a total of 50;000 square feet built on this site at $110 per square foot. , Building Site Adjacent to Home Fedd Line 278 Existing New 51n Year Address 97 East 2nd Street Parcel Number S 1118223264 Total Assessed Value $662,200 Exempt $47,700 Allocation to Land $980,883 Allocation to Building $5,500,000 Total $6,480,883 Land Square Footage 108,987 Building Square Footage 50,000 Increase or Decrease in Value $5,866,383 22. School site - A new school is proposed on the site of the old high school. It will be a private religious affiliated school taking the property off the tax rolls. Cole Valley Christian School Lines 233 & 234 Existing New 2na Year Address 1175 E 21/2 &1225 E 21/2 Street Parcel Number R7745460030 R7745460040 Total Assessed Value $234,900 $48,700 Allocation to Land Allocation to Building Total $0 Land Square Footage 68,128 Building Square Footage Increase or Decrease in Value <$283,600> 23. Two Story Office Building - The two-story office building has land valued at $8 per square foot and the building at $110 per square foot. This project has not been issued a building permit; however, the developers have talked with the building department. Milt Earhart Office Building Line 267 Existing New 2na Year Address East 1st Street Parcel Number S1107223480 Total Assessed Value $76,200 Allocation to Land $121,968 Allocation to Building $953,590 Total $1,075,558 Land Square Footage 15,246 Building Square Footage 8,669 Increase or Decrease in Value $999,358 Appendix C -1 Detailed Forecast And Cash Flow Statements: URA with Yellow Zone Using 3.40/0 Base Growth Rate - ~o:> It"> g~ s-O - to '<t OJ 00 -- It"> 0:><'"> .... ~ ~ It"> ItlOJ '<t ~ U) a aO ........ 0:> "'.... ~ ...., O. t-. (:01.'> -< OJ a 00 aoQ) <<l;. .... . .., 6 ~..; ..; <0 ..; <0 o' 66 ,<3> .... o~ aa .... t-<"l <"l "'" ~ 0Q) ..... -< (:0 ~ .... g$. It">'" to <D 00 <0 <0 or- ('oIlfl lfl lfl ('01 <"l. <"l. a> .... Cf5 <h <fl <h .a <0 "'" Ih ;h <t'1 ........ ~ <It Q) <h ..,. lfl .,. 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CD Q.~ E E .5 -c- 0 en ~ a - CI () 0 ~ ~ -L9-0ou......o .f! 0--0 :g:-gii.~.50oo;~ "0 U)-S mmf:!~o~..g!!.2! ~ CUm g8.l1lg'Uigdrg- m ~~ ~L~ig"~~~~~ ~ ft~ (Q(rJ5~c~fI').!:2m -W ~a $~~~~~~g15 ~ :S~ aiEEEEE~q",,,,~,,,~~:g o..::3:;':J: j:J;;o mO 1110 Cl= ~~~~~~rn(Q N.J::NO .mm~ro~ro":=:>-,"":>- .~ N=~~'=:::::=('I')'VLJ....,-u.."'-N Appendix D T echnical Notes 1. The data set is brought over in six data files. Pink West, Pink. East, Green North, Green South, Blue, Orange and Yellow. The maps in appendix A provide the boundaries for each of these data sets. 2. Before the data sets have been imported into the spreadsheet they should have a color field added and be sorted by parcel number. Care should be taken to select all columns before the sort function. The yellow and green data sets should be combined before sorting on parcel number. Sorting each data set by parcel (be sure to include all fields on select) will allow easier selection of specific parcels that may be of interest. After the sorting insert a column in column B and add a field COLOR. Duplicate the color in all the rows with a record. This will provide an additional sorting and verification field in the master spreadsheet. 3. Once each color data set has been sorted then the page can be "blocked", copied and then pasted into the master spreadsheet. After the copy function check the modified urbpoly sheet to see that the color lines match the actual number ofrows in each color sheet. It is possible that a parcel has been deleted or added. In the event that the number ofrecords have changed it will be necessary to delete or insert the appropriate number ofrows so that the modified urbpoly sheet matches the number ofrows on the color sheets. 4. On the historic data sheet there is a growth factor field that will drive the model. By changing the growth factor it will change all subsequent spreadsheets. 5. The modified urbpoly sheet has columns for known construction for the first five years. Entering new construction in these columns will automatically update the new construction growth factors and the revenue forecast. 6. Changes can be made directly to the cash flow statement and the line of credit will automatically recalculate. Care should be taken to make sure you are not entering in a cell that is linked to other pages. Exhibit 4 SUMMARY OF ORDINANCE NO. tl2- 187 Z:\ Work\M\Mcridian\Meridian ] 5360M\Ordinanccs City l-Iall\2002 ORD\Ordinance MDC Rcvit Plan] 0 1 ] 02.rtf ORDINANCE - 13 MDC REVIT PLAN ORDINANCE WHITE PETERSON WillTE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEvIN E. DINlUS JUIlE I<LEIN FIscHER W",- F. GJGRAY, In T. GUY HAL.l.AM" D. SAMUEl. JOIINSON Wll.LlAM A MORROW WlLllAM F. NICHOl..';" CllRlsTOPHER S. NYE PHllJP A PE1'ER.SON ERICA S. PHlLUPS ERIc S. ROSSMAN TODD A Ross.>.IAN DAVID M. SWARTI.EY PAMELAJ.TARLOW TE:Rl\ENCER. WllITEu NICHOu,sL. WOllEN ATTORNEYS AT LAw NAMPA OFFICE 5700 E. FRANKLIN RD., SUlTE200 NA!I.1PA. IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466..4405 830 N. MAIN STREET, SUITE 200 POST OFFICE Box 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 PLEASE REPLY TO MERIDIAN OFFICE "Also admitted in OR "" Alsondmilled in WA December 2, 2002 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 RECEIVED DEe = 3 2002 C~ty Of Meridian CIty Clerlt Office Re: Ordinance No. 02- , (Revitalization Plan Ordinance for the City of Meridian) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for a Revitalization Plan Ordinance for the City of Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code 9 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2002 ORD\BcrgSumOrdforRevitPlanOrd1202o2L TR.doc Exhibit 4 CITY OF MERIDIAN SUMMARY OF ORDINANCE NO. tJ 2 - 9&1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE MERIDIAN REVITALIZATION PLAN, 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; APPROVING THE SUMMARY OFTHE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN: SECTION 1: It is hereby found and determined that: (a) The Project Area as defined in the Meridian Revitalization Plan is a deteriorated 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, and redevelopment of the urban renewal area pursuant to the Meridian Revitalization Plan is necessary in the interests of public health, safety, and welfare of the residents of the City of Meridian. ( c) There continues to be a need for the Meridian Development Corporation ("MDC") to function in the City of Meridian. (d) The Meridian Revitalization Plan conforms to the Comprehensive Plan of the City of Meridian. (e) The Meridian Revitalization Plan gives due consideration to the provision of adequate park and recreation areas, and facilities, that may be desirable for neighborhood improvement (recognizing the primary commercial component of the Meridian Revitalization Plan, the need for overall public improvements, and the proposed public open space), and shows consideration for the health, safety, and welfare of any residents or businesses in the general vicinity of the urban renewal area covered by the Meridian Revitalization Plan. SUMMARY OF ORDINANCE MDC REV IT PLAN - 1 (f) The Meridian Revitalization Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation and redevelopment of the urban renewal area by private enterprises. (g) The Meridian Revitalization Plan provides a feasible method for relocation of any displaced families residing within the urban renewal area. (h) The base assessment roll of the Meridian Revitalization area, does not exceed ten percent (10%) of the assessed value of the City of Meridian. SECTION 2: The City Council finds that the Project Area and Revenue Allocation Area do not consist of predominately open land, that the MDC does not intend to acquire any open land on any widespread basis, and that the 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 ifportions of the Project Area and Revenue Allocation Area are deemed "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that one ofthe Meridian Revitalization Plan objectives to increase the residential opportunity to include affordable housing does meet the sound needs of the City and will provide housing opportunity in an area that does not now contain such opportunity, and the p01tion of the Project Area which is identified for nonresidential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Meridian 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 Meridian Revitalization Plan is attached hereto as Exhibit 3 and is made a part hereof, and the same is hereby approved. The City Clerk and/or the MDC may make celtain technical corrections or revisions in keeping with the information and testimony presented at the October 8, 2002, hearing. SECTION 5: The City Council declares that nothing within the Meridian Revitalization 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 planning principles contained in the Meridian Revitalization Plan. SECTION 6; No direct or collateral action attacking the Meridian Revitalization 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 Meridian Revitalization Plan. SUMMARY OF ORDINANCE MDC REVIT PLAN -2 SECTION 7: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the COWlty Auditor and Tax Assessor of Ada County and to the appropriate officials of Ada County Highway District (ACHD), Joint meridian School District No.2, Ada County, Emergency Medical Services, and the State Tax Commission a copy of this Ordinance, a copy ofthe legal description of the boundaries of the Revenue Allocation Area, and a map or plat indicating the boundaries of the Revenue Allocation Area. SECTION 8; The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Meridian Revitalization Plan includes that portion of the urban renewal area (defined as the Project Area in the Meridian Revitalization Plan), the equalized assessed valuation of which the Council hereby determines is in and is part of the Meridian Revitalization Plan is likely to continue to increase as a result of the initiation and completion of urban renewal projects pursuant to the Meridian Revitalization Plan. SECTION 9: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the MDC'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 Meridian Revitalization Plan, the City Council recognizes that it has no power to control the powers or operations of the MDC. SECTION 10: That for any propelty outside the municipal boundaries of the City of Meridian, an agreement on the administration ofthe revenue allocation financing provision shall be negotiated with Ada County and formalized by a transfer of power ordinance for this Ordinance to be effective against that propelty. SECTION 11: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1,2002, to the extent permitted by the Act. SECTION 12: 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 declaration shall not affect the validity of remaining portions of this Ordinance. SECTION 13: One-half, plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different days, two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading. SUMMARY OF ORDINANCE MDC REVIT PLAN - 3 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 mmulledj SECTION 16: SAVINGS CLAUSES: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. -? r-L PASSED by the City Council of the City of Meridian, Idaho, on this ~ day of ,October, 2002. )"J.t?ccrJ-he f- .. ~ IJr?Cl?1h. 6<21- APPROVED by the Mayor of the City of Meridian, Idaho, on this :Jra. day of.Qctaber, 2002. EXHIBITS TO THE ORDINANCE Exhibit 1 Recommendation finding Meridian Revitalization Plan in Conformity With Comprehensive Plan Exhibit 2 Notice Published in The Valley Times Exhibit 3 Meridian Revitalization Plan Exhibit 4 Ordinance Summary SUMMARY OF PLAN The Meridian Revitalization Plan was prepared by the urban renewal agency of the City of Meridian, the Meridian Development corporation ("MDC") pursuant to the State of Idaho Urban Renewal Law, the Local Economic Development Act, the Idaho Constitution, and all applicable laws and ordinances and was approved by the MDC. The Meridian Revitalization Plan provides for the MDC to undertake urban renewal projects pursuant to the Idaho Urban Renewal Law of 1965 as amended. The Meridian Revitalization Plan contains a revenue allocation financing provision pursuant to the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, that will cause property taxes resulting from any increases in equalized assessed valuation in excess ofthe equalized assessed valuation as shown on the original base assessment roll as of January 1,2002, to be allocated to the MDC for the urban renewal purposes. The general scope and objectives of the Meridian Revitalization Plan are: SUMMARY Of ORDINANCE MDC REVIT PLAN -4 1. The acquisition of certain real property; 2. The demolition or removal of certain buildings and improvements for public rights-of-way for streets, utilities, walkways, and other improvements for public facility building sites, to eliminate unhealthful, unsanitary, or unsafe conditions, improve density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration; 3. The provision for participation by property owners within the Project Area; 4. The management of any property acquired by any under the ownership and control of the MDC; 5. The provision for relocation assistance to displaced Project occupants, as required by law; 6. The installation, construction, or reconstruction of streets, utilities including electrical distribution and transmission lines in underground configuration, if needed to encourage new developments of fiber optic systems, parking facilities, and other public improvements, including, but not limited to, irrigation and drainage laterals and ditches, storm drain systems, walkways, public civic center, and improvements to railroad tracks and property; 7. The disposition of property for uses in accordance with this Plan; 8. The redevelopment of land by private enterprise or public agencies for U3es in accordance with this Plan; 9. The rehabilitation of structures and improvements by present owners, their successors, and the MDC; 10. The preparation and assembly of adequate sites for the development and construction of facilities for commercial, retail, entertainment, lodging, and governmental uses; 11. To the extent allowed by law, lend or invest federal funds to facilitate redevelopment; and SUMMARY OF ORDINANCE MDC REVIT PLAN - 5 12. The construction of foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights, sites for buildings to be used for residential, commercial, industrial, and other uses contemplated by the Plan, and to provide utilities to the development site. Any such land uses as described in the Meridian Revitalization Plan will be in conformance with the Comprehensive Plan of Meridian, Idaho. Land made available will be developed by private enterprises or public agencies as authorized by law. The Meridian Revitalization Plan identifies various public and private improvements which may be made within the Urban Renewal Area. The Project Area boundaries and Map herein referred to are as follows: An area of666.18 acres with boundaries of the 1-84 freeway on the south, Cherry Lane/Fairview on the north, 4th Street on the west, and Five Mile Creek on the east. Said tract being more particularly described by record information as follows: PROJECT AREA AND REVENUE ALLOCATION BOUNDARY OF THE MERIDIAN URBAN RENEWAL PROJECT MERIDIAN, IDAHO A tract of land consisting of approximately 665 acres being portions of Sections 7 and 18 of Township 3 North, Range 1 East and portions of Sections 12 and 13 of Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. Said tract being more particularly described as follows: Commencing at the Section Corner common to Sections 12 and 13 of Township 3 North, Range 1 West and Sections 7 an~1 18 of Township 3 North, Range 1 East of the Boise Meridian, thence along the section line common to said Sections 12 and 13, being the centerline of Franklin Road North 89032' 4r West 1328.12 feet to the East 1/16th Corner on said section line, said corner being the POINT OF BEGINNING; thence leaving said section line North 00041 'or East 1622.42 feet along the west boundary and its northerly extension of Taylor Subdivision, Book 11 at Page 637, Ada County records to the north right-of-way line of the Union Pacific Railroad; thence South 88043 '21" East 55.72 feet along said north right-of-way; thence leaving said right-of-way North 00045'49" East 74.97 feet along the southerly extension of the centerline of West 4th Street; thence SUMMARY OF ORDINANCE MDC REVIT PLAN -6 North 88043'54" West 67.77 feet; thence continuing on a line tracing the westerly property lines of the parcels which are adjacent to the west right-of-way line of said West 4th Street the following courses: North 00035' 17" East 267.95 feet to the south right-of-way line of West Broadway Avenue; thence North 21017' 16" West 64.73 feet to the north right-of-way line of West Broadway Avenue; thence North 00031' 10" East 137.88 feet; thence North 89028' 10" West 13.50 feet; thence North 00043'43" East 137.64 feet to the south right-of-way line of West Idaho Avenue; thence North 05056'27" West 60.39 feet to the north right-of-way line of West Idaho Avenue; thence North 00042'58" East 120.01 feet; thence North 89012' 15" West 4.50 feet; thence North 00041 '42" East 144.26 feet to the south right-of-way line of West Pine Avenue; thence North 09012'40" West 60.91 feet to the north right-of-way line of West Pine Avenue; thence North 01011 '23" East 301.00 feet; thence North 89009'24" West 25.41 feet; thence North 00014'20" East 228.60 feet; thence North 89029'47" East 16.70 feet; thence North 01015'34" East 89.92 feet to the south right-of-way line of West Carlton Avenue; thence North 11003' 17" West 42.90 feet to the north right-of-way line of West Carlton Avenue; thence North 00026'51" East 64.39 feet; thence North 88012'50" West 1.00 feet; thence North 31007'55" West 65.88 feet; thence South 89033'11" East 35.50 feet; thence North 00026'51" East 135.47 feet to the south right-of-way line of West Washington Street; thence North 00014' 19" East 60.00 feet to the north right-of-way line of West Washington Street; thence North 00035'49" East 72.00 feet to the northwest corner of Lot 4 oftlle City of Meridian Park View Addition, Book 12 of Plats at Page 663, Ada County records; thence along the north line of said Lot 4 and its easterly extension South 89025'55" East 149.85 feet to the centerline of said West 4th Street; thence North 00025'30" East 1571.65 feet to the north line of said Section 12, said north line being the centerline of Cher':'y Lane; thence along said n011h line South 89026'30" East 1263.31 feet to Northeast corner of said Section 12 at the intersection of said Cherry lane with Fairview Avenue (US Highway 30) and Meridian Road; thence North 88034'34" East 1773.74 feet along the north line of said Section 7 said north line being SUMMARY OF ORDINANCE MDC REVIT PLAN -7 within the right-of-way of said Fairview Avenue (US Highway 30); thence leaving said north line of Section 7 South 00030' 10" West 959.19 feet along the east boundary of a parcel of land designated by Ada County Tax Parcel #Sl107212705 to the north right-of-way line of East Badley Avenue; thence along said north right-of-way line North 89046'56" West 101.40 feet; thence leaving said north right-of-way line of East Badley A venue South 00033'20" West 761.53 feet along the centerline of East 4th Street (unopened right-of-way) to the intersection with the centerline of East Washington Avenue; thence North 89036'10" East 580.24 feet along said centerline afEast Washington Avenue to the west boundary of Sterling Creek Subdivision, Book 77 of Plats at Pages 8100-8101, Ada County records; thence tracing said Sterling Creek Subdivision boundary the four (4) courses South 00035'53" West 276.09 feet; thence South 89020'48" East 150.00 feet; thence North 00035'53" East 272.64 feet returning to said centerline of East Washington Avenue; thence along said centerline North 89034'56" East 226.36 feet to the west boundary of Danbury Fair Subdivision No.5, Book 70 of Plats at Pages 7224-7225, Ada County records; thence along said west boundary of Danbury Fair Subdivision No.5 the following four courses: South 33013'49" West 183.42 feet; thence South 04006'26" West 354.61 feet; thence South 37055'28" East 145.72 feet; thence South 38043'05" East 457.95 feet along the southwest boundary line of said Danbury Fair Subdivision No.5 and it southeasterly extension to the south right-of-way line of East Pine Avenue; thence along said south right-of-way line South 89034'38" West 152.89 feet to the northwest corner of Oliason Park Subdivision, Book 80 of Plats at Pages 8659 and 8660, Ada County records; thence along the east boundary line of said Oliason Park Subdivision South 00034'41" West 373.46 feet to the centerline of East Idaho Avenue; thence along said centerline of East Idaho Avenue North 89025'46" West 333.50 feet to the north-south centerline of said Section 7; thence leaving said centerline of East Idaho Avenue South 00035'48" West 329.50 feet along said north-south centerline of Section 7 to the north line of a parcel of land designated by Ada County Tax Parcel #01107325600 (being a railroad right-of-way parcel); thence tracing said parcel clockwise South 88046'23" East 235.20 feet; thence SUMMARY OF ORDINANCE MDC REVIT PLAN - 8 South 00035'18" West 410.00 feet; thence North 88032'20" West 235.20 feet; thence leaving the south line of said railroad parcel South 00041 '03" West 407.79 feet crossing the Union Pacific Railroad right-of-way and Bown's Railroad Addition, Book 4 at Page 165, Ada County records to the south right-of-way line of East Bower Street; thence along said south right-of-way line of East Bower Street North 89032'46" West 9.27 feet; thence continuing along said south right-of-way line Along a curve to the right 77.72 feet, said curve having a radius of 55.00 feet, a delta angle of 80057'36" and a chord bearing and distance North 89032'46" West 71.41 feet; thence continuing along said south right-of-way line North 89032'46" West 597.38 feet; thence leaving said right-of-way South 00018'57" West 85.25 feet along the line common to Bown's Second Addition, Book 5 at Page 216 and Meridian Business Park, Book 70 at Pages 7158-7159, Ada County records; thence continuing along said common line South 00031' 11" West 1 031.39 feet to the section line common to said Sections 7 and 18, said section line also being the centerline of Franklin Road; thence South 89019'06" West 630.69 feet along said section line; thence leaving said section line South 00031' 16" West 282.35 feet along the west boundary of Honor Park Subdivision No.3, Book 78 of Plats at Pages 8191-8192, Ada County Records; thence continuing along the boundary of said Honor Park Subdivision No.3 North 89030'36" East 622.00 feet; thence South 00043'59" West 1048.33 feet to the north boundary line of Honor Park Subdivision No.2, Book 68 at Pages 6959-6960, Ada County records; thence along said north boundary line of Honor Park No.2 and the north boundary of Lots 4 and 2, Block 2 of Honor Park Subdivision No.1, Book 65 of Plats at pages 6652-6653, Ada COWlty records South 89031 '26" West 858.88 feet to the northwest corner of said Lot 2~ thence along the west line of said Lot 2 South 00041 '30" West 164.14 feet to the north right-of-way line of East Waterhouse Lane; thence along said north right-of-way line South 89032'37" West 105.09 feet; thence leaving said north right-of-way line South 00027' 16" East 243.03 feet crossing said East Waterhouse Lane and following the line common to Lot I and Lot 2, Block 1 of said Honor Park No.1 to the north line of Central Valley Corporate Park No.1, Book 57 at Pages 5332-5333, Ada County Records; thence South 89032'40" West 70.76 feet along said north line of Central Valley Corporate Park No.1 to the nOliheast corner of Lot 1, Block 1 of said subdivision; thence along the east line of said SUMMARY OF ORDINANCE MDC REVIT PLAN -9 Lot 1 and its southerly extension South 00029'44" East 320.73 feet to the centerline of East Corporate Drive; thence along said centerline of East Corporate Drive South 70011 '43" East I1b.89 feet to the centerline intersection with East Progress Avenue; thence following the centerline of East Progress A venue the following courses: South 20002' 10" West 162.62 feet; thence Along a curve to the right 15.07 feet, said curve having a radius of 100.00 feet, a delta of 8038'05" and a chord bearing and distance of South 24021' 12" West 15.06 feet; thence South 28021'06" West 722.57 feet; thence Along a curve to the left 92.39 feet, said curve having a radius of200.00 feet, a delta of 26028'04" and a chord bearing and distance of South 15013'04" West 91.57 feet; thence South 01052'39" West 171.22 feet; thence Along a curve to the left 132.89 feet, said curve having a radius of270.00 feet, a delta of 28012'01 " and a chord bearing and distance of South 12001' 10" East 131.55 feet; thence South 26013' 11" East 48.68 feet; thence Along a curve to the right 57.26 feet, said curve having a radius of 330.00 feet, a delta of 9056' 32" and a chord bearing and distance of South 21014'55" East 57.19 feet; thence leaving said centerline of South Progress Avenue South 29001'22" West 86.63 feet along the northwesterly line and its northeasterly extension of Lot 10, Block 4 of Central Valley Corporate Park No.6, Book 76 of Plats at Pages 7960-7964, Ada County records; thence continuing along the westerly boundary of said Lot South 30006'40" West 179.76 feet; thence continuing long said westerly boundary of said Lot 10 and its southerly extension through Lot 11 of said Block 4 South 06040' 11" West 150.09 feet to the northerly right-of-way of Interstate Highway 84; thence along said northerly right-of-way North 63045'17" West 107.10 feet; thence North 68059'20" West 80.00 feet; thence leaving said northerly right-of-way NOlih 87048'00" West 146.72 feet to a point on the section line common to said Sections 18 and 13; thence continuing NOlih 87048'00" West 70.21 feet to a point on said northerly right-of-way line ofInterstate Highway 84; thence along said northerly right-of-way the following courses: South 71000'08" West 402.38 feet; thence South 74038'59" West 471.23 feet; thence South 83021 '56" West 332.84 feet; thence North 89029'55" West 1400.79 feet; thence leaving said northerly right-of-way SUMMARY OF ORDINANCE MDC REVIT PLAN - 10 North 00030'34" East 1050.00 feet along the north-south centerline of said Section 13; thence leaving said north-south centerline and following the east boundary of The Landing Subdivisions No.9, Book 74 of Plats at Pages 7658-7659 and The Landing Subdivision No. 8, Book 70 of Plats at Pages 7230-7231 the following courses: North 89019'42" West 200.00 feet; thence North 00026'52" East 275.00 feet; thence South 89029'22" East 200.00 feet; thence North 00035'24" East 837.18 feet; thence leaving said east boundary of The Landing Subdivision No.8 and following the southerly boundary of Franklin Square Subdivision, Book 44 of Plats at Pages 3587-3588, Ada County records South 61020'43" East 373.07 feet; thence South 89028'20" East 33251 feet; thence North 00027'35" East 1 07.48 feet along the east line of said Franklin Square Subdivision to the southwest corner of Troutner Park Subdivision, Book 75 of Plats at Pages 7762-7764; thence along the southerly and easterly boundary of said Troutner Park Subdivision the following courses: South 85013'34" East 147.44 feet; thence NOlih 80022'14" East 523.38 feet; thence North 00042'41" East 142.03 feet; thence South 89040'42" East 790.29 feet; thence North 00050'22" East 329.04 feet; thence North 89026'21" West 128.88 feet; thence North 00038'21" East 663.30 feet; thence North 89031 '58" West 663.22 feet; thence North 00042'23" East 349.90 feet; thence leaving said east boundary of Troutner Park Subdivision NOlih 00042'23" East 313.66 feet to the POINT OF BEGINNING. Sections 300 through 313 discuss the proposed redevelopment actions, participation opportunities and agreements, cooperation with public bodies, property acquisition standards and requirements, relocation, demolition, and property disposition. Sections 402 through 404 discuss the type of land uses authorized in the Project Area and list other controls by referencing the applicable City ordinances. Section 405 describes design guidelines for development. The Meridian Revitalization Plan also contains a major section on financing. Among other sources, the Meridian Revitalization Plan will utilize revenue allocation financing, authorized by Chapter 20, Title 50, Idaho Code. This statute was approved in 1988 by the Idaho SUMMARY OF ORDINANCE MDC REVIT PLAN - 11 Legislature. Section 504 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, 2002, will generate revenue for the MDC to pay project costs. Project costs include street improvements, parking facilities, and other public improvement costs. The assessed valuation of real and personal property on the base assessment roll is still available for use by the other taxing districts, City of Meridian, Ada County, Meridian Joint School District No.2, Ada County Highway District, and Emergency Medical Services to finance their operations. The Meridian Revitalization Plan authorizes the MDC to sell revenue bonds to finance project costs and to use annual revenue allocations to pay the debt service. The program outlined in the Meridian Revitalization Plan emphasizes the installation of needed public improvements, 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 the Project and to also fund the additional described activities. No change in the land use designation or the potential uses in the area have been proposed. The Meridian Revitalization Plan follows the underlying zoning classifications of the City of Meridian. Proposals for certain zone changes are made in the Meridian Revitalization Plan. Sections 600 and 700 describe cooperative activities by the MDC with the City. The duration of the Meridian Revitalization Plan is for twenty-four (24) years. A termination process is described in Section 800 of the Plan. The MDC is required to prepare an annual report each year describing its activities during the previous year. ATTACHMENTS TO THE MERIDIAN REVITALIZATION PLAN Attachment 1 Description of Project Area and Revenue Allocation Area Boundary Attachment 2 Map of Project Area and Revenue Allocation Area Boundary Attachment 3 Private Propelties Which May be Acquired by MDC SUMMARY OF ORDINANCE MDC REVIT PLAN ~ 12 Attachment 4 Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area Attachment 5 Economic Feasibility Study for Meridian Revitalization Area The full text of Ordinance (J 2 -q f;? is available at the offices of the City Clerk located at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho 83642. This summary is approved by the M~~~'ili8ltlrCHx Council at its meeting of Jr2CCtnhh 3, \\\ .- ~..... "It \\\\ _lOr 'H.:F;p..., JIll " ",("' ~~. /.... '" \. '\ 'I". .;. ~. Ci or-PORr'! r: . v s :: .;;.0 <''0 -:"" !2" ~. 2 ~ SEAL City of Meridian "c, C)&;; Mayor and City Council \. 70 0(/&1 1~ ...Po':/:" By: William G. Berg, Jr., City Clerk -///1"-'1 C':-:-:. f 'O"?' ,.:..;0' f "} <? ~ I" "",oJ 1--_.~ I '.,. "\' First Reading: ? - .5 --{} 'Z- I,",,;,,:~..', ;,.,;\\\' Adopted after first reading by suspension of the' Rule as allowed pursuant to Idaho Code 50-902: YES K NO Second 'Reading: Third Reading: 2002. JkA/J?,,, I, William F. Nichols, City Attorney for the City of Meridian, Idaho, declare that in my capacity as City Attorney of the City of Meridian, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code as amended, and I hereby certify that I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and provide adeq,uate notice to the public of the contents, including the exhibits, of Ordinance No. 172. -QY7 0rd \ l.7 ' DATED this ...:5 -lay of .Qeceht-4?VV,2002. ~eY,~~o Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall\2002 ORD\ordinancc MDC Rcvit Plan summary] 0 II 02.rtf SUMMARY OF ORDINANCE MDC REVIT PLAN -13 ( ADA COUNTY RECORDER J. DAVID NIW'ARRO BOISE IDAHO 12/13/02 09:39 AM DEPUTY Kris Vaughn 11111111111111 RECORDEO.~REaUEsT OF III 1111111111111111111I City 01 Mendlan 10214959::: AMOUNT .00 6 CITY OF MERIDIAN ORDINANCE NO. t7 2- - 988 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS SUNDANCE PLACE SUBDIVISION LOCATED ON THE EAST SIDE OF MERIDIAN ROAD, 12 MILE NORTH OF USTICK ROAD, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARrnG THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRJBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR P ARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel ofland located in the SW ~ of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer ofthe SW 14 of Section 31, Township 4 North, Range 1 East, Boise Meridian; the REAL POINT OF BEGINNING of this subdivision; ANNEXATION AND ZONING ORDINANCE (AZ-02-016)-1 Thence S 89047'27" E 2401. 76 feet along the north line of said SW V4 to the northeast corner of said SW 1/4; Thence S 00045'41" W 1024.64 feet along the east line of said SW v... to a point; Thence N 79042'42" W 299.03 feet to a point; Thence N 33020'05" W 280.71 feet to a point; Thence N 89034'05" W 1950.72 feet to a point on the west line of said SW v...; Thence N 00051 '50" E 730.76 feet along said west line to the REAL POINT OF BEGINNING of this subdivision, said parcel comprising 42.73 acres, more or less, and includes right-of-way for Meridian Road. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter aU use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) ANNEXA nON AND ZONING ORDINANCE (AZ-02-0 16) - 2 days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy ofthis ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code g63-2215 and g50-223. ATTEST: ~ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 3 ~ day of _/$Ci2/?'v /:;vu , 2002. ~ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ;}~ day of ~cehv~ ,2002. ~ \\\\\1111111///// \\\ C ~C';- 1/1 \\,,-{ 0, 1":t::.RID 11,'.( "", ~ ~ 'l'l .:::..... (j o\,\POR,tj r. r"g.. ~ $ _....0 .fO ~ ~ ~ ~ ~ ; ~ ~ <,JldZ-':-.,6. ~r,9- CITY CLERK / - (i) ..~ First Reading: ! 2- - :3 -(!) Z-- -;. ~Q(/. ~o 0 i Adopted after first reading by sJ-se&iJ~i S' n . ~~~llowed pursuant to Idaho Code 50- 902 Yes: )( /~IIII CDUN~t:>, ".,,\\" . jlr~'.. ..~\I\'\ Second Readmg:';';"':<:~"" Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-02-016) - 3 ( STATE OF IDAHO,) ss. County of Ada. ) On this :?;rJ day of \Jttf,VVL\--trv ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR, known to mc to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executcd the within instrument, and acknowledged to me that the City of Mcridian executed the same. IN WITNESS WHEREOF, [ have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,,;lOOPOQo <l;)ON SJl ~o<>> ~. ~P---~v.r? I'> (),.... -.,....$'-Q- l{Jli1{> ,/ O'tA.J(J.-"~Q>o. oC:)' .:;: \ ~ o t I 11I IJ I I P PI: 0 p \ ' Q 0. .. ' (;} 0.0. ~"....fom..\<1'::~I1.,'t> o~ :{>A-----~.:n~o "...''11:aOf !,YoI'> 011/"" CI 0.<0< ANNEXATION AND ZONING ORDINANCE (AZ-02-016) - 4 ~ ~ II:;:i Co _ r-- r-- . . "<t .~ .0 ~~ U). (!) lLZ 0- I-Z Z;1!; -(!) OUl tl..1Il ,P9'tlO~ M..~~.OOS .. .,9L'O&L 3.09, H'oOON ~(Q)(Q) fRi ~(Q){F>W ~ l;;g ~ ~c:i o II) 0)0) (I)~ Z \;'-... ~ ~c: \ I.Q N .!!! '\::i .2= z ~ . "0 W o..c .... <( ~ N Z::::J ~_ 0::>(3: en z _w&l W Q) """ a::: li"0 U 0 I- WUl:J: Z m ~ :?i ~~ <((L~LLli::Z Z Q) .9 0 ~ ~ o g -g j::~ffi 0::: (tI en - u.i ::i; 0"0 00 c: CD ::::J CD en CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy ofOrdin~e No. 02- qeCZ, passed by the City Council ofthe City of Meridian, on the 3CL day of r.(l/n~ 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. dI~~~9- WllLIAM G. BERG, JR. STATE OF IDAHO, ) : ss. County of Ada, ) On this '7f& ! of \Y.i:"\IVl1..eJ\ , in the year 'L01l2., , before me, S\i\ OJ'voY\ ~rv...& , a Notary Public, appeared WILLIAM G. BERG, JR., known or Identified to me to be the City Clerk ofthe City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. oQCtlOa <)<,oO.'N SJl~o() ~.~ ,;,----~~~~Q l!) " O'!Al? t~..,~,Qo ilJlJ / ~ or \V'" 0 00:>' \ {I o ' \ ~ o : , CI o liS III ' J (J {) \. /, 0 "'0 ll..... ~"C;,'J;410 QQ.r:r;----<CI~~ Q",q1BO\! l>"<>O "'SIsco"" (SEAL) ~\1CU1D"I Sml-ttv Notary PublIC for Idaho ~ Commission Expires: () ~ -1~.D0 Z:\Work\MI.M:eridian\Meridian 15360M\Sunclance Place Sub AZ02-016 PP02-010\CertificationOfClerkOrd.doc CERTIFICATION OF mE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-0 16 ADA COUNTY RECORDER J. DAVID( .ARRO BOISE IDAHO 12/13/02 09:39 AM DEPUTY Kris Vaughn RECORDED-REQUEST OF City 01 Meridian AMOUNT .00 6 111111/11I111111111111I11111 111111111 102149599 CITY OF MERIDIAN ORDINANCE NO. tJ 2 - C; g 9 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS TULLY COVE SUBDNISION LOCATED WEST OF NORTH LINDER ROAD APPROXIMATELY Y2 MILE NORTH OF CHERRY LANE AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIM:ITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER, ROBERT AND ALINDA RAINFORD, HAS MADE A REQUEST FOR ANNEXATION AND A REQUEST FOR REZONING IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTYRECORDER,AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215; AND REZONING A SEPARATE PARCEL FROM R-4 TO R-8. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian , Idaho, and that the City of Meridian has received a written request for aImexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: Annexation (5.26 acres) A Parcel ofIand located in the Southeast ~ ofthe Northeast ~ of Section 2, Township 3 North, Range 1 West, of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: ANNEXATION AND ZONlNG ORDlNANCE (AZ-02-021)-1 BEGINNING from a point marking the East 14 Comer of Section 2, Township 3 North, Range 1 West, of the Boise Meridian; thence North 00000'32" West, 460.13 feet, along the East line of said Section 2, and the Centerline of North Linder Road to a point; thence leaving said Centerline, North 89012'32" West, 498.40 feet along the South line of Lot 2, Block 6, Turtle Creek Subdivision No.1 (Book 78, Page 8226, Records of Ada County) to a point; thence leaving said South line, South 00000'32" East, 460.13 feet to a point; thence South 89012'32" East, 498.40 feet to the pon,n OF BEGINNING. Said Parcel contains 229,306 sq. ft. or 5.26 acres more or less. Rezone (2.40 acres) A Parcel of land located in the Southeast 14 of the Northeast 14 of Section 2, Township 3 North, Range 1 West, ofthe Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing from a point marking the East 1;4 Comer of Section 2, Township 3 North, Range 1 West, of the Boise Meridian; thence North 00000'32" West, 460.13 feet, along the East line of said Section 2, and the Centerline of North Linder Road to a point being the TRUE POINT OF BEGINNING; thence leaving said Centerline, North 89012'32" West, 498.40 feet along the South line of Lot 2, Block 6, Turtle Creek Subdivision No. 1 (Book 78, Page 8226, Records of Ada County) to a point; thence leaving said South line, North 00000'32" West, 276.08 feet along the West line of said Lot 2, to a point; thence leaving said West line, South 89012 '32" East, 309.39 feet along the North line of said Lot 2 to a point, common to Lots 1 and 2 of said Subdivision; thence along a line common to said Lots 1 and 2, South 00000'32" East, 175.88 feet to a point; thence North 89059'28" East, 189.00 feet to a point on the Centerline of said North Linder Road; thence along said Centerline, South 00000'32" East, 102.84 feet to the POINT OF BEGINNING. Said Parcel contains 104,594 sq. ft. or 2.40 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property described in this ordinance shall be zoned Medium Density Residential (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDlNANCE (AZ-02-021) - 2 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaLies of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and mlliulIed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date ofthis ordinance, duly file a certified copy ofthis ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ofthe City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Conunission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. First Reading: I Z - '3 ,,-- () 2- Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code 50-902 Yes: >< No: Second Reading: Third Reading: ~ .- STATE OF IDAHO,) ss. County of Ada. ) .J- On this ?f day of \)e.CV\'vV~'Ol.J , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above ~J;e5~;Sb~.tI", ~~oiAJ?~h;~o 1iV'O " "'TO -.r' ,:-r II fil I \ It! o I \ II miD ~ \ ; : Il'l ~ ~ iJ @9 ~""'..fo:sL1C-::i.O~of'1"-' ~~~?;,~--~..;;~~ ()1l1:<.cOF).1-'; €I'" tilflJ""a"o. Z:\Work\M\Meridian\Meridian 15360M\Tully Cove Sub AZOZ-OZl PP02-0J 8\AZOrd.doc (SEAL) ~n. aJlunCJrw-{L; NOTARY PUBLIC FpRjDAHO. JJoJw RESIDING AT: MiA LDt:.vI,:;tz~r-' I MY COMMISSION EXPIRES: lf~2R-OC; ANNEXATION AND ZONING ORDINANCE (AZ-02-021) - 4 .? I.ur ..;. : :Jr ~; ! J! bL ^"v. 6 6~V'" L.OT 1 f;tJ<' E C(1. ['lO. ' ;\JP.~S10['l SUeOl t (~{ !i {(if 9 c.Of U &; KfST LONESOME DOVE" STREET p Ii:;. I. . ., - " rf.. -." 1 I ~;I 0 OV .',.t:i '()\; L.cn ; 100 0 50 r-.__- I 01133EX3.DWG 7/12/02. -~ ( T.4#. R. 1 W. 8.M..J ../ T..JN., R.t w., 8.M. 2 4 m:ST USrrCK ROAD "e"KEsT TURTLE: aiF:EK DRIVE" SIJi!:'2'J2"E WI J EXHIBI T M,"<;ip FOR ANNEXA TION .109.39' ~40:""'_ I ,,,.,,. ~ 10 :::~ ~o ~~. :E ro: ? '" " ~ 21~ d ~1 :E '<\~ . \~rt ~\~ SB9'59'2B"W '<~ - 144.00' ~rt . ~ ~\\? N8912'J2'W I ~ g kI rot ANNEXA nON 229,:506 sq. ft. 5.26 acres ~ '" " LEGEND BOUNDARY LINE CEN TER UNE o FOUND 1/2" IRON prN, OR AS NOTED &. CAtCULATE:D POINT o SEcnON MONUMENT '<\'?~ "~<;) ~~ o r,'!' . , INT F tGi' 5 _S89~'J2. _ _ i98,W' BLOCK 1 l . Gt. ENNf1ELD IMAN~R. ~? I r LOr [) tor ~; } 0.' 5 t.(rt ? GRAPHIC SCALE 100 200 [ I ( IN FEET ) inch = 100 ft. wo f AndeI'llOu-Darid l Associates, Ine. $ Land Suneying Services 1401 Shoreline Drlye Bol,., [dabo 03702 (ZOO) ~O~-0060 tor t 1.01' i .f98.40' 6 ~w..., S.......6'. 11i',.,._ ""Y PIN tJ} :::18 !-<d CoO "-[I::;' ,.,.; t I~ to< '" :i 45.00' '" " !'> -0 0"" ru '" <5 ru Co " Il') :<:: ~ :i! I [~ ~:<::!:l 18 81:0 g ~1 ~ "'. N ~ ::;: 'll; '" ;.", tl), p,t>.Rl<. 1\1\..\"'" ~ ~I t::~ I' 'j 2 1 Sf COR., NIO I/-f. SEe 2 c.J/-d/W/fl<a.. 02- -q g r CERTIFICATION OF THE CITY CLERK OF THE CITY OF :MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of OrdinanXe No. 02- 9'8Q , passed by the City Council of the City of Meridian, on the .1':1,. day of Mcp/ntlt'1.;-2002, is a true and correct copy ofthe original of said document which is in the care, custody and control of the City Clerk ofthe City of Meridian. \\\IH\IJIIl/I/1/ \\\ c: Mtc III ,,"_1 Of r;;:.11//),II'1 ,\ ~, <4...., 'l $" (j ~on A -71/ 'l~ , .::: 00 ''''l)-.t'>~ ... .:: -5!' ~ ':0 ~ f ",., ~it&-~ ~ 6&1; ~ SEAL '" WILLIAM G. BERG, JR,v v l' 6-':: ;;. ~/ho. .....tll 0 ~ ~~ "?<:) ~~.r is\ . ~.S' ~ ':A .<"\.'V' ..... /> -., C ~ ....,.. STATE OF IDAHO, )'1I">'I,'I.OU1Hi, ~\\<\,\ : SS.;~7f}'t,\';'~;:1.! f:~.~(/t\\ County of Ada, j ... On this ~ IV- d~ of OtUMtVJvl ,in the year ~orfl- , before me, 1;~() \"<\A..-tVv ' a Notary Public, appeared WILLIAM G. BERG, JR., Imown or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf ofthe City of Meridian. (SEAL) eooCUSllIll 9<>~ON 8.l1~Q, CJ~~6T~~~.A~~ 11G:),' ~ -.;.., \~$\'l. Ei t \ @ Q I t D 111 I I ~J p \ ' m tl ~ / EJ tl ~ I ~ o .. .h_ "/.(' '0 ~ O:><>d'l~"-:'Yl:l}J)."::'-::~ "CI <> ~~~~---..:n~4>'" qq~.uOF ).Y.<t>(> liIoa""""e ~h C\A01l~1A.-t0 Notary Public for Idaho Commission Expires: oq - ~g -DC) Z:\Work\M\Meridian\Mcridian I 5360M\Tul1y Cove Sub AZ02-021 PP02-018\CcrtificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-021 1