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HomeMy WebLinkAbout2024-12-17 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 17, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Public Hearing continued from November 12, 2024 for Timbercreek Recycling (H-2024-0032) by Engineering Solutions, LLP., generally located at the NW corner of S. Locust Grove Rd. and E. Columbia Rd. Approved Application Materials: https://bit.ly/H-2024-0032 A. Request: Modified Development Agreement to the existing development agreement (H-2018-0042), Inst. #2019-053058) to further clarify the current and future permitted uses and timelines, create guidelines to allow for efficient and continued use of the property, and ensure the operation is meeting all State and Federal guidelines. Motion to approve made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener Voting Nay: Councilwoman Strader 2. Public Hearing continued from December 3, 2024 for Baratza Subdivision (H- 2024-0016) by Ella Passey, The Land Group, located at the southeast corner of N. Black Cat Rd. and W. McMillian Rd. Approved Application Materials: https://bit.ly/H-2024-0016 A. Request: Annexation of 80.3 acres of land with R-8 (26.98) and R-15 (53.32) zoning districts. B. Request: Preliminary Plat consisting of 347 building lots, 29 common lots and 1 right-of-way lot. C. Request: Council Waiver for block length on six (6) street segments that exceed the maximum 750 ft. block length requirement on land that is currently zoned RUT. Motion to approve made by Councilman Cavener, Seconded by Councilman Whitlock. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 3. Public Hearing for Summerlin West (H-2024-0023) by Laren Bailey, Conger Group, located on the east side of S. Locust Grove Road, between E. Lake Hazel and E. Columbia Roads in the SW 1/4 of Section 5, Township 2N, Range 1E Approved Application Materials: https://bit.ly/H-2024-0023 A. Request: Annexation of 63.965 acres of land From the RUT zone in Ada County to the R-8 (medium density), 17.27 acres and R-15 (medium high- density) 46.69 acres. B. Request: Preliminary Plat consisting of 339 building lots and 28 common lots on 63.17 acres of land zoned R-8 and R-15 zoning districts. Motion to approve made by Councilman Taylor, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 9:25 PM Meridian City Council December 17, 2024. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, December 17, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Other Present: Chris Johnson, Bill Nary, Bill Parsons, Sonya Allen, Linda Ritter, Trace Basterrechea, Steve Taulbee, Kyle Radek and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Brian Whitlock Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is December 17th, 2024, at 6:00 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next up is our community invocation, which will be delivered by Pastor Vinnie Hanke. If you would all please join us in the community invocation or take this as a moment of silence and reflection. Hanke: Mr. Mayor, Members of the City Council, thank you for allowing me to come here and pray for you. Merry Christmas to you all. Simison: Merry Christmas, Vinnie. Hanke: Thank you. Let's pray. God, we thank you for this evening. We thank you for the City of Meridian. We thank you for all those who serve it, Father, here at the City Council. We ask tonight that you would grant them wisdom, discernment, you would help them to listen to the citizens' concerns and proposals before them well and that ultimately they would make decisions that would glorify you. We ask that the peace and light and hope of Christmas would not just rule in our hearts tonight and in the season, Meridian City Council December 17,2024 Page 2 of 59 but you would allow Meridian to be a bastion of that hope and love and light. I ask these things in the name of Jesus, amen. Thank you, Mr. Mayor. ADOPTION OF AGENDA Simison: Thank you. Okay. Up next is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No change in tonight's agenda, so I move we adopt the agenda as presented. Strader: Second. Simison: I have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, anyone signed up under public forum? Johnson: Mr. Mayor, there are none. ACTION ITEMS 1. Public Hearing continued from November 12, 2024 for Timbercreek Recycling (H-2024-0032) by Engineering Solutions, LLP., generally located at the NW corner of S. Locust Grove Rd. and E. Columbia Rd. A. Request: Modified Development Agreement to the existing development agreement (H-2018-0042), Inst. #2019-053058) to further clarify the current and future permitted uses and timelines, create guidelines to allow for efficient and continued use of the property, and ensure the operation is meeting all State and Federal guidelines. Simison: Okay. Then with that we will move right into our Action Items for this evening. First item up is item -- is a public hearing continued from November 12th, 2024, for Timbercreek Recycling, H-2024-0032. We will continue this public hearing with any comments from staff. Meridian City Council December 17,2024 Page 3 of 59 Allen: Thank you, Mr. Mayor, Members of the Council. Give me just a moment here. Alrighty. This project was last heard by Council on November 12th and continued to tonight's hearing in order for the applicant to come back with a revised development agreement with a six month shorter timeline that includes a revised phase transition plan to cease all operations by June 30th, 2027, and I do have a copy of that here. have noted the changes to the plan in red here. They also included a list of materials to be accepted for recycling and a requirement for the applicant to post a sign on the property along the adjacent public streets notifying the public when operations will cease on the site. An amended development agreement has been submitted that addresses these items. Draft findings for approval have been prepared by the City Attorney's Office for consideration by Council tonight. If the Council chooses to move forward with the application and -- and -- and approve the application the final version of the finding should be scheduled for the next Council hearing on January 7th. The public hearing was left open in order to accept public testimony on the new information that's presented at tonight's hearing. The applicant is here tonight to present. Thank you. Simison: Thank you. Council, any questions for staff? Okay. Would the applicant like to come forward. Lakey: Okay. Mr. Mayor, Members of the Council, Caleb Lakey, 16933 Northside Boulevard, Nampa, Idaho. A pleasure to be with you again. Be back to talk about our progress on our -- our application, our request to you tonight. I just have a couple brief updates for you and will certainly stand for any questions. So, notable update since our last meeting, we did update our DA to reflect the timing as requested by the Council. The materials list that was requested and the signage, you can see them in what you have in your packet. I also wanted to point out to Council Members and the Mayor that we had our regular annual Tier 2 inspection with Central District Health on the 19th of November. We have no follow-up actions from that inspection. We diverted -- this is a big note for you. We diverted over 2,200 tons of cheese whey WAS to our Nampa site from the Meridian site. That's 47.8 percent -- almost 48 percent. I will remind you that in our transition plan we committed to 25 percent by the end of Q4, so we have accelerated that. We were able to do that because there was some availability on the pad that we didn't anticipate. We took advantage of that and we moved as much cheese as we could away from Meridian. To be clear we -- we can't guarantee we can continue that percentage moving forward. We are committed to the end of next year having the 50 percent, like we are talking about, but we just wanted to highlight that we are able to take more than we anticipated in Q4 and to -- to meet that commitment to you and moving forward from there. Closely tied to that is the Sorrento cheese plant. We continue to work closely with them. They are working on pricing and sourcing of two machines from Sigma Equipment for adding the lime. I talked about last time the addition of lime to neutralize some of the odor. They had a hopper and they -- they tried installing it, it didn't work right. So, now they are looking for these other machines to -- to do that. But they -- they have also made some production changes. They were experimenting on what else they could do to possibly negate this on site just in their own process. In addition to the -- the lime addition. They have ordered two pallets of lime on site. That's almost 3,000 pounds of -- of lime available ready to go as soon as Meridian City Council December 17,2024 Page 4 of 59 the -- the machinery is on site and, interesting, they on their own conducted their own bucket test. You might recall last time I described to you just our simplistic way of grabbing a sample of the WAS, we added a little bit of lime by weight and did this simple smell test. They heard us give that presentation, recreated it on their own and -- and their reports to me were, hey, we are seeing the same type of -- of change; right? Again, it's not eliminating the odor, but we are seeing a modification of the odor, which is our goal and objective. So, they remain committed to doing this with us. They are anxious to do it. You know, they -- they don't want to create any problem with it and so as soon as we get the sourcing figured out we will move forward with a full -- a full load test if you will and incorporate that into our compost and as we committed to in our transition plan the next phase of that is then to monitor it through the compost process, which is about a 90 day process to ensure we get a usable product out the backside. Most concerned about pH levels, because it's pushing it up to a point where it's kind of on that tipping point, we want to make sure we can keep it there and -- and not negatively impact our usable product on the backside. But that's still -- still where we are headed and still our focus. A couple of the notable updates for you. We committed last time that by November 1st would be our last -- we would -- as of November 1st we would receive no more concrete, tile, porcelain or asphalt. That has continued. Your code enforcement officers have been on site twice to verify that. They can certainly speak to that on -- on their own if they would like, but -- but we have committed to that and continue to commit to that. We also did this month last time and we have done -- we were doing them before, but I didn't enumerate it. So, we have done 16 -- what called proactive documented odor inspections. So, we had a routine of weekly doing odor inspections on our own to monitor for odor aside from any sort of odor complaint or odor issues, in addition to some just impromptu staff doing after hours and before they go home at night drive arounds. But I have 16 documented odor inspections on a weekly basis or additional ones that we have done since our last meeting. Something that came up after our -- our last meeting is that we -- as a Tier 2 facility there actually is a formal closure plan required by DEQ and Central District Health. That plan must be in place six months prior to vacation of the site and must be submitted at least three months prior to that six month deadline and so we are well ahead of that. We went ahead and started drafting it. We have opened conversations with the regulatory agencies and you can see in our transition plan we intend to have that, you know, final draft. We can't final final until we are in that -- that time frame, but have that final draft ready to go, hashed out, just pending final details ready to go when we get to the end of 2026. So, that would be basically an October of 2026 deadline to facilitate the mid 2027 exit plan. We also moved one of our full-time operators out of our Meridian site. He is one of the operators we had trained on handling the cheese whey WAS specifically. We moved him to our Nampa site full time and we moved -- moved him on to a modified -- modified shift scheduled to where he now works through the weekend, so that we can facilitate the acceptance of the cheese whey WAS which is one of our commitments on the weekends from the plant in Nampa. So, I wanted to point that out to you as well. Additionally, we purchased a new compost turner. We haven't talked a lot about this. We actually purchased this out of Austria from another composting consultant there that manufacturers them. The point being that this is a smaller turner. We use turners in Meridian. It helps facilitate the mixing of the -- the cheese and the other particles, the Meridian City Council December 17,2024 Page 5 of 59 other feedstocks we use and we see a better product. This is something we did to help mitigate odor in the beginning and so we wanted to facilitate that in Nampa as well. So, we purchased that turner. It was shipped over, arrived and assembled, and should be commissioned here shortly, we just need to get it transported over to the Nampa site. And, then, lastly, we did contact the landscape company about some berm maintenance at the Meridian site. That came up as well. And we did some clean-up out there as well since our last time together. Those are our highlights, Mr. Mayor, Council Members. I -- I do have snips that as -- as Sonya showed you. I know you have a copy of the transition plan in front of you as well. Certainly available to answer any questions there you would like later, but I think I will -- I will stop there for now. Simison: Thank you, Caleb. Council, questions for the applicant? Okay. Thank you very much. Okay. This is a public hearing, so we will accept testimony on the information that was provided this evening. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, yes. First is Vicki Reynolds. Simison: Okay. And I will ask people to limit their comments just to what was discussed this evening for the purpose of your comments. Reynolds: Mr. Mayor and Council Members, I'm not quite sure what that means. Simison: It means please direct your comments towards the new information that was provided about the plan and not necessarily about the current operational things that were discussed in previous meetings. Reynolds: Okay. All right. I guess my -- in relation to what has been discussed for this evening, my concern is with the date and with the timing of everything. I understand that Timbercreek has made a plan for 2027. We made a plan before for previous times and I guess I'm saying what makes us think it's going to happen in 2027. The -- a lot of this stuff has been -- that he discussed was prohibited in the original plan back several years and I am concerned about their dedication to making this happen and I guess that's the bottom line. So, thank you. Simison: All right. Council, any questions? Thank you. Reynolds: Okay. Thank you. Johnson: Mr. Mayor, next is Troy Allen. Sonya is bringing up your presentation for you. T.Allen: Say again. Johnson: I think you had a presentation. Sonya is bringing it up. T.Allen: No, I don't. Meridian City Council December 17,2024 Page 6 of 59 Johnson: Oh, you do not. Okay. Sorry. T.Allen: Mayor and Council Members, I appreciate your time and I think on tonight the -- the one thing -- if you look up cheese whey WAS that's not a thing. So, it's WAS and that's all it is. It's Waste Activated Sludge. So, there is -- you can Google it. You can check everything. That doesn't exist. So, they would like it to sound like it's cheese whey. So, I believe that Timbercreek has been -- has not been adhering to their original agreement and I don't think the City of Meridian has been holding them accountable and I think if you guys vote tonight on changing this to nearly the sunset clause that's already in there, we are only two years away from that, you are now approving an item WAS that was never approved to be taken there. So, now you are even upping the -- guess wrong that was made in the beginning in my opinion, because he has been doing that for so long and now you guys are saying, oh, well now we will even say WAS is okay. So, I would like to see you guys not change anything and just let's go with when the occupancy goes. I think the 2027 is too long. Simison: Council, any questions? Thank you. T.Allen: Okay. Thank you. Johnson: Mr. Mayor, next is Laren Bailey. Bailey: My name is Laren Bailey. Address 4824 West Fairview Avenue, Boise, Idaho. Good evening, Council and Mayor. I'm here tonight to represent BlackRock Homes and Devco Development. I appreciate the opportunity to speak with you on this important matter tonight. BlackRock Homes and Devco Development have made a significant investment in purchasing and developing land adjacent to this facility. In doing so there was clear understanding that the existing 2019 DA mandated the end of operations for the facilities once occupancy permits were issued within a thousand feet. This condition was pivotal in our decision to invest, offering vital assurances about the future compatibility of the surrounding land uses. The city approval of the 2019 DA was both thoughtful and deliberate, balancing the needs of all the stakeholders. We relied on the certainty of that agreement in good faith. We were initially open to considering certain modifications to the development agreement. However, after reviewing the testimony presented during the first two hearings and tonight we have carefully evaluated the proposed changes to the DA and we have reassessed our position and no longer support the modifications. The 2019 DA was carefully developed through a comprehensive process that included public input, legal review and public hearings. The applicant willingly entered into this agreement fully aware the operations would cease upon occupation within a thousand feet. That balance in the equitable decision should be intact. Let me also emphasize the city gave formal approval to the Hadler Subdivision preliminary plat December 22nd or in December of 2022. So, it was two years ago. At that time the applicant was put on notice that they would have approximately two years to prepare for the transition of their operations. With unavoidable delays in the development of the Hadler Subdivision, now extending this period close to three years, there is no reasonable basis for extending further Meridian City Council December 17,2024 Page 7 of 59 modifications. In closing I respectfully request that the Council enforce the existing development agreement. Upholding the 2019 DA protects the investments and rights of the neighboring property owners, maintains the integrity of the city processes and demonstrates fairness to all parties involved. Thank you for hearing us tonight. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Bailey, thanks for -- for being here tonight. Help me understand what caused the change. I think a lot of the continuance was based on one of your colleagues kind of discussion about dates and times and so I think the Council gave that thoughtful consideration and hence we continued. So, help me understand what -- what's changed since our last meeting that has caused your applicant -- or your -- your employer to change their -- their position? Bailey: Well, I think the biggest issue is we feel like it's still a moving target. We are not -- I mean we have got this plan, but it keeps changing. It changed again and, then, I -- I know there is some verification that some things are happening, but we feel like there is not enough verification that things are happening that are supposed to be and haven't been in the past. I -- I get that they are trying to get something done right now, so, of course, they are going to report back that they have done everything they are supposed to in the last two months, but we just don't feel like there is any -- any side boards that are going to hold them to that long term. Cavener: Okay. Thank you. Bailey: Thanks. Simison: Thank you. Johnson: Mr. Mayor, that was everyone. Simison: Okay. Is there anybody else present that would like to provide testimony on this item? If you are online you can use the raise your hand feature if you would like to provide testimony. Seeing no one raising their hand or coming forward, would the applicant like to come and close. Lakey: Mr. Mayor, Members of the Council, we -- we continue to stand by our transition plan. We have -- we have drafted this in coordination with -- with your feedback and our understanding of what the comments have been previously. So, we -- we continue to feel like with the plan we are proposing to you is our -- our best effort to meld all that together in a reasonable time frame to responsibly and professionally transition out of the site. We have -- we have shown a lot of good faith effort in doing that. You know, I Meridian City Council December 17,2024 Page 8 of 59 appreciate the comment that there has been this foresight of what's coming, but that, too, has been a shifting target and has experienced its own delays, which, you know, puts us in a -- in a limbo position now. We are -- we are committed to a hard time frame. We have -- we have put checkmarks in our plan. Milestones. We have already met twice with your code enforcement officers and we have put that in our plan to continue to have those checkpoints with your code enforcement officers. We are happy to be transparent on all of that. And, as I have said before and I will continue to say, we -- we recognize that what we are doing is not forward compatible with your long term plan for the city. We are -- we are not fighting that. We are -- we are -- we have built a new place and we are transitioning to there. We have provided you with our plan of how we want to do that and would ask for your thoughtful consideration of what we are asking for tonight. So, thank you. Simison: Thank you. Council, any additional questions for the applicant at this moment? Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Mr. Mayor and Mr. Lakey, last time we were here you were asking for the end of 2027 and you have come six months into 2027. There was some indication that possibly the request before was an April 1st hard stop. So, you have come six months this direction and there was some indication that there might be a willingness to move a couple of months out from -- from the developers. Have you had any conversations since that last meeting with the developers on the timeline? Lakey: Mr. Mayor, Mr. Councilman, no, we have not had -- we -- we had -- via our attorney some correspondence on the signage, which we left this last meeting as that was a stipulation and we had agreed upon a compromise of -- of June and before tonight I wasn't aware there was a conflict in the support. So, no, we have not had additional conversation on that topic. Whitlock: Thank you. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just a quick follow up on that, Mr. Lakey. I believe I made the suggestion in the last meeting about the April date and it was presented at that time that because of the temperature that you needed the extension of three more months to effectively finish it out and that's when we left here last time with the 30th date. Had more to do with the temperature and shutting the business down, more than setting a date too early for you to accomplish that task; is that correct? Meridian City Council December 17,2024 Page 9 of 59 Lakey: Mr. Mayor and Councilman, that's exactly correct. Just as an example, if I may, we had a lot of precipitation over the weekend. We sent operators home today. Didn't have them come in because of just how muddy the facility can get. You know, running heavy equipment you can't operate, it -- it destroys it. So, we did point that out last time that, hey, April's -- you know, maybe it will be dry, maybe it won't, but we asked for the end of June to ensure we have some dry weather, in the same way that for our crushing we said Q1 to give us some ability to maneuver around if we have sub -- you know, solid freezing temperatures we can't run the dust control, for example, on the machine. So, that gives us some ability to -- to find -- we are confident we can find a time frame in there to do that, just like with the final close out. Overton: Thank you. Simison: Okay. Thank you, Caleb. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, at this time would it be appropriate to hear from our officers that have been out to the plant? Ooi: I accept that as an invite. Good evening, Mayor and Members of the Council. On December 12th Code Enforcement Officer Krystal Gieson and I met with Caleb Lakey at Timbercreek regarding their proposed transition plan for the phase one quarter four. Our findings do show that the Nampa site received 47 percent of the cheese whey product, with 25 percent being the goal of phase one. That was delivered between October and December. The transition plan also states that the Meridian site would stop receiving regular deliveries on the weekends. During that same period the Nampa site did receive every delivery that occurred on a weekend and no concrete or asphalt was received during that same time period. So, all of those phase -- phase one goals have been met for their transition plan that they don't have to currently follow, but are. And I will stand for any other questions. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, Lacy, thank you very much. So, are you on a regular -- kind of regular schedule to check on it or how will this proceed? I know this is a lot of extra work for you, but it is greatly appreciated. Ooi: We do have the next two inspections -- quarterly inspections scheduled. So, think March and June. Sorry. My quarters -- my months. But we do have those scheduled and we will go out there and inspect. The transition plan does give us that ability to have some enforcement and compliance, but the current DA doesn't give us as Meridian City Council December 17,2024 Page 10 of 59 much authority. So, we have tracking and mechanisms to be able to quantify that based on the transition plan and without the transition plan being adopted and the development agreement we will go back to it being a civil agreement with the city with the nuisance requirements. One of the other things that I have a concern from just hearing the conversation tonight is if the business stops operating that material is still going to be allowed there based on the agricultural exemption that's in the DA right now. So, the material is still going to have to be there, be hauled away after transition of their business closing. So, I just -- I -- I really do think that a transition plan needs to be part of this development agreement. Little Roberts: Thank you, Lacy. Simison: And the applicant will have a final word based upon that if you feel it's necessary to come back up at any point in time just identify. Okay. Overton: Mr. Mayor? Simison: Councilman Overton. Was that -- Councilman Overton. Overton: I would like to make some comments, but leave it up to the rest of my Council if we should close the public hearing or keep it open through these comments. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Typically if we close the public hearing on big applications like this we inevitably reopen them back up, so I think, Council Member Overton, if you have got comments and that way if a question pops up it gives us a little bit more flexibility. Overton: Thank you. Mr. Mayor, with that I would move that we close the public hearing. Simison: Motion to close the public hearing. Is there a second? Cavener: Second. Simison: Motion and second to close the public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALLAYES. Overton: Mr. Mayor? Simison: Councilman Overton. Meridian City Council December 17,2024 Page 11 of 59 Overton: I would like to move first on comments as I was really the one that kind of made this happen this evening, moving it from last time we had our meeting, and at that time -- a little history on this whole thing. Over half this Council was not present when the original agreement was made that showed a 2029 date. So, we are coming into this with how best do we shut this down, give it a runway, let them complete their business in such a fashion that works for them, works best for the developments that are coming in. The idea of the date that we came up with with June 30th of 2027 with all of the provisions that they have put into place on when certain aspects of this process will shut down was really to me a very good faith effort as they brought this forward. It's exactly what we asked you to do. I understood the date of June 30th and why we went from the original date I thought of of April was because of the timing due to weather and how we had to deal with that weather. I think we have done a pretty fantastic job in coming to the conclusions we are at tonight and what we have in front of us tonight. We have to remember that there is three agencies, Meridian Code Enforcement, Central District Health and Idaho DEQ, all of which -- and this kind of causes some confusion at the very beginning. All of these agencies lead with compliance based enforcement. That's how they work. So, initially when we were looking at them being in trouble for violations, those were just compliance efforts. They met. No formal violations were ever written, whether it was our Meridian code enforcement, Central District Health or IDEA. But all three of those agencies, if there is a violation that is not taken care of, have full abilities to write formal complaints and take those forward and I mean formal being the ones that would end up in a court process as a formal complaint. What we do with our code enforcement all the time when people do not come into compliance. So, there are still those three agencies behind this agreement that would ensure that this stays in compliance as we move forward. The idea of this date of June 30th of 2027 in my mind, as the one who made the initial motion, was that nobody gets everything they wanted. We forced the applicants to shorten the time length -- timeline even further to be as -- as aggressive as they can to shut down the business in Meridian as we are developing to the south and try to move that product as quick as they can to Nampa. I think they have done a great job. It will never make everyone happy. We had development representatives that were in agreement with that when we left last time. I know some of the neighbors who really want this shut down sooner and I understand it. But I think coming up with a June 30th, 2027, is far better. It's two and a half years better than 2029, whatever the original agreement was, plus the facts that we had to look at things that could happen even if an occupancy permit is issued within a thousand feet and they had the ability to, then, move their recycling services, so it would still remain outside of that thousand feet. We don't want to have these type of games played. We want to make sure we are dealing straight up on the surface, everybody knows what's going on, no one's trying to pull a fast one on anybody else. We are just trying to find the quickest, easiest runway to end this process, end it successfully. You guys do an amazing job on keeping tons of waste out of our landfills and that cannot be unstated. You know, we -- we talk about what you do, but the bonus -- the advantages you do for the community -- that everyone else benefits from -- is tremendous. And I want to just make sure I got that on the record. I'm in favor of this. This is literally what I was hoping for would be in front of us this evening. Meridian City Council December 17,2024 Page 12 of 59 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I won't -- I think in the last public hearing I made quite a few comments that just sort of explained where I was coming from. I -- I'm in support of the compromise. I'm in support of seeking a transition plan. I just felt like a higher touch was needed by the Council in terms of frequency of oversight and, again, I was more in favor of a continuance for six months for the applicant to demonstrate compliance with their plan. So, I haven't changed my mind. That's where I'm coming from. I just wanted to explain on the record so people understand why I'm voting the way that I am. Thank you. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, I would just like to put on the record that I concur with Councilman Overton. I think he summarized that so well. I don't believe I have anything to add. I appreciate that -- the work that they have gone through to have a concise plan for us that we can follow and have our code enforcement being able to monitor that and have some actions if things aren't being followed. I appreciate the willingness for them to be so confident that they can get this done, that we can monitor it and there are some penalties if it doesn't happen. So, I concur and will be supporting this. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: First just want to make note, I -- due to scheduling I missed the two previous meetings in person, but I have watched all of the meetings online and reviewed all the material, so I'm comfortable casting a vote on this tonight. I just want to -- what I keep thinking about is the word responsible and it seems like there has been a good faith effort to find a -- kind of a common ground here where trying to satisfy the various needs and they are very potent and powerful on -- on both sides of the argument. I certainly can understand that. Where I come down is I -- these materials have to be dealt with and I feel like there is -- I appreciate the plan and the detail. Similar to Councilman Overton when I saw what was proposed in the most recent updates I felt like there was a really good faith effort to hear the feedback from Planning and Zoning, from City Council and to the best of their abilities all the -- those that provided some testimony. So, I think I'm going to be supportive of this tonight, because I think the fact is we have some materials that have to be dealt with. They are not easy. It's complicated. These are hard. We are talking large scale equipment. The fact that weather has a direct impact on their operations is a reality we have to -- we have to understand and deal with. So, I do appreciate all the comments and I appreciate the Meridian City Council December 17,2024 Page 13 of 59 efforts. I think -- I think the date that we found of June for a shutdown -- I thought that was a really -- a good kind of compromise, the fact that the applicant -- or Timbercreek is trying to meet that mark is helpful and I appreciate the city and code enforcement -- I appreciate your update and your -- your testimony that a transition plan is important, because I do think that's important and I was happy to see that there was a fairly detailed transition plan here. So, I will be supporting this tonight. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Let me just key in on two words that Councilman Taylor referenced. Good faith. We have had long hearings and conversations and discussions. We have thrown out ideas. Some have taken, some haven't, but I think in good faith the applicant has come back with a development agreement that -- the applicant has come back with a proposed development agreement that I think was done in good faith based on our input, based on the needs of the public and, frankly, there is -- there is nothing that would preclude the applicant from concluding their operations prior to June 30th. If the weather is good, if they can accelerate and outperform like they have in this fourth quarter on some of the voluntary efforts that they are doing, there is nothing that says they -- they won't be done by April 1 st of 2027. 1 believe in good faith they are going to try to do that and so similar to what some of my fellow Council Members have said, I'm -- I'm willing to support this project moving forward, because I think there has been a demonstration of a willingness to move and a willingness to accept the input from this Council and a willingness to do what they possibly can -- the most that they possibly can to meet the city's goals and needs, to meet the other developers the neighbors and their needs and I think they have demonstrated good faith in doing that. So, I will be in support of this tonight. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It's a rare night. I'm -- I'm at a loss for words. I'm -- I'm -- I'm not quite sure what I'm thinking. In listening to my colleagues I have been going back and reading through the ample public testimony that we have received about this and I met with a -- a person who got elected to another jurisdiction a couple weeks ago and was asking how it was going and the response was it's a lot easier when I'm sitting on that side of the dias; right? And -- and I think probably for the first time since I have been doing this I'm -- I'm struggling, because I'm -- I am sympathetic with the -- the neighbors and -- and what you have -- have dealt with and many of them are -- while not Meridian residents are -- are long-term members of our community and I can appreciate If you feel the quality of life that you have wanted has been interrupted and concerned that that interruption could continue. I'm also struggling with -- because we have got a facility that was out there doing this operation in the county and if they never would have annexed in would have continued to operate and I have said this a couple of times in Meridian City Council December 17,2024 Page 14 of 59 my time on Council, this is a case of people not coming to Meridian, but Meridian coming to them and how do we find that -- the right balance and so the word -- or confidence is kind of what sits with me and -- and, you know, confidence is related to trust and confidence is related to reliability. I have heard a lot, you know, tonight that -- that does -- I can appreciate the perception even if I don't agree with it. You know, there is -- there is accusation the city's accepting materials there that -- the site's accepting materials it's not supposed to, but it -- but it's not. We have heard a lot about health impacts, yet Central District Health has said there is -- there is not health impacts for the facility. The health piece for me has always been the -- the biggest crux and if Central District Health would have said, hey, this facility poses a negative impact to public health, that would be a much different conversation. I -- I was a no vote when this first thing was presented. I just -- I couldn't -- I couldn't find a way to support it and so I -- I -- I commend this Council for giving an applicant and the public ample opportunity to continue to look at this. I still don't know how I'm going to vote. I wish I was the last one to vote, so I would have more time to think about it. Council Member Overton, you put it best, I think this is a compromise is what we have got here tonight. Nobody's walking away feeling like that they got a win, regardless of how this all -- all plays out. I'm just going to be quiet, because I -- I don't have anything else left to say. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: After those comments I would like to make the motion. After considering all staff, applicant and public testimony I move to approve File No. H-2024-0032 as presented in staff report for the hearing date of December 17, 2024, to specifically include the phase transition plans of Timbercreek Recycling. Little Roberts: Second. Simison: Have a motion and a second. Is there discussion on the motion? If not, clerk call the roll. Roll Call- Cavener, yea; Strader, nay; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: Five ayes. One nay. And the item is agreed to. MOTION CARRIED: FIVE AYES. ONE NAY. 2. Public Hearing continued from December 3, 2024 for Baratza Subdivision (H-2024-0016) by Ella Passey, The Land Group, located at the southeast corner of N. Black Cat Rd. and W. McMillian Rd. A. Request: Annexation of 80.3 acres of land with R-8 (26.98) and R- 15 (53.32) zoning districts. Meridian City Council December 17,2024 Page 15 of 59 B. Request: Preliminary Plat consisting of 347 building lots, 29 common lots and 1 right-of-way lot. C. Request: Council Waiver for block length on six (6) street segments that exceed the maximum 750 ft. block length requirement on land that is currently zoned RUT. Simison: With that we will move on to Item 2, Public hearing continued from December 3rd, 2024, for Baratza Subdivision, H-2024-0016 and continue this with staff comments. Ritter: Good afternoon, Mayor and Council. So, this is an application for an annexation and preliminary plat. The site consists of 80.3 acres of land. It's currently zoned RUT in Ada county and is located at the corner of Black Cat Road and McMillan Road. So, the applicant is requesting to annex the property into the city with 26.98 acres of land that was zoned R-8 and 53.32 acres of land that is zoned R-15. I apologize, they did change this. So, those acres have changed with their new preliminary -- with their new revision of their plat. But they are -- the preliminary plat will consist of over -- about 370 lots, so there are some structures that -- that -- both 4023 and 4375 that will be removed and there is existing wells and septic systems that will be abandoned as required by our code. So, this is the preliminary plat that was revised by the applicant. We did ask the applicant to provide a mix of dwelling types, such as single family attached or townhomes within this proposed development, which is allowed by the Comprehensive Plan within the R-15 zoning district. The applicant is proposing something called Next Gen homes that meets the city's request, but I will let the applicant go into further details about that, because I don't want to steal their thunder from them. This subdivision is proposed to be developed in five phases. The first phase will be -- will include all perimeter and arterial roadways, frontage and multi-use pathways. The North Grand Lake Way collector, four public street connections and the primary common area amenity lot and development of the subdivision will be required to comply with the subdivision design and improvements and, then, I also want to state that the applicant is going to do a revision on their phasing plan based on a conversation they had with the highway district as far as some roadway improvements, which we will get into in just a minute. So, the applicant had previously proposed seven common driveways with the subdivision. With the revision of the plat they are now only proposing one. The development, again, it's required to comply with the subdivision design and improvement standards. They previously proposed six block faces that exceeded the maximum block phase standard. The applicant -- again they revised the preliminary plat and all the block faces meet the UDC requirement. No waiver has been requested. So, again, we were talking about the Next Gen area. This is the area that they are providing the different housing type. So, there is a 25 foot wide landscape buffer that is required along Black Cat and McMillan Roads. A 20 foot wide buffer is required along the internal collectors. All landscaping will have to meet the UDC standards. We did recommend ten foot wide detached sidewalks be provided along the collector and arterial streets within and abutting the site for public safety. The pathway master plan -- it depicts a ten foot pathway along the internal collectors and along the north side of the Calkins Lateral. The landscape plan reflects a buffer from North Black Cat Road edge Meridian City Council December 17,2024 Page 16 of 59 of payment ranging in width from about 70 feet from the south to 97 feet in width at the north. The Creason Lateral and the Lemp Lateral, as well as the maintenance road are both located within this buffer along McMillan Road to the north. There is a buffer shown with the width of 101 feet from the edge of pavement. The Creason Lateral is also located within this buffer. There are landscape strips of at least 25 feet in width between the lateral and the exterior property fence. Both arterial buffers meet the minimum requirements for at least -- of at least one tree per 35 feet in width. The areas contained in the lateral are shown to be sod. Buffers of at least 30 feet in width are provided along North Grand Lake Way. Eight feet wide landscape parkways are provided along most of the internal local streets and, again, all these buffers must comply with the UDC. So, the applicant is proposing no mow lawn -- grass within the landscape buffer along McMillan and Black Cat Road. So, staff is requiring that the applicant -- the applicant to change this to regular sod, as from past experience once this has been transferred to the homeowners association this area will be mowed as perception mowed -- is that it looks and feels unmaintained. So, we have asked the applicant to revise the landscape plan to incorporate the following. We wanted them to work with the irrigation district to enter into an agreement to divide some type of landscaping other than gravel in the common open space area on the southern part of the property. We asked the -- the applicant will need to revise their landscape plan accordingly, with the understanding that trees will not be allowed in the area, but grass and shrubs may be allowed to be added if negotiated within the agreement with the irrigation district. We are asking that they remove the no mow grass and add regular turf along Black Cat and McMillan Road and add grass in the borrow ditch along Black Cat. As far as the qualified open space, a minimum of 15 percent of qualified open space is required to be provided within the development. Their open space exhibit shows that 23 percent -- .76 of open space was provided and that meets the required quality and qualified open space standards. So, based on the standards they were -- have to have a minimum of 16 amenity points. The amenities that are proposed are a barn style open air gathering space with restrooms, open grassy play areas, natural play areas, picnic areas, open space common shelters, playgrounds, sports field, pedestrian and bicycle circulations, large pond water feature and meandering pathways are planned for the central amenity area. All the common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of tree, shrubs and lawn and vegetative ground cover per the UDC. So, there are -- all the irrigation ditches crossing the site shall be piped or otherwise covered as set forth in the UDC. Per the applicant's narrative the Lemp Canal adjacent to West McMillan Road will be piped and an easement granted. All work on the Lemp Canal has been coordinated with Settler Irrigation District. Required irrigation district easements will be granted within the common lot. Irrigation district easements exist for the Lemp Canal and the Creason Lateral -- Lateral adjacent to North Black Cat Road. These easements exist within the common lot. Maintenance roads are indicated along both laterals. Coordination will be ongoing with the irrigation district managing the waterways to meet the requirements. West McMillan Road along the property frontage is two lanes with no curb, gutter or sidewalks. North Black Cat Lane -- Road is two lanes with a five foot sidewalk, detached pathway on the west side. This development proposes five points of access. The primary access will be the Meridian City Council December 17,2024 Page 17 of 59 collector street off West McMillan, North Grand Lake Way towards the northeast side of the property, through the property. There is a -- oh, wait a minute. Sorry. And connecting to the Quartet Northeast No. 2 at the southeast corner of the property, the other three accesses would be local streets. One is on the western access to North Black Cat Road, which aligns with West Quintale Street and eastern access, which connects to West Viso Street from the Volterra Heights Subdivision, an additional southern access, which connects to North Black Cat Avenue also in the Quartet Northeast No. 2. So, based on the ACHD staff report, due to the high water table in this area permeable pavers may be necessary internal to the site to accommodate high groundwater. Permeable pavers are allowed, provided they are designed in accordance with ACHD policy and best management practices. So, based on the proposed development ACHD is requiring the applicant plan to do the following improvements to North Black Cat Road and West McMillan. Dedicate 50 feet of right of way from the center line of North Black Cat Road abutting this site, improve McMillan with 17 feet of pavement and three -- and a three foot gravel shoulder and 12 foot wide gravel irrigation access road as proposed and a ten foot wide multi-use pathway abutting the site to tie into the exist improvements on the site. Construct a dedicated westbound left wing turn on McMillan Road from Grand Lakes Way. Constructed to the intersection of McMillan Road. Dedicate right of way as necessary to accommodate the left lane -- turn lane. Improve Black Cat Road with 17 feet of pavement from center line, a three foot wide gravel shoulder and five foot wide concrete sidewalk -- sidewalk as proposed located at a minimum of 47 feet from the center line abutting the site and tie into the existing improvement south of the site. Other than specifically approved with this application, there will be no direct access to McMillan Road, Black Cat and Grand Lake Way and should be noted on the final plat. So, again, per the ACHD staff report McMillan Road west of Ten Mile is anticipated to exceed ACHD's acceptable level of service plan and thresholds and the p.m. peak hour as a three lane road under 2025 total conditions, but it meets ACHD's acceptable level of service planning for -- under the shoulder hour -- in the shoulder hour under the 2025 conditions. Shoulder hour is defined by ACHD as one hour before and one hour after the peak hours during which traffic is rising toward or decreasing from peak and congested conditions are frequently -- infrequently occurring. McMillan west of Ten Mile is facing a significant challenge in -- in handling the traffic demand. The master street map limits the road to three lanes, but the project level of service for this area expected to degrade to an F due to the proposed entitled development. A level of service F indicates heavy congestion with traffic moving very slowly or stopping frequently. While mitigation measures are in place, they do -- they may not be sufficient to significantly improve traffic flow as the road cannot be widened to accommodate the additional volume. The traffic impact study was prepared by CR Engineering in 2021 . A new TIS was not required as the increase in the number of lots for Baratza Subdivision was considered minimal. So, Baratza, which is formerly known as Jamestown Ranch, requested annexation into the city and subdivide 80 acres of land with R-8 zoning into 294 building lots, with 25 common lots. This proposed development was denied by City Council in 2022. Council stated the reason for denial was that the proposed annexation is not in the best interest of the city and would be detrimental to the community for the following reasons: The proposed development would generate additional traffic on West McMillan Road and North Black head Road. Meridian City Council December 17,2024 Page 18 of 59 West McMillan Road from North Black Cat to North Ten Mile will not be widened to three -- two lanes until 2031 at the earliest. North Black Cat Road from West Ustick Road to West McMillan Road will not be widened to five lanes until 2031 at the -- at the earliest. However, since the Planning and Zoning Commission meeting the applicant has revised their site plan to add more R-8 lots and less R-15 lots. They added the Next Gen lots that offers a first floor private suite that provides all the essentials for multi-generation families needed to work, learn, create or have a sense of independence for the purpose of diversifying the housing types. They complied with the block face regulations. They reduced the number of common driveways. They met with ACHD and came up with avenues to expedite the improvements needed for the intersection of McMillan and Black Cat and the applicant will share those -- will share the things that were discussed at the meeting. I will let the applicant go into more detail on that. So, staff feels that although this application -- this application was denied by Planning Commission basically for the same reasons that it was denied by City Council previously, but I do want to go back and talk about the schools. So, we did receive a letter from West Ada School District and they said that the elementary and high schools are over capacity -- or at or over capacity. Pleasant View Elementary School has no room to put another portable or space to create another classroom within the existing building. The children in the area will need to be bused to another school that does not have the capacity and I know the applicant met with West Ada School District. I know West Ada School District did receive some money to build two new elementary schools and I know one will be near Star and I can't remember where the other one will be located, but West Ada did provide additional information today based on the comments that were in the narrative provided by the applicant and they stated a new school, Pleasant View and surrounding schools, will likely reach capacity in the coming years based on factors including already entitled development and phase growth. So, some of the things that they can do -- they can transport students, attendance area maybe adjusted if available. The passage of a bond to build new schools and place portable classrooms if needed. But portals are not applicable for Pleasant View Elementary, because they just don't have the room for it. But I would like to say that I am happy that the applicant took such -- took the opportunity to listen to what the public and the Commission had to say at the hearing. They took it upon themselves to go out and meet with the neighbors to go to the highway district, to talk with the school district to see what they do -- could do to help alleviate some of the issues that were addressed and I would just like to thank them for their efforts, because I have to say that is -- it's refreshing to get that -- that work in relationship with the applicant that they are taking our comments seriously and they do something to actually try and fix it. So, with that I will take any questions that you have. Simison: Thank you, Linda. Council, questions for staff? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Linda, just one question and it pertains to the -- to the letter from West Ada. Did staff take the letter from West Ada that students from this proposed development Meridian City Council December 17,2024 Page 19 of 59 would be bused or students in the area could be bused to a different school? Because I think that to me is two different ways to look at things. Ritter: Well, this is a letter that was based on this development, so with other entitled developments in the area I think it applies to this development also. Cavener: Okay. Thank you. Simison: Council, any additional questions for staff? Okay. Would the applicant like to come forward? Adams: Good evening. While they are pulling up the presentation, thank you, Linda. I appreciate that. My name is Matthew Adams. I'm at 462 East Shore Drive, Eagle, Idaho, and I'm representing the Lennar project tonight. But I want to say Merry Christmas to everybody here. Thank you for spending your evening with us on this project. Don't start my time, please, until I know how to flip slides. Okay. Good evening. We all know there is a tremendous need for housing in this community. So, this project -- we bring this to work closely with you to be part of that solution. But this project is different, because we are really bringing solutions to infrastructure gaps before we fill houses with people. Okay? So, tonight we are going to go over a few things. I'm going to go fast on comp plan, community context, community amenities. want to leave time so we can talk about the important issues that P&Z brought up, which is density, schools and transportation. So, if we go over something quickly and you are interested in it, please, ask a question, so that we can spend some more time on it and Baratza means apple in Basque, so we have got some cuteness factor here with the little guy. This is the comp plan; right? Future land use map. So, you can see Meridian has thrown its arms around this -- these parcels -- this area and is giving it a bear hug and saying, please, come in to our city. There are entitled lots all the way around it and we are like, sure, let's do that. So, let's follow the future land use map, let's follow code and we meet all those things. Furthermore, we are planning to do everything in the staff report. We agree with all the conditions and we want to proceed and satisfy everything that staff has asked for. This is the community context similar to the future land use map. We have got some icons in here to demonstrate all the various community amenities and to depict -- I mean there is -- I know we are going to talk about infrastructure in relation to roads, schools, but there is more than that when you talk about infrastructure. There is retail, shopping, jobs, pathways. Those things exist. This project is not out on the edge, it's not on a shoestring, it is in the center of a developing area. It's been developing for decades. All right. Amenities. So, the Baratza community -- we met early with the client, with the owner, and we want to make a commitment to preserving the rich history of Meridian, the Treasure Valley, and provide a high quality community for the residents and provide a high quality community for the neighbors, because neighbors will walk through this community and they will feel like it's part of their community as well. All right. So, we wanted to really spend some time and make the agricultural heritage of the community visible in the project. So, we have a modern interpretation of ag. We have modeled our main space around that of a homestead. So, the community amenity that Linda talked about were anchored with a Meridian City Council December 17,2024 Page 20 of 59 barn style open air gathering space with restrooms, pool, irrigation pond, playground, shade shelter, picnic areas, orchard, play field, all of these incredible features connected with paved pathways. Not only that, we do have the ten foot multi-use pathway on McMillan on the north that connects the existing one that takes you down to Walmart, Panda Express, et cetera, and we also have ten foot multi-use pathways on Grand Lake, which is our collector that runs north-south and we are connecting the significant gap in pedestrian walkways on Black Cat as well. So, Linda mentioned we are required to have 15 percent open space. Well, we are providing 22 percent. So, what does that look like; right? Well, that main space on the interior -- and Boise Dev got this quote great after our P&Z that we have a Costco sized open space. So, I think six acres of open space is hard to maybe conceptualize, but we have all been to Costco, so the parking lot by the tire area out to the -- to Ten Mile, plus the building, that's what we are talking about. It's massive. Okay? This is a really great investment to provide an amenity for the folks that are going to live here. And, again, I think it provides an amenity for the neighbors as well. You can't -- it -- it is true where I live I walk through other neighborhoods. I enjoy their spaces as well. So, what's the character of these improvements? They sound great. Are they going to look great? Yes, they are. So, this is Baratza; right? Pool. Irrigation pond. More than just a pond it's a feature. It's an amenity. We have got playgrounds. The orchard. The open air style picnic structure. Playfield just out of view. We are also taking very special attention -- putting special attention on roadways. This roadway is enhanced. It goes above and beyond like many features of this development. Ten foot planter strip, eight foot walkways and a ten foot minimum buffer where we don't have a front yard. So, this is our main east-west thoroughfare and you can see that -- I mean this is -- this looks real with eight foot walkways separated from the roadway by a ten foot planter. Pedestrians feel safe. Children feel safe. People use -- will use those walkways. Architectural character. We want to lean in on this ag theme, that's where the -- the board and bat is used pretty extensively when you want to do that. It feels very appropriate in our community. All right. Now, I do want to talk now about what Planning and Zoning said and that we listened and that we worked really hard with staff, other agencies and the neighbors to come up with the proposals. So, I'm going to talk about density, how it relates to zoning, schools and transportation. I am going to have Sonia with Kittelson come up, talk about transportation and, then, I am going to have Tony come up and talk about neighbor engagement as well. So, let's get into density. So, the P&Z said is R-15 zoning and density appropriate in this community. So, medium density residential per the future land use map does allow R-15, but when we presented P&Z said feels like too much. So, we revised it. So, now we have R-8 that aligns to R-8 to the west, to the south, to the east and, then, we have R-15, which is pushed up on McMillan, because across the street there is a higher density development that's already platted. So, we are matching into the community. We are matching and mimicking the densities around us. Okay. Why do R-15 at all? Well, we can shrink those lots very slightly and we can allow some affordability, because it is important to have affordability in this community. This is meant to show you the context of density; right? So, I said there is a higher density project across the street at 13.6 units per acre. We have R-15 up against that 13.6, but we are still at a 5.6 units per acre. They are at 5.4 to the east of us and 4.8. Okay? You can see 5.6 to the northwest, et cetera. Meridian City Council December 17,2024 Page 21 of 59 Per their staff report the average net density within one mile is 4.96. So, let's call it five and we are at 5.6. So, we are right in there. We are -- we listened to P&Z. We modified our plan. We reduced our density and dramatically reduced our R-15 area. Schools. Schools are a sticky situation right now. P&Z said how do we mitigate school enrollment concerns? So, West Ada does that for us. West Ada does control the schools. West Ada is the recipient of -- or the beneficiary of House Bill 521, the School Modernization Fund. Okay. So, West Ada is going to receive 150 million dollars. Some of that goes to new construction. Other dollars from that goes to major modifications, modernization, upgrades, those kind of things. The Star Elementary was submitted today for conditional use, CZC and DR to the city of Star. It is located in an area that the -- and this is information from a meeting I had with West Ada. This will affect the Pleasant View boundary. Pleasant View is currently taking students that live to the north of it. This school will result in West Ada balancing enrollment areas and the school district's going to start that balancing or revision this coming year so that they can vote in February. The board will approve the new boundaries. February of '26 is when they will vote. This school will open in fall of '26 and the -- the crowding will be relieved based on the Star school and we are not hoping they build a school, they are building a school. It's funded and the design work is underway. So, I'm going to ask Sonia with Kittelson to come up and talk transportation. Daleiden: Good evening, Mayor Simison, Council. Sonia Daleiden with Kittelson and Associates. As Matt said I'm here to present a few sides to talk about and address the concerns that the P&Z had related to traffic and transportation. So, I think the most important thing to understand as we are talking about transportation in this area is by the time homes are built in the subdivision, if it is approved, the transportation system around this area is going to look very different. There are over nine major transportation projects that are in the immediate site vicinity. You can see that here. Several of them, such as the new State Highway 16 extension, the widening and upgrades to Ustick Road, as well as a traffic signal that ACHD has planned at Black Cat and McMillan, these are funded, constructed, in the process of going to -- sorry. Funded, designed and in the process of going to construction next year. ACHD is going to begin construction of the traffic signal at Black Cat and McMillan in January and I know you are all very familiar with Ustick Road and State Highway 16 and the accelerated schedule those projects are -- are on. In addition there is other projects in this area planned and moving forward and we will get into a few more details on that, but I wanted to make you aware of how different the transportation system in this area is going to look and you can see in this table here by the time all of these funded and planned transportation improvements are in place in this vicinity there will be a net additional capacity of almost 20,000 vehicles in the peak hour once all of these transportation projects are in place. So, the ability to accommodate significantly more traffic than is there today. This graphic shows how that additional net capacity is going to come into play over time. So, you can see there is a pretty significant jump in that capacity between now and 2030, because of those major projects that are currently underway and, then, overtime by the time we get to 2040 you can see all of that additional capacity that will be in play and that's shown on the blue line on this graph. The orange line at the bottom of this graph is how much capacity or how much traffic Meridian City Council December 17,2024 Page 22 of 59 the Baratza development itself will add to the system. So, you can see here we are adding 317 peak hour trips, compared to that 20,000 trips of additional capacity that's being added to the system. Now, we know Meridian, other cities in this area -- and this is not the only project you have approved or will be approving, but you can see how much capacity is going to be out there relative to what this development would actually need. That said we -- this development wants to be a proactive contributor to improving the transportation system in this area and so I -- I would like to summarize briefly just what specifically Baratza development is offering to do with approval for transportation. So, first, as Linda summarized, we will be dedicating right of way along Black Cat and along McMillan, so that ACHD has that right of way available for their future plans along both of those roadways. There will also be frontage improvements of course. There will be relocation of the canal that will be required in order to do some of those improvements. We will be constructing a completion of Grand Lake -- the collector of Grand Lake Way between Black Cat and McMillan to provide a redundant connection, so some folks in those subdivisions don't actually have to go out to the arterials. Sorry. Is that time? Okay. Simison: Yeah. It's time. If you can summarize -- Daleiden: I can wrap up really quickly. And I think the element that I want to highlight most is specifically at McMillan and Black Cat, what this development is proposing to do. So, as I mentioned today it's a four way stop intersection. As I mentioned ACHD is starting construction on a traffic signal at the beginning of next year, but we know that traffic signal is not the ultimate improvement. ACHD wants that intersection -- they actually have planned a multi-lane roundabout and so what the development has discussed with ACHD and has offered is to upfront the full cost of putting in that multi- lane roundabout and constructing it prior to the -- or before any of the phase two construction of homes would go into play. So, that's up fronting the cost -- complete cost. It would -- some of that cost could get potentially reimbursed through impact fees, but at a minimum the development would pay at least 1.5 million dollars to accelerate that project one, potentially two years, prior to when ACHD would currently be able to do it. So, I think I might be out of time. Simison: You are out of time. Daleiden: I will wrap up very quickly. Simison: Thank you very much. Council, any questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I'm intrigued by, you know, rarely really see an applicant that takes like the real challenges that we are having in the community so seriously that they are Meridian City Council December 17,2024 Page 23 of 59 coming to the table with solutions, so I respect that. Would you mind just describing the timeline here for a minute, so we can kind of understand how that would work? Adams: Thank you, Mayor, Councilor. We just put a ton of information on you. Linda did and, then, we did as well. So, how does all this line up, this timeline? So, 2025 the traffic signal is completed by ACHD. There are no homes constructed. No new trips. New capacity is available. 2026 the new school opens and the Lemp Canal gets moved and tiled. Still no new homes constructed. Additional school capacity is created. 2027 we anticipate phase one final plat being recorded. At that time Grand Lake is complete. We are starting to work on new homes and we are starting construction on the roundabout. So, still there is no homes occupied and we have all this infrastructure. In 2028 roundabout's complete. If things go well for us as a development, 122 homes would be completed and we would, then, start in an attempt to final plat phase two and, then, we jump -- we didn't want to go every year, but we jump ahead to full build out anticipated 2031 . That's when that would be complete and the 344 homes and Council Woman Strader, thank you, because -- I said at the beginning we are trying to be different. It's improvements in infrastructure before the houses are built. I don't know anybody who ever brings that to you. So, I think we are really making our best effort to do that and I hope somebody asks about neighborhood outreach, so we can talk about that, too. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Can you tell us about your neighborhood outreach? I'm kind of curious now. It is an important part -- Adams: Mayor, Councilman Taylor, I would love to. On this project -- I'm going to ask Tony to come and talk about that a little bit. We hosted four neighborhood meetings. I had meetings with individual neighbors, because it's important to do it right. Okay? The check-the-box one meeting is fine, but it takes more than that to be successful. Tsang: Tony Tsang. 6518 North Fairborn Avenue, Meridian, Idaho. Mayor Simison, Council Members, I'm actually representing the ownership group and I want to start -- part of the community outreach is that working with different builders -- we had -- luckily City of Meridian's awesome. Now, we own this piece of land. We had four different offers, all within two percent of each other price wise and when we looked at the offers, you know, a lot of them you probably can imagine who they are, we chose Lennar. They -- they presented us the most compelling argument of what they are willing to do. The amenities, the use of open space, their willingness to kind of work with us. Now, have done a previous development with them -- with them and realized that they really do care about what they build. They are not a minimum -- minimum developer or builder. They want nice stuff. And so that being said, you know, we really cared about who we partnered with and I think some of the stuff -- and back to community outreach -- I mean this is -- kind of ties it all together is that I was able to meet with the neighbors Meridian City Council December 17,2024 Page 24 of 59 three different times and a lot of -- trying to address their concerns. So, obviously, the three main concerns we had were traffic, schools and the density. I think the density dilemma conversation was kind of lost. If you were -- if you were able to watch the P&Z meeting they kept talking about R-15, R-15, R-15. We get that and we are not trying to put 15 units per acre. If we did an 80 acres it would be 1 ,200 homes. You know, R-15 zoning was really used for lot sizing and when we changed the R-15 zoning we just added a couple hundred square feet to some lots to make it R-8 and so we did -- different from the previous development we -- we bought more land. We actually bought more land from Larry James. We have more land to work with. Not a ton of land, two and a half acres, three acres, but we did buy more land. So, back to neighbors. So, we met with the neighbors. They were great. I mean I don't know if you were -- if you guys watched the community meeting for the P&Z, but there were about 25 to 30 neighbors that showed up. They cheered when P&Z denied us two to three, yes, but we worked with them and we told them what we were doing, what the alternatives are and as the landowner, you know, we have options to sell to who we -- who we have to sell to. Now, if Lennar gets denied -- if this -- this gets denied, obviously, we have to make alternative decisions on who we sell to and what I kind of explained to them and hopefully they support it and, obviously, not as many people showed up -- was you found a great partner. We found a great partner. If we deny this -- if this gets denied and gets pushed out a couple years, we lose 1.5 million dollars. I mean I want to emphasize the fact that Lennar is going to pay up to six million -- not up to, but we are estimating six million dollars to privately fund the roundabout. It's going to happen a year or -- two years earlier and they are going to carry that to 2029 and only get back 4.5 million. They are going to leave 1.5 million that the county of --Ada county, the state of Idaho, is going to get to keep. Let's not forget floating six million dollars for two years at seven percent. It's another eight -- 800,000 dollars of flow cost. I think -- I thought it was amazing. When we approached -- when I approached ACHD, worked for Steve Price and the -- and the group, that moved the needle. They were really impressed. They are pushing forward. We are committed to -- oh, I can't take credit. Lennar committed to putting those funds into our community and I just sit here and go, okay, if it gets denied, I get it, we will sell somewhere else, but that evaporates. The next builder probably won't do that. In fact, I talked to a builder to help -- a local developer to help participate in the funds and he was going to get back all his funds and -- and impact fees and he said he would pass and Lennar's -- I mean a million five is a lot. Simison: Can we get back to -- Tsang: I'm sorry. I'm -- dialogue. Yes. The community -- Simison: -- we will move on. Tsang: I'm sorry, Mayor Simison. So, yeah, and we addressed their concerns. I think the Deans are over here, the Quenzers are over here, they said, hey, you know, the previous developer wanted -- they agreed to not build two story homes about our house. So, I worked with Lennar and they said, hey, listen, we didn't make them this promise, Meridian City Council December 17,2024 Page 25 of 59 but can we make -- designate these homes to be one story homes and -- absolutely. We had another neighbor that wanted -- because they were afraid that they were going to use it as a cut through, so we decide -- we asked the city -- we asked the staff, hey, can we develop this last piece where it connects to our west at the end, so we don't create the last piece of road, so people can't cut through. I mean I -- these are minor things. I think the -- the -- I think that the message that we are trying to get across is that, you know, we as a development team did listen. You know, we -- we failed. We failed in our first meeting, because we didn't listen to staff, but we corrected all those things. You know, we couldn't talk about the schools yet, because it wasn't announced, so -- and then -- and I obviously feel, if you watch the -- the P&Z meeting, that R-15 zoning issue was just -- it was -- it was just twisted in a way that we are not looking for more density. We use that zoning for more -- and I -- and through the community meetings explained to them what we were trying to do. I think they understood that. Sorry. Sorry for going off topic. Simison: Thank you. Council, additional questions for the applicant? Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Mayor and Mr. Adams, just looking at this picture that's on the screen, if you will go back, the northwest corner of this at -- at McMillan and Ustick, does it accommodate -- I'm not seeing a roundabout in -- in your image here. Is there -- what -- how will that change when the roundabout is -- is built? Adams: Excellent question. Mr. Mayor, Councilman Whitlock, this graphic does not show the roundabout. You are correct. However, it does depict accurately the dedication of the right of way for the roundabout and there would be no impact to the lot layout, the open space, when the roundabout occurs. Now, the -- the sidewalks would need to be adjusted slightly, because they will initially be constructed for the traffic signal, but this layout will accommodate the roundabout. We have the CAD files from ACHD. They are in the background as we work on our -- our development. Thank you for the question. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: One question on the timing of some of the transportation improvements. Correct me if I'm wrong and maybe you are the one that can answer this for me, but you stated an additional 20,000 trips accommodated when -- when everything is completed, but one of my -- yeah, go back to the -- okay. Here we go. Very bottom of your chart. Black Cat Road widening to five lanes from Ustick Road to Chinden. Time frame 2040. So, that's -- I just wanted to verify that that was the case, because that seems a little bit problematic in terms of your timeline with when you are hoping to have all your homes Meridian City Council December 17,2024 Page 26 of 59 in. So, could you just speak to the capacity? Because if you are considering the 2040 widening of Black Cat and the 2,400 additional capacity in sort of your time frame, the math -- the timing doesn't line up with what I have heard. So, could you speak to that for a minute? Daleiden: Yeah, Mayor and Council, thank you. That's a great question. So, what we wanted to do in this graphic in this table is provide a complete picture of everything that's planned out in here. You are absolutely right, though, some of these projects are before. There will be people in homes. Some will be after. And I think, unfortunately, the slide that I had to scurry across here, due to the lack of time, really tells a nice story. I think it's this one. Yes. Wait. Where is it? Yeah. Oh, it might be -- it might be cut off on this. Taylor: That's my fault for having -- Daleiden: You are all right. You are all right. If -- if you narrow in this view and don't look at those longer term projects, if you really focus -- even if you don't consider some of those that are guaranteed, like State Highway 16, the Ustick widening, if you really focus only on what is this development actually doing and that would be the right of way dedications on McMillan and Black Cat, the roundabout construction and, then, the addition of Grand Lake Way, if you add just those up we are close to 4,000 vehicles of additional capacity added to the system and, then, you can compare that back to the 317 trips that the development will generate, so the projects that this development has committed to doing itself will provide about ten times the capacity that it itself needs to accommodate its traffic. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm curious, I will take the bait on what a Next Gen home is, if you want to give a little. Please be brief, but briefly explain kind of what -- what you are targeting there and that would be helpful. Adams: Mayor, Council Woman Strader, great question. I'm going to have Jeff with Lennar talk about that, because he understands that product better than that I do. Clemens: Jeff Clemens. 306 Eagle Road, Eagle, Idaho, with Lennar Homes. Thank you for asking, Council Member Strader. It is a home within a home. It allows for multi- generational living. In the early 2013 we realize that many families are coming back together, whether it be your parent coming back to live with you or whether it be a special needs child or just your child coming back alone, it is an area which it has its own exterior door, it has internal connection to the home -- to the main home, as well as a kitchenette, a living area and a washer-dryer. It allows for independent living, while at the same time living within the same family. How is that for brief enough? Does that describe it there? Thank you very much. Meridian City Council December 17,2024 Page 27 of 59 Strader: Thank you. Simison: Council, additional questions for the applicant? Okay. Thank you very much. Mr. Clerk, anyone sign up on this one? Johnson: Yes, Mr. Mayor. First is Mack Myers. Simison: Good evening. State your name and address for the record. Myers: Good evening, Mr. Mayor, Council Members. My name is Mack Myers. I am the district manager of Settlers Irrigation District and forgive me if you will, usually I'm up here to speak in opposition to these projects and I spoke in opposition to this project last time we looked at it, formerly known as Jamestown, but I just wanted to go through this with you guys really quick. I have been working with The Land Group on a new design and they have met every requirement that the district has wanted and provided a design that's sufficient and satisfies the district and I think that the design ultimately improves safety for not only district employees when -- while doing maintenance on the irrigation facilities along with McMillan, but for vehicular and pedestrian traffic, significantly improving the safety for the pedestrian traffic. I have got pictures on my phone. I should have printed them off for you guys so you can see the -- the -- the kids walking down the fog line between the canal and the fog line and I have got pictures of vehicles upside down in our ditch, you know, right there at Joy Street and along McMillan and I -- I think that the relocation of the canal -- piping the canal is -- is more important than than anybody has really considered at this point. You know, as far as the roadway widening project goes, without relocating the canal that project is never going to get done and these guys are proposing to do that at a cost of like -- I think the last estimate's like 1.5 million dollars and -- and piping for the irrigation facilities alone, you know, on top of the intersection improvements. We currently have an agreement with Idaho Power that just came up over this last year -- you know all the steel poles that are run along McMillan, they had to add additional poles to support the infrastructure or to support all the new development west down McMillan, because they were -- they were concerned that they were going to have rolling blackouts, like Jump Creek and -- and further west on down there. So, they came to us, they wanted to put poles in, wooden poles, and we agreed to allow them to encroach within the easement, so long as the canal did get relocated, because it's basically obstructing our maintenance, because they have got the steel poles on the north side, now they have got the wooden poles on the south side and difficult enough to do any maintenance on the north side with the fog line, the shoulder, and the ditch, you know, so basically this is an encroachment that's allowed so long as the ditch is relocated. If the ditch doesn't get relocated -- I mean I -- I -- we -- we do have the option of removing those encroachments. I will probably not like that and neither will any of the other developments further on west. I have a few more things to say, but, basically, it's -- you know, if the canal doesn't move the intersection doesn't get widened, because -- I have reviewed the entire CAD drawing from ACHD and how it impacts all the infrastructure there at the intersection. They are -- they are going to be experiencing rolling blackouts. Safety doesn't get improved for -- for Meridian City Council December 17,2024 Page 28 of 59 anybody. It's just a -- it's a big deal. It's important that that thing gets relocated. And what they have provided us we are content with and I wanted to come up here and tell you guys, because last time I was in opposition to this project and with the new team and the new design I think that they are on the right track. So, I thought I would let you guys know. Simison: So -- so, Mack, can I put you on the spot for a different question? Adams: Sure. Yeah. Simison: Is there any way in the world that we can get all of Idaho Power's poles on that side so we could widen the road to more than the three lanes long term? Myers: Well -- so, the steel poles -- absolutely. So, once -- once they shift the canal south, because they are proposing to move it 40 foot south, they can bring all the poles over. But relocation of those poles are -- the last we looked into it was like 400 grand a pole, so -- Simison: Can we just put up a bunch of wooden poles instead of those big ones? Myers: No. Simison: We will talk about that later. Myers: Oh, yeah. Yeah. Simison: I'm not putting you on the spot, but I -- I think there is a legitimate long term if there is a partnership that can exist to allow a wider McMillan Road through that area through this partnership to get them all -- the utilities on one side. Myers: Right. Simison: That's where I was really going. Myers: And I agree with you a hundred percent and if you look further east you can see that the -- the canal had previously been relocated and piped at -- at the corner of Ten Mile and that's where they -- for the -- for the intersection there. So, that's when that intersection. If you follow that -- that center lane down you can see where the canal dives back towards McMillan and that center lane tapers down to nothing kind of just past Walmart there and that's -- that's where it gets -- you know, it's -- it's edge of pavement -- it's fog line edge of pavement and canal bank you know, so, it's -- it's an extremely dangerous area and, you know, people pulling into Walmart -- somebody not getting seen, they get rear-ended and same thing on Joy Street and so on and so forth. So, that canal really does need to get relocated and they would -- it's -- it's huge, you know, so -- anyways, appreciate it. Anybody have any questions or -- Meridian City Council December 17,2024 Page 29 of 59 Simison: Any other questions? All right. Thank you. And, Mr. Parsons, I hope you heard that, that we can seriously it's -- that's a fraction compared to buying a home of moving poles, so -- okay. Myers: Thank you. Simison: Thank you. Johnson: And, Mr. Mayor, next we have John Caldwell. Simison: Good evening. State your name and address for the record. Caldwell: Mr. Mayor, Members, John Caldwell. I live at 3843 West Viso Street. Just listening to all this testimony I just want to bring up a point. Where I live -- I live in the development next to it and what we are concerned about is -- well, first of all, you have to back up -- right now McMillan is a parking lot. It's two lanes. It's got all those developments over on Black Cat. It's -- it's -- there is a huge backup in both directions anytime of the day and what's going to happen is they -- they have -- as she pointed out, there is a -- this new development would go into our development through West Viso Street and people -- right now if you go out and take a right on McMillan and you want to go to Ten Mile -- take a right on Ten Mile you have to wait long. There is a long line at Walmart and all that stuff. Okay. So, what people in our neighborhood have done is there is a little shortcut that you can cut through our neighborhood and go directly to Ten Mile. So, what's going to happen with this new development is those people are going to find it -- you know, it's difficult to get -- to get on McMillan because McMillan is a parking lot, so they are going to cut through our neighborhood to go to Ten Mile. To get through they have to go through a park where all the kids are, to get through that's where the bus stops are for all kids and so I don't think anybody's thought this through that you are -- you are basically because of -- you know, the total traffic problems in McMillan you are sending traffic through a neighborhood with lots of kids playing. It's going to be -- people have to drive through a residential -- a neighborhood to get to this shortcut or to -- to avoid the traffic and you know as well as I do people are going to do that, because McMillan's a parking lot. So, that's a -- that's a concern. I don't know what the -- whether the Council is going to approve this or not, but if -- I would think -- I hope the developer could figure out a way to -- to -- to -- to slow that development or to make it make -- don't -- don't allow people to go into our development until you have widened McMillan and still it's -- it's not a parking lot. Thank you. Simison: Council, questions? Cavener: Mr. Caldwell? Quick question. I just want to -- I want to make sure that I'm hearing you right and maybe you can paint a picture for me, because I'm not -- I don't spend a lot of time in -- in your part of Meridian. So, I heard your testimony tonight. Biggest opposition is that you are concerned that the residents of this proposed development would use your neighborhood to kind of access your guys' shortcut. Meridian City Council December 17,2024 Page 30 of 59 Caldwell: Correct. Cavener: Okay. Is there any thought that if -- and maybe Linda can pull up the map. Doesn't this residential development take access off of Black Cat as well? Don't I remember seeing -- right there. So -- Caldwell: No. I mean my -- my concern is McMillan. Cavener: Sure. You are concerned that there -- that people are going to use your shortcut to get to Ten Mile. Caldwell: Correct. Cavener: And I guess what I'm -- I'm also trying to look at, well, there is -- there is Black Cat that's here. Wouldn't they just use -- use Black Cat or could the same argument be made that -- that your neighbors would use their shortcut to be able to get to Black Cat? Caldwell: Nobody's going to go into -- into their -- that neighborhood because -- because, like I said, turning -- you know, the -- the entry that they have got onto McMillan -- you are not even going to be able to make a left right now. I have -- the people in this new -- this new development they won't even be able to make a left onto McMillan, because there is such a backup, so -- and they will take a right on McMillan they will go down and they will wait forever just to make a right on Ten Mile. The problem is, you know, McMillan is a parking lot. No, we are not going to go through their neighborhood to go -- you know, we are going to go the way we normally go to get away from all the traffic that the city has created for now. Cavener: Thank you. Caldwell: Okay. Thank you, sir. Simison: Okay. That's everyone who signed up. Is there anybody else would like to provide testimony on this item? If so you can come forward or if you are online you can use the raise your hand feature. Seeing no one coming forward or raising their hand, would the applicant like to come forward to close? Oh, we do have someone. I take that back. Just raised their hand. Johnson: Steven, you are unmuted. Sawyer: Steven Sawyer. I live in Quartet, the neighborhood just south of the proposed neighborhood, at 4391 Double Spring. I really appreciate the -- what was said. I mean it was a very smooth presentation. I can see that Lennar -- I know for a fact Lennar really likes this area and they are doing their best to -- to work with the people here and I appreciate that. I really do. I just have some concerns. One of them is the Grand Lake Way collector roadway -- and I don't know if -- if Linda could help me pull up kind of the overview map where we get all -- all the neighborhoods or kind of a one mile Meridian City Council December 17,2024 Page 31 of 59 view. There is a blue Lake View or Grand Lake Way is a blue cut through and what's different is most of the neighborhoods in Meridian are -- Meridian's done such a good job of being on a grid system where it makes it easy and if you try to cut through a neighborhood you have -- you have -- you get lost. People just don't do it and it makes it so the neighborhoods are nice. That one will work. Grand Lake Way is kind of on that -- yeah. You see it. If you saw the whole picture would -- it would connect to Black Cat. It's -- there is no way that is not going to just turn into a raceway. I don't know any other neighborhoods in the Meridian area that have that where you can just absolutely cut basically straight through those block systems that we have got, those one mile grids. We already have a problem with traffic going through there and it's a dead end street and that's just our neighborhood of Quartet. So, I can't imagine what that's going to be like. So, that would be nice to see that addressed. I think the gentleman prior to that was talking about just off of the Viso Street that ties in and I -- I completely agree with him. I guess I'm really concerned with what Meridian's vision is for the future. I heard them -- I heard the Lennar rep talk about, you know, the density and those kind of things, but even their R-8 is very dense. We are talking about the Second Gen or -- I don't know what they are calling them. New Gen buildings. I love that idea. I think that's -- there is a real need for that, but when you look at those -- those drawings you -- all you see is garage facing the -- the road and you are -- you are really talking about two homes on one lot and these lots are not -- they are a lot smaller than a lot of the R-8 neighborhoods. So, these are just things I'm thinking of as I'm listening and a concerned citizen as well. As we end up chewing up the land in Meridian I would really like to see it used and really built for families and that -- that's kind of where I'm at. Thank you. Simison: Thank you. Council, any questions? Okay. Thank you very much, Steven. All right. Matt. Adams: All right. Those are good comments. We will leave it on this screen. I'm going to take a couple of them and, then, have our traffic expert -- transportation expert take a couple. McMillan -- great discussion with Mack. Staff asked us to dedicate additional right of way beyond what ACHD is asking for, so that a five lane section can be done in the future and we are doing that. We are happy to do so. So, we are providing that space to try to help solve that -- that problem that exists. To just -- for clarity, the roundabout, we indicated a 2027 start of construction. That is our aspirational date. 2028. It could be the realistic date and the reason I have two dates there is because it really depends on the Ustick-Black Cat construction. We can't start until that's done or we would have gridlock and, then, I do want to touch on the comments from Steven. Thank you for calling in -- or being online. The Next Gen home is not two homes. It's a living quarters. My mother-in-law lived with us this year before she passed. I really wish we would have had a set up like that. There is a need in our community to provide that type of a service and our home sites -- little hard to see with my yellow overlay, but these lots are the same size as the lots in Quartet to the south and, then, I would like Sonia to talk about Viso Street and Grand Lake collector. Meridian City Council December 17,2024 Page 32 of 59 Daleiden: Thank you. Yeah. I also appreciate the comments on Grand Lake Way and the other collector, local streets in this area. So Grand Lake Way in particular, that's on ACHD's master street map. That's one of their mid mile collectors that they have throughout the grid system in Ada county. Everywhere in Meridian you have those mid mile collectors and they serve a purpose. They serve an important purpose. They are designed -- they are not designed like a local street, they are designed as a collector. They don't have homes specifically fronting on them, but they are really designed so that traffic from the homes can go from those local streets, keep those local streets low volume and have a way to get out to the arterials so people can go where they need to go. The extension of Grand Lake Way to -- through the site up to McMillan that's a requirement, because ACHD has it on their master street map. Meridian also -- all of the land use agencies in Ada county also adopt the master street map. But ACHD also does have requirements for those collectors. They have maximum number of daily traffic that can be allowed. They have design considerations. They have traffic calming and traffic speed management requirements on those roadways, because we know they are adjacent to residential areas, so that they can function and integrate with -- within those areas. So, hopefully that helps. The other thing I will add related to McMillan being a parking lot and having a lot of congestion and so people looking for alternate routes to that, he is absolutely correct, one of the reasons that McMillan is so bad right now is that four way stop at Black Cat. A four way stop intersection is probably the least efficient and effective intersection you can have, particularly when we have the -- the volumes that Black Cat and McMillan have today. So, once we see a traffic signal there that will do -- go a long way to relieve congestion. Once a -- the ultimate dual lane roundabout is in there that will go even further and allow traffic to flow better on the arterials where it's supposed to be, so that people -- there won't an advantage to -- for people to cut through if they are not destined specifically to these neighborhoods. Adams: Thank you, Sonia. And I want to address the gentleman's comment about Viso Street. Right there. That's Viso; right? So, we got that comment in the neighborhood meeting and we took a look at it and we thought, well, let's move it into our final phase. Let's -- let's keep it so that it's not connected. People learn driving habits, then, it gets built with the last few homes, it's just that east strip and we will try to prevent some of that cut through. So, a couple things on that. We looked at that with staff and with -- we looked -- talked about fire access and there was a consensus among staff and our team that Viso is needed to be connected. You know, cut through traffic is one way to think of it. The other is connectivity and access and additional capacity, so that the folks that live in Bridgetower West also have access to Grand Lake. There was some discussion that early -- our early phases -- if fire was on board, possibly a temporary bollard set up. Yeah. I don't know -- we are open to doing anything we can to be sensitive to those neighbors, so that they don't feel some sort of impact from that road being connected early. Thank you. Simison: Council, any additional questions? Matt, you are going to come back up. Cavener: First -- and I -- I always appreciate the enthusiasm you bring to the projects. I don't feel like you are -- you are trying to fake it until you make it. Like you really just come with joy with projects you present and I just -- I appreciate that. Linda, can we pull Meridian City Council December 17,2024 Page 33 of 59 up the slide that shows the open space? Because there is a piece in there that caught my eye that I -- I kind of want to understand a little bit more about. Sure. That one will work. So, you have got this great kind of centralized open space and I appreciate that. I think it's -- it is kind of more closely located to more of the denser product. But, then, down below you have got this little patch of green space. Help me understand what's the purpose of that? Why is it there? Adams: Mr. Mayor, Councilman Cavener, great -- thank you for the question. Have you ever met a civil engineer? No, I'm just kidding. When we are looking at this we are doing groundwater monitoring. This is a pretty mundane answer. But we have high groundwater and we are like anticipating possible need for a drainage lot and we end up with this really -- what kind of looks a little strange -- if I can get my mouse there. This little green strip in there. If we -- our hope is to not need that as we get into CVs and we can make some very minor modifications to those lots, so we can get those to touch. don't like that spot. It's kind of a corner. It's a dead end open space. Cavener: Yeah. Adams: It's -- it's anticipating the possible need for a drainage lot. Cavener: Okay. So, Mr. Mayor, just maybe an additional comment. First I appreciate it when an applicant is going to anticipate all my questions and answer them before I ask them. So, my colleagues did a good job of asking a couple clarifying. So, just -- just some feedback. This project's really well laid out. My only question is -- there is just a gut reaction. When you look at this west -- excuse me -- east of kind of your cool pathway with a green space, that kind of looks like the haves. You have got this great open space, cool pathways, you got another little greenbelt little path separating some of your housing, but everything west of it is just packed tightly dense and -- and you have been doing this a lot longer than I am, you are a lot smarter than I am, help me understand why not sprinkle in a little bit of open space in that -- I don't know, northwest corner or southwest corner or maybe even just walk me through how far of a walk is it from kind of where that common drive is -- or maybe where the -- the -- I can't control the screens. But maybe that cul-de-sac on the lower left, how far of a walk it is from there to the open space? Adams: I'm going to get us to a bigger map. Cavener: Perfect. And, listen, I say this as a -- as a dad, right, who wants my kids to go run and play and want to be able to keep them with an eyesight. Maybe I don't always want to go let them play. Help me just -- kind of walk me through that. Adams: Great question. Mr. Mayor, Councilman Cavener. So, the question is like how did we come up with our design for the open space? So, just for like -- to get your reference, so from Black Cat to Grand Lake it's about 2,000 feet. Cavener: Okay. Meridian City Council December 17,2024 Page 34 of 59 Adams: Okay? So, you are about -- let's just call it a thousand feet from Black Cat to our north-south micropath or -- that mouse is not good. So, for the -- the green strip that runs up north-south; right? So, if I'm going to walk from the furthest home to the west over to the community center I have got about a thousand foot walk, maybe a quarter mile, which would generally be -- could be a three, four minute walk for a person. It's -- it is a good question. So, our main east-west roadway has those detached eight foot walks with the expanded planters and that is really meant to allow people to feel safe and like they can walk over there, get their kids, pull the trailer. With these amenities you might need a trailer to haul the kids over there and their stuff. I think -- I mean part of the reason for the location of that open space is, again, a little odd, but it is to make the hydraulics work to flow water from the irrigation ditch into the pond and, then, allow it to waste properly and as we move it further west we get further from the source and that pushes the pipe downward, so it was -- it -- we weren't thinking strategically, oh, let's load up the east half of this development with the nicest amenities, I think some of the -- some of that layout is dependent on the engineering realities of the project. We are confident that the enhanced buffer sidewalks and pedestrian connectivity makes everyone feel like they can access those amenities easily. Cavener: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: One concern that came up in the public comments was, you know, construction, dust control, mitigating kind of the impacts to neighbors. Would you mind just quickly talking about what you are going to do on that? Adams: That's a great question, Mr. Mayor and Council Member Strader. That is a real impact. I have lived in Meridian since 2005 and experienced lots of dust and the house wrap that blows into your yard is also concerning. The -- the method to combat that is really just good construction practices, best management practices. So, when we do our construction documents and they get approved there is lots of requirements and codes, such as dust control, that's in those documents. Now, that isn't always executed with a lot of success and I think that's what is the concern to people and there is no way to construct this project without any dust or any noise. So, that's unfortunately some of the reality of this. I will say what we -- what we will do is Lennar as a team emphasizes quality and emphasizes neighbor relations. So, I know in working with them and their other projects they have been very successful in managing that concern with the neighbors and they are available. You can get a hold of them if you do have a concern and that's also part of that management. Our phasing, even though it builds the core and the Grand Lake, the homes start further to the west and work their way east and south. So, our initial construction is further from the neighbors. So, they have to endure some of that -- some of that for less time when it's directly adjacent to their home. So, hope -- I hope that helps with your question. Meridian City Council December 17,2024 Page 35 of 59 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Really quickly. What about, you know, kind of -- like one thing it looks like Ms. Daleiden brought up was just, you know, trying -- trying to mitigate the concern of heavy vehicles and construction traffic during peak rush hour. How -- how does that align with your business practices? I'm just curious if -- if it's feasible to try to do that or if that's not realistic. I don't think it would be a requirement from the city, but I just kind of wanted to understand how you approach that. Adams: Mr. Mayor, Council Woman Strader, this is a really good question. We do -- I think we all experience that pickup truck with trailer on the road. You know, honestly, -- I don't have a good answer for that. I think that -- there is one thing -- okay. I maybe have an okay answer. This is not a builder team. This is Lennar doing the construction and building all of these homes. So, that is a unique aspect to this. In there -- and because of that the developer also has control and contract relationship with the trades. Okay? So, I don't know if -- I mean there are ways to have meetings and discuss those kind of things and try to set some parameters for the contractors. They are public roadways. People can drive on public roadways 24 hours a day. However, again, Lennar is so reachable because of their team, I think it would be the ability to correct a problem if a neighbor -- if -- if they are just going down Viso, going down Viso, people know who to call to get a correction made. I don't think that's a perfect answer to your question. I think you bring up a real issue that's faced in this valley, but I think, you know, Lennar -- we are going to do our best to take good care of the neighbors. Strader: Okay. Simison: So, Matt, question. Maybe I missed this. On this -- on this does the gray -- dark grey symbolize anything specific in the road? Adams: Yes, Mr. Mayor. Good question. You didn't miss it. I skipped over it. So, because we want to create that safe environment we have been talking about for pedestrians, we -- we want to create -- we are closing the gap. There is a huge gap here. Mack talked about kids walking down the edge of the road. That is terrifying. We are fixing that. Kids are going to be able to walk from here to the school. They are going to be able to walk from here down to Walmart, whatever it might be. To promote that safety for pedestrians within our development we have traffic calming and these specific dark intersections are enhanced concrete paving, bulb outs and it's -- it's traffic calming and pedestrian safety enhancements. Simison: And people maybe get -- have you thought about any roundabouts and -- especially the one in front of the community pool space? That's what I originally thought what it was until you blew this up and so that's why I was curious. Adams: Yeah. Good question. Meridian City Council December 17,2024 Page 36 of 59 Simison: I do like roundabouts in the right place, so don't get -- don't look so surprised. Adams: So, I'm a landscape architect and I said, hey, let's put a circle in there. But my engineers, thank goodness, said, well, it has to be a real roundabout. So, the scale of that is so out of scale for a neighborhood and a community it actually makes it harder to like cross as a pedestrian, because the distance you have to cover to get across that when you are in a local road type setting. So, we -- we briefly studied it and went away from it and went with the bulb outs and the enhanced pavement in lieu of a roundabout. Simison: So, just for perspective like -- so, I'm not -- Zaldia and Tuscany, you come in collector roadway, there is a roundabout that enters, are you saying that your space is smaller than that, bigger than that or that -- that development got it wrong when they put in a roundabout? I -- I'm just -- I'm just curious when you say it's -- it doesn't work, I think they work great, because we all slow down and people cross in that location. Just curious. Adams: Mr. Mayor, that is a valid question. I'm not familiar enough with that project to really comment on how it relates to this one. Simison: There is also normal street width on this one? Adams: Yes. These are all standard ACHD local roads and the collector -- correct roadway widths, right of way widths. Perhaps it comes down to design decision on the roundabout and we chose not to do it. Simison: Fair. Yeah, I think it does get to some of the comments that were made by one of the other people that discussed about, you know, creating that space, you know, we -- we -- we have to go through ours about ten miles an hour as a jump -- that's -- that's the design standard that it is and it gets hit all the time in the winter, because people try to go too fast, they slide right into it. So, you know, they are not without challenges, but they do function quite well, so -- I digress though. Thank you. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Mr. Mayor and Mr. Adams, just maybe the third time is going to be the charm for me and -- and I will finally make the connection. First, I -- I appreciate the fact that you brought a new product back after P&Z. That you listen to the comments that were made and you worked with staff. So, I like a lot of this and as -- at my advanced age I like the Next Gen concept, too, so I may be moving in. Connect the dots for me though. When you started your presentation you talked about the infrastructure basically being in place before homes are built, before cars are put on the road and I appreciate that, too. So, what will be on McMillan and what will be on Black Cat? Will -- will there be sidewalks? You will carry it out 17 feet of pavement and that will all be addressed Meridian City Council December 17,2024 Page 37 of 59 before homes are put in or are we waiting until phase two and the roundabout is in and, then, you can move forward with phase two and, then, those improvements on Black Cat and McMillan take place? Because I -- the only thing I'm struggling with this is -- is the chart that showed the 2030 timeline and the 2040 timeline. You can build a beautiful roundabout, but if you don't have the connection from Black Cat and McMillan to Chinden and, then, south and, then, McMillan is still in its current condition, I -- I'm struggling with that. Adams: Thank you. Mr. Mayor, Council Member Whitlock -- Linda, is it possible to put our phasing map up from your presentation? So, to answer your question what's -- so, phase one final plat would have to be recorded prior to any building permit issued for a home. Okay? So, what is phase one I think is part of this question. Phase one -- not completed by Lennar, but completed includes the traffic signal. It also includes all the required frontage improvements. There we go. It's everything in yellow is our first phase. So, this helps a lot. Thank you, Linda. So, the widening as you said to get a minimum of 17 feet from the center line to the edge of pavement and the ten foot multi- use pathway and the undergrounding of the Lemp Canal on McMillan would be completed in the first phase. The widening and the pedestrian sidewalk on Black Cat would be completed in the first phase. The turn lane on McMillan for Grand Lake, which is going to make a dramatic -- it's in the chart itself creates a bunch of additional capacity trips. The turn lane and Grand Lake are all in phase one. So, you can see there is a -- there is a lot of roadway and a lot of adjacent improvements in that first phase. This does show that connection on Viso as well, which we talked about a little bit. Not ideal possibly, but seems like it's a connectivity requirement and if -- if I got your answer great, if not just let me know and we can keep talking about it. Thank you. Whitlock: Thank you for that. And, again, you are doing your part, you are doing your 17 feet over to -- from center line over to your project and -- and so kids will have sidewalks along Black Cat, they will have sidewalks along McMillan, that's great. My only hang up again is the connectivity to Chinden to the north -- and that's not your problem, but that's a -- you know, we are talking 2030 and 2040 based on when ACHD thinks that they will get to those projects. So, we may have an island in the middle of still some -- some ongoing traffic issues that are outside your control, but it's still concerning to me. Adams: And, Mr. Mayor and Councilman Whitlock, I do want to note level of service capacity is really driven -- what I have learned by the intersections. So, a traffic lane in free flow can handle a tremendous number of cars. What -- what it means when you get to level service D, E, F, it means it's not free flowing any longer, it's forced flow. So, stop and go. You experience some delays. It does not mean it's stopped; right? The best way to get those lanes flowing is to take out the four way stop and get ourselves to a roundabout, then, no one stops and so, then, you create the flow that allows the two lane road, the existing, which is not perfect, needs future investment, but it allows it to function at a much higher level. It's an intermediate improvement to what you are specifically saying. It's not a total solution, so -- thank you. Meridian City Council December 17,2024 Page 38 of 59 Simison: Okay. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council have any additional questions for staff? Mr. Mayor, I move we close the public hearing. Overton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALL AYES. Cavener: Mr. Mayor, maybe for some deliberation. Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. So, Council, anytime I look at the land use application first thing I go to is the staff report to see what the roadway impacts are and the impacts on the schools and roads are over capacity, roads are in poor condition, it's a pretty high hill for me to climb to be able to get to move to support and that's certainly the same way that I -- I approach this particular application and commend staff, Linda, great way -- way to present the application. I appreciate you acknowledging the work the applicant's done to really address a lot of the concerns that came from P&Z. That was one of them. For the applicant, when there is an application that I typically don't like, a tell of mine is I ask them what -- how is the community going to benefit from this application and I got to admit I was getting ready to ask you that question tonight. But you did a great job of laying out and particularly the -- the transportation improvements along McMillan, but I did the math, you factor five -- or five days of commuting, 50 weeks a year planning for some vacations, between now and when this is all built out, that's 3,750 commutes. A lot of waiting. However, I'm -- I'm offsetting that from the elevating of the roundabout and I do think that this project, getting that to your point the -- the intersection improved, even with a signal, is going to alleviate a lot of the congestion. The good news about the schools that wasn't on my radar, again, the fact that Star Elementary is going to be built, that addresses my other problem. So, I -- I -- again, I said it earlier, I appreciate your enthusiasm. I commend you for anticipating the questions and bringing real solutions -- not a puff piece, but real solutions and so I'm -- I'm going to be proud to be supportive of this project tonight, because I do think our community is going to benefit from it. Strader: Mr. Mayor? Meridian City Council December 17,2024 Page 39 of 59 Simison: Council Woman Strader. Strader: Based on reading the discussion at Planning and Zoning, I thought this would be dead on arrival, to be honest with you, and did not -- wasn't a fan of the -- of the previous proposal at the same location, but, as I said in my opening remarks, I -- it's very refreshing -- it's -- it's very rare and I really commend you for taking community concerns seriously and coming up with solutions to those problems. McMillan is a mess and I am convinced now having reviewed the presentation that the improvements at Black Cat and McMillan will go a long way toward fixing those issues and this is a huge choke point right now with a four way stop. It's a complete mess. And I really do think that by building the roundabout it will -- it will significantly help to alleviate the issues. So, I guess my -- my comments just generally would be -- this is kind of the bar for me right now to get something improved along McMillan. It really needs to include this level of partnership and that's just for all those in the audience or those who might listen online, I think that's really what it takes. But I'm convinced that you met the challenge and you took it seriously and I just really compliment you for doing so. I appreciate the extent to which your phasing plan helps to meet the needs, especially to Councilman Whitlock's concerns and I share the same concerns about pedestrian connectivity along Black Cat and McMillan, that those will be completed in the first phase and, again, with the significant financial contribution to the roundabout I think that goes a long way towards solving the issues and taking the school issue seriously and understanding the timing of that was extremely helpful. So, it doesn't completely solve all the problems, but, then, again, I don't think it's fair for one developer to completely solve all the problems either. It's a balance but your partnership in -- in this application has been fantastic and I will be in support. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Kind of want to continue on with Council Woman Strader's comments. I have been kind of critical of -- of proposals along Black Cat just because it's a challenging sort of infrastructure with the roadways and oftentimes we -- we get presented the challenges and we get to figure out how we are going to solve them and it's really hard, we are -- we have essentially said, well, we -- we can't solve it. It's out of our hands. So, in some cases it's led us to deny some projects. So, I -- I will echo what was said. We commend you for bringing solutions, because without that these are problems that probably end up in us saying, no, not yet, we are not ready. So, it's not lost on me your contributions there. So, yeah, I -- I was -- when I was initially looking at it I wasn't sure that I was going to be in -- in support of it tonight, but I do think that this sends a message that if we want to develop this part of Meridian it's going to require some some help -- some voluntary help from applicants. ACHD's -- you know, their -- their -- their plans are so far out it's not even realistic. So, we are kind of looking for a little bit of a help to -- to fix these problems and I think you have -- you are addressing some of that. Like Council Woman Strader said, it's not all of them, but it seems enough that it -- it gets me to the point where I -- I feel comfortable saying I could -- I could move ahead. Meridian City Council December 17,2024 Page 40 of 59 1 -- I am still kind of -- scratch my head over the north-south on Black Cat, like Councilman Whitlock said, that's -- that's a big problem, but I have been stuck in that four way for a long time, so it is a problem and I'm glad to see we are at least kind of moving ahead. So, I will be supporting it tonight. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, I echo the sentiments of my fellow Councilmen that it's rare that somebody anticipates what we are going to ask and brings it forth. So, it's been very refreshing to have that done and so I think that what -- all you are doing with the traffic and things that are really going to make a difference are very appreciated. I would also like to thank Mack for his comments. I think that the safety that moving the canal provides was really pointed out and makes a very significant difference in that area as well. So, I will be supporting this. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Without trying to repeat everything that's been said, I guess I really appreciate when you get an R-15 and you can go to 2,000 square foot lots and you bump them all the way to 3,400. You are not trying to squeeze everything in that you can. I like the 5.62 dwelling units per acre. I always like -- the lower the number the happier I get. What will really impress me with this whole process you guys have gone through it's not just the monumental changes you have made since your first hearing, it's that you guys have -- I was trying to figure out how to say this and what I think you have done when it comes to transportation at Black Cat and McMillan is you stepped up and become a partner in the overall solution to the roadway problems we face and not all developments do that and I can't tell you how much I appreciate seeing you step up and take that role as a partner in a solution for a problem we have got right now. I appreciate it very much. But I also need to point out one thing, the Next Gen house, got stuck reading that over and over again and I'm so impressed that you are putting in something -- we built our house 22 years ago and my wife's parents live in that exact style of suite with all those amenities, that has its own little entrance and exit and garage and workshop and you can't tell from the outside that it's not one home and it's -- like I said, they have been there 22 years and now I know what it's called, so I appreciate it very much. I will be in support of this project. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Again, I have -- I have said quite a bit on this. I was a no coming into tonight based on the first application, but given all that I have heard from the applicant and the changes that they have made, Tony, talking about your neighborhood meetings and Meridian City Council December 17,2024 Page 41 of 59 going out and visiting and taking that input and, then, coming back with a new product I think is -- is significant and a -- and a product that, like our Council President Cavener said, does make our community better. So, we -- we appreciate that. The only other concern -- and I did -- I should have maybe articulated this and given you a chance to address it, but just food for thought as you move forward. Beautiful pictures on -- on the open space. Renderings were wonderful. I did note that the playground is right adjacent to the water feature and you had fencing, it may have been adequate fencing, but something you might want to consider as you move forward is -- is just ensuring that those kids at the playground don't have easy access into that irrigation pond. Just food for thought. But, otherwise, I have -- I'm on board and -- and will be supporting this tonight. Simison: And I can just add my comments to it. Transportation has been the number one issue identified by our community for 15, 17 years that I'm aware of and, you know, I have often talked about responsible growth and advancing transportation projects as part of really what we look to from our development community, because that is -- that is the best way that we can get the needed improvements that are -- like I say, they were needed five years ago, you know, and they are not being planned for another ten years, it's through our development community, our development partners, so we are solving our transportation issues. We are creating the necessary connections that allow us to be the -- the safe community that we want. So, I applaud you, because, you know, there is not a lot of projects where -- where -- as was mentioned I mean we -- we have seen what has been done with STARS agreement. You know, Costco wouldn't have been done without those transportation improvements. You know, without Chinden and Ten Mile being -- that would not exist. That was people looking at foresight and I think that that's what I would applaud you for is understanding but for the transportation improvements I don't think that you would be having this conversation up here today and that's a big part of what we need to see from our development community in order to have -- have the ability to continue to develop in ways and provide housing that is needed in our community and -- and, yes, we all hope it is affordable when it's all said and done. I don't know if a Next Gen -- Next Gen is cheaper or more expensive, I guess we will see what the product -- when it comes to the market, but definitely want to just add my appreciation towards bringing forward needed transportation improvements to solve issues that our residents are currently experiencing and, yes, you are going to add more, but at the same time the traffic pattern in this area is going to dramatically shift when Highway 16 is open. I don't think we know what it means just yet, but I think it's going to be better than it is today when it's all said and done and these improvements, which aren't planned, are going to help make that connection to the area more efficient, even though the road may not be widened, you are going to get people up to where they can get access on to Ustick easier, so where that will be widened and they can access 16 and other things. So, appreciate everyone's comment and -- comments this evening and with that I will let someone make a motion. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council December 17,2024 Page 42 of 59 Cavener: If there isn't anyone else that's got anything else to say, I move that we approve Item No. 2, application H-2024-0016, as reflected in the staff report of December 17th and include all staff, applicant and public testimony. Oh. Mr. Mayor -- and certainly it reflects the -- the conditions that are -- are noted before us, the additional conditions within the DA. Whitlock: Second. Simison: Have a motion and a second. Is there discussion on the motion? If not, clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. Simison: Council, do you need ten minutes? Team good for five, ten minutes? Okay. We will try to get going at 8:35. (Recess: 8:24 p.m. to 8:34 p.m.) 3. Public Hearing for Summerlin West (H-2024-0023) by Laren Bailey, Conger Group, located on the east side of S. Locust Grove Road, between E. Lake Hazel and E. Columbia Roads in the SW 1/4 of Section 5, Township 2N, Range 1 E A. Request: Annexation of 63.965 acres of land From the RUT zone in Ada County to the R-8 (medium density), 17.27 acres and R-15 (medium high-density) 46.69 acres. B. Request: Preliminary Plat consisting of 339 building lots and 28 common lots on 63.17 acres of land zoned R-8 and R-15 zoning districts. Simison: All right. We will go ahead and get started one minute early, so we can get out of here that much quicker. So, with that we will move on to Item 3, public hearing for Summerlin West, H-2024-0023. We will open this public hearing with staff comments. Ritter: Good evening again. I'm going to do the abbreviated version, because I know everybody has read all the staff reports and the comments, so I, too, would like to go home. So, again, it's for annexation and zoning. They are looking at -- what is it -- 63.17 acres of land, 367 lot subdivision, consisting 337 residential lots and 28 common lots. So, this is the zoning request is for 51 lots for R-8 and 286 lots are R-15. This is a preliminary plat. This is their phasing plan, so they are looking at doing it in -- it looks Meridian City Council December 17,2024 Page 43 of 59 like six phases. They meet the open space requirements. They actually go above what is required for amenities. Thank you, Hethe. These are the amenities that they are proposing. Pool. Pickleball courts. Dog park. Dog waste facility. Playgrounds. Climbing rock. Seating benches. Landscaping. Two large lawn areas. Pedestrian pathway. And if I am correct they need to add one more amenity and it's for transit, which may be a bicycle station. Bicycle repair station. These are the elevation concepts for the houses that they will be proposing. This is the area where the block length is beyond what is allowed and they are asking for a Council waiver for the additional block length. So, they -- this area falls within the Kuna School District. The Kuna School District did submit a letter saying that they cannot serve the proposed development, because the proposed plat and zones -- the schools are beyond district capacity. The development will impact Silver Trail Elementary, Fremont Middle School, Kuna High School and Swan Falls school zones, which are already at or over capacity with the current enrollment. Unlike West Ada District, the Kuna School District does not have a lot of plan -- have a lot of option when it comes to busing students to different schools or withdrawing -- or redrawing the school boundaries. The Planning Commission did approve this development and they deleted two of the conditions that staff had in our staff report. They deleted condition number two and 3-D. So, the hearing was continued at one point, so that the applicant and the property owner to the north could talk about Cavalli Lane and at the previous hearing that was all resolved, so that is not an issue anymore. So, staff did recommend approval of this application and at this point I will be happy to answer any questions that you may have. Simison: Thank you, Linda. Council, any questions for staff? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was just curious if there is a representative from the Kuna School District here. There is. Thank you. Simison: Any other questions for staff? All right. Then would the applicant like to come forward? Clark: Hethe Clark. 251 East Front Street in Boise representing the applicant and I will also go fast as soon as I have the presentation up here, because I do think that ultimately there is really kind of just two issues for us to talk about on this one. We do have a staff recommendation for approval and, then, a P&Z recommendation for approval and so I think we are just kind of trying to fine tune a couple of things here, so -- maybe. I can -- I will start talking a little bit while they tap dance. So, this project, as you saw on the maps when staff presented, it -- it's very near Discovery Park. The new fire station. This is an area that is developing and it's developing in a way that makes a lot of orderly sense. You have infrastructure that is going in. As you all know just north of there the -- the Lake Hazel widening all the way to Meridian is done and something else that this project is going to help bring is the collector -- the north-south collector on Meridian City Council December 17,2024 Page 44 of 59 the east side coming down from Discovery Park and so I will -- I will kind of walk through some of that as we go. But as you can see this is our vicinity map. We are very close to the park. We do have the Rawson Canal on our south side and that Rawson does drive a number of design considerations and a few things that I will talk about tonight. This is a picture from a little bit further north, but that gives you an idea of -- of what the Rawson looks like. Comprehensive planning shows the majority of the site is medium density residential. That lower quarter is lower density residential, that's the area down against the Rawson. So, consistent with the Comprehensive Plan we are proposing R- 15 in the MDR areas and R-8 in the LDR areas and I want to talk about the densities. So, the required density in the medium density residential areas is three to eight units per acre. So, up there we have about six, so right in the -- kind of in the middle and, then, on the low density residential the comp plan requires less than three. We are at 2.95. The staff report does confirm that we are within the required densities. We think we have a very nicely designed project. We have got significant open space. It's centrally located. I know that's something that Council Member Cavener likes to see. We are -- we have worked to be harmonious with the Rawson Canal on the south, with an open pathway, that's the regional pathway that runs all along the Rawson down there and, then, we have a ton of those amenities as I mentioned that are centrally located. We are in excess of the open space requirement. City code requires 15 percent or nine and a half acres. We are at 24 percent or 15.4 acres. So, we have got six extra acres. It's a very well connected project. So, this is -- in addition to the internal paths and sidewalks we have got one mile of regional pathways, which, as I mentioned, is along the Rawson. We are proposing to leave that open. So, what that will do is create about 75 feet of open space for the irrigation easement and, then, 20 feet of pathway with the ten foot regional pathway within that. That means that there is a very significant buffer against the county neighbors on the south of several hundred feet between our project and their actual homes. As is typical of this developer, the project's way above code requirements for amenities. Linda said we exceeded it. I was very excited about that. We tease each other about that one. We triple the amenity points. The multimodal amenity -- we have been of the -- under the understanding of the code that our regional pathway qualifies as a multimodal amenity. If it doesn't, you know, a bike repair stand, those sorts of things that could be added that would take us above triple and that's something that can be sorted at final plat. With regard to elevations, the homes we are proposing are a mix of single family detached. We have got our single story elevations, our two-story elevations and, then, these are the elevations for the R-8 area on the south. That will include some two-story in addition to what you see here. I -- I know that we have talked in the past and other applications to kind of understand what the mix looks like. So, we have a good mix of these housing types throughout the project. It will be single story only against the collectors on the east and west and on our internal entry and, then, we have a mix of the 32 foot lots internal to the project and that ranges all the way up to 60 to 70 foot lots in the R-8 area on the south. So, going to the P&Z recommendation -- I told you I would go fast. We had a staff recommendation of approval. P&Z recommended approval. The only condition we are talking about tonight is Condition 3-C and that was a suggestion of replacing the R-8 zoned area on the south with R-4 or R-2. P&Z kept that requirement in their recommendation, but I think a little bit of discussion about how this fits within the code would help explain why we think Meridian City Council December 17,2024 Page 45 of 59 that this is consistent and why it makes sense. So, as an additional -- an initial matter it's important to remember that the Comprehensive Plan, of course, doesn't specify zoning, it just specifies densities and we are within the density that's allowed in the comp plan, but while the density -- while we -- we meet that and while the proposed zoning is R-8, the dimensional standards that we are using are more similar to an R-4. will explain what I mean by that. So, in the R-4 the minimum lot width is a 60 foot; right? Our typical lot -- all of our lots along this south area of the project are that same R-4 width of six -- approximately 60 feet. We have a few outliers, you know, but it -- 60 feet is the -- is a good minimum. That, again, is the same as the average for the R-4 zone. Now, on the back of these lots we have the Rawson Canal and we have the regional pathway. So, that means that the lots are not quite as deep as an R-4 lot would be, but those lots are still over a hundred feet deep and we have several of our lots along that area that are actually above the R-4 minimum, but because they are a little bit shrunk -- a little bit narrower -- or not as deep I should say, they don't hit the R-4 overall standard. But as you are walking down the street or if you are looking at those lots from the south from those county lots that are behind us, the width is going to look exactly like an R-4. So, again, what we are trying to do here is to accommodate the regional pathway on the backside and that depth, but -- and still provide something that's equivalent to an R-4 and that's -- that's the reason that we have asked -- but because of that depth issue we have asked for the R-8, so we don't have to ask for any waiver of standards. So, again, it will look like an R-4, but we didn't want to ask for a waiver, so we went with -- with the R-8. Okay. I do want to note, too, that it's still -- regardless this transitions very well. So, again, we have the Rawson between those lots and the county lots on the south and, then, we prepared this, so you can kind of see what those buffers look like. So, we have well in excess of 300 feet from these properties and, then, the irrigation easement, so -- and then -- that's 76 feet that's shown here and, then, 20 feet of easement. So, you are talking about, you know, 400 feet'ish from those homes to the southern portion of our -- of our development. So, again, rather than, you know, look for a waiver of standards or a variance or anything along those lines, we have proposed R-8 to accommodate the depth issue, but we have R-4 widths and so we think that we have tried to compromise there in a way that -- that makes sense. Okay. So, the last thing that covers the Kuna School District letter and, you know, we -- we do pay very close attention to what's going on with the school districts. School -- you know, good school services are vital to having a viable development project. This letter for us is tough, because of, essentially, the approach that it takes. The letter doesn't give us actual numbers. It says the -- the school district can't serve the students because the proposed plats in this zone are beyond district capacity. So, not -- not actuals. But the biggest problem that we have with this is that it's still that same pay-to-play scenario that we had -- that a few of you will remember when we talked about the Hadler Subdivision a couple of years ago. Though as we understand it, the policy is not -- is that Kuna School District automatically sends this letter. They don't do an analysis. They just say this is a no until you come to us with a, quote, unquote, voluntary contribution and then -- and, then, we might send a new -- an updated letter. In other words, it's -- if -- if you -- if you make the payment, you know, we can serve your kids. It's pay to play. Of course that is -- as we talked about in -- in a prior hearing that, you know, that's -- that's illegal. Idaho Code states that any fee that's established for mitigating financial impacts has to Meridian City Council December 17,2024 Page 46 of 59 comply with Title 67, Chapter 82. That's the Impact Fee Act. There is no school impact fee. So, that the tool that the legislature has given us to fund these necessary capital improvements is bonding and we are fully confident that, you know, when voters understand the facts and the need that they will approve the bonds, but we are concerned that this strategy undercuts that message, because when the public hears the -- the -- we are going to go get these capital improvements out of these per lot fees, we think that only makes it more difficult to pass a bond. So, you know -- and from our view it's not following state law and we think it's making it more difficult to address the need. It's also very difficult -- you are not going to build a school 1,500 dollars at a time. You need the infusion that comes with -- with a -- with a successful bond being passed and we have offered to help try to get a bond passed if the school district would try a different, you know, approach to this. We have had very pleasant conversations with the -- with the Kuna School District representatives, including the gentleman that's here tonight. But, unfortunately, we are still in the place we were a few years ago with Hadler when the city received a very similar letter and, you know, the City Council said, no, you know, don't -- pay to play is not what we do in Meridian. So, we -- we think that this has been asked and answered. But let me show you a few things that we found that kind of give this a little bit more context in terms of the -- of the numbers. So, for example, this is the current enrollment in Kuna School District as of October 2024. This is per numbers that were provided by the Idaho State Board of Education. What's interesting is that there is a spike in high school right now with the kind of a through that seems to be following and so when the -- the eighth graders are seniors they will be something in the range of -- it looks like 450 students that have gone out of the system. As you know from prior hearings we have done there is kind of a similar dynamic that seems to be occurring in West Ada as well. And, then, I would -- we also found that the enrollment figures are also tracking well lower than what was in the TischlerBice study that is mentioned in the letter. So, this is their drawing. The -- the red is the -- based on a five percent increase in student enrollment. Two is the low end with -- or, excuse me, blue is the low end with a two percent increase. We added the actual, which is the black and it's coming in significantly lower. Another couple notes that I would make. In terms of our student generation, you know, Kuna uses the .513 student generation number. West Ada uses something more in the range of .4. We study our projects, we have an older demographic, we have a smaller lot, we tend to generate something in the range of .124. That's not an official number, but that's to -- to help you understand based on what we typically see from these projects that that student generation does tend to come in quite a bit lower and, then, that's also kind of setting aside the fact that there are some other options. Students can enroll -- open enroll into West Ada. The West Ada schools are actually closer. We also have an existing K through 12 public charter school, which is Gem Prep, that's less than a mile away and has capacity and, then, another school, Valor, that's set to open in 2026 and is five miles away. So, I have gone longer than I intended, but I just -- in summary I think we have got a great project here. It's a very highly amenitized. We -- again, we triple the amenity points. We think we are consistent with the code and the comp plan and we would ask for approval with that modification to delete Condition 3-C, which requires replacement of the R-8 area with R- 4 or R-2. Ta da. Meridian City Council December 17,2024 Page 47 of 59 Simison: Thank you, Hethe. Council, questions for the applicant? Okay. Thank you very much. Clark: Thank you. Simison: Do we have anyone signed up on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody present that would like to provide testimony on this item, either in person or online? If you would like to come forward or use the raise your hand feature. Seeing no one coming forward, does the applicant want to waive for now any final comments? And we will -- they will waive for now, depending on Council's desire for additional conversation. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would love to hear from the Kuna School District at the appropriate time. Simison: Now would be appropriate time. Strader: Perfect. Jensen: Good evening. Tim Jensen. 711 East Porter Road in Kuna. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Hi, Mr. Jensen. Thanks for being here. I have reviewed some of the Planning and Zoning back and forth. This is not a new issue for us, but it's something that we are grappling with. I recall from previous conversations with you that it seemed like the -- the resources available in the Kuna School District were not the same as -- as the West Ada School District, but I thought the applicant provided some really interesting information in terms of, you know, kind of seeing that enrollment at least in the K through, you know, up until -- obviously high school is a bigger issue for you guys, but I was just wondering, do you have a reaction to that data? Is the data correct? Is it -- just give me a flavor for how you are looking at this. Jensen: Yeah. Strader: And, then, I would also like to understand what is kind of the -- the Kuna School District's path going forward. Are you all intending to stick with this same approach? Are you looking at alternatives? Help me understand. Meridian City Council December 17,2024 Page 48 of 59 Jensen: Yeah. I can. Absolutely. As you all know schools -- you know, enrollment's not static. You know, you can get numbers -- we -- one of our assistant superintendents tracks our numbers monthly and go through -- through that and I actually happen to be the principal at Fremont Middle School, which is one of the -- the schools on there and -- and so, you know, I can attest to being in that capacity and actually I -- I have been the principal there for the seven years that that school has been in operation and this is the first year that I have actually had to turn down as many open enrollment applications -- I had to turn down 80 -- if I recall right it was 87 open enrollment applications and in the past up to this year I would approve 90 to a hundred of them and so this year we had that many more, you know, students within our district -- in our boundaries that attended my -- my building. So, I can attest to, you know, that. But -- but you are absolutely right, it ebbs and flows. We will get a -- you know, a sixth grade group, a cohort that comes in and, you know, they might be 20 or 30 kids lower than the other ones, but, then, our eighth grade group is a lot higher. So, the graph isn't -- you know, it's accurate in the sense of classes, you know, flowing -- flowing through, but we are at capacity. Silver Trail Elementary is over capacity right now and their enrollment has actually increased greatly since the beginning of the year, just due to -- because of their location they get hit by a lot of the new developments that go into our district, so -- and, you know, I kind of -- we -- you know, we kind of say Kuna is a 6-A district, referring to sports, we are a 6-A district and a 3-A body and so that's -- it just makes it difficult, you know, for -- for a lot of the things and so that kind of leads me to your -- the second part of your question of, you know, what is our plan going forward and -- and I think it's a bigger conversation than just Kuna School District, it's school districts in Idaho period. And that we have to rely on bonds to build facilities and -- and that's really what we are in a position to need to pass bonds and, you know, we -- this got brought up when we talked about it at Planning and Zoning, we are one of two states in the nation that requires a two-thirds vote to pass a bond for, you know, schools and so it makes it really hard for, you know, these districts to -- that need these facilities and -- and need that extra funding for these capital projects to pass a bond to go through and -- and so for our future plan, yes, we -- we absolutely would like to go through and be able to pass another bond and -- and to finish Swan Falls. You know, when they -- when they passed that bond for Swan Falls that it was -- you know, they had built the first third of that school. It doesn't have any athletic facilities, any -- you know, it's just a base CTE structure with some classrooms. It doesn't have the full build out on it and so Swan Falls and Kuna High School kids -- you know, if you are at Swan Falls you play athletics at Kuna High School, so it's just, you know, the dynamics of our thing. So, ultimately we would love to be able to pass bonds and that would lessen some of that pressure, you know, on our community members and, you know, the -- to have to go out and have to keep trying to pass these levies that are just kind of band aids to get us through, so -- but as far as our future with our approach, we did -- and I talked to a few of the Planning and Zoning Commissioners afterwards and -- and Mr. Reddy and I that were both here talked to them and we really did take their comments seriously, you know, and -- and one of the things -- I just started into this position in September and I know -- there is some of you that have been here for a while. We are expecting to see Robbie show up or somebody, you know, some have been here long enough, you know, and maybe Dave Reinhart was here doing this. So, because of not passing our levy in the spring Meridian City Council December 17,2024 Page 49 of 59 we actually had to eliminate the position that Danielle -- who was working for us was fulfilling and so, then, that fell onto myself and one of our other assistant superintendents Jason Reddy. So, we listened to the -- to the Commission and we and we went up and talked to them said we hear what you are saying and we know and just wanted to assure him that it didn't fall in deaf ears and after that meeting we actually -- I felt like Jason and I had a really good conversation with the developer and kind of explained some of this to them where we were coming from and acknowledged that, you know, yes, they -- you know, he talked about at one point in time they were, you know, trying to help us pass a bond, that it was tied with BCA and -- and I don't know all the details and I don't want to speak to it, I just know that it -- yes, it was there and I don't know the details and I apologize that I don't, because I'm kind of the newbie in here. Oh, the details of that of what had failed in that situation, but -- but, ultimately, I felt like we -- you know, when we walked away from that conversation, you know, we better understood where the developer was coming from, where Planning and Zoning was coming from, you know, and when they talked about the approach and so it's just -- it's one of those things that -- that Mr. Reddy and I have taken back and say, okay, we have -- you know like, okay, let's evaluate, what is our -- what is our approach going forward and all I can say is we are just in that evaluation process, because he is helping to run district and I'm hoping to run the school, so -- but it -- you know, it was something that we definitely heard and took serious when -- when we were listening to the commissioners. Cavener: Mr. Mayor? Simison: Mayor Councilman Cavener. Cavener: Tim, thanks for sticking with us tonight and thanks for being a middle school principal. That's a really really hard job. I have got some family friends who go to your school and they think highly of you and I appreciate you sticking back here and coming up and talking to us tonight. Talk to me about how school choice is impacting the -- the Kuna School District. So, certainly you have had students who have been choosing to come to some of your schools. I assume there are residents who live in Kuna that could go to a school and they are choosing to go somewhere else. How is that impacting your guys' operation? Jensen: Yeah. We -- we didn't know, because we have got, you know, a couple charter schools within close distance to us and what we found out is it kind of just balanced out, you know, and I will speak specifically for my school, you know, we -- we had -- we lost a total -- I want to say it was like 17 or 18 kids that went to -- you know, went to a couple of charter schools around us, Gem Prep and Falcon Ridge, but, like I said, I had an influx also of open enrollment applications come in, you know, most of which I had to turn down and so it's -- you know, it really -- you know, it didn't hit us like we thought maybe it could where we have a lot of people leaving and going and part of that is people move to Kuna to be part of Kuna, you know, whether it's with the schools or the community or the activities going on, you know, so we didn't see the -- the big, you Meridian City Council December 17,2024 Page 50 of 59 know, exodus out, you know, of our schools that could have happened and so -- it's a good question. Cavener: Mr. Mayor, follow up? Simison: Councilman Cavener. Cavener: Have -- have the trustees ever explored or had a conversation about just becoming a part of West Ada and, if so, what's -- what's prevented that from happening? Jensen: You know, it's -- I -- I know that that has been a conversation, but that's all I know of the conversation. That I -- I don't know and -- and I can speak from prior to coming to Kuna I was a superintendent up in Council and if you have been here for a while, you know, a little mountain town of Council and I asked the same thing up there, because Cambridge, Council, New Meadows, all have their own superintendents, all have, you know, these different things and I was like why has there been no consolidation, you know, one superintendent could run through these districts and all that stuff and there was so much pride in there, everybody was afraid to lose I guess a piece of their identity or the ownership of, you know, if you are in a collaboration. I'm not saying that's what happened in this, but I just -- sometimes you run into things that are just out of -- you know, out of say your regular control and so I just give that example as my own experience. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Quick question, Tim, and appreciate you being here and you might just be more ofa -- Jensen: Yeah. Taylor: -- messenger here, but in the letter it states that enable -- in order to serve the development the school district board of trustees is requesting developers assisted with certain kinds of donations of various forms. A couple paragraphs later it says to reduce our reliance on bonds and promote reasonable growth we generally seek partnerships with developers. So, when I read that I think even if there is some kind of contribution from the developers it's still -- the solution is the bonds -- passing the bonds. So, the letter makes it sound like we should approve it if the developers agree to some kind of financial contribution, but there is no other data points or sort of -- there is no other information for us to make a decision on. Again, maybe, you know, I know you didn't write the letter, but you are the one standing here. I don't know if you can speak to -- to that and it kind of tells off what Council Woman Strader said about your longer term vision is clearly passing the bonds, but if you could speak to that for a minute. Meridian City Council December 17,2024 Page 51 of 59 Jensen: Yeah. And that was actually one of the things from the Planning and Zoning meeting, because they had referred to -- and I actually saw in the first meeting West Ada's letter that they had submitted and -- and what, you know, that looks like with the data and stuff like that and so we -- you know -- and, again, not an excuse, you know, me starting in this in September, you know, it -- but I -- I always -- I'm a lifetime learner myself and so what I learned from that meeting with Planning and Zoning was what West Ada is providing for, you know, Planning and Zoning for you guys to see are those data points, instead of like, hey, this impacts these three schools. Well, how does that impact them and here is the numbers on it and here is the -- and so going forward, yes, I know -- we -- that's one of the things we are reevaluating is what that looks like of what we bring to you guys, you know, because we -- we come in front of you guys, we go in front of Canyon county, Ada county, Kuna, you know, we are all over, because of our district and so what's, you know, what is good here is going to be good for any of the -- the commissioners or, you know, boards that we go in front of, so -- Taylor: Mr. Mayor, quick follow up. Simison: Councilman Taylor. Taylor: In the spirit of -- I guess good feedback for you, I think maybe what you even observed in the previous application when an entity helps us solve a problem by not just saying this is a problem, but saying here is how we can work through it, that's really helpful for us, because we -- you know, we can't just be presented a problem and, then, leave it up to our own imagination to figure it out. So, in terms of sort of helpful feedback, I do think any kind of data -- help us solve the problem. I really think it's in the school district's best interest, too, to stop asking for any kind of contributions publicly. I think that's just -- I think it's not well received by anybody. I think that's a good message. But help us find a solution. It doesn't have to -- you know, we understand there -- there is limitations that you have, but it's just really helpful for us as we kind of try to think through what's the best decision for those sort of long term here. Jensen: And I appreciate that. I actually put that in my notes on my phone when I was listening to you guys, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I am curious about, you know, kind of your just reaction generally to, you know, now there is open enrollment and it is very possible with West Ada schools that may be closer or more convenient that folks may enroll at West Ada or more likely, because a lot of those schools are over capacity as well. You know, there are also the charter schools coming as well. Does that -- in terms of what you have seen play out does that give you any comfort that you will likely not receive kind of the full student load from this development or what are you kind of seeing as you look at the data? Meridian City Council December 17,2024 Page 52 of 59 Jensen: I think it's an -- you know, you made a great point with, you know, because of its location it's -- you know -- you know, close to Gem Prep and charter schools and, you know, they can -- you know, it might be closer and because of our boundaries, the way our boundaries are, butting up to Meridian, sometimes those developments are -- it's closer for, you know, someone maybe to take their kid to Lake Hazel Middle School, instead of Fremont Middle School. But we -- we do see just kind of a balance, because also what we are seeing with that is, you know, those buildings also have capacity, you know, and they can only -- you know, take so much even in charter schools are built to have a certain capacity, you know, at their grade levels and so -- but not only do those schools -- you know, not only are they going to get those applications from the Kuna, you know, School District students and, you know, a development like this, but they are going to get applications from, you know, Boise, Meridian, Nampa, you know, there is a -- you know, they are going to get them from all over and so as far as how it impacts us we are not -- we are not seeing -- you know, because they go in we are not seeing this happen. I would think -- you know. And -- and the graphic that he shows that goes back to that TischlerBice study that was done, yeah, our growth isn't going at the same pace and -- and that -- you know, we are not going to sit here and try and -- and tell you it is, but it's still growing, but it's just -- it's one of those things where we have to be conscious of it and try to plan for it and -- and offset it, you know, however we can through bonds, levies, you know, whatever it is that we have to rely on. But we don't see -- we don't see -- you know, this -- we will get kids from a development like this, but we will also lose kids to West Ada or to the charter schools as well and so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Does the Kuna School District like -- so, just -- the West Ada School District does actually -- we saw -- the last time we saw it was like two years ago, but they do create a projection model -- Jensen: Uh-huh. Strader: -- do you all try to project your expected -- I mean you obviously do for your impact fees, et cetera, but do you -- I'm sorry, no, you don't, but you -- well, what -- where did the chart come from, the -- the -- what was it, the Tischler -- Jensen: Tischler-Bice. Strader: Yeah. So, help me understand how you project your student population and -- like a theory I have kind of going is that when we see a new development we see a big influx of kids; right? Because you have families moving in, but a lot of families stay in place even as their kids kind of leave the nest. So, where we are seeing like these lower numbers on your kind of kindergarten, first grade, do you project that out and do you expect a decrease overall or what do you -- what are you projecting? Meridian City Council December 17,2024 Page 53 of 59 Jensen: No. We do -- we -- you know, there is a formula and -- and I wish Jason was here, he could probably speak to it more fluently than I can, but there is a formula and -- and part of what we look at is also, you know, developments that -- that come across your desk and developments, you know, that are approved that come across, you know, in Meridian, Kuna, Nampa, Canyon county, Ada county and you take that formula and, you know, that -- it's not exact that we can say, okay, we are -- get out of the development we are going to get an additional 70 kids that are going to be in our system, 110 kids in our system, whatever, and it kind of gives us somewhat of a projection to take a look at. But as you well know that's just a projection, because we could say there is going to be 110 kids and there is 150 or we could say there is 110 and there is 70 and so it kind of gives us a planning basis to take a look at, but the -- the way funding is done in Idaho, you know, it's almost backwards, you know, and -- and for the right reasons. You can't build structures or anything until the kids are in the seats and so, you know, you have to almost wait until you get overloaded before you can, you know, try and react to build schools or stuff like that and, then, you hit the other hurdle with trying to pass a bond. So, our projection -- I mean, you know, if you have driven out by Kuna at any time lately I mean there is development, you know, that's been approved out there all over the place and so we are on a projection -- an upward projection as far as, you know, the number of students we are going to have. apologize I don't have those numbers with me, you know, but I do know that in our conversations that, yes, we are still on a trend upwards of increasing enrollment and -- and I would agree with you with -- there are a lot of the new developments. We have seen it actually in Kuna as well, that go in and -- and there is a lot of retired citizens that have moved in say from out of state that buy -- you know, buy a home and they don't have kids that feed into our system and so it's -- you know. And for a while we were seeing kind of the mix of both worlds. We were having a lot of retired citizens move in, a lot of young families who, you know, kids, you know, might not even be school age yet, but eventually we are going to get those kids, you know, coming through our system. So, we try to -- you know, it's a formula. You try to take your best educated guess at what you are going to get, but until you see the -- the whites of their eyeballs you really don't know the impact of your -- your developments and so -- Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just a real quick question, Mr. Jensen. Jensen: Yeah. Overton: If this gets approved tonight and these houses are built and you have capacity at your school, even though you have a formal letter saying you don't approve of this development, will those students have a school in Kuna to go to if you have capacity? Jensen: Yeah. We -- and we have to -- you know, by law we have to serve those students. They are in our boundaries and we have to serve them, you know, and -- and Meridian City Council December 17,2024 Page 54 of 59 you -- you figure out what that is and -- and -- and please know this isn't, you know, a sob story, but it -- it can mean an increase in classroom sizes, it can mean, you know, possibly having to look, you know, the one before -- you know, one of the applications talked about portables, you know, by law you have to serve those kids in your -- that are in your boundaries and so you do what you have to do and sometimes, like I said, usually one of your biggest sacrifices is just your classroom sizes and so -- Overton: Thank you. Jensen: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just some food for thought for you to probably take back to the trustees. I'm only on the Council for one more year, but I anticipate we may see something that touches your district. I won't support these -- and maybe not for the reason that you or the trustees think, it's -- it's a big part about remaining consistent; right? Our community now touches two school districts. West Ada doesn't have the mechanism. We have got schools within West Ada that are much higher over capacity than some of your schools. I can't in good conscience say, yes, let's -- let's require the developer to give Kuna School District money, without having a mechanism to solve the same problem that exists in West Ada. So, I don't fault you for asking, but just want you to know -- at least for the next year if any of these requests come I will at least -- I'm going to be a no on those moving forward. Fair enough? Jensen: No, I -- and I appreciate the feedback. I truly do. Simison: Council, any additional questions? Okay. Thank you very much. Jensen: Thank you guys for your time. I appreciate it. Strader: Thank you. Simison: Would the applicant like to make any final comments? Clark: Members of the Council, Hethe Clark. 251 East Front Street in Boise. I don't know that I have anything specific in response to that. You know, we -- we -- we really enjoyed our conversations, you know, with the principal, he is obviously a great guy doing the best they can. It's just not a good policy and hopefully we can get past that. The only other item that I would mention that I did not mention before was on this buffer question and something that I -- I probably should have brought up. You know, it will -- this will be quick. So, the Mayor has mentioned like are we planning for what is in the county or are we planning for what will be in the city and I failed to talk about what will be if those properties to the south of us are actually developed. If those properties are Meridian City Council December 17,2024 Page 55 of 59 developed it's going to be a fairly expensive accumulation of those parcels and big houses, big parcels, they are going to require some density for themselves to be able to -- to pencil out, so we would anticipate that those are probably going to at least be R-8 down there as well. So, we think in that question of what it will be in the city versus what is in the county, we think we have kind of addressed that both ways, both with the R-4 width on those lots, the distance and the buffer that you can see there and, then, understanding that if those redeveloped they are going to come in at -- at a density that's significantly different than what you see now and I'm done. Simison: No, you are not. Clark: Okay. I'm ready. Strader: Mr. Mayor? I just wanted to make sure all of the sewer line concerns have been resolved. The sewer line is not an area that I ever plan to be an expert in, but just what's going on with the sewer line and is it adequate? Clark: If you would like me or which -- Strader: If you could talk about what you have done to establish that and, then, I would -- I would love to hear from staff if it's -- Clark: Yeah. And that -- Council Member Strader, that was part of our conversations with our neighbor, trying to help them understand what -- how this is all going to work. So, the northwest portion of our project sewers toward Locust Grove. We are going to be bringing that down and so our neighbor would have the opportunity to connect to that, but that's not where he is supposed to sewer, so that would be a conversation with Public Works. But if Public Works agrees with it we are totally fine and it's not our -- not our -- not our fight. The rest of our sewer goes out toward Discovery Park. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Would it be okay to hear from staff really quick if we -- Simison: We can -- we can definitely try. Do you want Kyle to try to answer? I mean he is a water guy. I mean -- I don't know if water guys can really speak to sewer. They are -- they are -- they are kind of like, you know, not really that important -- yeah, Kyle, go ahead. Simison: He -- he is on. He has got his hand raised. Chris, I don't know if -- okay. All right. Kyle, if you are there impress us with your sewer knowledge. Johnson: Kyle, we are ready for you. Meridian City Council December 17,2024 Page 56 of 59 Radek: Okay. I had to -- I had to find the unmute button. So, I guess you can hear me now since I saw somebody smiling there. I don't know a lot about this, but I did check with Clint Dolsby on this before -- before he left the office today and we are okay with that plan for them to bring the sewer down Locust Grove and there are no capacity issues that he -- that he made me aware of, so -- so, as far as the -- the concept of serving the development there are -- there has been no problems identified with the wastewater folks at Public Works. Strader: Thank you. Simison: Thanks, Kyle. Council, anything more for the applicant at this time? Okay. Clark: Thank you. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I make a motion that we close the public hearing on File No. H-2024-0023. Cavener: Second. Overton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALLAYES. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just make some comments here to get us moving along. I think it's a good application. I think this part of -- of Meridian -- I like the way it seems like it's developing with the parks and the open space and -- and a lot of -- a lot of nice amenities. A lot of these applications are -- are bringing forward. So, I -- I like it. I -- I think it's going to add a lot of value. I do think that the solution for Kuna School District is eventually enough pressure for the residents to realize that they need to pass a bond to address their needs. There is not much more that can be done outside of that and I -- it's -- as Mr. Jensen stated at -- when the demand is there enough the pressure will build where people will realize that that's the right thing to do and the appropriate thing to do. So, think -- the other thing I will make a note, I -- I think I agree with the request to delete Condition 3-C to leave it as R-8, instead of changing it to R-4 or R-2. I think that -- that seemed reasonable to me. So, I'm going to be supporting the -- the application tonight. Meridian City Council December 17,2024 Page 57 of 59 Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I agree with Councilman Taylor's comments. Also agree with the waiving of the Condition 3-C. Obviously, the applicant's done a great job. You know, sometimes we see R-15, we think we are going to have high densities and, then, the R-15 comes in at 6.12 and we see the R-8 come in at 2.95, all within numbers much lower than what they do because of lot size issues that sometimes crop up in these developments. So, I'm going to fully support this application and I agree with the deletion of Condition 3-C. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I have a lot of -- my heart goes out to the Kuna School District for the challenges that you all are facing and in the past it's been a real struggle for me to try to determine, you know, kind of how -- how to address this, because I don't like putting another agency in a spot where they just are saying they can't adequately serve the kids. Kuna School District is not as well-resourced as the West Ada School District. However, you know, some of my thinking is evolving around the fact that, you know, now we have such fantastic open enrollment options and the charter schools are starting to come to this part of Meridian. We just got an update recently on a -- on a different development last week about Gem Prep and a -- and a couple of other things coming, so, you know, that makes me feel like there are options that it is workable. It's not ideal, but, you know, there -- there are a lot of educational options coming to this part of Meridian and I do think just as a piece of feedback I -- I think that the -- I don't think that it's totally unreasonable to try to come up with some type of a mitigation fee. mean we -- we have seen that in other cities where they have tried to take that approach, but not necessarily with schools. I think in this case it -- it -- it kind of undercuts the Kuna School District, because it -- it makes the feedback from the district seem more arbitrary where you are sort of getting one letter if folks do not, you know, meet the school district with their -- I guess it's kind of loosely a request, but for -- for mitigation fees. Then on the other hand, you know, if they -- they take the other approach maybe the letter looks different. And that does bother me and I think that kind of arbitrary nature sort of undermines even my ability to support the Kuna School District, because if the Kuna School District was just coming to me saying we just can't support these students, it's a much cleaner decision for me. It's like a very simple thing. We don't have adequate public facilities. But what I'm hearing instead is the Kuna District can sort of support applications that provide mitigation fees, but that even your own district acknowledges -- and I think just the math shows that those fees will never be adequate to actually improve the situation and build -- build new schools because of how expensive they are. So, that's -- that's a challenge for me is, you know, I -- I just can't kind of -- can't fully support the Kuna School District without a more consistent approach and I think that this kind of -- two different letters coming out is really Meridian City Council December 17,2024 Page 58 of 59 problematic for me and with the other educational options in the area I think -- I think there is a way to meet the needs of students. So, I will be in support of the application tonight. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Unless anyone else has any comments I would like to make a motion. After considering all staff, applicant and public testimony, I move to approve File No. H-2024- 0023 as presented in the staff report for the hearing date December 17th, 2024, and remove Condition 3-C to allow the zoning to remain at R-8. Overton: Second. Simison: I have a motion and a second to approve Item H-2024-0023. Is there a discussion? If not, clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: The last meeting in 2024. 1 want to wish all of you a Merry Christmas, Happy Holidays, joyous 2025. This year has been a true honor for me working with all of you and I'm proud to call you all friends and colleagues. Hope you get a little bit of downtime. A little pay back with family time and we will see all of you back here together in 2025. With that, Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it, we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9.25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council December 17,2024 Page 59 of 59 MAYOR ROBERT SIMISON 1-7-2025 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i 1 CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: December 17, 2024 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic C� E IDIAN Planning and Zoning Department Presentation and Outline Changes to Agenda: \[if applicable\] Item #1: Timbercreek Recycling (H-2024-0032) Application(s):  Size of property, existing zoning, and location: This site consists of \[#\] acres of land, zoned \[district\], located at \[address/general location\]. History: \[details\] Comprehensive Plan FLUM Designation: \[details\] Summary of Request: \[details\] Commission Recommendation: \[approval/denial\] Summary of Commission Public Hearing: i. In favor: ii. In opposition: iii. Commenting: iv. Written testimony: v. Key Issue(s): Key Issue(s) of Discussion by Commission: i. Commission Change(s) to Staff Recommendation: i. Outstanding Issue(s) for City Council: i. Written Testimony since Commission Hearing: \[name(s)\] - \[issue(s)\] Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number \[#\], as presented in the staff report for the hearing date of \[date\]: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number \[#\], as presented during the hearing on \[date\], for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number \[#\] to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #2: Baratza Subdivision PP, AZ, RZ (H-2024-0016) Application(s):  Annexation and Preliminary Plat Size of property, existing zoning, and location: This site consists of 80.3 acres of land, currently zoned RUT in Ada County located at the corner of Black Cat Road & McMillan Road. History: AZ, PP (H-2021-0074) Comprehensive Plan FLUM Designation: Medium Density Residential Summary of Request: The applicant is requesting to annex the property into the city with 26.98 acres of land zoned R-8 and 53.32 acres of land zoned R-15 for their proposed preliminary plat consists of 377 lots (348 buildable lots and 1 common lot; 20 common open space lots and 1 right-of-way lot). All structures at both 4023 and 4375 will be removed and existing wells and septic systems will be abandoned as required. Per UDC 11-2A-7, R-15 is considered Medium High Density. Per the Meridian Comprehensive Plan, this designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. Staff is recommending Staff recommends that the applicant provide a mix of dwelling type such as single family attached or townhomes within Block 5 (lots 2-15), Block 12 (lots 1-12), and Block 13 (lots 1-12) of the proposed development as allowed by the Comprehensive Plan within the R-15 zoning district. The subdivision is proposed to develop in five (5) phases as shown on the phasing plan. The first phase will include all perimeter, arterial roadway frontages with multi-use pathways, the N Grand Lake Way collector, four (4) public street connections, and the primary common area amenity lot. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Seven (7) common driveways are proposed with this subdivision. The applicant has provided common drive exhibits which demonstrate no more than three (3) units are served whereas a maximum of 4 units are allowed. The common driveway meets the minimum width of twenty (20) feet and does not exceed the maximum length of one hundred and fifty (150) feet. Solid fencing adjacent to common driveways is prohibited, unless separated by a minimum five (5) foot wide landscaped buffer. The development is required to comply with the subdivision design & improvement standards in the UDC. There are six (6) block faces that exceed the maximum block face standard, the applicant is requesting a waiver from Council. Landscaping: A 25’ wide street buffer is required along Black Cat & McMillan roads and a 20’ wide buffer is required along internal collector streets, landscaped in accord with UDC standards. Staff recommends 10’ wide detached sidewalks are provided along all collector & arterial streets within and abutting the site for public safety. The Pathways Master Plan depicts a 10’ pathway along the internal collector streets and along the north side of the Calkins Lateral. The landscape plan reflects a buffer from N. Black Cat Road edge of pavement ranging in width from between seventy (70) feet from the south to ninety-seven (97) feet in width at the north. The Creason Lateral and the Lemp Lateral as well as a maintenance road are both located within this buffer. Along W. McMillian Road to the north, there is a buffer shown with a width of one hundred and one (101) feet from the edge of pavement. The Creason Lateral is also located in this buffer; there are landscape strips of at least twenty-five (25) feet in width between this lateral and the exterior property fences. Both arterial buffers meet the minimum requirement for at least one tree per thirty-five (35) feet in width; the areas containing laterals are shown to be sod. Buffers of at least thirty (30) feet in width are provided along N. Grand Lakes Way (twenty (20) feet is required). Eight (8) foot wide landscaped parkways are provided along most of the internal local streets. All required buffers must comply with UDC 11-3B-7C. The applicant is proposing no mow grass within the landscape buffer along McMillan and Black Cat road. Staff is requiring the applicant to change this to regular sod as from past experience, once the area has been transferred to the homeowner’s association this area will be mowed as the perception will be it looks and feels unmaintained. Staffing is requiring the applicant to revise the landscape plan to incorporate the following:  Work with the Irrigation District to enter an agreement to provide some type of landscaping other than gravel in the common open space area on the southern part of the property. The applicant will need to revise the landscape plan accordingly with the understanding that trees will not be allowed in the area but grass and shrubs may be allowed to be add if negotiated within an agreement with the Irrigation District.  Remove the no mow grass and add regular turf along Black Cat Road and McMillan Road.  Add grass in the barrow ditch area along Black Cat Road. Tree Preservation: Per UDC 11-3B-10, the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. The applicant is states there are four (4) trees for removal and will replaced with thirty-one (31) trees equaling the same caliper as those removed. Qualified Open Space and Amenities: Based on the standards in UDC Table 11-3G-3, a minimum of 15% (or 12.05-acres) of qualified open space is required to be provided within the development. An open space exhibit was submitted as shown in Section VII.F, that depicts 23.76% (or 19.08-acres) of open space that meets the required quality and qualified open space standards. Based on the standards in UDC 11-3G-4A, a minimum of sixteen (16) amenity points are required to be provided. The amenities proposed are a barn style, open air gathering space with restrooms; open grassy play areas; natural play areas; picnic areas; open space commons shelter; playground; sports field; pedestrian and bicycle circulation; large pond water feature; and meandering pathways are planned within the centralized amenity area. All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per UDC 11-3G-5B.3. The applicant needs work with the irrigation district and enter into a license agreement to provide some type of landscaping other than gravel in the open space area on the southern part of the property. The applicant will need to revise the landscape plan accordingly with the understanding that trees will not be allowed in the area but grass and shrubs may be allowed to be negotiated within the agreement if maintained by the homeowner’s association. Pathways: A 10-foot wide detached pathway is reflected along W. McMillian Rd. which is consistent with the alignment shown on the Pathways Master Plan. There is also a 10-foot wide detached pathway along one side of N. Grand Lakes Way (the internal collector) which connects to the W. McMillian Road pathway. Several micro-pathways are reflected providing pedestrian connectivity to internal portions of the development. Sidewalks: Five-foot detached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17 (except for a 10 ft. wide pathway along one side of N. Grand Lakes Way). There is also a 5 ft. wide detached sidewalk provided along N. Black Cat Road This 5-foot width is consistent with the width of the sidewalk along N. Black Cat Road provided by Quartet Northeast No. 2 to the south as well as the Daphne Square Subdivision to the north. Waterways: All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3. Per the applicant’s narrative, the Lemp Canal adjacent to W. McMillan Road will be piped and an easement (what size easement) granted. All work on the Lemp Canal has been coordinated with the Settlers Irrigation District (how big is the easement). Required irrigation district easements will be granted within a common lot. Irrigation district easements exist for the Lemp Canal and the Creason Lateral adjacent to N. Black Cat Road. These easements exist within a common lot. Maintenance roads are indicated along both laterals. Coordination will be ongoing with the irrigation districts managing the waterways to meet their requirements. Roadway Network: W. McMillian Road along the property frontage is two (2) lanes with no curb, gutter or sidewalk. N. Black Cat Road is 2 lanes with a five (5) foot detached pathway on the western side (Oak Creek Subdivision). This development proposes five points of access. The primary access will be a collector street off W. McMillian Road (N. Grand Lakes Way) towards the northeast side of the property through the property and connecting into Quartet Northeast No. 2 at the southeast corner of the property. The other three accesses would be local streets - one is a western access to N. Black Cat Road which aligns to W. Quintale Street, an eastern access which connects to W. Viso Street from the Volterra Heights Subdivision, and an additional southern access which connects to N. Bartok Avenue, also in the Quartet Northeast No. 2. Per the ACHD staff report, due to high water table in this area, permeable pavers may be necessary internal to the site to accommodate high ground water. Permeable pavers are allowed, provided they are designed in accordance with ACHD policy and best management practices. Based on the proposed development, ACHD is requiring the applicant to do the following improvements to N. Black Cat Road and W. McMillan Road:  Dedicate fifty (50) feet of right-of-way (ROW) from the centerline of N. Black Cat Road abutting the site  Improve McMillan Road with seventeen (17) feet of pavement and a three (3) foot gravel shoulder, a twelve (12) foot wide gravel irrigation access road, as proposed and a ten (10) foot wide multi-use pathway abutting the site and tie into the existing improvements east of the site.  Construct a dedicated westbound left-turn lane on McMillan Road when Grand Lake Way is constructed to intersect with McMillan Road. Dedicate ROW as necessary to accommodate the left turn lane.  Improve Black Cat Road with seventeen (17) feet of pavement from centerline, a three (3) foot wide gravel shoulder and a five (5) foot wide concrete sideway, as proposed, located a minimum of forty-seven (47) feet from centerline abutting the site and tie into the existing improvements south of the site.  Other than specifically approved with this application, direct lot access is prohibited to McMillan Road, Black Cat Road and Grand Lake Way and should be noted on the final plat. The Master Street Map identified a new multi-lane roundabout at the intersection of N. Black Cat Road and W. McMillan Road that is offset to the north. The construction of this roundabout has been delayed until 2029. Jamestown Ranch Subdivision: Baratza, formerly known as Jamestown Ranch, requested to annex into the City and subdivide eighty (80) acres of land with R-8 zoning into 294 building lots and 25 common lots. The proposed development was denied by the City Council on April 19, 2022. Council stated the reason for denial was that the proposed annexation is not in the best interest of the City and would be detrimental to the community for the following reasons:  The proposed development would generate additional traffic on W. McMillan Road and N. Black Cat Road.  W. McMillan Road, from N. Black Cat Road to N. Ten Mile, will not be widened to three (3) lanes until 2031 at the earliest.  N. Black Cat Road, from W. Ustick Road to W. McMillian Road, will not be widened to five (5) lanes until 2031 at the earliest. ACHD Staff Report: Per the ACHD staff report, McMillan Road west of Ten Mile Road is anticipated to exceed ACHD’s acceptable Level of Service Planning Thresholds in the PM peak hour as a 3-lane roadway under 2025 total conditions but meets ACHD’s acceptable Level of Service Planning Thresholds in the shoulder hour under 2025 total conditions. Shoulder hour is defined by ACHD as one hour before and one hour after the peak hours during which traffic is rising toward or decreasing from peak, and congested conditions are infrequently occurring. McMillan Road, west of Ten Mile is facing a significant challenge in handling the traffic demand. The Master Street Map limits the road to three lanes, but the projected level of service (LOS) for the area is expected to degrade to an "F" due to the proposed and entitled developments. A LOS of "F" indicates heavy congestion, with traffic moving very slowly or stopping frequently. While mitigation measures are in place, they may not be sufficient to significantly improve traffic flow, as the road cannot be widened to accommodate the additional volume. A traffic impact study (TIS) was prepared by CR Engineering, Inc. in 2021. A new TIS was not required as the increase in the number lots for Baratza Subdivision was considered minimal. Staff is requiring the plat be revised to ensure adequate right-of-way (100 feet in total) for the future expansion of W. McMillan Road is preserved per the direction of the City Council. Direct lot access to N. Black Cat and McMillan Roads is prohibited. Building Elevations: Five (5) conceptual building elevations were submitted for the proposed subdivision as shown in Section VII.J. The applicant states the housing products throughout the development are single-family detached units featuring a variety of regionally appropriate designs. Per the applicant, the project site’s unique history of agriculture is captured within the site design and building design. The homes are planned as one- and two-story, single-family detached homes. The homes will be designed in a traditional modern farm and ranch theme and will be constructed using a variety of high-quality materials. Buildings shall be designed with elevations that create interest through the use of broken planes, windows, and fenestrations that produce a rhythm of materials and patterns. Design review is not required for single-family detached structures. However, because the rear and/or sides of homes facing N. Black Cat Road, W. McMillan Road, N. Grand Lake Way, W. Quintale Street, N. Bartok Avenue, and W. Viso Street will be highly visible, Staff recommends a DA provision requiring those elevations incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from adjacent public streets. Single-story homes are exempt from this requirement. Design review is required for single-family attached and townhomes. Design review will have to meet the requirements outlined in the City’s Architectural Standards Manual. Gathering Barn: A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed gathering barn and pool area prior to submittal of a building permit application. The design of the site and structures shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual. Parking: Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. On-street parking is also available on the proposed streets. The proposal will be required to meet the standards for parking as set forth in UDC. School Enrollment/Capacity: The School District states the elementary and high school are over capacity. Pleasant View Elementary School has no room to put another portable or space to create another classroom within the existing building, the children in the area will need to be bused to another school that does not have the capacity. Commission Recommendation: Denial Summary of Commission Public Hearing: vi. In favor: vii. In opposition: Katey Roundy, Lisa Brittain, Shawn Freeman, Carma Wallace, Carrie Hovey, Cherri Starr, Danelle and Eric Williams, Nolan Halterman, Ritchie and Meagan Abromeit, Stephanie Mathis, Brittany and Dave Williams, Matt Calvert, Patti Phipps, Craig Block. viii. Commenting: ix. Written testimony: Katey Roundy, Lisa Brittain, Shawn Freeman, Carma Wallace, Carrie Hovey, Cherri Starr, Danelle and Eric Williams, Nolan Halterman, Ritchie and Meagan Abromeit, Stephanie Mathis, Brittany and Dave Williams, Matt Calvert, Patti Phipps, Craig Block. x. Key Issue(s): All opposing the proposed development for the following reasons: insufficient roads, over crowed schools, in conflict with the goals of the comprehensive plan, request for higher density zoning Key Issue(s) of Discussion by Commission: ii. Roadway capacity, traffic, school capacity and density Commission Change(s) to Staff Recommendation: ii. Changed to denial of the application Outstanding Issue(s) for City Council: i. Written Testimony since Commission Hearing: Jeff Petry – Intersection of Black Cat and McMillian Roads. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0016, as presented in the staff report for the hearing date of December 17, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2024-0016, as presented during the hearing on December 17, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0016 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #3: Summerlin West (H-2024-0023) Application(s):  Annexation with Zoning Size of property, existing zoning, and location: This site consists of 63.17 acres of land, currently zoned Rural Urban Transition (RUT) in Ada County, Located in the NW ¼ of the SW ¼ of Section 5, Township 2N, Range 1E, parcels: R5147110200, R5147110324, R5147110342 and S1405315235. History: Laredo Estates Subdivision Lots 2 and 3 Comprehensive Plan FLUM Designation: Medium Density Residential and Low Density Residential Summary of Request: An annexation with zoning from RUT (Rural Urban Transition) to R-8 (medium density) and R-15 (medium-high density) and a preliminary plat application to allow for the development of a 367-lot subdivision consisting of 337 residential building lots and 28 common lots on 63.17-acres. Issues/Waivers: • Kuna School District states they cannot serve the proposed development because the proposed plats in this zone are beyond district capacity. This proposed development will impact Silver Trail Elementary, Fremont Middle School, Kuna High School and Swan Falls High School zones which are already at or over capacity with the current enrollment. • Waiver for Block Face Length per UDC 11-6C-3F for E. Crimson Clover Drive exceeding the maximum requirement of 1,200 feet. • Waiver to keep the Rawson Canal open per UDC 11-3A-6. The proposed density for the 17.274 acres of land for the R-8 zoning district equates to 2.95 du/ac and 6.12 du/ac for the 46.691 acres proposed for R-15 zoning. The applicant states the proposed project has an overall gross density of 5.37 du/ac, meeting the required density range listed above. Staff finds the proposed preliminary plat and requested R-8 and R-15 zoning districts to be generally consistent with the Future Land Use Map designation for medium and low density residential. The R-15 zoning designation, which allows for reduced lot sizes down to 2,000 square feet, provides flexibility for developers to support a diversity and variety of housing types. This can create a dynamic, multi-generational community where residents can transition through different stages of life (known as aging in place) while remaining in the same neighborhood. This type of zoning in conjunction with other designations should be used to support a diverse housing mix that supports long-term residency and continuity within the community, promoting stability and a sense of place for residents throughout different stages of life. Although the R-8 zoning meets the requirements of three (3) or less dwelling units per acre, it does not meet the intent of the low density residential FLUM designation as outlined in the Comprehensive Plan. Low Density Residential allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces, parks, trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. Staff's recommendation is to shift from an R-8 zoning designation to an R-2 or R-4 zoning with larger lot sizes (8,000–12,000 square feet) which aligns with the goal of creating a smoother transition between rural and urban properties. The emphasis on larger estate lots in the transition area serves several important purposes: • Preserving Rural Character: By opting for larger lots, the development can offer a buffer that respects the rural and agricultural heritage of the area, maintaining a sense of openness. • Recognizing Scenic View Sheds and Open Space: Larger lots allow for more open space, which can help preserve key views and create a less dense, more spacious environment. This approach is particularly valuable if the area has scenic or historic value that residents and the community wish to preserve. • Ensuring Compatibility: Transitioning with larger lots prevents a stark contrast between high-density urban properties and lower- density rural areas, helping to avoid potential issues with traffic, noise, and visual impacts for existing rural properties. • Enhancing Quality of Life: Maintaining open spaces and respecting the area's agricultural roots can contribute to a more cohesive community atmosphere, balancing growth with the preservation of the area's heritage. The recommendation supports a balanced growth approach that would be more sensitive to the area's unique character and appeal. Access: Access to the property is proposed from Summerlin Drive via S. Locust Grove. Secondary access is proposed to be provided via a new north/south collector roadway (Barchetta Avenue) abutting the site’s east property line. For Ada County Highway District not to limit the development to 1,000 trips per day or the final platting of 100 building lots until secondary access is provided, the applicant is proposing to construct an emergency access onto Locust Grove Road approximately 430 feet south of Summerlin Drive and in alignment with Ambervale Street. There is an approved stub street as part of the Hadler Subdivision located north of the site. There is an existing private road, Cavali Lane, separating this site and Hadler Subdivision that will be required to be closed at the intersection with Locust Grove when the parcels to the east being served by this roadway develop. To allow for the stub street that was approved as part of Hadler Subdivision to be extended in the future and allow for site circulation, the applicant was required to provide a stub street to the site’s north property boundary line and in alignment with the stub street approved with Hadler Subdivision. Per ACHD, other than access specifically approved with this application, direct access to Locust Grove is prohibited. Elevations: Three (3) conceptual building elevations were submitted for the proposed subdivision as shown in Exhibit VII.K. The applicant states the homes in the Summerlin West Subdivision will include 337 homes with a mix of different product types, two-story and single-story detached single-family homes. Buildings shall be designed with elevations that create interest through the use of broken planes, windows, and fenestrations that produce a rhythm of materials and patterns. Design review is not required for single-family detached structures. However, because the rear and/or sides of homes facing S. Locust Grove Road, S. Barchetta Avenue and the collector portion of Summerlin Drive will be highly visible, Staff recommends a DA provision requiring those elevations incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from adjacent public streets. Single-story homes are exempt from this requirement. Kuna School District: The school district states they cannot serve the proposed development because the proposed plats in this zone are beyond district capacity. This proposed development will impact Silver Trail Elementary, Fremont Middle School, Kuna High School and Swan Falls High School zones which are already at or over capacity with the current enrollment. Unlike West Ada School District, the Kuna School District does not have a lot of options when it comes to busing students to different schools or redrawing the school boundaries. Commission Recommendation: Approval Summary of Commission Public Hearing: xi. In favor: Hethe Clark representing the applicant xii. In opposition: None xiii. Commenting: Anna Canning, Tony Mayer, Jeanie Mayer, David Crawford, Jason Reddy representing Kuna School District xiv. Written testimony: Anna Canning, Tony and Jeanie Mayer, Robert Bruno xv. Key Issue(s): Key Issue(s) of Discussion by Commission: iii. Cavalli Lane, Kuna School District student capacity, were the neighborhood meeting requirements met. Commission Change(s) to Staff Recommendation: iii. Deleted conditions 2 and 3d Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0023, as presented in the staff report for the hearing date of December 17, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2024-0023, as presented during the hearing on December 17, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0023 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) h2 City Council Meeting December 17, 2024 •Hadler Subdivision No. 1 final plat has been approved.•Summerlin West is in process & has not yet received preliminary plat approval. ZoningAerialFLUM Black Cat RoadMcMillan Road 2024 Traffic Counts2021 Traffic Counts will not be widened to five (5) lanes until 2031 at the earliest. Road to W. McMillian Road, UstickN. Black Cat Road, from W. not be widened to three (3) lanes until 2031 at the earliest.W. McMillan Road, from N. Black Cat Road to N. Ten Mile, will on W. McMillan Road and N. Black Cat Road.The proposed development would generate additional traffic detrimental to the community for the following reasons:annexation is not in the best interest of the City and would be Council stated the reason for denial was that the proposed 19, 2022. proposed development was denied by the City Council on April 8 zoning into 294 building lots and 25 common lots. The -Rannex into the City and subdivide eighty (80) acres of land with , formerly known as Jamestown Ranch, requested to Baratza TraditionalFarmhouseFarmhouseNext Generation FarmhouseFarmhouse Owyhee High School1,904Star Middle School996Number of Students EnrolledPleasant View Elementary735Owyhee High School1,800Star Middle School1,000Capacity of SchoolsPleasant View Elementary625School DistrictWest Ada to another school that does not have the capacityexisting building, the children in the area will need to be bused portable or space to create another classroom within the Pleasant View Elementary School has no room to put another over capacity. The School District states the elementary and high school are Aerial MapFuture Land Use MapZoning Map R46.691 Acres (286 lots)•15-R17.274 Acres (51 lots)•8- Kuna School District W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from November 12, 2024 for Timbercreek Recycling (H-2024-0032) by Engineering Solutions, LLP., generally located at the NW corner of S. Locust Grove Rd. and E. Columbia Rd. Application Materials: https://bit.ly/H-2024-0032 A. Request: Modified Development Agreement to the existing development agreement (H-2018- 0042), Inst. #2019-053058) to further clarify the current and future permitted uses and timelines, create guidelines to allow for efficient and continued use of the property, and ensure the operation is meeting all State and Federal guidelines. PUBLIC HEARING SIGN IN SHEET DATE: December 17,. 2024 ITEM # ON AGENDA: I PROJECT NAME: Timbercreek Recycling (H-2024-0032) ' Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name A-" V/ ryK y -7 Wk3 4 717,C) 5 4g- 7 8 9 10 11 12 13 14 COMMUNITY DEVELOPMENT C��fEPIDIAN*,­, DEPARTMENT REPORT HEARING December 17,2024 - @ DATE: Continued from:August 20 and September 17 and November 12, 2024 TO: Mayor& City Council � 1 FROM: Sonya Allen,Associate Planner 208-884-5533 - `-----1-- 1 I I_ sallen@meridiancity.org APPLICANT: Engineering Solutions,LLP e ` SUBJECT: H-2024-0032 legend Timber Creek Recycling—MDA Project location ':' Area of Impact LOCATION: Northwest corner of S. Locust Grove Rd. `- city limits and E. Columbia Rd.,in the SE 1/4 of 0 Analysis Section 6, T.2N.,R.IE. I. PROJECT OVERVIEW A. Summary Modification to the existing development agreement(H-2018-0042, Inst. #2019-053058)to further clarify the current and future permitted uses and timelines,create guidelines to allow for efficient and continued use of the property, and ensure the operation is meeting all State and Federal guidelines. B. Issues/Waivers None C. Recommendation Staff: Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify the existing approved use and approval of other changes as noted in Section III below. D. Decision To be determined II. COMMUNITY METRICS Table 1: Land Use Description Details Existing Land Use(s) Recycling&composting of materials Proposed Land Use(s) No changes proposed Existing Zoning R-4(medium low-density residential) Future Land Use Designation LDR(Low-density Residential) City of Meridian I Department Report 1. Project Overview Table 2: Process Facts Description Details Preapplication Meeting date 5/14/2024 Neighborhood Meeting 4/30/2024 Site posting date 8/7/2024 and 9/4/2024 III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History This property was annexed with an R-4 zoning district in 2016 as part of the larger South Meridian annexation,which incorporated a total of 1,322-acres of land in south Meridian.A Development Agreement(DA)was recorded for this property as a provision of annexation(Murgoitio LLC—Inst. #2016-007075). The agreement allowed any currently allowed use in the County pertaining to raising and maintaining livestock;discharge of firearms; currently stored or maintained farm equipment, vehicles,materials necessary for the agricultural operation of the property, etc. to remain on the property; and continued operation of Timber Creek Recycling on the property as an interim use,until such time as the property is developed in the future. The agreement outlined the primary activities of the recycling business,including the type and amounts of materials delivered to the site daily from the Ada County Landfill and miscellaneous contractors (i.e. wood,grass,leaves, sheetrock and other materials); and the recycling activities that were approved to operate on the site. It also included details on the termination of recycling operations on the site. A modification to the DA was approved by City Council in 2019 [L& G Murgoitio,LLC (H--2018- 0042)—MDA Inst. #2019-053058],which replaced the original DA. The amendment added a commercial composting component and retail sales to the existing recycling operations on the site and included a concept plan depicting the layout of the site and location of specified operations. Materials proposed for composting consist of food and garden waste and demolition debris; additional activities and equipment associated with the use were included in the agreement. The amendment also removed the daily limit for deliveries to the site of certain types of materials resulting in unlimited deliveries. Hours of operation for the composting program were also included. On April 16,2019,a Petition for Judicial Review of the City Council's decision was filed by several neighbors near the property. The parties litigated the matter for 2.5 years, and on November 24,2021, the District Court entered a judgment upholding the City Council's Findings of Fact and Conclusions of Law. Many letters of testimony on the previous application were received by the City from nearby residents for and against the proposed business expansion and DA amendment. A general summary of the testimony includes the following concerns/comments pertaining to the proposed use: (see the public record for more detailed information) 1) Increase in truck traffic entering/exiting the property and impact on adjacent roads and traffic (suggestion to limit truck traffic to non-commuting hours to reduce traffic conflicts of trucks using two lanes to turn at the Columbia/Locust Grove intersection); 2)Increase in dust generated from the existing and proposed use and mitigation thereof, 3)Increased noise generated from heavy equipment,grinders and trucks and impact on residential neighbors; 3) Size and height of recycling materials piles and potential fire hazard of compost piles; 4)Unpleasant odors generated from decomposition of materials(food and waste)to be recycled and pests (i.e. rodents,birds, skunks, flies,bees,mosquitos, etc.)-suggestion to require regular inspections to ensure best practices for recycling/composting are being practiced to reduce issues; City of Meridian I Department Report III. Staff Analysis 5)Unsightly landscape of the site(i.e. trash, stock piles of materials to be recycled, etc.); 6)Limitation of business hours that the recycling operation is open to the public and that recycling activities occur to reduce impacts of light pollution and noise on neighbors; 7)Require fencing around the perimeter of the site to prevent future conflicts between the business and area residents; 8)Reduced residential property values and a less desirable location with the proposed use; 9) Concern pertaining to water quality(potential for toxins leaching into the water)and water table; increased risk of contamination of surface and groundwater(leachate)from the facility which borders an irrigation canal; 10)Negative impact on quality of life for adjacent residents(excess dust,noise, odor, appearance of site); 11) Support of proposed recycling operation which will reduce trash in landfills and is good for the community and environment; 12) Success of composting program in the City of Boise and benefit for residents; 13)Emission of bioaerosols(airborne particles that contain live organisms or were released from living organisms,may contain bacteria, fungi,viruses,microbial toxins,pollen,plant fibers, etc.) from composting activities which may pose a hazard to susceptible members of the public; 14)Need for improvements to infrastructure to support homes that are currently under development in the area and increased traffic from large commercial trucks from the proposed use; 15) Industrial/commercial use does not belong in residential area that is continuing to grow with families; 16)High winds in this area blowing trash onto adjacent properties; 17)Potential for insects drawn to the proposed use to carry disease to residents,pets and livestock on neighboring properties; and, 18)Potential contamination of soil. Table 3: Project Overview Description Details History H-2015-0019 South Meridian(Murgoitio LLC—Inst.#2016-007075);H- 2018-0042(L&G Murgoitio,LLC—MDA Inst.#2019-053056) Acreage 80.52-acres B. General Overview The Applicant requests a modification to the existing development agreement(H-2018-0042, Inst. #2019-053058)to further clarify the current and future permitted uses and timelines, create guidelines to allow for efficient and continued use of the property, and ensure the operation is meeting all State and Federal guidelines. This modification, if approved,will replace the previous DA in its entirety and removes the parcel(i.e. Parcel 2) from the agreement located on Lake Hazel Rd.where some business operations were occurring as that property has since redeveloped. The existing site plan,included in Section VI.B below is proposed to be replaced with the updated site plan in Section VI.C. C. Staffs Analysis The Applicant has submitted a full version of the proposed amended DA in strike-out/underline format showing the existing text and proposed changes to the agreement, which is included in the public record and also linked in Section VI.D below. An updated version was submitted after the last Council meeting based on the proposed new Phased Transition Plan for Council's consideration(see link in Section VI.D. City of Meridian I Department Report III. Staff Analysis Another updated version was submitted after the Council hearing on November 12'h as directed by City Council. The Applicant's narrative describing a summary of the proposed changes is also included in the public record. The main changes proposed to the agreement are as follows: (Staffs analysis of the proposed change is included in italics below each item) • The list of materials received on the site for recycling,which are currently specified, are proposed to be removed to allow"any"materials,provided they're not prohibited by the Idaho Department of Environmental Quality(IDEQ) and Central District Health(CDH) (i.e. #5.1); a provision has been added that clarifies recycled materials do not include biosolids as defined by IDEQ(i.e. #5.1). Staff is in favor of clarifying that biosolids are not an allowed recyclable material on the site. Of particular concern is the processing of a product called Waste Activated Sludge (WAS), which is sludge produced from a non-municipal wastewater treatment or disposal facility. According to IDEQ, Timber Creek Recycling is currently processing WAS at this property. Assuming this is processed into a soil amendment for agricultural use, this is allowed under the current development agreement. However, it is unclear whether this is allowed under the currently approved IDEQ/CDH operating plan. Staff is not in favor of removing the specific materials that are allowed due to possible negative impacts from new materials on adjacent residential neighbors, which could result in issues that aren't able to be addressed by Code Enforcement. Listing specific materials provides clear direction on what materials are and are not allowed to be recycled on the site_— the Applicant has rescinded their request for removal of specific materials from the DAd included an undated list of materials in Exhibit F of the proposed amended DA. which includes new materials in addition to those previously included. r Ca" G-­ it does.appr-eve • Clarification that recycling and associated activities will not include any materials or activities that are prohibited by IDEQ or CDH and removal of the description of each activity(i.e. #5.1). Staff is in favor of clarifying that recycling and associated activities won't include any materials or activities that aren't allowed by IDEQ or CDH. However, Staff is not in favor of removing the descriptions of each activity as the descriptions provide clear direction on what activities are allowed to occur on the site.An amended DA was submitted since the last hearin on November 12`h that retains the description of each recycling activity(Le. #5.2). • Addition of a stand-alone nuisance provision in section 6.9.5,by which the parties agree that the City may enforce the City nuisance code on this propertY. Staff is in favor of the addition of this provision. • The existing agreement specifies the operation of Timber Creek Recycling on the portion of the site depicted on the site plan as "Recycling Property"is allowed to be conducted on the property for a maximum period of 10 years from the date City Council approved the signed DA,which was on 6/11/2019. The use would terminate on 6/11/2029 unless Timber Creek submits a request for Council to review the recycling activities(no later than one(1)year prior to the expiration date)and determine whether to permit the recycling activities to continue (i.e. #4.8). The Applicant proposes to remove the maximum operating period of the recycling activities on the site and includes a 5-year maximum timeline on composting activities with an option for an extension(i.e. #6.14.1). The Applicant states the change is necessary to meet the requirements of IDEQ,providing a hard deadline.Since the last hearing on Sept. 17`h, the Applicant met with the neighbors and based on testimony presented at the public hearing and feedback from nei hg bors, a Phased Transition Plan was submitted for the next three(3) years for all operations to be City of Meridian I Department Report III. Staff Analysis completed by December 2027, included in Section VLF of this report and in the proposed amended DA as Exhibit E. The Plan focuses on the following issues: odor, dust, volume and accountability and proposes a timeline for addressing these issues.Ater the hearing on Nov. 12`h, the Applicant submitted an undated transition elan as directed by Council with a six l61 month shorter termination date ofJune 30, 2027, at which point all recycling activities on the property shall cease.A 3rd amendment to the Plan was submitted that's included in Section VI.F,changes are included in a red box. Staff is not in favor of the proposed change to remove the maximum time period of 10 years for recycling activities or the new proposed 5-year timeline for composting activities. Staff recommends the existing timelines remain for the overall use and that the composting use is included in the provision. • Inclusion of a statement requiring compliance with all federal, state and local entities with jurisdiction, including,but not limited to IDEQ, CHD,Department of Agriculture,U. S. Environmental Protection Agency,U. S. Department of Agriculture,the Ada County Air Quality Board, and the Idaho Department of Water Resources(#6.2). The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. If a violation is found, actions to be taken by Timber Creek are included. Staff is in support of this change. • Removal of the truck limitation requirement(i.e. 56 truckloads per day). The Applicant states the change is due to the difficulty in keeping track of the number of vehicles and the burden it's placed on operation of the facility(i.e. #6.6.3). Staff is not in support of removing the truck limitation as it could result in a much greater number of deliveries to the site, which could negatively impact traffic and neighbors in the area and leave Code Enforcement with no way to address issues if they arise. Since the last hearing on Nov. 12'h, the Applicant submitted an amended DA that retains the truck limitation requirement. • Removal of the requirement for operations to cease on the site within 30 days of the City granting a Certificate of Occupancy to any new residential or commercial development within 1,000 feet of the recycling property(i.e. #6.8.2). Staff is not in favor of removing this requirement as the use will likely negatively impact future residents in this area as existing residents have complained about the negative impacts they've experienced from the facility. Land has been annexed into the City within 550 feet of the facility for the development of Hadler Subdivision northeast of the site;a final plat has been approved within 675 feet of the facility—the first Certificate of Occupancy will likely be issued within the next year, which will require recycling operations to cease on the site.In lieu of removing this requiremen4 a transition plan was submitted. included in Section VLF below. City of Meridian I Department Report 111. Staff Analysis f — i i ❑ISCOVER ----------- ------------- - �r�rr�7PARR ------ i M—na lu w • An updated site plan is included in Section VI.0 below;the existing site plan is included for reference in Section VI.B. Staff is amenable to replacing the existing site plan with the updated site plan as it appears to be generally the same. • Removal of Parcel 2 from the boundary of the property subject to the amended DA due to that property being redeveloped into residential lots; see legal description and exhibit map included below in Section VLE for property subject to the amended DA. Staff is in favor of updating the area subject to the amended DA. • Inclusion of two(2)new sections: 9.3 Failure to Comply with Transition Plan and 9.5 Remedies against Timber Creek. These sections detail remedies the City will have if Timber Creek fails to comply with the obligations or deadlines set forth in the Transition Plan,which include monetM penalties to the City in the event Timber Creek is in default of the Transition Plan following notice and opportunity to cure. Staff does not obiect to the addition of these provisions. These sections were removed in the amended version of the DA at the request of the City Attorney. In summary, Staff recommends denial of all changes to the DA that expand,extend and/or intensify the existing approved use. To date,tree(3)many letters of public testimony against expansion and extension of the existing use have been received(see public record for more information). City of Meridian I Department Report III. Staff Analysis IV. AGENCY COMMENTS Agency comments may be accessed in the proiect file, included in the public record. V. ACTION A. Staff: Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify the existing approved use and approval of other changes as noted in Section III above. A. City Council: The Meridian City Council heard these items on August 20th, September 17th and November 12'. At the hearing on November 12th. Council voted to approve the proposed MDA application. 1. Summary of the City Council public hearing: a. In favor: Caleb Lakev,Applicant's Representative; Mike Murgoitio.Applicant; Becky McKay, Engineering Solutions(Applicant's Representative) b. In opposition: Quinn Black; Joann Tima; Clancy O'Hara;Lou Murgoitio;Ken McAfee; Brenda Blitman; Troy Allen; Anna Canning, Centurion Engineers (on behalf of neighboring=property owner); Tony Mayer; Marla Fund; Gena Russell; Todd Edgar; Ken Jantz;Billie Jean Black;Jim Cox; and Debbie Allen. c. Commenting: Lori Badigian&Michael Reno, Central District Health Dept.; Lacy Iooi• Joanne Tima,Jonathan Fewkes, Brenda Blitman, Elizabeth Koeckeritz on behalf of Black Rock Homes;Justin Crannev d. Written testimony: Many letters have been submitted(see public record) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Lacy Ooi, Code Enforcement 2. Key issue(s)of public testimony: a. Negative air quality from it n�ding of concrete and odor generated from use; b. Health concerns due to silica dust in the air generated from the site; c. Water and air quality concerns for children and residents in the area; d. In support of the recycling services provided by this business and reduction of waste in the landfill; e. Odors from the facility smell like human waste and rotting flesh and fine white dust concrete,rocks?l generated from the facility—would like to see the uses associated with these issues cease. The use doesn't belong in residential neighborhood. Lack of fairness involved—other industrial users have to have approval to operate and be in an industrial Um f. The use doesn't comply with the UDC—purpose statement of the district,non-conforming use,not requiring a CUP for the use, etc. Code violations on the site, including the use being a public nuisance. Concern due to cancer causing toxins in the air;request for a narrower timeline to off-load to other site in Nampa; h. Request for concrete and rock crushing and sludge be immediately removed. i. No public opportunity to comment on the use originally;use should have gone through a conditional use permit; limited accountability of the user; against extension of use; Frustration that none of the agencies seem to be able to make a decision on whether or not the Applicant is operating in violation of the DA and/or applicable regulations. k. Update from Central District Health on notice of violations on the site. 1. Update from City code enforcement on process for handling complaints and concern pertaining to the proposed 30 day notice to vacate. M. Request for a shorter operating time than 3 years. 3. Key issue(s) of discussion by City Council: City of Meridian I Department Report V. Action a. Work with Staff and the Legal Dent.to work on a plan that would fully decommission the site within two(21 years. b. Cease all operations on the site by April 1,2027. c. Continue this application until April 1 st and keep public hearing open—is there any additional info or timeline that we're seeking from the Applicant to give greater clarification. d. The Applicant's proposal to shut down all operations by June 30.2027. e. Continue to December 17t'in order for the Applicant to come back with a revised DA with a six month shorter timeline,revise the Phased Transition Plan accordingly to cease all operations by June 30,2027. Draft Findings for approval would also be prepared for review by Council. The Applicant should include a list of all materials to be accepted for recycling. The Applicant should include signage on the property for when operations on the site will cease. 4. City Council change(s)to Staff recommendation: a. None City of Meridian I Department Report V. Action VI. EXHIBITS A. Aerial Photo F- dJ 1 3, Y 4 Project Location Area of Impact Analysis City of Meridian I Department Report VI. Exhibits B. Existing Site Plan ! 1� r r i its ,r ........ 77, - i City of Meridian Department Report VI. Exhibits C. Proposed Site Plan .w�e,u,a...�wnesme ���� rvne�isa3soaoaa � �r K731 V71J.d1� nour��iu�3iisunia3lawrvm 4���� �NnoAoaa N�ao aaewii ��� s qa a LU 8y � f w 'v �Nwatl o o , r w 1 w imam y Y a LL a City of Meridian Department Report VI. Exhibits D. Proposed Amended Development Agreement Copy the following links for these documents, contained in the project file, into a separate browser: Links: Redline version of proposed DA: https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=377748&dbid=0&repo=MeridianCity Clean version of proposed DA: https://weblink.meridianciV.ory/WebLink/DocView.aspx?id=377747&dbid=0&repo=MeridianOU City of Meridian I Department Report VI. Exhibits E. Legal Description of Property Subject to the Amended Development Agreement EKHIBIT A ANNEXATION LIESCRIPTION FOR THE CITY OF MERIDIAN,IDAHO L&G MURGOITIO,LLC-PARCEL NO.2 A parcel located in the E h of the SE % of Section 6, Township 2 North, Range 1 East, Boise Meridlan,Ada County,Idaho,more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE of the SE ,from which an aluminum cap monument marking the northeasterly corner of the SE A of said Section 6 bears N 0'04'44"W a distance of 2655.72 feet; Thence N 89°21'59"W along the southerly boundary of Bald E�5 of the SE 1G a distance of 1323.88 feet to the southwesterly corner of said E%of the SE%; Thence N U'02'17"W along the westerly boundary of said E�i of the SE N a distance of 2655.45 feet to the northwesterly corner of said E 14 of the SF%; Thence S SF22'37" E a distance of 1321.98 feet to an aluminum cap monument marking the northeasterly corner of said E M of the SE%; Thence S 0°04'44" E along the easterly boundary of Bald E h of the 5E y4 a distance of 265532 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE. This descriptlon was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No Meld survey has been performed. Prepared by; Glenn K. Bennett,PLS PF1 Clv115urvey Consultants, Incorporated so � C�cto6er 13,2015 082 0 Of K. Meridian City Caunsil Meeting Agenda June 11.2019— Page 170 of 396 City of Meridian I Department Report VI. Exhibits EXHIS1T A SKETCH TO ACCOMPANK ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOC,4TED IN THE E 112 OF THE SF 114 OF SECTION 6, TOWNSHIP NC TI-1, RANGE 1 EA1 ST, SOISE MERIDIAN, AAA COUNTY,, I AH0 5 8.9�2:37" � T321.96' SCALF J=4pp' +r, PARCEL Jkcs a 4 CSC UMSI4 IPW ,5 S F 116 N 897 59" W 1.32.3.$8' 7 8 PONT OF p L LA,y� BEG+ViNl++i4G 5082 CIVIL SURVEY CONSLILTAWS, INC. 2803 SOUTH MERIDIAN ROAD 4' d7 MERIDIAN, IDAHO 8K42 (248)868-4312 Mendan City Councif Meeting Agenda Juna 11, — Page 181 of 396 City of Meridian I Department Report VI. Exhibits F. Phased Transition Plan—REVISED Revisions shown in red box EXHIBIT tEL TRANSITION PLAN Timber Creek Recycling "Enginea6ng wastes to its highest and best use" Daze; December 3,2024 Phased Transition Phan for the Meridian Compost Site 7695 S. Locust Grove Rd Meridian, ID 8 642 16,4,0 City of Meridian I Department Report VI. Exhibits °�o of total Cheese Phase FOCUS 202Tirning WAS diverted Odor n Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4 1 on Weekends at the Meridian site! 7T Conduce experiments of Ca(cium Hydroxide,"lime"(Ca(OH)a1.add ition to Cheese WAS at Meridian site. (Comptate o Coordinate with Sorrento Lactalis on by procurement of equipment far addition December of"line"to Cheese WAS at Sorrento 2024) plant Dust o Effective November 1",no more ConcretelAsphatilTileJPorcelaind Brick accepted at the Meridian site Q1 Q2 Q3 o Continue regular dust control measures(i.e.water truck) Volume Q1 Qz Q3 o At least 25%of the inbound Cheese WAS diverted from the Meridian site zs Accountability o Present final Transition Plan to Q1 Q2 Q3 Q4 Meridian City Council o Begin drafting a Tier II Composting Facility"closure plan"for DEQ and CDH approval City of Meridian I Department Report VI. Exhibits Phase Focus 2025 Timing °Q of total Cheese WAS diverted Odor c Pilot,full scale addition of'time"to Qt Q2 Q3 Qd #2 inbound Cheese WAS at the Sorrento ttL Cheasa Plant 1 a Incorporate treated Cheese WAS into compost process at Meridian (Complete Site and monitor for effectiveness ay (01) December a ongoing coordination with orrento 2025) Lactali9 for addition of"Iime" o Fully implement"lime"addition to Cheese WAS as a odor control measure,so tang as testing was successful(Q2] Dust o Final crushing of CvncretafAsphalt/TilelPorceivin! Brick at the Meridian Site(Q1) I Q1 Q2 3 s` Continue regular dust controt measures(i.e.,water truck) Volume o Complete engineering for additional Q1 Q2 Q3 Q4 ASP pad(1 of 2)at the Nampa site (Q2) c; Additional ASP pad(1 of 2}under �!6 construction at the Nampa site(03l o Additional 25%of inbound Cheese WAS diverted from the Meridian site (Q4) Accountability c Quarterly inspections with Meridian Q1 Q2 Q3 Qd CitV Cade Enforcement c Closure signage posted(Q2) o Complete a draft ctcsure plan in coordination with CDH and DEQ City of Meridian I Department Report VI. Exhibits Phase Focus 2026 Timing %of total Cheese WAS diverted Odor n Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4 3 odor control measures Dust (Complete ❑ Continue regular dust control by measures(i.e.,water truck) Q1 Q2 Q3 � peCert3ber 2425) Volume o Complete ongineeringforadditionat ASP pad(2 of 2)(Q2) Q1 Q2 Q3 Qd a Addi#ional ASP pad{2 of 2)under construction at the Nampa site(Q3) 7oo4b c IDO%of the Cheese WAS diverted from the Meridian site(Q4) Accountability Quarterly inspections with Meridlan Q1 Q2 Q Q4 City Code Enforcement o Finalize Tier 11 Composting Facit)ty Closure Plan with IDEA and CDH(W) Phase Focus 2027 Timing % of total Cheese WAS diverted Odor No cheese WAS received at the Q1 Q2 #4 Meridian site Dust (complete o Continue regular dust control by mea5UreS(i.e.,vwatertruck) 30 June 2027) VO lLl t17 t3 o Sale or transfer of remaining tom` inventory Q1 Q2 o Movement of ccmpostfrecycLing materials and infrastructure off of the Meridian site Accountability a Quarterly inspection vAth Meridian City Codes QZ Enforcement:(Q 1) o Final site walk through with Meridian Code Enforcement (Q2) Final Tier Il site Close outwith CDH and aE 2 City of Meridian I Department Report VI. Exhibits DRAFT CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, �(EFJDIAN%-, FINAL DECISION,AND ORDER I D A H O Date of Order: December 17, 2024 Case No.: H-2024-0032 (Timber Creek Recycling—MDA) Applicant: Engineering Solutions,LLP In the Matter of: Request for modification of existing development agreement (H-2018- 0042,Inst.#2019-053058) Pursuant to testimony and evidence received regarding this matter at the public hearing before the Meridian City Council on August 20, 2024, September 17, 2024, November 12, 2024, and December 17, 2024, as to this matter, the City Council enters the following findings of fact, conclusions of law, final decision, and order. A. Findings of Fact. The City Council finds that: 1. The facts pertaining to the property at issue, located on the northwest corner of S. Locust Grove Rd. and E. Columbia Rd. ("Property"), L&G Murgoitio, LLC's request, and the notices and hearings are set forth in section III(A) of the December 17, 2024 staff report for Case No. H-2024-0032, which is attached hereto as Exhibit I ("Staff Report"). Section III(A) of the Staff Report is incorporated in these findings of fact as though set forth fully herein. 2. The Property was initially annexed into the City of Meridian by ordinance adopted by City Council on January 26, 2016, and the initial development agreement was recorded on January 27, 2016. Currently, the Property is subject to a first modified development agreement (H-2018-0042), recorded in Ada County as instrument no. 2019-053058 ("June 11, 2019 MDA"). 3. The modifications requested by L&G Murgoitio, LLC and approved by City Council on December 17, 2024 reflect changes to the June 11, 2019 MDA proposed by L&G Murgoitio, LLC over the course of the public hearings. Modifications to the June 11, 2019 MDA that L&G Murgoitio, LLC requested at the respective hearings are attached, and may be summarized, in relevant part, as follows: a. September 17, 2024 public hearing: Per the proposed modified development agreement attached hereto as Exhibit 2, among other modifications to the June 11, 2019 MDA, L&G Murgoitio, LLC proposed to: 1) Eliminate the list of materials that Timber Creek Recycling ("TCR") may use for the Recycling Activities, and instead agree to use only materials not prohibited by the Idaho Department of Environmental Quality ("IDEQ") or Central District Health ("CDH"). 2) Eliminate the list of allowed Recycling Activities, and instead agree to undertake only activities not prohibited by IDEQ or CDH. FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2024-0032(Timber Creek Recycling) Page 1 DRAFT 3) Remove the daily limitation on the number of trucks delivering materials to the Property. 4) Add a commitment to keep the Property free of public nuisance conditions. 5) Amend the deadline for TCR to cease the Recycling Activities on the Property, from June 11, 2029 (under the June 11, 2019 MDA) to five (5) years from the date of execution of the modified development agreement, with an option for L&G Murgoitio, LLC to request an extension following City Council review. 6) Provide that if the Property were sold to a developer, TCR would be permitted to continue operating, at the purchasing developer's discretion. 7) Toll all deadlines in the event the modified development agreement is challenged or appealed. b. November 12, 2024 public hearing: Per the proposed modified development agreement attached hereto as Exhibit 3, among other modifications to the June 11, 2019 MDA, L&G Murgoitio, LLC proposed to: 1) Keep the list of materials that TCR may use for the Recycling Activities, but clarify that "cheese whey WAS" is categorized as food waste, and is therefore permissible for use for Recycling Activities. 2) Keep the list of allowed Recycling Activities, with no material changes to the list in the June 11, 2019 MDA. 3) Keep the daily limitation on the number of trucks delivering materials to the Property, with no material changes in that regard to the June 11, 2019 MDA. 4) Add a commitment to keep the Property free of public nuisance conditions. 5) Amend the deadline for TCR to cease the Recycling Activities on the Property, from June 11, 2029 (under the June 11, 2019 MDA) to December 31, 2027, and require that TCR follow a transition plan with milestones for progressively lessened use of the Property for Recycling Activities over time, until the December 31, 2027 Termination Date. 6) Provide a schedule of graduated administrative fines to be applied in the event of TCR's failure to comply with the transition plan. This version did not provide that if the Property were sold to a developer, TCR would be permitted to continue operating, at the developer's discretion; nor did this version propose to toll all deadlines in the event the modified development agreement is challenged or appealed. c. December 17, 2024 public hearing: Per the proposed modified development agreement attached hereto as Exhibit 4, among other modifications to the June 11, 2019 MDA, L&G Murgoitio, LLC proposed to: 1) Add, as an exhibit, a more specific list of permitted materials; and eliminate as materials permitted for use for the Recycling Activities the miscellaneous category of"other materials . . . which are of the same category as the materials identified . . . or are intended for agricultural uses." 2) Keep the list of allowed Recycling Activities, with no material changes to the list in the June 11, 2019 MDA. 3) Keep the daily limitation on the number of trucks delivering materials to the Property. FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2024-0032(Timber Creek Recycling) Page 2 DRAFT 4) Add a commitment to keep the Property free of public nuisance conditions. 5) Amend the deadline for TCR to cease the Recycling Activities on the Property, from June 11, 2029 (under the June 11, 2019 MDA) to June 30, 2027, and require that TCR follow a transition plan with milestones for progressively lessened use of the Property for Recycling Activities over time, until the June 30, 2027 Termination Date. 6) Commit to posting signs on the Property, facing S. Locust Grove Road, and Columbia Road, stating that the facility will close on June 30, 2027. This version did not provide a schedule of graduated administrative fines to be applied in the event of the TCR's failure to comply with the transition plan. 4. City Council's action on L&G Murgoitio, LLC's request is subject to Idaho Code section 67-6511A, which states that a development agreement "may be modified only by the permission of the governing board after complying with the notice and hearing provisions of section 67-6509, Idaho Code." 5. City Council's action on L&G Murgoitio, LLC's request is further subject to Meridian Unified Development Code section 11-5B-3(17)(2), which reads, in relevant part: "A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the City Council in accord with this Chapter." 6. City Council's action on L&G Murgoitio, LLC's request is further subject to Table 11-5A- 2 of the Meridian Unified Development Code, which provides that the Director of the Community Development Department (or staff designee) is to make a recommendation regarding the request for a development agreement modification, and City Council is to make the final decision, following a public hearing process set forth in 11-5A-6. Staff, City Council, and the Applicant did follow this process, as detailed in Table 2, section II of the Staff Report attached hereto as Exhibit 1, which table is incorporated as though set forth fully herein. Compliance with this process does meet the notice and hearing requirements of Idaho Code section 67-6509. 7. Testimony and evidence in opposition to the Applicant's request was received prior to and on September 17, 2024, and on November 12, 2024. (The August 20, 2024 hearing was continued due to a noticing error.) Such testimony and evidence may be summarized as follows: a. September 17, 2024 public hearing: Citizens testified about their concerns regarding Timber Creek Recycling's current operations creating conditions of blowing dust, foul odors, and unsightly materials; as well as noise from the grinder, truck traffic, processing of waste-activated sludge (WAS), air pollution, and potential health impacts. Citizens testified that the City should honor the June 11, 2019 MDA's commitment that the use would cease when residential development was within 1,000 feet of the property, that the use should have been subject to a conditional use permit, and that the current and proposed ongoing use is incompatible with the residential and other uses in the area. FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2024-0032(Timber Creek Recycling) Page 3 DRAFT b. November 12, 2024 public hearing: Citizens testified about their concerns regarding accountability for compliance with the terms of the current development agreement and operating plan, compliance with the proposed transition plan, air and water pollution, processing of waste-activated sludge (WAS), truck traffic, and foul odors. A representative of the developer of a nearby subdivision requested denial of the extended operational period, or, alternatively, a requirement that the Applicant post a sign on the Property announcing when operations would cease. Citizens testified that a two-year closure deadline would be workable, and that the modified agreement should include liquidated damages. 8. Testimony and evidence in support of the Applicant's request was received on September 17, 2024, and on November 12, 2024. Such testimony and evidence may be summarized as follows: a. September 17, 2024 public hearing: Citizens testified to say that the applicant's activities divert discarded materials from landfills, that they emit little dust, and that there is a need to continue the activities until another location in Nampa is operational. Citizen testimony also suggested that dust may be attributed to unrelated truck traffic or construction in the area. b. November 12, 2024 public hearing: A citizen testified that he had testified against the request at the September hearing, but had changed his mind to support the request after touring the Property and learning about benefits of the Recycling Activities. 9. At the November 12, 2024 public hearing, representatives of the Central District Health Department("CDH") testified that: a. While CHD did issue warnings of operation plan violations related to odor complaints, no formal notice of violation has been issued to Timber Creek Recycling for violation of the operating plan approved by the Idaho Department of Environmental Quality. b. No public health threat is associated with the recycling activities at Timber Creek. 10. Based on the testimony and evidence received, the City Council finds that it is in the best interest of the City of Meridian to amend the June 11, 2019 MDA to incorporate the modifications proposed in Exhibit 4, because such modifications will serve competing interests by: a. Clarifying which materials may be used for the Recycling Activities; b. Providing an enforcement mechanism to Meridian Police Department, Code Enforcement Division, in the event of a nuisance condition on the Property; c. Providing a date certain for the cessation of Recycling Activities on the Property (June 30, 2027), which date does allow operations after the potential earliest deadline for cessation under the June 11, 2019 MDA, but also provides assurance to the community FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2024-0032(Timber Creek Recycling) Page 4 DRAFT that the Recycling Activities will cease earlier than the potential latest date allowed under the June 11, 2019 MDA; d. By following the transition plan, facilitating the cessation of the Recycling Activities while also allowing TCR to continue providing the benefits to the community offered by the operation; and e. Notifying the public of the timeline for cessation of the Recycling Activities by the posting of signs on the Property. B. Conclusions of law. The City Council concludes that: 1. The modification of a development agreement is governed by the Local Land Use Planning Act("LLUPA"), codified at Chapter 65, Title 67, Idaho Code, specifically Idaho Code section 67-6511A, and City Council takes judicial notice of same. 2. Meridian Unified Development Code ("UDC") section 11-5B-3(F)(2) governs the modification of a development agreement, and City Council takes judicial notice of same, as well as of all current zoning maps and the City of Meridian Comprehensive Plan. 3. Though City Council received conflicting testimony, City Council's findings of fact are supported by substantial competent evidence in the record per Price v. Payette County Board of County Commissioners, 131 Idaho 426, 429 (1998) and Davisco Foods International, Inc. v. Gooding County, 141 Idaho 784, 789 (2005). 4. Pursuant to Idaho Code section 67-6503, the City of Meridian has properly exercised the powers conferred by LLUPA. C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby grants Applicant's request for modification of the June 11, 2019 MDA as set forth in Exhibit 5 hereto. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. E. Judicial review. Pursuant to Idaho Code section 67-6521(1)(d), if this final decision had concerned a matter enumerated in Idaho Code section 67-6521(1)(a), within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code section 1-7-10, an affected person aggrieved by this final decision would have had the opportunity to seek judicial review of this final decision as provided by Chapter 52, Title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. In the Decision entered on November 24, 2021, in Brown et al. v. City of Meridian (Ada County Fourth Judicial District Case no. CV01-19-06894), District Judge Derrick J. O'Neill FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2024-0032(Timber Creek Recycling) Page 5 DRAFT held that City Council's decision to modify a development agreement is not a matter enumerated in Idaho Code section 67-6521(1)(a), and is therefore not subject to judicial review. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 17th day of December, 2024. Robert E. Simison Mayor Attest: Chris Johnson City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2024-0032(Timber Creek Recycling) Page 6 Exhibit I COMMUNITY DEVELOPMENT C��fEPIDIAN*,­, DEPARTMENT REPORT HEARING December 17,2024 - @ DATE: Continued from:August 20 and September 17 and November 12, 2024 TO: Mayor& City Council � 1 FROM: Sonya Allen,Associate Planner 208-884-5533 - `-----1-- 1 I I_ sallen@meridiancity.org APPLICANT: Engineering Solutions,LLP e ` SUBJECT: H-2024-0032 legend Timber Creek Recycling—MDA Project location '� Area of Impact LOCATION: Northwest corner of S. Locust Grove Rd. `- city limits and E. Columbia Rd.,in the SE 1/4 of 0 Analysis Section 6, T.2N.,R.IE. I. PROJECT OVERVIEW A. Summary Modification to the existing development agreement(H-2018-0042, Inst. #2019-053058)to further clarify the current and future permitted uses and timelines,create guidelines to allow for efficient and continued use of the property, and ensure the operation is meeting all State and Federal guidelines. B. Issues/Waivers None C. Recommendation Staff: Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify the existing approved use and approval of other changes as noted in Section III below. D. Decision To be determined II. COMMUNITY METRICS Table 1: Land Use Description Details Existing Land Use(s) Recycling&composting of materials Proposed Land Use(s) No changes proposed Existing Zoning R-4(medium low-density residential) Future Land Use Designation LDR(Low-density Residential) City of Meridian I Department Report 1. Project Overview Table 2: Process Facts Description Details Preapplication Meeting date 5/14/2024 Neighborhood Meeting 4/30/2024 Site posting date 8/7/2024 and 9/4/2024 III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History This property was annexed with an R-4 zoning district in 2016 as part of the larger South Meridian annexation,which incorporated a total of 1,322-acres of land in south Meridian.A Development Agreement(DA)was recorded for this property as a provision of annexation(Murgoitio LLC—Inst. #2016-007075). The agreement allowed any currently allowed use in the County pertaining to raising and maintaining livestock; discharge of firearms; currently stored or maintained farm equipment, vehicles,materials necessary for the agricultural operation of the property, etc. to remain on the property; and continued operation of Timber Creek Recycling on the property as an interim use,until such time as the property is developed in the future. The agreement outlined the primary activities of the recycling business,including the type and amounts of materials delivered to the site daily from the Ada County Landfill and miscellaneous contractors (i.e. wood,grass,leaves, sheetrock and other materials); and the recycling activities that were approved to operate on the site. It also included details on the termination of recycling operations on the site. A modification to the DA was approved by City Council in 2019 [L& G Murgoitio,LLC (H--2018- 0042)—MDA Inst. #2019-053058],which replaced the original DA. The amendment added a commercial composting component and retail sales to the existing recycling operations on the site and included a concept plan depicting the layout of the site and location of specified operations. Materials proposed for composting consist of food and garden waste and demolition debris; additional activities and equipment associated with the use were included in the agreement. The amendment also removed the daily limit for deliveries to the site of certain types of materials resulting in unlimited deliveries. Hours of operation for the composting program were also included. On April 16,2019,a Petition for Judicial Review of the City Council's decision was filed by several neighbors near the property. The parties litigated the matter for 2.5 years, and on November 24,2021, the District Court entered a judgment upholding the City Council's Findings of Fact and Conclusions of Law. Many letters of testimony on the previous application were received by the City from nearby residents for and against the proposed business expansion and DA amendment. A general summary of the testimony includes the following concerns/comments pertaining to the proposed use: (see the public record for more detailed information) 1) Increase in truck traffic entering/exiting the property and impact on adjacent roads and traffic (suggestion to limit truck traffic to non-commuting hours to reduce traffic conflicts of trucks using two lanes to turn at the Columbia/Locust Grove intersection); 2)Increase in dust generated from the existing and proposed use and mitigation thereof, 3)Increased noise generated from heavy equipment,grinders and trucks and impact on residential neighbors; 3) Size and height of recycling materials piles and potential fire hazard of compost piles; 4)Unpleasant odors generated from decomposition of materials(food and waste)to be recycled and pests (i.e. rodents,birds, skunks, flies,bees,mosquitos, etc.)-suggestion to require regular inspections to ensure best practices for recycling/composting are being practiced to reduce issues; City of Meridian I Department Report III. Staff Analysis 5)Unsightly landscape of the site(i.e. trash, stock piles of materials to be recycled, etc.); 6)Limitation of business hours that the recycling operation is open to the public and that recycling activities occur to reduce impacts of light pollution and noise on neighbors; 7)Require fencing around the perimeter of the site to prevent future conflicts between the business and area residents; 8)Reduced residential property values and a less desirable location with the proposed use; 9) Concern pertaining to water quality(potential for toxins leaching into the water)and water table; increased risk of contamination of surface and groundwater(leachate)from the facility which borders an irrigation canal; 10)Negative impact on quality of life for adjacent residents(excess dust,noise, odor, appearance of site); 11) Support of proposed recycling operation which will reduce trash in landfills and is good for the community and environment; 12) Success of composting program in the City of Boise and benefit for residents; 13)Emission of bioaerosols(airborne particles that contain live organisms or were released from living organisms,may contain bacteria, fungi,viruses,microbial toxins,pollen,plant fibers, etc.) from composting activities which may pose a hazard to susceptible members of the public; 14)Need for improvements to infrastructure to support homes that are currently under development in the area and increased traffic from large commercial trucks from the proposed use; 15) Industrial/commercial use does not belong in residential area that is continuing to grow with families; 16)High winds in this area blowing trash onto adjacent properties; 17)Potential for insects drawn to the proposed use to carry disease to residents,pets and livestock on neighboring properties; and, 18)Potential contamination of soil. Table 3: Project Overview Description Details History H-2015-0019 South Meridian(Murgoitio LLC—Inst.#2016-007075);H- 2018-0042(L&G Murgoitio,LLC—MDA Inst.#2019-053056) Acreage 80.52-acres B. General Overview The Applicant requests a modification to the existing development agreement(H-2018-0042, Inst. #2019-053058)to further clarify the current and future permitted uses and timelines, create guidelines to allow for efficient and continued use of the property, and ensure the operation is meeting all State and Federal guidelines. This modification, if approved,will replace the previous DA in its entirety and removes the parcel(i.e. Parcel 2) from the agreement located on Lake Hazel Rd.where some business operations were occurring as that property has since redeveloped. The existing site plan,included in Section VI.B below is proposed to be replaced with the updated site plan in Section VI.C. C. Staffs Analysis The Applicant has submitted a full version of the proposed amended DA in strike-out/underline format showing the existing text and proposed changes to the agreement, which is included in the public record and also linked in Section VI.D below. An updated version was submitted after the last Council meeting based on the proposed new Phased Transition Plan for Council's consideration(see link in Section VI.D. City of Meridian I Department Report III. Staff Analysis Another updated version was submitted after the Council hearing on November 12'h as directed by City Council. The Applicant's narrative describing a summary of the proposed changes is also included in the public record. The main changes proposed to the agreement are as follows: (Staffs analysis of the proposed change is included in italics below each item) • The list of materials received on the site for recycling,which are currently specified, are proposed to be removed to allow"any"materials,provided they're not prohibited by the Idaho Department of Environmental Quality(IDEQ) and Central District Health(CDH) (i.e. #5.1); a provision has been added that clarifies recycled materials do not include biosolids as defined by IDEQ(i.e. #5.1). Staff is in favor of clarifying that biosolids are not an allowed recyclable material on the site. Of particular concern is the processing of a product called Waste Activated Sludge (WAS), which is sludge produced from a non-municipal wastewater treatment or disposal facility. According to IDEQ, Timber Creek Recycling is currently processing WAS at this property. Assuming this is processed into a soil amendment for agricultural use, this is allowed under the current development agreement. However, it is unclear whether this is allowed under the currently approved IDEQ/CDH operating plan. Staff is not in favor of removing the specific materials that are allowed due to possible negative impacts from new materials on adjacent residential neighbors, which could result in issues that aren't able to be addressed by Code Enforcement. Listing specific materials provides clear direction on what materials are and are not allowed to be recycled on the site_— the Applicant has rescinded their request for removal of specific materials from the DAd included an undated list of materials in Exhibit F of the proposed amended DA, which includes new materials in addition to those previously included. mCit, ca— it does.appr-eve • Clarification that recycling and associated activities will not include any materials or activities that are prohibited by IDEQ or CDH and removal of the description of each activity(i.e. #5.1). Staff is in favor of clarifying that recycling and associated activities won't include any materials or activities that aren't allowed by IDEQ or CDH. However, Staff is not in favor of removing the descriptions of each activity as the descriptions provide clear direction on what activities are allowed to occur on the site.An amended DA was submitted since the last hearin on November 12`h that retains the description of each recycling activity(Le. #5.21. • Addition of a stand-alone nuisance provision in section 6.9.5,by which the parties agree that the City may enforce the City nuisance code on this propertY. Staff is in favor of the addition of this provision. • The existing agreement specifies the operation of Timber Creek Recycling on the portion of the site depicted on the site plan as "Recycling Property"is allowed to be conducted on the property for a maximum period of 10 years from the date City Council approved the signed DA,which was on 6/11/2019. The use would terminate on 6/11/2029 unless Timber Creek submits a request for Council to review the recycling activities(no later than one(1)year prior to the expiration date)and determine whether to permit the recycling activities to continue (i.e. #4.8). The Applicant proposes to remove the maximum operating period of the recycling activities on the site and includes a 5-year maximum timeline on composting activities with an option for an extension(i.e. #6.14.1). The Applicant states the change is necessary to meet the requirements of IDEQ,providing a hard deadline.Since the last hearing on Sept. 17`h, the Applicant met with the neighbors and based on testimony presented at the public hearing and feedback from nei hg bors, a Phased Transition Plan was submitted for the next three (3)years°or all operations to be City of Meridian I Department Report III. Staff Analysis completed by December 2027, included in Section VLF of this report and in the proposed amended DA as Exhibit E. The Plan focuses on the following issues: odor, dust, volume and accountability and proposes a timeline for addressing these issues.Ater the hearing on Nov. 12`h, the Applicant submitted an undated transition elan as directed by Council with a six(6) month shorter termination date of June 30, 2027, at which point all recycling activities on the property shall cease.A 3rd amendment to the Plan was submitted that's included in Section VI.F;than es are included in a red box. Staff is not in favor of the proposed change to remove the maximum time period of 10 years for recycling activities or the new proposed 5-year timeline for composting activities. Staff recommends the existing timelines remain for the overall use and that the composting use is included in the provision. • Inclusion of a statement requiring compliance with all federal, state and local entities with jurisdiction, including,but not limited to IDEQ, CHD,Department of Agriculture,U. S. Environmental Protection Agency,U. S. Department of Agriculture,the Ada County Air Quality Board, and the Idaho Department of Water Resources(#6.2). The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. If a violation is found, actions to be taken by Timber Creek are included. Staff is in support of this change. • Removal of the truck limitation requirement(i.e. 56 truckloads per day). The Applicant states the change is due to the difficulty in keeping track of the number of vehicles and the burden it's placed on operation of the facility(i.e. #6.6.3). Staff is not in support of removing the truck limitation as it could result in a much greater number of deliveries to the site, which could negatively impact traffic and neighbors in the area and leave Code Enforcement with no way to address issues if they arise. Since the last hearing on Nov. 12", the Applicant submitted an amended DA that retains the truck limitation requirement. • Removal of the requirement for operations to cease on the site within 30 days of the City granting a Certificate of Occupancy to any new residential or commercial development within 1,000 feet of the recycling property(i.e. #6.8.2). Staff is not in favor of removing this requirement as the use will likely negatively impact future residents in this area as existing residents have complained about the negative impacts they've experienced from the facility. Land has been annexed into the City within 550 feet of the facility for the development of Hadler Subdivision northeast of the site;a final plat has been approved within 675 feet of the facility—the first Certificate of Occupancy will likely be issued within the next year, which will require recycling operations to cease on the site.In lieu of removing this requiremen4 a transition plan was submitted. included in Section VLF May- City of Meridian I Department Report 111. Staff Analysis f — i i ❑ISCOVER ----------- ------------- - �r�rr�7PARR ------ i M—na lu w • An updated site plan is included in Section VI.0 below;the existing site plan is included for reference in Section VI.B. Staff is amenable to replacing the existing site plan with the updated site plan as it appears to be generally the same. They has withdrawn the request to update the site elan. • Removal of Parcel 2 from the boundary of the property subject to the amended DA due to that property being redeveloped into residential lots; see legal description and exhibit map included below in Section VLE for property subject to the amended DA. Staff is in favor of updating the area subject to the amended DA. • Inclusion of two(2)new sections: 9.3 Failure to Comply with Transition Plan and 9.5 Remedies against Timber Creek. These sections detail remedies the City will have if Timber Creek fails to comply with the obligations or deadlines set forth in the Transition Plan,which include monetM penalties to the City in the event Timber Creek is in default of the Transition Plan following notice and opportunity to cure. Staffdoes not obiect to the addition of these provisions. These sections were removed in the amended version of the DA at the request of the City Attorney. In summary, Staff recommends denial of all changes to the DA that expand,extend and/or intensify the existing approved use. To date,tree(3)many letters of public testimony against expansion and extension of the existing use have been received(see public record for more information). City of Meridian I Department Report III. Staff Analysis IV. AGENCY COMMENTS Agency comments may be accessed in the proiect file, included in the public record. V. ACTION A. Staff: Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify the existing approved use and approval of other changes as noted in Section III above. A. City Council: The Meridian City Council heard these items on August 20th, September 17th and November 12'. At the hearing on November 12th. Council voted to approve the proposed MDA application. 1. Summary of the City Council public hearing: a. In favor: Caleb Lakev,Applicant's Representative; Mike Murgoitio.Applicant; Becky McKay, Engineering Solutions(Applicant's Representative) b. In opposition: Quinn Black; Joann Tima; Clancy O'Hara;Lou Murgoitio;Ken McAfee; Brenda Blitman; Troy Allen; Anna Canning, Centurion Engineers (on behalf of neighboring=property owner); Tony Mayer; Marla Fund; Gena Russell; Todd Edgar; Ken Jantz;Billie Jean Black;Jim Cox; and Debbie Allen. c. Commenting: Lori Badigian&Michael Reno, Central District Health Dept.; Lacy Iooi• Joanne Tima,Jonathan Fewkes, Brenda Blitman, Elizabeth Koeckeritz on behalf of Black Rock Homes;Justin Crannev d. Written testimony: Many letters have been submitted(see public record) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Lacy Ooi, Code Enforcement 2. Key issue(s)of public testimony: a. Negative air quality from it n�ding of concrete and odor generated from use; b. Health concerns due to silica dust in the air generated from the site; c. Water and air quality concerns for children and residents in the area; d. In support of the recycling services provided by this business and reduction of waste in the landfill; e. Odors from the facility smell like human waste and rotting flesh and fine white dust concrete,rocks?l generated from the facility—would like to see the uses associated with these issues cease. The use doesn't belong in residential neighborhood. Lack of fairness involved—other industrial users have to have approval to operate and be in an industrial Um f. The use doesn't comply with the UDC—purpose statement of the district,non-conforming use,not requiring a CUP for the use, etc. Code violations on the site, including the use being a public nuisance. Concern due to cancer causing toxins in the air;request for a narrower timeline to off-load to other site in Nampa; h. Request for concrete and rock crushing and sludge be immediately removed. i. No public opportunity to comment on the use originally;use should have gone through a conditional use permit; limited accountability of the user; against extension of use; Frustration that none of the agencies seem to be able to make a decision on whether or not the Applicant is operating in violation of the DA and/or applicable regulations. k. Update from Central District Health on notice of violations on the site. 1. Update from City code enforcement on process for handling complaints and concern pertaining to the proposed 30 day notice to vacate. M. Request for a shorter operating time than 3 years. 3. Key issue(s) of discussion by City Council: City of Meridian I Department Report V. Action a. Work with Staff and the Legal Dent.to work on a plan that would fully decommission the site within two(21 years. b. Cease all operations on the site by April 1,2027. c. Continue this application until April 1 st and keep public hearing open—is there any additional info or timeline that we're seeking from the Applicant to give greater clarification. d. The Applicant's proposal to shut down all operations by June 30.2027. e. Continue to December 17t'in order for the Applicant to come back with a revised DA with a six month shorter timeline,revise the Phased Transition Plan accordingly to cease all operations by June 30,2027. Draft Findings for approval would also be prepared for review by Council. The Applicant should include a list of all materials to be accepted for recycling. The Applicant should include signage on the property for when operations on the site will cease. 4. City Council change(s)to Staff recommendation: a. None City of Meridian I Department Report V. Action VI. EXHIBITS A. Aerial Photo F- dJ 1 3, Y 4 Project Location Area of Impact Analysis City of Meridian I Department Report VI. Exhibits B. Existing Site Plan(No changes are nronoKW Ito - - -- - I I City of Meridian Department Report VI. Exhibits Q Proposed Site —Withdrawn mw,w�, 9 k an .x.y.�w.3 ��� rvne�isa3soaoaa + R HNC VUL31 17L.1 nour.�.�iu�3Ais unia3lawrvm Y j y ��JJ �NI�3A�3L17133a7 N39W11 @�` a � a R�f if v. _-- 3'JV1101S NlItl� F B' �~_ . 1 aoyapts t w w a 8y f w 'v �Nwatl r 0 i 0 r w w a j LL l � j City of Meridian Department Report VI. Exhibits D. Proposed Amended Development Agreement Copy the following links for these documents, contained in the project file, into a separate browser: Links: Redline version of proposed DA: https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=377748&dbid=0&repo=MeridianCity Clean version of proposed DA: https://weblink.meridianciV.ory/WebLink/DocView.aspx?id=377747&dbid=0&repo=MeridianOU City of Meridian I Department Report VI. Exhibits E. Legal Description of Property Subject to the Amended Development Agreement EKHIBIT A ANNEXATION LIESCRIPTION FOR THE CITY OF MERIDIAN,IDAHO L&G MURGOITIO,LLC-PARCEL NO.2 A parcel located in the E h of the SE % of Section 6, Township 2 North, Range 1 East, Boise Meridlan,Ada County,Idaho,more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE of the SE ,from which an aluminum cap monument marking the northeasterly corner of the SE A of said Section 6 bears N 0'04'44"W a distance of 2655.72 feet; Thence N 89°21'59"W along the southerly boundary of Bald E�5 of the SE 1G a distance of 1323.88 feet to the southwesterly corner of said E%of the SE%; Thence N U'02'17"W along the westerly boundary of said E�i of the SE N a distance of 2655.45 feet to the northwesterly corner of said E 14 of the SF%; Thence S SF22'37" E a distance of 1321.98 feet to an aluminum cap monument marking the northeasterly corner of said E M of the SE%; Thence S 0°04'44" E along the easterly boundary of Bald E h of the 5E y4 a distance of 265532 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE. This descriptlon was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No Meld survey has been performed. Prepared by; Glenn K. Bennett,PLS PF1 Clv115urvey Consultants, Incorporated so � C�cto6er 13,2015 082 0 Of K. Meridian City Caunsil Meeting Agenda June 11.2019— Page 170 of 396 City of Meridian I Department Report VI. Exhibits EXHIS1T A SKETCH TO ACCOMPANK ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOC,4TED IN THE E 112 OF THE SF 114 OF SECTION 6, TOWNSHIP NC TI-1, RANGE 1 EA1 ST, SOISE MERIDIAN, AAA COUNTY,, I AH0 5 8.9�2:37" � T321.96' SCALF J=4pp' +r, PARCEL Jkcs a 4 CSC UMSI4 IPW ,5 S F 116 N 897 59" W 1.32.3.$8' 7 8 PONT OF p L LA,y� BEG+ViNl++i4G 5082 CIVIL SURVEY CONSLILTAWS, INC. 2803 SOUTH MERIDIAN ROAD 4' d7 MERIDIAN, IDAHO 8K42 (248)868-4312 Mendan City Council Meeting Agenda Juna 11, — Page 181 of 396 City of Meridian I Department Report VI. Exhibits F. Phased Transition Plan—REVISED Revisions shown in red box EXHIBIT tEL TRANSITION PLAN Timber Creek Recycling "Enginea6ng wastes to its highest and best use" Daze; December 3,2024 Phased Transition Plan for the Meridian Compost Site 7695 S. Locust Grove Rd Meridian, ID 8 642 City of Meridian I Department Report VI. Exhibits °�o of total Cheese Phase FOCUS 202Tirning WAS diverted Odor n Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4 1 on Weekends at the Meridian site! 7T Conduce experiments of Ca(cium Hydroxide,"lime"(Ca(OH)a1.add ition to Cheese WAS at Meridian site. (Comptate o Coordinate with Sorrento Lactalis on by procurement of equipment far addition December of"line"to Cheese WAS at Sorrento 2024) plant Dust o Effective November 1",no more ConcretelAsphatilTileJPorcelaind Brick accepted at the Meridian site Q1 Q2 Q3 o Continue regular dust control measures(i.e.water truck) Volume Q1 Qz Q3 o At least 25%of the inbound Cheese WAS diverted from the Meridian site zs Accountability o Present final Transition Plan to Q1 Q2 Q3 Q4 Meridian City Council o Begin drafting a Tier II Composting Facility"closure plan"for DEQ and CDH approval City of Meridian I Department Report VI. Exhibits Phase Focus 2025 Timing °Q of total Cheese WAS diverted Odor c Pilot,full scale addition of'time"to Qt Q2 Q3 Qd #2 inbound Cheese WAS at the Sorrento ttL Cheasa Plant 1 a Incorporate treated Cheese WAS into compost process at Meridian (Complete Site and monitor for effectiveness ay (01) December a ongoing coordination with orrento 2025) Lactali9 for addition of"Iime" o Fully implement"lime"addition to Cheese WAS as a odor control measure,so tang as testing was successful(Q2] Dust o Final crushing of CvncretafAsphalt/TilelPorceivin! Brick at the Meridian Site(Q1) I Q1 Q2 3 s` Continue regular dust controt measures(i.e.,water truck) Volume o Complete engineering for additional Q1 Q2 Q3 Q4 ASP pad(1 of 2)at the Nampa site (Q2) c; Additional ASP pad(1 of 2}under �!6 construction at the Nampa site(03l o Additional 25%of inbound Cheese WAS diverted from the Meridian site (Q4) Accountability c Quarterly inspections with Meridian Q1 Q2 Q3 Qd CitV Cade Enforcement c Closure signage posted(Q2) o Complete a draft ctcsure plan in coordination with CDH and DEQ City of Meridian I Department Report VI. Exhibits Phase Focus 2026 Timing %of total Cheese WAS diverted Odor n Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4 3 odor control measures Dust (Complete ❑ Continue regular dust control by measures(i.e.,water truck) Q1 Q2 Q3 � peCert3ber 2425) Volume o Complete ongineeringforadditionat ASP pad(2 of 2)(Q2) Q1 Q2 Q3 Qd a Addi#ional ASP pad{2 of 2)under construction at the Nampa site(Q3) 7oo4b c IDO%of the Cheese WAS diverted from the Meridian site(Q4) Accountability Quarterly inspections with Meridlan Q1 Q2 Q Q4 City Code Enforcement o Finalize Tier 11 Composting Facit)ty Closure Plan with IDEA and CDH(W) Phase Focus 2027 Timing % of total Cheese WAS diverted Odor No cheese WAS received at the Q1 Q2 #4 Meridian site Dust (complete o Continue regular dust control by mea5UreS(i.e.,vwatertruck) 30 June 2027) VO lLl t17 t3 o Sale or transfer of remaining tom` inventory Q1 Q2 o Movement of ccmpostfrecycLing materials and infrastructure off of the Meridian site Accountability a Quarterly inspection vAth Meridian City Codes QZ Enforcement:(Q 1) o Final site walk through with Meridian Code Enforcement (Q2) Final Tier Il site Close outwith CDH and aE 2 City of Meridian I Department Report VI. Exhibits Exhibit 2 SECOND MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L&G Murgoitio,LLC THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 204-92024, by and between the City of Meridian, a municipal corporation of the State of Idaho,hereafter called"City", and L&& G Murgoitio, LLC, an Idaho limited liability company, whose address is 6575 S. Locust Grove Road,Meridian,Idaho 83642 hereinafter called"Owner/Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the"Property"; and 1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property;and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho("Original Agreement'); and WHEREAS. the City and the Owner/Developer entered into that certain Modified Development Agreement, dated June 11, 2019, recorded as SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- T1 7!lrc-zv 19 0042-Page 1 cc«z 0002 17 48969 i 55663.0027.17148968.3 Instrument No. 2019-053058, Records of Ada County, Idaho ("Modified Agreement'),to amend the terms of the Original Agreement; and 18 WHEREAS, the City, Owner/Developer and Timber Creek(as defined below)have negotiated terms and conditions into this Agreement to clarify the uses permitted on the Property under the 9r3gia4-�Modified Agreement, and to allow for the continued use of the Property and the permitted future uses of the Property; and 1.9 44WHEREAS, the Cityan44he—,Owner/Developer-, and Timber Creek agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time*''this Agreement ands Modified gr-eo, etA were was approved and executed that are necessary for the continued and future use of the Property; and 1.10 4-.9WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed,if any,at this time or in the future; and 1 410WHEREAS, the Meridian City Council, on the day of , 204- 2024, approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B" and have been accepted by Owner/Developer and Timber Creek; and 1 444WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Original Development dat januany Zz6,2016,Teser-ded as 4nstmment No.Z2016 007075, R€serer Ada County,k1a ,.Modified Agreement; and 1.13 WHEREAS,the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily;and 1.14 4-.13WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City and from affected property owners. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: SECOND MODIFIED DEVELOPMENT AGREEMENT- L&G Murgoitio,LLC- T1 2019 0042-Page 2 cc«z 0002 17 48969 i 55663.0027.17148968.3 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a parry to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s)of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s)of property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- T1 7!lrc-zv 19 0042-Page 3 cc«z 0002 17 48969 i 55663.0027.17148968.3 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, brocessin� or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an"agricultural operation", as defined in Idaho Code § 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles (registered and unregistered),and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Operate Timber Creek Recycling ("Timber Creek") on the portion of the Property ("Recycling Property") outlined on the site plan ("Site Plan") attached hereto as Exhibit "C" and incorporated herein, as is eeffently eendueted or- may be in f-h-Le. whether under the name of Timber Creek Recycling or another name or entity, f6f a maxim-um period of ten (10) years �em the date the City Gotmeil appfoves Commented[]C1]:This the ,7 A Upon the F�h /1 m year ,] 11 language was moved to Section the signed Agr-eerneat. Upon the expiration of the ten(10) p�}erio ,-all 6.14 Recycling Activities (as defined below in Seetion .c G shall cease; 'led, however-, tha4 Timber- Creek fnay stibmit a-H applieatien to the City !`.bile. ♦A- tho ReeY,.lifi. A etiy;t;o4 .Ind Moton:ni..o.A,hotho.-to .t Timber-Creek� the D li A tip t' Timber-C ek pcizrrc�rrrnvcr-crcczr E6i}tli}ti� �cccper'rir�-rrc ��ic�:rniivci-ccc SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— T1 20 trc-zv 19 0042-Page 4 cc«z 0002 17 48969 i 55663.0027.17148968.3 shall sttb .;t the request for-r-eviewo We-than one (1) year-prior-to the may, a4 the City Geuneil's sole diser-etion! a) eleet to gm-PA eF Fefuse to on the Reeyeling Woperty-past-the initial-ten (18) y€ar period; and b) should additional time be .,-.. „to.l ro ffioFe f diffe e ..t ,i.l;tions on- the Reeyeling Pr-apefyy beye,,,1 tllo in t:,,l to (1 m year- time period then t the City Couneil's direetien-and by the date deteffnified by-th&-C4ty !'',...,..,.:1 the Recycling A etiy t:es shall eease and all,v..,to,ialsequipffiepA-, ag ic�iltufal us&eonditien—ln the—event the City Council giants Timber C' Fh,pk .ddit:..na fifne to ,. «.duet the Reey,.ling A etiyities .,fte f the :..,;t:.,l 0af per-ied, then the G4y Getmeil fnay 0 Aetivities upon the expiFafien of the additional fifne in aeeoFdanee with 5. OpeFaflOfl of Timber- C-Feek subiect to the provisions of Section 5 and Section 6 of this Agreement. _ OPERATION OF TIMBER CREEK RECYCLING. As set forth in Section 4.8 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek's operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives or may receive the fellowing-aMmaterials (collectively "Recycled Materials") which Timber Creek currently uses, or may in the future use, for Recycling Activities(defined below):;provided,however,that Recycling Materials will not include any materials prohibited by the Idaho Department of Environmental Quality ("IDEO") and the Central District Health ("CDH"), nor will Recycled Materials include biosolids_as this term is defined by IDEO. 5 2 Recycling Activities. 5.1.1 Wood. Weed is and will be delivefed to the Reeyeling Wepef4y f;-o ffl tl,o n d County Landfill,f;ll n o..4lie Sefyiees and„the-r- 5�.2 GiuSS. Grass ,.lippings are and will be delivered to the Do,..,,.1ing n..,petty f:-.,m Rept l.,lie Seryiees and the f SECOND MODIFIED DEVELOPMENT AGREEMENT- L&G Murgoitio,LLC- H 201rc-zv19 0042-Page 5 cc«z 0002 17 48969 i 55663.0027.17148968.3 5.1.3 Leaves. Leaves arewill be delivered to the Reey^cling 5.1.4 Sheetrock. Sheetmek and/or- gypsum is and will be defiveFed to 5.1.5 Food Waste. Food waste willil the Reey,.1:, g 5.1.6 Car-den Waste. Garde t ;1� vvrl be deliivefed to the Reeyelinrg 5..17vthe Materials.Timber- CTeekis—allowed—to—aeeept�thef niater-ials to r-eeyele whiek are of the same eategofy as the materials identified in Seetions 5.14 5.2.1 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Recycled Materials on the Recycling Property ("Recycling Activities"). or pufposes of^1^.;t., but not limitation, the following ^ examples of the ; provided, however. that the Recycling Activities will not include any activity that is prohibited by IDEO or CDH on the Recycling Property. Examples of Recycling Activities which are permitted on the Recycling Property: include, but are not limited to, grinding, screening, composting, and storing of Recycled Materials (both before and after Recycling Activities) and the processing, transporting and selling of Recycling Materials for feed for livestock or other agricultural poses. 5.2.1 a;r-inding The Reeyeling Materials may be gr-ound and per-fefm ie , fidi , 5.2.2 SeFeeHiRg The D effe ifig M to-ials before and after- may be sereened. Sereening of any Reeyeling Materials may inelude the use of , boxes,trommels, hopper air systems, loader-s and other- equipment necessary to ser-een the Recycling T T-tZ—T-^1s ffem the Reeyeling Pr-epefty for-feed for-livesteek E)r-other-agr-ieuhur-al uses, a-ad may be sold an the Roeyeling PropeAy or to third pat4ies. 5.2.4 Composting The Reey,.ling AiT..t^,-ials may be eomposted on the uses or ether-wise, and may be sold on the Reeyeling PrepeFty or-to third parties. Compost piles shall be maifAained ift a fna+mef that does not ea-use of efea4e a ii+tisanee eendition ifieludifig,b SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— T1 201rc-zv19 0042-Page 6 cc«z 0002 17 48969 i 55663.0027.17148968.3 not lifnited to, edef, ethef fraisanee and'of other eonditioiis relative to inseets of! disease that publie health and sa�� as set fefth in Mefidian City Cede 4 1 10. in additien te the remedies -av-Ailf-Ah-le ah-r-ough the enfe-re-ot-affi-ea.4fit of this Agreement, the City may seek enfer-eement thfoug 5.2.2 Storing of Recycling Materials. The Recycled Materials—, both befer-e and after- pr-eeessiag,-- shall be stored on the Recycling Property abefore processing-. After processing the Recycled Materials may be stored or used on the balance of the Property. keep them &am beeeming a publie auisanee �s Elefine-A in _A14_e_-,Fid_JA_fl_ City Code (MGG) 4 2 1,1 Commented[3C2]:Moved pr-oeedtir-es and penalties for- general nuisanees are listed in MCC 4 2 4. in addition to the to the new Section 6.9.5 remedies available through the enfomement of this Agr-eement, the Civy may seek enforcement 5.2.3 Miscellaneous Recycling Activities. Eftg-age-Timber Creek may engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders,tractors(with implements),fgr-k li€tsforklifts, and other heavy equipment, preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.4 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support,or are in furtherance of the Recycling Activities ("Related Activities"). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. Compliance. 5.3.3 Cem"�E2 with all federal, state and local entities with urisdiietieR Commented[7C3]:Moved to the new Section 6.2 SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— H 20trc-zv19 0042-Page 7 cc«z 0002 17 48969 i 55663.0027.17148968.3 Agrieultue, the Ada County Air-Quality Board, and the 1daho DepaFtment of Water G-e—Mr-al -Distric-# We-akh 1)epaFtFnent, U.S. Envir-onmental Protection Agency, U.S. Depaftment o The City may eonsidef a finding by one of these named ageneies ef viola4iens of theif r-egula4ions to be a eause for-a viela4iaa of this Agreement. Timber- Creek shall t ( Complwith eenditions imposed on it by any and 11 of afoFementioned entities with jufisdietion relating to (b) Comply with n-iic the to ,1 � ela iag to t,,o cn� S—can�rc ti6nS� cnc Reey,.1ing 1\R.,to,-;.,1s .,r the Reey,.1ing A etiyit;os ..4.;..1. ,v. be—adopted, evised or- r-e interpreted by anyd! of afoF0mentione l entities with jur-isdietion; and al!of aforementioned entities with jur-isdietion. 5.3.3 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include,but are not limited to,mulch,compost,bark,playground chips, sand, stone,etc. 5.4 Retail Sales. Within the area on the Site Plan marked "Retail Sale" ("Retail Area"), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: (a) April—October: a. Monday—Saturday: 8:00 a.m.to 6:00 p.m. b. Sundays: Closed (b) November—March: a. Monday—Saturday: 9:00 a.m.to 4:00 p.m. b. Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: (a) Commercial vehicles,as defined in Idaho Code §49-123(d). SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— T1 20lrc-zv 19 0042-Page 8 cc«z 0002 17 48969 i 55663.0027.17148968.3 (b) Vehicles with more than two (2) axels; provided, however, that a trailer pulled by a two(2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips, and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers,including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following : a) a scale house with approximate dimensions of forty five feet by fifteen feet (45'xl5'); b) a restroom with approximate dimensions of twenty feet by eight feet (20'x8')with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute"development"as defined in Section 3.4. 6. Conditions and Limitations to Operation of Timber Creek- ReeyetingCONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER CREEK RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's operation on the Property,Timber Creek shall comply with the following conditions on its operation: 6.1 Extent of Operations on Property. Timber Creek's Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may use processed Recycling Materials on the balance of the Property. 6.2 Compliance, Timber Creek shall comply with all federal, state and local entities with jurisdiction, including, but not limited to IDEQ, CHD, Department of Agriculture, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: 6.2.1 Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; 6.2.2 Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted,revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- T1 7!lrc-zv 19 0042-Page 9 cc«z 0002 17 48969 i 55663.0027.17148968.3 6.2.3 Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 5 ICompostingl. Composting on the Recycling Property shall be conducted in commented[Jc4]:The accordance with applicable law, rules and regulations. 6.6,Section 6.9 and Section 6.1.1 revisions to the new Sections 3- pp � 3 would re,,,,:re appr- vat as Timber Creek has obtained the necessary approvals to operate a Tier 2 have been revised to reflect the composting facility Timber- Creel' shall satisfy all re a is e,] e„mpos - Tier 7 a sting completion of the requirements empset forth in the corresponding f6eilities by the 1daho DepaAment of Environmental Quality ("DEQ"). Timber Creek shall Sections in the Modified proside pfoof of sat;sfae fien of DEQ's requirements to the City prior- to composting a and is Development Agreement. currently operating a Tier 2 composting facility. on the Recycling Property. In the event of any change in Timber Creek's approvals for the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide notice of such changes to the City. In connection with operating as-a Tier 2 facility on the Recycling Property,Timber Creek shall: 6.3.1 Odor Management. Adel arrContinue to operating under the odor management plan as-i I '11 Ti -r- 2 approval pr-eeess that satisfies DEQ. Upon bei*g hich has been approved by IDEO. In the event of a change to the odor management plan, Timber Creek will provide a copy of the revised odor management plan approved by SIDE to the City. 6.3.2 Compliance with DEQ and Central District Health. Comply with all requirements of " IDEQ and CDH as part of the Tier 2 approval process. , Timber Creek shall cooperate with DEQ I LQ=and CD14D-CDH and permit monitoring of the composting operation and to resolve any compliance issues. 6.4 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek's Recycling Activities: 6.4.1 Mufflers. Timber Creek will ae"ife and in tar maintain a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. Timber Creek shall provide notiee to the City upon the installation of the filuffler-s. 6.4.2 Landscaping. Timber Creek �T�it�maintain the trees and other landscaping features on the Recycling Property iii a t of er as pr-es^r:hea 4^ ; which were installed in accordance with MCC 11-3H-4D, , to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landseaping shall be installed 19rier to ean*nten-e-effi-eint of Tier- 2 eempasting -provided that the pilet programs faf landseaping or befms as shown on the site plan. Tiffibef Creek shall provide notiee to the G4Y when the!andseapiag set fei4h ift this Modified Agfeemef4 has been installed. SECOND MODIFIED DEVELOPMENT AGREEMENT- L&G Murgoitio,LLC- H 7!ln co 18 0042-Page 10 cc«z 0002 17 48969 i 55663.0027.17148968.3 6.5 Hours of Operation. Recycling Activities on the Property will be limited to the following: 6.5.1 (a)Monday—Friday: 7:00 a.m.to 6:00 p.m. 6.5.2 (b)Saturday: 8:00 a.m.to 6:00 p.m. 6.6 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber-Gr-eek wil :�1 Iandseaping. Timber- Creek eaWly with the 0 . . Materials.—Timber Creek will keep the height of piles of Recycling Materials at the greater of: a)twenty-five (25) feet, and b)the height permitted by the Meridian Fire Department under applicable code,regulations and rules. 6.7 Dust Abatement. 6.7.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.7.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.7.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.7.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.7.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.7.6 6.5 6Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-5B-1. 6.$ Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u 7!ln co 18 0042-Page 11 cc«z 0002 17 48969 i 55663.0027.17148968.3 6.8.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention,odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section 6-.66.8, and shall not constitute a nuisance. 6.8.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6�.3 Truck Limitation. No morefifty- ix (56) Truekloads--o Reeyeling Ma4efials will be delivered te the Reeyeling Pr-epef�y pef day. For- ptlfpeses of this u » f shall mean my tfttek or-vehiele eaffying ten (10) or-more e4ie yards „1ari fie do e the following do not qualify., a T,- ekl.,ads- of the Propervy sueh as deliver of feed,, liyestoef, equipment,feed,waste or-fet4ilizer-; eanying Reeyeling Materials; and Reeyeling Materials for agrieultur-al uses, 6.9 Agency Requirements/Recommendations. Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.9.1 Fire. (a) Emergency Plan. Timber Creek shall pfepar-e and delivef afr,.omnly with the emergency plan previously delivered to the Meridian Fire Code Official. Timber-G-eek shall neti the City upon approval of the emer-geney p�'--. (b) Process Hazard Analysis. Timber Creek shall prepare a process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11-17 (2015) and deliver to the Meridian Fire Code Official, if required by the Meridian Fire Code Official. SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u 7lllrr zo 18 0042-Page 12 cc«z 0002 17 48969 i 55663.0027.17148968.3 6.9.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. 6.9.3 Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services,upon advance notice. 6.9.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. 6.8 x cx xnxnucxv'xx of Reeyeling AetWiflesj. The I7cEEyEIi}}g Aetiv}t}csg}} t]}e ;.-' Commented[3C5]:Moved Reeyeling Property will eease,tmiess pefmitted in the UDG,upon the earliest of the following to to the new Section 6.15. 6 8.1 Conveyanee to Third Party. Upon the eonv'eyanee—of the > pfevided, hewever, family member- of mi-y member- of the Owaer,'Develapea-r a-F Tiffi-b-tef Gr-eek; or- 3) to an affiliate entity, will not trigger-the elimination of the Reeyeling Aetivities. For-purposes of this Seetion ccaffiliated entity" is an entity: (a) w-hieh is a sueeessor-to Owner4Developer- or-Timber 6$2 Development of Adjacent PFOpert., Withit .>,iAy (30 Elay f written notiee that the City has granted a Cei4ifieate of Oeettpaney to any new residential Of eommereial development within 1000 feet of the Reeyeling Property, as approximately depiete on the attaehed Ex4iibit "C", being delivered to Timber Creek. For purposes of this Seetion 6.8.2,a"new residential or-eommer-eial develepment"shall faeEm real pr-epefty whieh has� (a) Been annexed iffto the City; City Code, exeepting however any real property subdivided by a short plat under-Meridian City Code 11 6B 6;• an SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u 7lllrr zo 18 0042-Page 13 cc«z 0002 17 48969 i 55663.0027.17148968.3 in no event will the issuanee of a GeAifiea4e of Oeeupaney for-any stfuetue existing as o 6.9 Tolling of Deadlifles. In the event the ,^, ^f Uhis Agreement is ehallenged, eontested of appealed, in any manner-, the deadlines imposed on Timber-Gfeek under- this Seetion 6 shall be tolled until all ehallenges, contents and appeals have been eompletely and finally resolved-. 6.9.5 Nuisance. Timber Creek shall not keen the Recycling Pronertv and all associated grounds in a manner that constitutes a public nuisance. as defined in Meridian City Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2- 4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8. 6.11 Mechanical Equipment. All mechanical equipment (excluding all private or commercial vehicles) and opemtiepis-,-power-driven processing equipment and operations on the Recycling Property shall be locate I-operated at least 300 feet from abutting residential districts. All shipping and delivery areas, storage and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian. 6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable materials is prohibited on the Property. 6.13 Site Plan. •r;,,be f 'reek shall provide ^ detailed site !an, as " Attached hereto as Exhibit"C" is a site plan which: a)defines the Property; b) defines the Recycling Property-; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the general-current location of the equipment to be used for the Recycling Activities. Timber Creek may change the location of the equipment to be used for the Recycling Activities so long as the equipment is operated within the Recycling Property. The Recycling Property shall not exceed the identified thirty-six (36)acres in total. 6 14 Termination of Composting. All composting on the Recycling Pronertv will cease upon the earlier of the following to occur: SECOND MODIFIED DEVELOPMENT AGREEMENT- L&G Murgoitio,LLC- u ''0n 042-Page 14 cc«z 0002 17 48969 i 55663.0027.17148968.3 6.14.1 Five (5) years from the date the City Council approves the signed Agreement. Upon the expiration of the five (5) year period, all composting on the Recycling Property shall cease: provided, however. that Timber Creek may submit an application to the City Council to review the composting and determine whether to permit Timber Creek to continue composting on the Recycling Property. Timber Creek shall submit the request for review no later than one (1) year prior to the expiration of the five (5) year period. Upon review. the City Council may, at the City Council's sole discretion: al elect to grant or refuse to grant additional time to Timber Creek to conduct composting on the Recycling Property past the initial five (5) year period: and b) should additional time be granted, require more or different conditions on the composting. If the City Council does not elect to grant Timber Creek additional time to conduct composting on the Recycling Property beyond the initial five (51 year time period then, the composting will cease upon the expiration of the five (5) year period. In the event the City Council grants Timber Creek additional time to conduct the Recycling Activities after the initial five(5)year period, then the City Council may review the compositing upon the expiration of the additional time in accordance with the foregoing procedures, conditions,and timelines. 6.14.2 Upon the termination of all Recycling Activities on the Recycling Property,as required by Section 6.15. 6.15 Termination of Recycling Activities. The Recycling Activities on the Recycling Property will cease, unless permitted in the UDC, upon the conveyance of the Recycling Property to a third party. Notwithstanding the foregoing, the following types of conveyances will not trigger the cessation of Recycling Activities on the Recycling Property: 11 any conveyance via intestacy or other estate planning devise or instrument: 21 to an immediate family member of any member of the Owner/Developer or Timber Creek: or 31 to an Affiliated Entity. For pWoses of this Section 6.15, an "Affiliated Entity" is an entity: (a) which is a successor to Owner/Developer or Timber Creek by either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer or Timber Creek's assets or membership interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer: or controlling Owner/Developer or Timber Creek. Additionally, if the Recycling Property is conveyed to a developer who plans on developing the Recycling Property, Timber Creek may continue to engage in the Recycling Activities for as long as the developer allows Timber Creek to perform the Recycling Activities on the Recycling Property. 6.16 Tolling of Deadlines. In the event the approval of this Agreement is challenged, contested, or appealed, in any manner,the deadlines imposed on Timber Creek under this Section 6 shall be tolled until all challenges, contents and appeals have been completely and finally resolved. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u 70 2-Page 15 cc«z 0002 17 48969 i 55663.0027.17148968.3 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan (including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to,the extension of- (a) Water Mains; and (b) Sewer Mains; and (c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit"D", incorporated by reference to this Agreement. SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- u 70 2-Page 16 cc«z 0002 17 48969 i 55663.0027.17148968.3 8.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 8.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above— described timelines for completion of the Utility Extension are subject to the following conditions: (a) Acts of God;or (b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or (c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or (d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or (e) Economic limitations,as prescribed by law;or (f) Permitting limitations or denials; or (g) The inability to acquire the necessary easements for the Utility Extension;or (h) Geology and/or geography of the area; or (i) Weather conditions that may cause delay; or (j) Unavailability or delay of materials for the Utility Extension; or (k) Review or delay by other agencies needed for approvals of the Application or Utility Extension; or (1) Labor disputes, strikes,work stoppages; or SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— H 7!liz co 18 0042-Page 17 cc«z 0002 17 48969 i 55663.0027.17148968.3 (m) Limitations by other governmental, semi-governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or (n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. 8.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections 8.2(a) to 8.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC. 9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement,this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period. In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting party written notice thereof. The parry given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Remedies. 9.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sole SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- u 70 2-Page 18 cc«z 0002 17 48969 i 55663.0027.17148968.3 remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de-annex the Property. 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement,at its cost and expense. SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u 70 2-Page 19 cc«z 0002 17 48969 i 55663.0027.17148968.3 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements,which the Owner/Developer agrees to provide,if required by the City. 13. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed,and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings,this Agreement,and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian,Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian,ID 83642 OWNER/DEVELOPER: L&G Murgoitio,LLC 6575 S. Locust Grove Road Meridian,Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u 70 2-Page 20 cc«z 0002 17 48969 i 55663.0027.17148968.3 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. Upon the execution of this Agreement. the Original Agreement and Modified Agreement are terminated and of no further force or effect. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u 70 2-Page 21 cc«z 0002 17 48969 i 55663.0027.17148968.3 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Agreement and is executed by the Mayor and City Clerk. [SIGNATURES ON FOLLOWING PAGE] SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- u 70 2-Page 22 cc«z 0002 17 48969 i 55663.0027.17148968.3 IN WITNESS WHEREOF,the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L&G Murgoitio,LLC Date: By: Name: Title: CITY OF MERIDIAN: Date: By: Mayor Taffff y rye WeefaRobert Simison ATTEST: G.jay ColesChris Johnson, City Clerk SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— H 70 2-Page 23 cc«z 0002 17 48969 i 55663.0027.17148968.3 STATE OF IDAHO ) )ss. County of Ada ) On this day of MayAugust, 2024,before me a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L& G Murgoitio,LLC,or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2024, before me, a Notary Public, personally appeared Tammy De—Mleerd and C. ay ColesRobert Simison and Christ Johnson, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u ''0n 042-Page 24 cc«z 0002 17 48969 i 55663.0027.17148968.3 SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- u 70 2-Page 25 cc«z 0002 17 48969 i 55663.0027.17148968.3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- u 70 2-Page 26 cc«z 0002 17 48969 i 55663.0027.17148968.3 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC- u 70 2-Page 27 cc«z 0002 17 48969 i 55663.0027.17148968.3 EXHIBIT C SITE PLAN I � ;a DRAFT � 1 SECOND MODIFIED DEVELOPMENT AGREEMENT— L&G Murgoitio,LLC— u 70 2-Page 28 cc«z 0002 17 489694 55663.0027.17148968.3 Exhibit 3 SECOND MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L&G Murgoitio,LLC THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 204-12024, by and between the City of Meridian, a municipal corporation of the State of Idaho,hereafter called"City", and L&& G Murgoitio, LLC, an Idaho limited liability comnanv, whose address is 6575 S. Locust Grove Road,Meridian,Idaho 83642 hereinafter called"Owner/Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A"—which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the"Property"; and 1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho("Original Agreement'); and 1.73AIKEREAS, the City, O�A%eE/Develeper-and Tiff�ber-Greek(as defined below) SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 "" 2--H- 2024-5533 -Page 1 55663.0027.17778634.4 55663.0027.17778634.3 0 s peFmitted undef the Original Agreement, to allow for- the eontinued use of the Pr-opef�y and the pefmit4ed futufe uses of the Pr-epefty; and 1�7 WHEREAS, the City and the Owner/Developer entered into that certain Modified Development Agreement, dated June 11, 2019, recorded as Instrument No. 2019-05 0058, Records of Ada County, Idaho ("Modified Agreement"),to amend and replace the Original Agreement: and 1.8 WHEREAS, the City. Owner/Developer, and Timber Creek agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time this Agreement was approved and executed that are necessary for the continued and future use of the Property: and 19 4-.8WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1 1Q "WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed,if any,at this time or in the future; and 1.11 440WHEREAS, the Meridian City Council, on the day of �92024, approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B" and have been accepted by Owner/Developer and Timber Creek; and 1.12 441-WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Original Deye1 pme fft dat a Ada County,Ida- eModified Agreement; and 1.13 443WHEREAS,the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.14 444WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, SECOND MODIFIED DEVELOPMENT AGREEMENT-L & G Murgoitio, LLC -14 "" 2-H- 2024-5533 -Page 2 55663.0027.17778634.4 55663.0027.17778634.3 herein being established as a result of evidence received by the City and from affected property owners. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s)of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s)of property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 3 55663.0027.17778634.4 55663.0027.17778634.3 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, processing or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an"agricultural operation", as defined in Idaho Code § 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles (registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Operate—Allow Timber Creek Recycling—, LLC ("Timber Creek') to o on the portion of the Property("Recycling Property")outlined on the site plan("Site Plan")attached hereto as Exhibit"C"and incorporated herein, as Timber Creek is currently eeadueted—operatine or may be eoadu,-4ed-o e�in the future, whether under the name of Timber Creek SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 7nlrrav18 0042—H- 2024-5533 -Page 4 55663.0027.17778634.4 55663.0027.17778634.3 Recycling , othe f name ef entity, for- maximzaffl period f for (1 m (as defined below in Qeetion 5.2) shall eease; provided however-, t; Timber-Crook m submit., plie.,tio to the City C..,,r e l to review the Reeyelii g A etiy ties ra detor..aine whether to permit T;m of Crook to year- period. Upon review, the City Gatineil may, at the Git, - ... sole diser-etien- ) eleet-te gram or r-efuse to grant addition-altime to Timber Creek to een"et the Reeyeling Aetivities oii the Reeyefing Pr-epefty past the initial ten(10)year-per-ied; and b) shetild additieftal time Aetiyities. r- tt,o City Getmeil a,.os Heat olo,.t t grant Timber- Crook l.eyei,l the initial for (10) year- time period thei .,t the City Geth e l's xA-zetiyities shall eease a-ad--call materials, eat, stmettric"Site fnedifieations, ete. assec�ated vAith the-Reeyefing-Ae ivoyshall be "use/eeiiditien In the event the City Cetffieil gr-ants Timber GrcFJ1c upen-the e atienoftl-te additianal time in-meer-danee with the foregoing-preeeduff eonditionss and timelines.-subject to the provisions of Section 5 and Section 6 of this Agreement. 5. Operation of Timber- Creek n.,eyelingOPERATION OF TIMBER CREEK RECYCLING. As set forth in Section 4.8 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities,but not all activities,related to Timber Creek's operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives or may receive the following materials (collectively "Recycled Materials") for Recycling Activities (defined below): 5.1.1 Wood. Wood is and will be delivered to the Recycling Property from the Ada County Landfill,Republic Services and other sources. 5.1.2 Grass. Grass clippings are and will be delivered to the Recycling Property from Republic Services and other sources. SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 201 2—H- 2024-5533 -Page 5 55663.0027.17778634.4 55663.0027.17778634.3 5.1.3 Leaves. Leaves are and will be delivered to the Recycling Property from the Ada County Landfill and other sources. 5.1.4 Sheetrock. Sheetrock and/or gypsum is and will be delivered to the Recycling Property from Republic Services and other sources. 5.1.5 Food Waste. Food waste-. including Cheese Whey WAS. will be delivered to the Recycling Property from Republic Services and other sources. 5.1.6 Garden Waste. Garden waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.7 Other Materials. Timber Creek is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 5.1.1 through 5.1.6 or are intended for agricultural uses. 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Recycled Materials on the Recycling Property ("Recycling Activities"). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including,but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 6 55663.0027.17778634.4 55663.0027.17778634.3 available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Recycled Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. IrThel f 6ailni�. u,xnar cnrc aSS.roOv;c Boa .,OUREIS Shc-Allc .o Commented[3Ci]:Moved maintained in an orderly manner to keep them from beeeming a publie nuisanee as defined in to Section 6.9.5. Mer-idian City Code (MCG) 4 2 1; pFeeedur-es and penalties for- general nuisanees aFe listed in . . Miscellaneous Recycling Activities. Timber Creek may engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), €ar-k li€tsforklifts, and other heavy equipment,preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support, or are in furtherance of the Recycling Activities ("Related Activities"). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 "" 2—H- 2024-5533 -Page 7 55663.0027.17778634.4 55663.0027.17778634.3 �cvrirp:raac �.3 vmprrcli3Ee with all federal, siz'kte-and rivcfrreatztigS ,..-" C0111111ellted[7C2]:Moved to Section 6.2. > U.S-. Water-Resourees. The City may eonsider-a finding by one of these Hafned ageneies of violations ef their regulatieiis to be a eause for a viela4ion of this Agr-eenient. TimbeF CFeek shall take any .+;vn+, itczr -cam aforementioned entities with jtir-isdietion r-ela4iag to (a) Comply with eendifiefts impesed en it by any Effid all ef (b) Comply with the rules and _ I - elating to thee ov.titios. ,;+1. isdi.ti,.n. ..,4-.1 (e)Ctife or- Eerfeet defieieneies of issues idenrtifiea by anyand al!of aforementioned entities with jurisdietion. 5.3.3 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include,but are not limited to,mulch,compost,bark,playground chips, sand, stone,etc. 5.4 Retail Sales. Within the area on the Site Plan marked "Retail Sale" ("Retail Area"), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: (a) April-October: a. Monday-Saturday: 8:00 a.m. to 6:00 p.m. b. Sundays: Closed (b) November-March: a. Monday-Saturday: 9:00 a.m. to 4:00 p.m. b. Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: SECOND MODIFIED DEVELOPMENT AGREEMENT-L & G Murgoitio, LLC -14 "'l 2-H- 2024-5533 -Page 8 55663.0027.17778634.4 55663.0027.17778634.3 (a) Commercial vehicles,as defined in Idaho Code §49-123(d). (b) Vehicles with more than two (2) axels; provided, however, that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips, and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers,including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following-: a) a scale house with approximate dimensions of forty five feet by fifteen feet (45'xl5'); b) a restroom with approximate dimensions of twenty feet by eight feet (20'x8')with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute"development"as defined in Section 3.4. 6— Conaition-s and Liimritations to Operation of Timber Creek RecyetingCONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER CREEK RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's operation on the Property,Timber Creek shall comply with the following conditions on its operation: 6.1 Extent of Operations on Property. Timber Creek's Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may use processed Recycling Materials on the balance of the Property. 6.2 Compliance. Timber Creek shall comply with all federal, state and local entities with jurisdiction, including,_but limited to the Idaho Department of Environmental Quality ("IDEO"), the Central District Health Department ("CDHD"), Department of Agriculture, U.S. Environmental Protection Agency, U.S. Department of Agriculture. the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a conviction or final order by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: SECOND MODIFIED DEVELOPMENT AGREEMENT-L & G Murgoitio, LLC -14 "" 2-H- 2024-5533 -Page 9 55663.0027.17778634.4 55663.0027.17778634.3 6.2.1 Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities: 6.2.2 Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted,revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and 6.2.3 Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 6.3 ICompostingl. Composting on the Recycling Property shall be conducted in commented[7c3]:The accordance with applicable law, rules and regulations. revisions to the new sections 6.3- pp � 6.6,Section 6.9,and Section 6.13 wouldr-e"ir-eappr-eval as Timber Creek has obtained the necessary approvals to operate a Tier 2 are to reflect the completion of composting facility Timber- Creek shall satisfy al eats imposed ^" Tier- 2 eOMPg^S+fl the requirements set fort in the corresponding Sections in the f4eilities by the idaho Depaftment of Eiwir-onmental Quality ("DEQ"). Timber Creek shall Modified Development vide proof of satin aeti.n of DEQ's fe ents to the City prior- to e „stin' ^ and is Agreement. currently operating a Tier 2 composting facility. preeess-ate on the Recycling Property. In the event of any change in Timber Creek's approvals for the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide notice of such changes to the City. In connection with operating as-a Tier 2 facility on the Recycling Property,Timber Creek shall: 6.3.1 Odor Management. Adept-atrContinue to operate under the odor management plan hich has been approved by IDEO. In the event of a change to the odor management plan, Timber Creek will provide a copy of the revised odor management plan approved by DEQ-IDE to the City. 6.3.2 Compliance with DEQ—IDE and Central District Health. Comply with all requirements of DRQ and the Central Dist jet Health Depa tme WIPIQ and CDHD" =as part of the Tier 2 approval process. , Timber Creek shall cooperate with DEQ-IDEA and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.4 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek's Recycling Activities: 6.4.1 Mufflers. Timber Creek will maintain a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. Timbef Creek shall provide notiee to the City upon the in-st-All-Ati AM-;-of the ff mfflers. SECOND MODIFIED DEVELOPMENT AGREEMENT-L & G Murgoitio, LLC -H "'t 2-H- 2024-5533 -Page 10 55663.0027.17778634.4 55663.0027.17778634.3 6.4.2 Landscaping. Timber Creek wi maintain the trees and other landscaping features on the Recycling Property ' ,which were installed in accordance with MCC 11-3H-4D, as :s depieted en the Site A ., to mitigate the sound generated on the Recycling Property by the Recycling Activities.Said 4ndseaping shall be installed prier to eommeneement of Tier 2 eomposting pr-ovided that the pilot programs for- obtaining Tie- 2 designation, required by DEQ ffiF13 to the ..ist.,llat-i ,, A4 the'landseaping OF befms as shown on the site plan. Timber-Creek shall pfevide flofiee to the Cit-y when the landseaping set f6fth in this Medified Agr-eefneat has been installed. 6.5 Hours of Operation. Recycling Activities on the Property will be limited to the following: 6.5.1 (OMonday-Friday: 7:00 a.m. to 6:00 p.m. 6.5.2 (Saturday: 8:00 a.m.to 6:00 p.m. 6.6 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber- ee' wil :6.4.' Landscaping. Tinimbef Cfeek will eoniply ; . . . Timber Creek will keep the height of piles of Recycling Materials at the greater o£ a)twenty-five (25) feet, and b)the height permitted by the Meridian Fire Department under applicable code,regulations and rules. 6I Dust Abatement. 6.7.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.7.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.7.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.7.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. SECOND MODIFIED DEVELOPMENT AGREEMENT-L & G Murgoitio, LLC -14 "" 2-H- 2024-5533 -Page 11 55663.0027.17778634.4 55663.0027.17778634.3 6.7.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.7.6 63.6Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-513-1. ($ Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 6.8.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention,odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section "6.8, and shall not constitute a nuisance. 6.8.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6.8.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, "Truckload" shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification,the following do not qualify as a Truckloads: (a) Vehicular traffic associated with the agricultural use of the Property such as delivery of feed, livestock, equipment and fertilizer or the removal of crops, livestock, equipment, feed,waste or fertilizer; (b) Vehicles to and from the Retail Area; (c) Vehicular traffic to and from the Property not carrying Recycling Materials; and (d) Vehicular traffic from the Property delivering Recycling Materials for agricultural uses. 6.9 Agency Requirements/Recommendations. Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.9.1 Fire. SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 "" 2—H- 2024-5533 -Page 12 55663.0027.17778634.4 55663.0027.17778634.3 (a) Emergency Plan. Timber Creek shall pfepafe and deliver an—with comply with the emergency plan areviously delivered to the Meridian Fire Code Official. Timber Creek shall notify the City upon a ,.l of 4w provide the City with an updated or revised emergency plan and comply with the updated ore revised emergency plan. (b) Process Hazard Analysis. Timber Creek shall prepare a process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11-17 (2015) and deliver to the Meridian Fire Code Official, if required by the Meridian Fire Code Official. 6.9.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. fi&J Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services,upon advance notice. 6.9.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. 6.8 !Term 0n utio'n of Dccyelning rctWxties The R€Eycli3g Activities 63 tl3@ ,..-=' Commented[JReeyeling Pr-epeAy will ee i4ted in the UPC,upon the eafliest of the following to C4]:Moved to Section 6.14. . .1 r,,,,vey ee to Third Party Upon the eenveyanee of the > pfevided, > "affiliated that the eonveyanee of the Reeyeling family member- of a*y member- of the Owner-/Develeper- or- Timber- Creek; or- 3) to an affilia4e eatity, will flat trigger- the '01-i-mination of the Reeyeling Aetivities. For-pur-poses of this Seetieff entity" is an entity: (a) w-hieh is a sueeessor to Owner4D&veloper- of Timber- ('reek by ethermerger- eonsolida4ieiior- pufsuant to sale of all of substantially all e f SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 7nlrx rvry voT2—H- 2024-5533 -Page 13 55663.0027.17778634.4 55663.0027.17778634.3 eir the-attaehed-'~Aib t "C", being delivered Timber- Gfeek For- fposes- of this Seresidential designation of R 4 of stien , (s) 14asr l.,l;.,:,lo,l vrd-Anne-;1*4-tt Meyi Code,City by a short plat tmder Mefidian City Code 11 6B exeepting however-a"real property subdivide and 6.9 Tolling of Deadlines. In event the cra9Trgrecnxcir«S this Seetien 6 shall be tolled until all ehallenges, eentents and appeals ha-ve been eompletely and finally feselved-. 6.9.5 Nuisance. Timber Creek shall not keep the Recycling Property and all associated grounds in a manner that constitutes a public nuisance, as defined in Meridian City Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2- 4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8. 6.11 Mechanical Equipment. All mechanical equipment (excluding all private or commercial vehicles) and epemtions-,power-driven processing equipment and won the Recycling Property shall be loeate 1--gn ated at least 300 feet from abutting residential districts. All shipping and delivery areas, storage and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian. 6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable materials is prohibited on the Property. SECOND MODIFIED DEVELOPMENT AGREEMENT-L & G Murgoitio, LLC -14 201 2--H- 2024-5533 -Page 14 55663.0027.17778634.4 55663.0027.17778634.3 6.13 Site Plan. Timber Creek shall provide a detailed site�!a- , as afl Attached hereto as Exhibit"C" is a site elan which: a)defines the Property; b) defines the Recycling Property-; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the gener-al-current location of the equipment to be used for the Recycling Activities. Timber Creek may change the location of the equipment to be used for the Recycling Activities so long as the equipment is operated within the Recycling Property. The Recycling Property shall not exceed the identified thirty-six (36)acres in total. fi14 Termination of Recycling Activities. 6.14.1 Complete Termination. All Recycling Activities on the Recycling Property will cease on or before December 31,2027("Termination Date"l. 614.2 Transition Plan. Timber Creek shall cease accepting certain Recyclable Materials, and accept reducing quantities of Recyclable Materials, prior to the Termination Date, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber Creek will also comply with other tasks and the timelines set forth in the Transition Plan. 6.14.3 Parking of Trucks. Notwithstanding the foregoing, following the Termination Date Timber Creek may park commercial equipment on the Property,provided that: a) the number and size of trucks does not exceed the limits set forth in Section 6.8.3: the commercial equipment is not operated on the Property (excepting the necessary actions to park and remove the commercial eguipmentl. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. SECOND MODIFIED DEVELOPMENT AGREEMENT-L & G Murgoitio, LLC -14 "" 2-H- 2024-5533 -Page 15 55663.0027.17778634.4 55663.0027.17778634.3 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan (including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to,the extension of: (a) Water Mains; and (b) Sewer Mains; and (c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit"D", incorporated by reference to this Agreement. 8.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 8.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subject to the following conditions: (a) Acts of God; or (b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 "" 2—H- 2024-5533 -Page 16 55663.0027.17778634.4 55663.0027.17778634.3 (c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or (d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or (e) Economic limitations,as prescribed by law;or (f) Permitting limitations or denials; or (g) The inability to acquire the necessary easements for the Utility Extension;or (h) Geology and/or geography of the area; or (i) Weather conditions that may cause delay; or (j) Unavailability or delay of materials for the Utility Extension; or (k) Review or delay by other agencies needed for approvals of the Application or Utility Extension;or (1) Labor disputes, strikes,work stoppages; or (m) Limitations by other governmental, semi-governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or (n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. 8.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections 8.2(a) to 8.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC. 9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement,this Agreement SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 "" 2—H- 2024-5533 -Page 17 55663.0027.17778634.4 55663.0027.17778634.3 may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period. lrExcept for a default provided in Section 9.3. in the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Failure to Comply with Transition Plan. In the event that Timber Creek fails to comply with the obligations or deadlines set forth in the Transition Plan,the City may deliver a notice of default to Timber Creek and Timber Creek will have fifteen (15) days from receipt of the notice to become compliant with the Transition Plan. If Timber Creek fails to become compliant within said fifteen(15)days,the City will have the remedies set forth in Section 9.5 against Timber Creek, in addition to the remedies set forth in Section 9.4.1. 24 Remedies. EAA Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sole This remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de-annex the Property. 9.4.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be deemed to have consented to modification of this Agreement and de- SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 "" 2—H- 2024-5533 -Page 18 55663.0027.17778634.4 55663.0027.17778634.3 annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.5 Remedies against Timber Creek. In the event that Timber Creek is in default of the Transition Plan, pursuant to Section 9.3, Timber Creek shall pay the following amounts to the City(each a"Penalty"): 9.5.1 First Default. For Timber Creek's first default under Section 9.33 the Penalty is $10,000.00 E32 Second Default. For Timber Creek's second default under Section 9.3,the Penalty is$15,000.00. 9.5.3 Third Default. For Timber Creek's third default under Section 9.3,the Penalty is$20,000.00. 9.5.4 All Additional Defaults. For each default beyond Timber Creek's third default under Section 9.3,the Penalty is$30,000.00. For purposes of the foregoing, a default of Section 9.3 which is of a continuing nature will only incur a single Penalty, but a similar and separate default of Section 9.3 (for example defaulting under a different deadline in the Transition Plan) will be considered a new default and incur a new Penalty. Nothing in this paragraph will limit any other remedies that City may have under this Agreement. 9.6 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 9.7 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —142012--H- 2024-5533 -Page 19 55663.0027.17778634.4 55663.0027.17778634.3 Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check-,or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements,which the Owner/Developer agrees to provide,if required by the City. 13. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed,and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings,this Agreement,and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian,Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian,ID 83642 OWNER/DEVELOPER: L&G Murgoitio,LLC 6575 S. Locust Grove Road SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 20 55663.0027.17778634.4 55663.0027.17778634.3 Meridian,Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. This Agreement amends and replaces the Original Agreement and the Modified Agreement. Except as herein otherwise provided, no subsequent alteration, amendment, change SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —14 "" 2—H- 2024-5533 -Page 21 55663.0027.17778634.4 55663.0027.17778634.3 or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22 THIRD-PARTY BENEFICIARIES. Except for Timber Creek. this Agreement is not intended to create, nor shall it in any way be interpreted or construed to create any third- party beneficiary rights in any person or entity not a party hereto. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. [SIGNATURES ON FOLLOWING PAGE] SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 22 55663.0027.17778634.4 55663.0027.17778634.3 IN WITNESS WHEREOF,the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L&G Murgoitio,LLC Date: By: Name: Title: CITY OF MERIDIAN: Date: By: Mayor Taffff y rye WeefaRobert Simison ATTEST: G.jay ColesChris Johnson, City Clerk SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 23 55663.0027.17778634.4 55663.0027.17778634.3 STATE OF IDAHO ) ) ss. County of Ada ) On this day of 9eteherNovember,2024,before me a Notary Public in and for said State,personally appeared ,known or identified to me to be the manager or a member of L& G Murgoitio,LLC,or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2024, before me, a Notary Public, personally appeared Tammy De Weer-d a�T ColesRobert Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 24 55663.0027.17778634.4 55663.0027.17778634.3 SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 25 55663.0027.17778634.4 55663.0027.17778634.3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 26 55663.0027.17778634.4 55663.0027.17778634.3 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 27 55663.0027.17778634.4 55663.0027.17778634.3 EXHIBIT C SITE PLAN I � ;a DRAFT � 1 SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 28 cc«z 0027 1777o<3n� 55663.0027.17778634.3 EXHIBIT"D" UTILITY EXTENSION [TO BE INSERTEDI SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 29 55663.0027.17778634.4 55663.0027.17778634.3 EXHIBIT"E" TRANSITION PLAN [TO BE INSERTEDI SECOND MODIFIED DEVELOPMENT AGREEMENT—L & G Murgoitio, LLC —u "" 2—H- 2024-5533 -Page 30 55663.0027.17778634.4 55663.0027.17778634.3 Exhibit 4 SECOND MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L & G Murgoitio, LLC THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 241-12024, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and L& & G Murgoitio, LLC, an Idaho limited liability comnanv, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called"Owner/Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A"—which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho ("Original Agreement"); and 1.7WHEREAS, the City, Owner,/Developer-and Timber-Creek (as defined below) have negotiated tefms and eenditiefis into this Agreement to elar-ify th-e SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 1 446-6-3 4.1 55663.0027.17778634.5 usesyeimitted tmder-the Original Agreement, to allow rthe eentinmed use of Property the pefmittedfuture uses Of the PFOpeftty; and 1.7 WHEREAS, the City and the Owner/Developer entered into that certain Modified Development Agreement, dated June 11, 2019, recorded as Instrument No. 2019-053058, Records of Ada County, Idaho ("Modified Agreement'), to amend and replace the Original Agreement; and 1.8 WHEREAS, the City, Owner/Developer, and Timber Creek agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time this Agreement was approved and executed that are necessary for the continued and future use of the Property; and 1 2 4-.8WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.10 4:9WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.11 440WHEREAS, the Meridian City Council, on the day of , 20- 92024, approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B" and have been accepted by Owner/Developer and Timber Creek; and 1.12 444WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Original Development ate danuar-y 26, 2016, eeer-ded-as ns4ument No. 2016 007075, Reeer-ds-of Ada Cow", id iModified Agreement; and 1.13 443WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.14 443WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 2 55663.0027.17778634.5 herein being established as a result of evidence received by the City and from affected property owners. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 3 446-6-3 4.1 55663.0027.17778634.5 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, processing or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an "agricultural operation", as defined in Idaho Code § 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles (registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Operate—Allow Timber Creek Recycling—, LLC ("Timber Creek"1 to o on the portion of the Property ("Recycling Property") outlined on the site plan ("Site Plan") attached hereto as Exhibit "C" and incorporated herein, as Timber Creek is currently ego erg operating or may be steed operate in the future, whether under the name of Timber Creek SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 4 446-6-3 4.1 55663.0027.17778634.5 Recycling or another name or entity, for a maximum period of ten (1 n` years from the date the City Council approves the signed Agf!eetne Upon the expiration of ten (10) y'ear- period, llReeyeling Aetivities (as defined e Section 5.2) shams provided, however-, Timber- Creek m submit an plie do to the City G..unei - r thp- Reeycling Activities and detefmine whether to pefmit TimberCreel to continue-the Reeyeling Aefivities. Timber- Creek shall nit the r-equcst fof!reviewo later than one (1) yearprior- to the expiration of the te., (1 n) year- period. Upon review, the rit y rotmeil may, at the Git-f Gotineills sale diser-etien.-a) ele^et to gfart or- refuse gmat additional time Timber Greek to eenduet the Reeyeling—Activit1es on the Deeyeling Property past the initial ten (1 n) year-period; andb) should additional time be granted, r-equire more—or--dif€erent eonditions on the veyeliffg Actin the y-Coiineil does not eleetto gf!ant Timber-meek additional time to . ,-."et Deeyeling Aetivities on the Deeyeling Dreperty beyond the initial ten (10) year- tltne Pef!lnd-then,at they Eeunei" .lireetio and by the date determined by the Git-y G..tineil the D eeyeli*g zA etivities--s-h"lull eease an'brnrz all materials, equipment struetHfes,si c modineatiens,ete. assoeiated with the v cling Aetivity shalle r-emoved and the Deeyeling Property reel.,ime.l to its former ., „lfi,rnl uise/eonditioH in the event the l ity G r,eil gr-ay.ts Timber- Greek additional time to r,duet the Deeyeli„g A etiyities .,fief the initial ten (1 nl year- period, then the City Gouneil the Reeyeling Aetivities- upon the expiration of the—additionaltin-pe in -aeeerdanee with the foregoing pr-eeedtffes, eonditions and timelines. subject to the provisions of Section 5 and Section 6 of this Agreement. 5. Operation of Timber- Creek ReeyelingOPERATION OF TIMBER CREEK RECYCLING. As set forth in Section 4.8 of this Agreement, but as limited by Section 6.14 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek's operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives the folio ixg--materials identified in Exhibit "F", attached hereto and incorporated herein (collectively "Reeyeled Recycling Materials") at the Recycling Property for Recycling Activities (defined below):. Timber Creek shall not accept any other materials or products at the Recycling Property for Recycling Activities. 5.1.1 Wood. Wood is and will be delivered to the Reeyeling Pr-epefty she Ada Cott,t y Landfill,a Republie Sefvieesidether-setimes. SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - 14 2019 0042 H- 2024-5533 -Page 5 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 5.1 2 Gr-ass. Grass elippings are and ill be ,aeliyefyd to the Reeyekag Pr-opertomRepubfie Serumand other—seufees. 5.1.3 Leaves.heaves areand will e delivered to *�tecycling Pr-opefty from the Ada County Landfill and othet! soiffees. 5.1.4--SheetFoek. Sheetroek—awe p and will delivered to the Recycling Property from Republie Servi Qther seltrees. 5 Food Waste. T�'..o rite will b e Doi y 5��. .,�� . � mere to ��� ng Property ftem Republie Services,:dother sources. 5.1.6 Car-den-rite--FFaMen waste will be delivered to the Recycling Property ftem Republie Services and othefseurees. 5.1�ieF MateFials Timbef creek is--allowed to—aec pt of er- nia4er-ials to r-eeyele whieh are of the same ea4egor-y as the materials identified in S ions S I I 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Reeled-Recycling Materials on the Recycling Property ("Recycling Activities"). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 6 446-63 nm747.778634 1 55663.0027.17778634.5 affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Reeyeled—Recycling Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. The f edit. and all asseeiated gr-o ,n shall be maintained in an oFderly manner- to keep them from beeoming a publie nuisance as defined in Mer-idian City Code (MGG) 4 2 1; pr-oee"r-es and penalties for- general - '- - -- e listed in MCC 4 2 4. in addition to the remedies available thr-ough the enfor-eenient of this r o ott 5.2.6 Aliseellaneous. agage Miscellaneous Recycling Activities. Timber Creek may engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), fa tsforklifts, and other heavy equipment,preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support, or are in furtherance of the Recycling Activities ("Related Activities"). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Reeyeled-Recycling Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 7 446-6-3 4.1 55663.0027.17778634.5 Complianee. G mpl; ee with federal, state and loeal-entiti�s U.S. Department of Agr-ieultiffe, the Ada Cowity Air- Quality Boaf!d, and the 1daho DepaFtment of Water-Resour-ees. The City may eonsider- a finding by one of these named ageneies of violations of their regulations to be a cause for a violati peement. Timber Creek shall take any .tio t (a) Comply with conditions imposedt by ., and all o aferementioned entities with jur-isdietionr—el-atmg to the (b) Comply with the mles 'a egulati$ns—relating—t6 the be adopted, r-evised or- r-e intefpr-etea by any d all-of .,f:.,.vme tione l entities withjurisdiction; a l ( Gur-e or esffeet def4eieneies or-issues identified by any—and all of'aforementioned entities with jtifisdietien. 5.3.3 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include,but are not limited to, mulch, compost,bark,playground chips, sand, stone, etc. 5.4 Retail Sales. Within the area on the Site Plan marked "Retail Sale" ("Retail Area"), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: (a) April—October: a. Monday—Saturday: 8:00 a.m. to 6:00 p.m. b. Sundays: Closed (b) November—March: a. Monday—Saturday: 9:00 a.m. to 4:00 p.m. b. Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 8 446-6-3 4.1 55663.0027.17778634.5 (a) Commercial vehicles, as defined in Idaho Code §49-123(d). (b) Vehicles with more than two (2) axels; provided, however, that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips, and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following-: a) a scale house with approximate dimensions of forty five feet by fifteen feet (45'xl5'); b) a restroom with approximate dimensions of twenty feet by eight feet (20'x8') with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute "development" as defined in Section 3.4. 6. Conditions and Limitations to Operation of Timber- C ReeyelingCONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER CREEK RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's operation on the Property, Timber Creek shall comply with the following conditions on its operation: 6.1 Extent of Operations on Property. Timber Creek's Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may use processed Recycling Materials on the balance of the Property. 6.2 Compliance. Timber Creek shall comply with all federal, state and local entities with jurisdiction, including, but not limited to the Idaho Department of Environmental uality ("IDEO"l, the Central District Health Department ("CDHD"), Department of Agriculture, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a conviction or final order by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: 6.2.1 Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities: SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 9 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 6.2.2 Comply with the rules and regulations relating to the Recvclin� Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and 6.2.3 Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 3 Composting. Composting on the Recycling Property shall be conducted in accordance with applicable law, rules and regulations. Prior to ,.,.,.,posti g i ,,,,ant ties w>,: >, would,-eq, al--as-Timber Creek has obtained the necessary approvals to operate a Tier 2 composting facility, Timber- Gr-ee, shall satisfy al r o effts imposed o Tier- 2 , osti ,. facilities by the 1dahe Department of Environmental Quality ("DEQ"). Timber Creek sh pfevide proof of satisfaetion of ' and is currently operating a Tier 2 composting facility. in eenneEtien with the Tier- 2 designa4ien preys-any on the Recycling Property. In the event of any change in Timber Creek's approvals for the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide notice of such changes to the City. In connection with operating as-a Tier 2 facility on the Recycling Property, Timber Creek shall: 6.3.1 Odor Management. Adopt an Continue to operate under the odor management plan as part of Tier 2 approval preeess that sa4isfies DEQ Upon being designated as a Tier- 2 eemposting f editwhich has been approved by IDEO. In the event of a change to the odor management plan, Timber Creek will provide a copy of the revised odor management plan approved by SIDE to the City. 6.3.2 Compliance with DEQ and Central District Health. Comply with all requirements of DEQ and the rents' Distfiet 14ealth Depa.E, ent VIDEQ and CDHD" =as part of the Tier 2 approval process. Following appr-oval as a Tier-2 faei t�-, Timber Creek shall cooperate with DEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.4 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek's Recycling Activities: � 6 4.1 Mufflers. Timber Creek will maintain a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. Timber-Creek shall pr-evide notiee to the City"on the installation of the muffler-s. 6 4.2 Landscaping. Timber Creek will install maintain the trees and other landscaping features on the Recycling Property it a manner- as rreser-i e 4„ ; which were installed in accordance with MCC 11-3H-4D, as is depieted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities.Sai !a-ndseapin . shall be SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - 14 2014 0042 H- 2024-5533 -Page 10 55663.0027.17778634.5 installed j9pier to eemmeneement of Tier- 2 eemposting provided that the pilot programs for- obtaining Tier 2 designation, as required by DEQ, may . . io the installation of the 4ndseaping or- befms as shown on the site plan. Timber- Creek shall provide flotiee to the city when the landseaping set forth in this Modified Agreement has been installed. 6.5 Hours of Operation. Recycling Activities on the Property will be limited to the following: 6.5.1 (a)Monday—Friday: 7:00 a.m. to 6:00 p.m. 6.5.2 (.b)Saturday: 8:00 a.m. to 6:00 p.m. 6.6 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber Creek will 6.4.1 rLasndseaping Timber-Creek will eemply with the e"ir-efnents of Seet; 2 7 6.4 2 Height t of Reeyeling MateFials. Timber- Freak will keep the height of piles of Recycling Materials at the greater of. a) twenty-five (25) feet, and b) the height permitted by the Meridian Fire Department under applicable code,regulations and rules. 67 Dust Abatement. 6.7.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.7.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.7.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.7.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.7.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2019 0042 H- 2024-5533 -Page 11 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 6.7.6 6-.5-.6Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-513-1. 6.8 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 6.8.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section "6.8, and shall not constitute a nuisance. 6.8.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6.8.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, "Truckload" shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: (a) Vehicular traffic associated with the agricultural use of the Property such as delivery of feed, livestock, equipment and fertilizer or the removal of crops, livestock, equipment, feed, waste or fertilizer; (b) Vehicles to and from the Retail Area; (c) Vehicular traffic to and from the Property not carrying Recycling Materials; and (d) Vehicular traffic from the Property delivering Recycling Materials for agricultural uses. 6.9.9 Agency Requirements/Recommendations. Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.9.1 Fire. (a) Emergency Plan. Timber Creek shall and delivef an—with comply with the emergency plan previously delivered to the Meridian Fire Code Official. Timber Creek shall provide the SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - 14 2014 0042 g- 2024-5533 -Page 12 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 City with an undated or revised emergency plan and comply with the updated ore revised emergency plan. (b) Process Hazard Analysis. Timber Creek shall prepare a process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11-17 (2015) and deliver to the Meridian Fire Code Official, if required by the Meridian Fire Code Official. 6.9.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. 6.9.3 Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services, upon advance notice. 6.9.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. *7 6.8 Termination of Recycling etiyities�Reeyeli g Activities en the > tmiess pefmit4ed in the > upon the earliest of the following to 6.8.1 Conveyanee to Third Party. Upon the eenveyanee of the > > > that the eenveyanee of the Re6yelifig Pr-epei4y! 1) via intestaey or- other- estate planning devise or- instrdment; 2) to an iffiffledia family member- of any member- of the Owner�Develeper- or- Timber- Creek; or- 3) to an affiliat entity, will not 4igger- the elimination of the Reeyeling Aefivifies. For- Purposes of this Seetieft ccaffiliated entity" is an entity. (a) "ieh is a sueeesser- to OwneF�Developer- or- Tim Creek by either- merger- of- eenselidation or- pttr-sua*t to sale of all or- s4stantially all e Owner,'Developer- or- Timber- Creek's assets or- member-ship ii+terests, E)r- (b) an entity eontr-ellea > with, > or- 6.4v-cr2 Development of ijaeent -PFopeFt'. Within thi y-(30) day vi wr-44en nefiee that the City has granted a Geffifieate of Oeeupa-ney to any new residential or- on the a#aehed Exhibit "C", being defiver-ed to Timber- Creek. For- pufpeses of this Seetiefl. ccnew residential or-eemmer-eial » shall mean real pr-epefty whieh has.: SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 13 55663.0027.17778634.5 residential designation of R 4 or-denser-; City Codedexeepting however anyTeal i propefty subdivid Agreement,in no event will the issuanee of a Get4ifiea4e of Oeettpaney fof any stfueture existing as of the date of this as may be expanded, altered, of for- any new aeeessor-y 6.9 Tolling of Dead1n,ines i the eLefft the appfoval of this A gfeemei31t fis ehallenged> eonlested of appealed, > the deadlines imposed on Timber-Creek undef eontents and appeals have been eompletely and finally r-esolved. 6.9.5 Nuisance. Timber Creek shall not keen the Recycling Property and all associated grounds in a manner that constitutes a public nuisance, as defined in Meridian City_ Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2- 4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-313.8. 6.11 Mechanical Equipment. All mechanical equipment (excluding all private or commercial vehicles) and epef:atiens, power-driven processing equipment ;md oper-a4ieffs-on the Recycling Property shall be Ieeated-operated at least 300 feet from abutting residential districts. All shipping and delivery areas, storage and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian. 6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable materials is prohibited on the Property. 6.13 Site Plan. Attached hereto as Exhibit"C" of this Agreement, to the Ciyy is a site plan which: a) defines the Property; b) defines the Recycling Property-; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the genecurrent location of the equipment to be used for the Recycling Activities. Su biect to the limitations in Section SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - 14 2019 0042 g- 2024-5533 -Page 14 55663.0027.17778634.5 6.11, Timber Creek may change the location of the equipment to be used for the Recycling Activities so long as the equipment is operated within the Recycling Property. The Recycling Property shall not exceed the identified thirty-six(36) acres in total. 6.14 Termination of Recycling Activities. 6.14.1 Complete Termination. On or before June 30, 2027 ("Termination Date"), Timber Creek shall: (a) cease all Recycling Activities on the Recycling Property: (b) have removed all Recycling Materials from the Recycling Property: (cl have removed all improvements constructed pursuant to Section 5.5 of this Agreement from the Recycling Property: and (d) have removed all equipment, fixtures, and personal property used primarily for the Recycling Activities from the Recycling Property. 6.14.2 Use of Property after July 1, 2027. As of July 1, 2027 the Property may only be used for the uses allowed under Section 4.1 Section 4.6, Section 4.7, and Section 6.14.4 of this Agreement. 6.14.3 Transition Plan. Prior to the Termination Date. Timber Creek shall cease accepting certain Recycling Materials, and shall accept reducing quantities of other Recycling Materials, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber Creek shall also comply with other tasks and the timelines set forth in the Transition Plan. 6.14.4 Parking of Trucks. Notwithstanding the foregoing, following the Termination Date Timber Creek may park commercial equipment on the Property, provided that: a) the number and size of trucks does not exceed the limits set forth in Section 6.8.3: the commercial equipment is not operated on the Property (excepting the necessary actions to park and remove the commercial equipment). 6.14.5 Signage. On or before July 1, 2025, Timber Creek shall post a sign on the Recycling Property in a location adjacent to South Locust Grove Road and a second sign on the Recycling Property in a location adjacent to Columbia Road, both of which will state the following: "THIS FACILITY WILL CLOSE ON JUNE 30, 2027." The sign will comply with the size requirements set forth in Meridian City Code 11-5A-6(D)(2)(bl(11, and the letters will be no less than six inches in height. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 15 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan (including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: (a) Water Mains; and (b) Sewer Mains; and (c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit "D", incorporated by reference to this Agreement. 8.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 8.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 16 446-6-3 4.1 55663.0027.17778634.5 the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subject to the following conditions: (a) Acts of God; or (b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or (c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or (d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or (e) Economic limitations, as prescribed by law; or (f) Permitting limitations or denials; or (g) The inability to acquire the necessary easements for the Utility Extension; or (h) Geology and/or geography of the area; or (1) Weather conditions that may cause delay; or (j) Unavailability or delay of materials for the Utility Extension; or (k) Review or delay by other agencies needed for approvals of the Application or Utility Extension; or (1) Labor disputes, strikes, work stoppages; or (m) Limitations by other governmental, semi-governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or (n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 17 446-6-3 4.1 55663.0027.17778634.5 8.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections 8.2(a) to 8.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC. 9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period. In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Remedies. 9.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sale This remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de-annex the Property. 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 18 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check-,or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 43. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2019 0042 H- 2024-5533 -Page 19 446-6-3 4.1 55663.0027.17778634.5 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 20 446-6-3 4.1 55663.0027.17778634.5 alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. This Agreement amends and replaces the Original Agreement and the Modified Agreement. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. THIRD-PARTY BENEFICIARIES. Except for Timber Creek. this Agreement is not intended to create, nor shall it in any way be interpreted or construed to create any third- party beneficiary rights in any person or entity not a party hereto. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. 24. INCORPORATION OF EXHIBITS. All exhibits attached hereto are incorporated herein. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 21 446-6-3 4.1 55663.0027.17778634.5 [SIGNATURES ON FOLLOWING PAGE] SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 22 446-6-3 4.1 55663.0027.17778634.5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: By: Name: Title: CITY OF MERIDIAN: Date: By: Mayor Tammy De Weer- Robert E. Simison ATTEST: r' e-sChris Johnson, City Clerk SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 23 446-6-3 4.1 55663.0027.17778634.5 STATE OF IDAHO ) ) ss. County of Ada ) On this day of 9etobefDecember, 2024, before me a Notary Public in and for said State,personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2024, before me, a Notary Public, personally appeared Tammy Weer—d-and C.jay ColesRobert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - u 2014 0042 H- 2024-5533 -Page 24 446-6-3 4.1 55663.0027.17778634.5 SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 25 446-6-3 4.1 55663.0027.17778634.5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 26 446-6-3 4.1 55663.0027.17778634.5 L&G MURGOITIO, LLC- PARCEL NO. 1 A parcel located in the E Yz of the 5E X of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho,more particularly described as follows,. BEGINNING at an aluminum cap monument marking,the southeasterly corner of said SE l of the SE /, from which an aluminum cap monument marking the northeasterly corner of the SE Y4 of said Section 6 bears N 0'04'44" VV a distance of 2655.72 feet; Thence N 89'21'59" W along the southerly boundary of said E%of the SE X.a distance of 1323,88 feet to the southwesterly corner of said E ! of the SE Y; Thence N 0°02'17" W along the westerly boundary of said E Z of the 5E X a distance of 2655.45 feet to the northwesterly corner of said E A of the SE Y4; Thence S 89022'37" E a distance of 1321,98 feet to an aluminum cap monument marking the northeasterly corner of said E Y2 of the SE %; Thence S 0'04'44" E along the easterly boundary of said E M of the 5E X a distance of 2555.72 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has. been performed. Prepared by. Glenn K. Bennett, PLS PF1 Civil Survey Consultants, Incorporated 5UR,v . October 13, 2015 ., t( � 44 OF SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC a 2018 0042 H- 2024-5533 -Page 27 C G 661 0027 17778614 1 55663.0027.17778634.5 L& G NiIJRGOITIO, LLC— PARCEL 2 A, parcel located in the NE X of Section 5, Township 2 North, Mange 1 East, Doise Meridian, Ada County, Idahc, more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly scorner of said NE 34,from which a 5/8 inch diameter iron pin marking the southwesterly corner of said NE X bears S 0°01'18" W a distance of 2674.72 feet; Thence S 0'01'19' W along the westerly boundary of said PEE Na distance of 1854.47 feet to a 5,/8 inch diameter iron pun, Thence leaving said westerly boundary S 78'30'02" E a distance of 191.66 feet to a 5/8 inch diameter iron pin; )'hence N 43'00'20" E a distance of 108.41 feet to a 5/8 inch diameter iron pin; Thence N 68°36'37" E a distance of 694,84 feet to a 5/8 inch diameter iron pin; Thence S 46'0231" E a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 64'59'20" E a distance of 64.46 fleet to a 5/8 inch diameter iron pin; Thence N 0"2.235" W a distance of 32.24 feet to a paint on the centerline of the Farr Lateral; Thence along said centerline the following described courses; Thence N 49'59'59" W a distance of 27.38 feet to a point.- Thence N 22°30'26" W a distance of 1518.71 feet to a point; Thence N 25'12'16" W a distance of 135.17 feet to a paint; Thence a distance of 153.61 feet along the arc of a 200.00 font radius carve left: said curve having a central angle of 44"00'19" and a long chord bearing N 47P12'75" W a distance of 149.86 feet to a point; SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 28 446-6-3 4.1 55663.0027.17778634.5 Thence leaving said centerline N 0000'01" E a distance of 104.32 feet to a 516 inch dianneter iron pin on the northerly boundary of said NW N; Thence N 89"56'47" W along said northerly boundary a distance of 297.51 feet:to the POINT OF BEGINNING. This parcel contains 32.22 acres. NOTE: This descripbon was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett,PL5 , PRO,��5' Civil Survey Consultants,Incorporated Sy R k k October 13, 2015 Uj totp K. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 29 446-6-3 4.1 55663.0027.17778634.5 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER [TO BE INSERTEDI SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 30 446-6-3 4.1 55663.0027.17778634.5 EXHIBIT C SITE PLAN IN ;a Y ` _ NNFMI�IiN DRAFT s SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 31 446—6-3 4.1 55663.0027.17778634.5 EXHIBIT "D" UTILITY EXTENSION SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 32 446-6-3 4.1 55663.0027.17778634.5 E C idV Ilr. 4J Chhst.�,her s P Vi,S, ri4�.yyCub St a,. ,rs ti' " u E dmon s I}r- - ,Nf�� m: ! i Whitehall V a ■ r $ 3m ,� W Verneal a a : L Orsq Ot �� 3 tim Sc r ! 13 1 ■ W Victw.y.$d: I mot' � E�y.ICTOl�rR>d'i wt-. ■ 41f Ieb r Ct dose a1 s i' W kfa s� R F Rumpe.1 k.n N Feet 1 Q 750 1.500 ■ ■ W Amity Rd I E Amity Rd Legend ••.wr ExlsWelg Sewer a 0 F"Wre Phase 1 Newel •Fulure Phase 7 Sme, -PhW..1 Area _ Phase ZAfea Meridian City limns od Dr • n IN Qty el Mendinn M*"n0 Wplp. lellw Gr wama.T, ►,vresMW W ilnj>A a}W the �• MWre, lxss.! , arly�nlnu?,.l snr.i—ii C;vdl+,rleid�d-d South Meridian Utility Concept Plan ml Re'kaUc fir nxne•acies•r nilsu,e,F,.lure tstiase s=w�a'iaulicns elo pervnafu[si areil Elrrolm:t ro rnod4er.:�0ar, This-0is we himtlxa-pv,*9Wdby Ada f:oaetvA4.cofnewshillIsarae*Xrar and Annexation ilwcauacles a mle.ved Irma map.Weld heannp nsx drsc£•Ilnw In•v h.O k-,Pa d 6aNv 1 1 ff rian+•lroc usam any deaml rpm rewirm e;e,.amwl rrnnssm+dnga covnlr. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC a 2018 0042 g- 2024-5533 -Page 33 55663.0027.17778634.5 EXHIBIT "E" TRANSITION PLAN Timber Creek Recycling Engineering waste to its highest and best Li,,, Date: December 3,2024 Phased Transition Plan for the Meridian Compost Site 7695 S. Locust Grove Rd Meridian, !D 83642 1,0g, SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 34 55662 002 7 177746-14 1 55663.0027.17778634.5 Phase Focus 2024 Timing of total CheeseWAS diverted Odor o Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4 #1 on weekends at the Meridian site tt 1 o Conduct experiments of Calcium Hydroxide,"lime"(Ca(OH)2),addition to Cheese WAS at Meridian site. (Complete o Coordinate with Sorrento Lactalis on by procurement of equipment for addition December of"Lime"to Cheese WAS at Sorrento 2024) plant Dust o Effective November 111,no more Concrete/Asphalt/Tile/Porcelain/Brick accepted at the Meridian site Q1 Q2 Q3 Q4 o Continue regular dust control measures(i.e.water truck) Volume Q1 Q2 Q3 Q4 o At least 25%of the inbound Cheese WAS diverted from the Meridian site Accountability o Present final Transition Plan to Q1 Q2 Q3 Q4 Meridian City Council o Begin drafting a Tier II Composting Facility"closure plan"for DEQ and CDH approval SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 35 55662 nm77 17779634 1 55663.0027.17778634.5 Phase Focus 2025 Timing %of total Cheese WAS diverted Odor o Pilot,full scale addition of"lime"to Q1 Q2 Q3 Q4 #2 inbound Cheese WAS at the Sorrento Cheese Plant(Q1) o Incorporate treated Cheese WAS into compost process at Meridian (Complete Site and monitorfor effectiveness by (Q1) December o Ongoing coordination with Sorrento 2025) Lactalis for addition of"lime" o Fully implement"lime"addition to Cheese WAS as a odor control measure,so long as testing was successful(Q2) Dust o Final crushing of Concrete/Asphalt/Tile/Porcelain/ Brick at the Meridian Site(Q1) I Q1 Q2 Q3 Q4 o Continue regular dust control measures(i.e.,water truck) Volume o Complete engineeringfor additional Q1 Q2 Q3 Q4 ASP pad(1 of 2)at the Nampa site (Q2) o Additional ASP pad(1 of 2)under construction at the Nampa site(Q3) ��' o Additional25%of inbound Cheese WAS diverted from the Meridian site (Q4) Accountability o Quarterly inspections with Meridian Q1 Q2 Q3 Q4 City Code Enforcement o Closure signage posted(Q2) o Complete a draft closure plan in coordination with CDH and DEQ SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 201 4 0042 H- 2024-5533 -Page 36 5 G 661 0027 17779614 1 55663.0027.17778634.5 Phase FOCUS 2026 Timing %of total Cheese WAS diverted Odor o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4 it�. 3 odor control measures Dust (Complete o Continue regular dust control by measures(i.e.,watertruck) Q1 Q2 Q3 Q4 December 2026) Volume o Complete engineering for additional ASP pad(2 of 2)(Q2) Q1 I Q2 I Q1go 3 Q4 o Additional ASP pad(2 of 2)under construction atthe Nampa site(Q3) 10o�ro o 100%of the Cheese WAS diverted from the Meridian site(Q4) Accountability o Quarterly inspections with Meridian Q1 I Q2 I QS Q4 City Code Enforcement o Finalize Tier II Composting Facility Closure Plan with IDEQ and CDH(Q4) SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 37 5 G 661 0027 17779614 1 55663.0027.17778634.5 Phase Focus 2027 Timing °gyp of total Cheese WAS diverted Odor o No cheese WAS received at the Qi Q2 #4 Meridian site Dust (complete o Continue regular dust control 30June measures(i.e.,water truck) 2027) Volume o Sale or transfer of remaining 1000/0 inventory Q1 Q2 o Movement of compost/recycling materials and infrastructure off of the Meridian site Accountability o Quarterly inspection with Meridian City Code 4t Enforcement(Q1) o Final site walk through with Meridian Code Enforcement (Q2) o Final Tier 11 site close out with CDH and DEQ(Q2) SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 201 4 0042 H- 2024-5533 -Page 38 5 G 661 0027 17779614 1 55663.0027.17778634.5 EXHIBIT F LIST OF RECYCLING MATERIALS • Grass • Leaves • Tree waste (limbs,branches, etc.) • Stumps • Wood chips • Saw dust • Wood mulch • Christmas trees • Pine needles/cones •__ Mixed food waste, mainly bulk produce, some kitchen scraps (e.g., egg shells, fruits and vegetables, seeds and cores, tea bags and coffee filters (no meat)) • Pumpkins • Corn Cobs • Bean mill organic waste • Cheese Whey WAS from Sorrento Cheese Plant • Garden/landscape waste (other natural materials typically derived from general landscape like bushes and plants) • Dirt • Sod • Sheetrock • Clean construction wood (plywood, dimensional lumber, etc.) SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 39 446-6-3 4.1 55663.0027.17778634.5 • Manure (chicken, llama, horse, cowl • Compost and compost screenings • Dairy compost • Mushroom compost • Potato cake • Straw 0 Hay •__ Agricultural rejects (e.g. onions, potatoes, silage beets, corn, peppers, peas, beans, mint, etc. • Compostable plates, cups &utensils, paper • Paper leaf bags and small quantities of compostable paper and cardboard. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 40 446-6-3 4.1 55663.0027.17778634.5 Exhibit 5 SECOND MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L & G Murgoitio, LLC THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2024, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and L & G Murgoitio, LLC, an Idaho limited liability company, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called"Owner/Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho ("Original Agreement"); and 1.7 WHEREAS, the City and the Owner/Developer entered into that certain Modified Development Agreement, dated June 11, 2019, recorded as SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 1 5 5 663.0027.17778634.5 Instrument No. 2019-053058, Records of Ada County, Idaho ("Modified Agreement'), to amend and replace the Original Agreement; and 1.8 WHEREAS, the City, Owner/Developer, and Timber Creek agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time this Agreement was approved and executed that are necessary for the continued and future use of the Property; and 1.9 WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.10 WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.11 WHEREAS, the Meridian City Council, on the day of , 2024, approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B" and have been accepted by Owner/Developer and Timber Creek; and 1.12 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Modified Agreement; and 1.13 WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.14 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City and from affected property owners. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 2 5 5 663.0027.17778634.5 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 3 5 5 663.0027.17778634.5 4.3 Any existing and future written agreements for the collection, disposal, processing or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an "agricultural operation", as defined in Idaho Code § 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles (registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Allow Timber Creek Recycling, LLC ("Timber Creek") to operate on the portion of the Property ("Recycling Property") outlined on the site plan ("Site Plan") attached hereto as Exhibit "C" and incorporated herein, as Timber Creek is currently operating or may operate in the future, whether under the name of Timber Creek Recycling or another name or entity, subject to the provisions of Section 5 and Section 6 of this Agreement. 5. OPERATION OF TIMBER CREEK RECYCLING. As set forth in Section 4.8 of this Agreement, but as limited by Section 6.14 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek's operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives the materials identified in Exhibit "F", attached hereto and incorporated herein (collectively "Recycling Materials") at the Recycling Property for Recycling Activities (defined below). Timber Creek SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 4 5 5 663.0027.17778634.5 shall not accept any other materials or products at the Recycling Property for Recycling Activities. 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Recycling Materials on the Recycling Property ("Recycling Activities"). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Recycling Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. 5.2.6 Miscellaneous Recycling Activities. Timber Creek may engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), forklifts, and other heavy equipment, preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 5 5 5 663.0027.17778634.5 leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support, or are in furtherance of the Recycling Activities ("Related Activities"). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Recycling Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. 5.3.3 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include, but are not limited to, mulch, compost,bark, playground chips, sand, stone, etc. 5.4 Retail Sales. Within the area on the Site Plan marked "Retail Sale" ("Retail Area"), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: (a) April—October: a. Monday—Saturday: 8:00 a.m. to 6:00 p.m. b. Sundays: Closed (b) November—March: a. Monday—Saturday: 9:00 a.m. to 4:00 p.m. b. Sundays: Closed SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 6 5 5 663.0027.17778634.5 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: (a) Commercial vehicles, as defined in Idaho Code §49-123(d). (b) Vehicles with more than two (2) axels; provided, however, that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips, and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following: a) a scale house with approximate dimensions of forty five feet by fifteen feet (45'x15'); b) a restroom with approximate dimensions of twenty feet by eight feet (20'x8') with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute "development" as defined in Section 3.4. 6. CONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER CREEK RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's operation on the Property, Timber Creek shall comply with the following conditions on its operation: 6.1 Extent of Operations on Property. Timber Creek's Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may use processed Recycling Materials on the balance of the Property. 6.2 Compliance. Timber Creek shall comply with all federal, state and local entities with jurisdiction, including, but not limited to the Idaho Department of Environmental Quality ("IDEQ"), the Central District Health Department ("CDHD"), Department of Agriculture, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a conviction or final order by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: 6.2.1 Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 7 5 5 663.0027.17778634.5 6.2.2 Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and 6.2.3 Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 6.3 Composting. Composting on the Recycling Property shall be conducted in accordance with applicable law, rules and regulations. Timber Creek has obtained the necessary approvals to operate a Tier 2 composting facility and is currently operating a Tier 2 composting facility on the Recycling Property. In the event of any change in Timber Creek's approvals for the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide notice of such changes to the City. In connection with operating a Tier 2 facility on the Recycling Property, Timber Creek shall: 6.3.1 Odor Management. Continue to operate under the odor management plan which has been approved by IDEQ. In the event of a change to the odor management plan, Timber Creek will provide a copy of the revised odor management plan approved by IDEQ to the City. 6.3.2 Compliance with IDEQ and Central District Health. Comply with all requirements of IDEQ and CDHD as part of the Tier 2 approval process. Timber Creek shall cooperate with IDEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.4 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek's Recycling Activities: 6.4.1 Mufflers. Timber Creek will maintain a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. 6.4.2 Landscaping. Timber Creek will maintain the trees and other landscaping features on the Recycling Property, which were installed in accordance with MCC 11-31-1-41), to mitigate the sound generated on the Recycling Property by the Recycling Activities. 6.5 Hours of Operation. Recycling Activities on the Property will be limited to the following: 6.5.1 Monday—Friday: 7:00 a.m. to 6:00 p.m. 6.5.2 Saturday: 8:00 a.m. to 6:00 p.m. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 8 5 5 663.0027.17778634.5 6.6 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber Creek will keep the height of piles of Recycling Materials at the greater of. (a) twenty-five (25) feet, and (b) the height permitted by the Meridian Fire Department under applicable code, regulations and rules. 6.7 Dust Abatement. 6.7.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.7.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.7.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.7.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.7.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.7.6 Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-513-1. 6.8 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 6.8.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section 6.8, and shall not constitute a nuisance. 6.8.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6.8.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, "Truckload" shall mean any truck or vehicle carrying ten (10) or more cubic yards SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 9 5 5 663.0027.17778634.5 of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: (a) Vehicular traffic associated with the agricultural use of the Property such as delivery of feed, livestock, equipment and fertilizer or the removal of crops, livestock, equipment, feed, waste or fertilizer; (b) Vehicles to and from the Retail Area•, (c) Vehicular traffic to and from the Property not carrying Recycling Materials; and (d) Vehicular traffic from the Property delivering Recycling Materials for agricultural uses. 6.9 Agency Requirements/Recommendations. Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.9.1 Fire. (a) Emergency Plan. Timber Creek with comply with the emergency plan previously delivered to the Meridian Fire Code Official. Timber Creek shall provide the City with an updated or revised emergency plan and comply with the updated ore revised emergency plan. (b) Process Hazard Analysis. Timber Creek shall prepare a process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11-17 (2015) and deliver to the Meridian Fire Code Official, if required by the Meridian Fire Code Official. 6.9.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. 6.9.3 Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services,upon advance notice. 6.9.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 10 5 5 663.0027.17778634.5 6.9.5 Nuisance. Timber Creek shall not keep the Recycling Property and all associated grounds in a manner that constitutes a public nuisance, as defined in Meridian City Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2- 4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8. 6.11 Mechanical Equipment. All mechanical equipment (excluding all private or commercial vehicles) and power-driven processing equipment on the Recycling Property shall be operated at least 300 feet from abutting residential districts. All shipping and delivery areas, storage and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian. 6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable materials is prohibited on the Property. 6.13 Site Plan. Attached hereto as Exhibit "C" is a site plan which: a) defines the Property; b) defines the Recycling Property; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the current location of the equipment to be used for the Recycling Activities. Subject to the limitations in Section 6.11, Timber Creek may change the location of the equipment to be used for the Recycling Activities so long as the equipment is operated within the Recycling Property. The Recycling Property shall not exceed the identified thirty-six (36) acres in total. 6.14 Termination of Recycling Activities. 6.14.1 Complete Termination. On or before June 30, 2027 ("Termination Date"), Timber Creek shall: (a) cease all Recycling Activities on the Recycling Property; (b) have removed all Recycling Materials from the Recycling Property; (c) have removed all improvements constructed pursuant to Section 5.5 of this Agreement from the Recycling Property; and (d) have removed all equipment, fixtures, and personal property used primarily for the Recycling Activities from the Recycling Property. 6.14.2 Use of Property after July 1, 2027. As of July 1, 2027 the Property may only be used for the uses allowed under Section 4.1, Section 4.6, Section 4.7, and Section 6.14.4 of this Agreement. 6.14.3 Transition Plan. Prior to the Termination Date, Timber Creek shall cease accepting certain Recycling Materials, and shall accept reducing quantities of other Recycling Materials, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber Creek shall also comply with other tasks and the timelines set forth in the Transition Plan. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 11 5 5 663.0027.17778634.5 6.14.4 Parking of Trucks. Notwithstanding the foregoing, following the Termination Date Timber Creek may park commercial equipment on the Property, provided that: (a) the number and size of trucks does not exceed the limits set forth in Section 6.8.3; the commercial equipment is not operated on the Property (excepting the necessary actions to park and remove the commercial equipment). 6.14.5 Signage. On or before July 1, 2025, Timber Creek shall post a sign on the Recycling Property in a location adjacent to South Locust Grove Road and a second sign on the Recycling Property in a location adjacent to Columbia Road, both of which will state the following: "THIS FACILITY WILL CLOSE ON JUNE 30, 2027." The sign will comply with the size requirements set forth in Meridian City Code 11-5A-6(D)(2)(b)(I), and the letters will be no less than six inches in height. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 12 5 5 663.0027.17778634.5 (including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: (a) Water Mains; and (b) Sewer Mains; and (c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit "D", incorporated by reference to this Agreement. 8.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 8.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subject to the following conditions: (a) Acts of God; or (b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or (c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or (d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or (e) Economic limitations, as prescribed by law; or (f) Permitting limitations or denials; or (g) The inability to acquire the necessary easements for the Utility Extension; or SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 13 5 5 663.0027.17778634.5 (h) Geology and/or geography of the area; or (i) Weather conditions that may cause delay; or (j) Unavailability or delay of materials for the Utility Extension; or (k) Review or delay by other agencies needed for approvals of the Application or Utility Extension; or (1) Labor disputes, strikes, work stoppages; or (m) Limitations by other governmental, semi-governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or (n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. 8.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections 8.2(a) to 8.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC. 9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period. In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting parry written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Remedies. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 14 5 5 663.0027.17778634.5 9.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. This remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de-annex the Property. 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 15 5 5 663.0027.17778634.5 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check, or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 16 5 5 663.0027.17778634.5 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. This Agreement amends and replaces the Original Agreement and the Modified Agreement. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 17 5 5 663.0027.17778634.5 City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. THIRD-PARTY BENEFICIARIES. Except for Timber Creek, this Agreement is not intended to create, nor shall it in any way be interpreted or construed to create any third- parry beneficiary rights in any person or entity not a party hereto. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. 24. INCORPORATION OF EXHIBITS. All exhibits attached hereto are incorporated herein. [SIGNATURES ON FOLLOWING PAGE] SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 18 5 5 663.0027.17778634.5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: By: Name: Title: CITY OF MERIDIAN: Date: By: Mayor Robert E. Simison ATTEST: Chris Johnson, City Clerk SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 19 5 5 663.0027.17778634.5 STATE OF IDAHO ) ) ss. County of Ada ) On this day of December, 2024, before me a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2024, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 20 5 5 663.0027.17778634.5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY L&G MU LLC- PARCEL NO. 1 A parcel located in. the E Y2 of the SE N of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho,more particularly described as follows. BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE % of the SE K, from which an aluminum cap monument marking the northeasterly corner of the SE A of said Section 6 bears N 0'04'44" W a distance of 2655.72 feet; Thence N 89'21'59" W along the southerly boundary of said E Y of the SE a distance of 1323,88 feet to the southwesterly corner of said E'/ of the SE 'I; Thence N 0°02'17" W along the westerly boundary of said E Z of the SE Y a distance of 2655.45 feet to the northwesterly corner of said E l of the SE ; Thence S 89°22'37" E a distance of 1321,98 feet to an aluminum cap monument marking the northeasterly corner of said E Y2 of the SE /; Thence S 0-04'44" E along the easterly boundary of said E % of the SE ,A a distance of 2655.72 feet to the POINT Of BEGiNNiMG. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by. Glenn K. Bennett, PLS PIFI Civil Survey Consultants, Incorporated SUR�r - October 13, 2015 5082 � � SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 21 5 5 663.002 7.1777 8634.5 L& G A+il,1RGOITIO, LLC— PARCEL 2 A, parcel located in the NE z4 of Section 5, Township 2 North, Range 1 East, 6oise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument markingthe northwesterly corner of said NE Ys,from which a 5/8 inch diameter iron pin marking the southwesterly corner of said NE X bears S 0'01'18" W a distance of 2674,72 feet; Thence 5 0001'19" W along the westerly boundary of said NE '4 a distance of 1854.47 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary S 78030'02" E a distance of 191.66 feet to a 5/8 inch diameter iron pin; )'hence N 43'00'20" E a distance of 108.41 feet to a 5/8 inch diameter iron pin; Thence N 68°36'37" E a distance of 694,84 feet to a 5/8 inch diameter iron pin; Thence 5 46°0231" E a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 64'59'20" E a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 0'2.2'35" W a distance of 32.24 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses; Thence N 49'59'59" Ulf a distance of 27.38 feet to a point.- Thence N 22°30'26" W a distance of 1518.71 feet to a point; Thence N 25'12'16" W a distance of 135.17 feet to a paint; Thence a distance of 153.61 feet along the arc of a 200.00 font radius crave left: said curve having a central angle of 44000'19" and a long chord bearing N 47"12'75" W a distance of 149.86 feet to a point; SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 22 5 5 663.002 7.1777 8634.5 Thence leaving said centerline N 0000'01" E a distance of 104.32 feet to a 5/8 inch diameter iron pin on the northerly boundary of said NUS+N; Thence N 89"55'47" W along said northerly boundary a distance of 297.51 feet:to the POINT OF BEGINNING. This parcel contains 32.22 acres. NOTE: This descripbon was prepared using regard information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by; Glenn K. Bennett, PfS PRO Civil Survey Consultants, Incorporated October 13, 2015 Uj to �+ K. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 23 5 5 663.0027.17778634.5 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER [TO BE INSERTED] SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 24 5 5 663.0027.17778634.5 EXHIBIT C SITE PLAN IN ;a Y ` _ NNFMI�IiN DRAFT s SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 25 5 5 663.0027.17778634.5 EXHIBIT "D" UTILITY EXTENSION $ w ch ssropn— o; v f h c .} E w Verrteal qR faitini St WV 641 # W Victory:Rd C If w We Ct W R16dasa rn c m E Rumpel Ln : l � Feet 1 750 1.500 i _ ,W Amity Rd 6 E amity Rd Legend _ 5 Existing Sewer f # 0 fulures Phase t 5ewel F 6 a •-•Fuluru Phase 2 Sower -Phase i Area I -. <''�•a`�„ �, Phase 2 Area iMeridian Ciry tirulis and Dr win i F. aty of mew nmko ne wpr(. Iepra Dr warFardit3,1Tri CFBad W Inr m as',•II,�` =0M;: ,._0.� . wr .,ov�e, �r.m�b �,�d, , :, South Meridian Utility Concept Plan nd to&lie'f�r xlaxtrsa[ies•r misuw.FUNre 9=lesa xwar Iacalidss aro pcPon814.W a�-a rWls1 ro-nwar�ri. rl+>rma"�,mWB ft.datarnpy,Mhi"b?,%.COdW dacwmrV W1P4aaWftr« and Annexation blMJYa,.e 0.asnstc!Ihi]map.Na"b&"fib bu phoreoop>d beciy ^` 1d3 E't�1r`- r�iah mLwam em deal t xm tm reanres rannri'emis XA tCaetiy. f SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 26 55663.0027.17778634.5 EXHIBIT "E" TRANSITION PLAN Timber Creek Recycling "Engineering waste to its highest and best Li,,, Date: December 3,2024 Phased Transition Plan for the Meridian Compost Site 7695 S. Locust Grove Rd Meridian, !D 83642 11;* SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 27 55663.0027.17778634.5 Phase Focus 2024 Timing %of total Cheese WAS diverted Odor o Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4 #1 on weekends at the Meridian site tt 1 o Conduct experiments of Calcium Hydroxide,"lime"(Ca(OH)2),addition to Cheese WAS at Meridian site. (Complete o Coordinate with Sorrento Lactalis on by procurement of equipment for addition December of"Lime"to Cheese WAS at Sorrento 2024) plant Dust o Effective November 111,no more Concrete/Asphalt/Tile/Porcelain)Brick accepted at the Meridian site Q1 Q2 Q3 Q4 a Continue regular dust control measures(i.e.water truck) Volume Q1 Q2 Q3 Q4 o At least 25%of the inbound Cheese WAS diverted from the Meridian site z;% Accountability o Present final Transition Plan to Q1 Q2 Q3 Q4 Meridian City Council o Begin drafting a Tier II Composting Facility"closure plan"for DEQ and CDH approval SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 28 55663.0027.17778634.5 Phase Focus 2025 Timing %of total Cheese WAS diverted Odor o Pilot,full scale addition of"lime"to Q1 Q2 Q3 Q4 #2 inbound Cheese WAS at the Sorrento tt Cheese Plant(Q1) o Incorporate treated Cheese WAS into compost process at Meridian (Complete Site and monitorfor effectiveness by (Q1) December o Ongoing coordination with Sorrento 2025) Lactalis for addition of"lime" o Fully implement"lime"addition to Cheese WAS as a odor control measure,so long as testing was successful(Q2) Dust o Final crushing of Concrete/Asphalt/Tile/Porcelain/ Brick at the Meridian Site(Q1) Q1 Q2 Q3 Q4 o Continue regular dust control measures(i.e.,water truck) Volume o Complete engineeringfor additional Q1 Q2 Q3 Q4 ASP pad(1 of 2)at the Nampa site (Q2) o Additional ASP pad(1 of 2)under construction at the Nampa site(Q3) 50% o Additional25%of inbound Cheese WAS diverted from the Meridian site (Q4) Accountability o Quarterly inspections with Meridian Q1 Q2 Q3 Q4 City Code Enforcement o Closure signage posted(Q2) o Complete a draft closure plan in coordination with CDH and DEQ SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 29 55663.0027.17778634.5 Phase FOCUS 2026 Timing %of total Cheese WAS diverted Odor o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4 it�. 3 odor control measures Dust (Complete o Continue regular dust control by measures(i.e.,watertruck) Q1 Q2 Q3 Q4 December 2026) Volume o Complete engineering for additional ASP pad(2 of 2)(Q2) Q1 I Q2 I Q3 q4 o Additional ASP pad(2 of 2)under construction atthe Nampa site(Q3) 10o�ro o 100%of the Cheese WAS diverted from the Meridian site(Q4) Accountability o Quarterly inspections with Meridian Q1 I Q2 I QS Q4 City Code Enforcement o Finalize Tier II Composting Facility Closure Plan with IDEQ and CDH(Q4) Phase Focus 2027 Timing %of total Cheese WAS diverted Odor o No cheese WAS received at the Q7 Q2 #4 Meridian site Dust (Complete o Continue regular dust control 30June measures(i.e.,water truck) Q1 Qz 2027) Volume o Sale or transfer of remaining 100% inventory Q1 Qz ' o Movement of compost/recycling materials and infrastructure off of the Meridian site Accountability o Quarterly inspection with Meridian City Code Q1 Q2 Enforcement(Q1) o Final site walk through with Meridian Code Enforcement (Q2) o Final Tier 11 site close out with CDH and DEQ(Q2) SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 30 55663.0027.17778634.5 EXHIBIT F LIST OF RECYCLING MATERIALS • Grass • Leaves • Tree waste (limbs, branches, etc.) • Stumps • Wood chips • Saw dust • Wood mulch • Christmas trees • Pine needles/cones • Mixed food waste, mainly bulk produce, some kitchen scraps (e.g., egg shells, fruits and vegetables, seeds and cores, tea bags and coffee filters (no meat)) • Pumpkins • Corn Cobs • Bean mill organic waste • Cheese Whey WAS from Sorrento Cheese Plant • Garden/landscape waste (other natural materials typically derived from general landscape like bushes and plants) • Dirt • Sod • Sheetrock • Clean construction wood (plywood, dimensional lumber, etc.) • Manure (chicken, llama, horse, cow) SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 31 5 5 663.0027.17778634.5 • Compost and compost screenings • Dairy compost • Mushroom compost • Potato cake • Straw • Hay • Agricultural rejects (e.g. onions, potatoes, silage beets, corn, peppers, peas, beans, mint, etc.) • Compostable plates, cups &utensils,paper • Paper leaf bags and small quantities of compostable paper and cardboard. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 32 5 5 663.0027.17778634.5 SECOND MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L & G Murgoitio, LLC THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2024, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and L & G Murgoitio, LLC, an Idaho limited liability company, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called"Owner/Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho ("Original Agreement"); and 1.7 WHEREAS, the City and the Owner/Developer entered into that certain Modified Development Agreement, dated June 11, 2019, recorded as SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 1 5 5 663.0027.17778634.5 Instrument No. 2019-053058, Records of Ada County, Idaho ("Modified Agreement'), to amend and replace the Original Agreement; and 1.8 WHEREAS, the City, Owner/Developer, and Timber Creek agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time this Agreement was approved and executed that are necessary for the continued and future use of the Property; and 1.9 WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.10 WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.11 WHEREAS, the Meridian City Council, on the day of , 2024, approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B" and have been accepted by Owner/Developer and Timber Creek; and 1.12 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Modified Agreement; and 1.13 WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.14 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City and from affected property owners. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 2 5 5 663.0027.17778634.5 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 3 5 5 663.0027.17778634.5 4.3 Any existing and future written agreements for the collection, disposal, processing or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an "agricultural operation", as defined in Idaho Code § 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles (registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Allow Timber Creek Recycling, LLC ("Timber Creek") to operate on the portion of the Property ("Recycling Property") outlined on the site plan ("Site Plan") attached hereto as Exhibit "C" and incorporated herein, as Timber Creek is currently operating or may operate in the future, whether under the name of Timber Creek Recycling or another name or entity, subject to the provisions of Section 5 and Section 6 of this Agreement. 5. OPERATION OF TIMBER CREEK RECYCLING. As set forth in Section 4.8 of this Agreement, but as limited by Section 6.14 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek's operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives the materials identified in Exhibit "F", attached hereto and incorporated herein (collectively "Recycling Materials") at the Recycling Property for Recycling Activities (defined below). Timber Creek SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 4 5 5 663.0027.17778634.5 shall not accept any other materials or products at the Recycling Property for Recycling Activities. 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Recycling Materials on the Recycling Property ("Recycling Activities"). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Recycling Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. 5.2.6 Miscellaneous Recycling Activities. Timber Creek may engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), forklifts, and other heavy equipment, preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 5 5 5 663.0027.17778634.5 leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support, or are in furtherance of the Recycling Activities ("Related Activities"). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Recycling Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. 5.3.3 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include, but are not limited to, mulch, compost,bark, playground chips, sand, stone, etc. 5.4 Retail Sales. Within the area on the Site Plan marked "Retail Sale" ("Retail Area"), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: (a) April—October: a. Monday—Saturday: 8:00 a.m. to 6:00 p.m. b. Sundays: Closed (b) November—March: a. Monday—Saturday: 9:00 a.m. to 4:00 p.m. b. Sundays: Closed SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 6 5 5 663.0027.17778634.5 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: (a) Commercial vehicles, as defined in Idaho Code §49-123(d). (b) Vehicles with more than two (2) axels; provided, however, that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips, and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following: a) a scale house with approximate dimensions of forty five feet by fifteen feet (45'x15'); b) a restroom with approximate dimensions of twenty feet by eight feet (20'x8') with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute "development" as defined in Section 3.4. 6. CONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER CREEK RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's operation on the Property, Timber Creek shall comply with the following conditions on its operation: 6.1 Extent of Operations on Property. Timber Creek's Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may use processed Recycling Materials on the balance of the Property. 6.2 Compliance. Timber Creek shall comply with all federal, state and local entities with jurisdiction, including, but not limited to the Idaho Department of Environmental Quality ("IDEQ"), the Central District Health Department ("CDHD"), Department of Agriculture, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a conviction or final order by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: 6.2.1 Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 7 5 5 663.0027.17778634.5 6.2.2 Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and 6.2.3 Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 6.3 Composting. Composting on the Recycling Property shall be conducted in accordance with applicable law, rules and regulations. Timber Creek has obtained the necessary approvals to operate a Tier 2 composting facility and is currently operating a Tier 2 composting facility on the Recycling Property. In the event of any change in Timber Creek's approvals for the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide notice of such changes to the City. In connection with operating a Tier 2 facility on the Recycling Property, Timber Creek shall: 6.3.1 Odor Management. Continue to operate under the odor management plan which has been approved by IDEQ. In the event of a change to the odor management plan, Timber Creek will provide a copy of the revised odor management plan approved by IDEQ to the City. 6.3.2 Compliance with IDEQ and Central District Health. Comply with all requirements of IDEQ and CDHD as part of the Tier 2 approval process. Timber Creek shall cooperate with IDEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.4 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek's Recycling Activities: 6.4.1 Mufflers. Timber Creek will maintain a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. 6.4.2 Landscaping. Timber Creek will maintain the trees and other landscaping features on the Recycling Property, which were installed in accordance with MCC 11-31-1-41), to mitigate the sound generated on the Recycling Property by the Recycling Activities. 6.5 Hours of Operation. Recycling Activities on the Property will be limited to the following: 6.5.1 Monday—Friday: 7:00 a.m. to 6:00 p.m. 6.5.2 Saturday: 8:00 a.m. to 6:00 p.m. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 8 5 5 663.0027.17778634.5 6.6 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber Creek will keep the height of piles of Recycling Materials at the greater of. (a) twenty-five (25) feet, and (b) the height permitted by the Meridian Fire Department under applicable code, regulations and rules. 6.7 Dust Abatement. 6.7.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.7.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.7.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.7.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.7.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.7.6 Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-513-1. 6.8 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 6.8.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section 6.8, and shall not constitute a nuisance. 6.8.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6.8.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, "Truckload" shall mean any truck or vehicle carrying ten (10) or more cubic yards SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 9 5 5 663.0027.17778634.5 of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: (a) Vehicular traffic associated with the agricultural use of the Property such as delivery of feed, livestock, equipment and fertilizer or the removal of crops, livestock, equipment, feed, waste or fertilizer; (b) Vehicles to and from the Retail Area•, (c) Vehicular traffic to and from the Property not carrying Recycling Materials; and (d) Vehicular traffic from the Property delivering Recycling Materials for agricultural uses. 6.9 Agency Requirements/Recommendations. Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.9.1 Fire. (a) Emergency Plan. Timber Creek with comply with the emergency plan previously delivered to the Meridian Fire Code Official. Timber Creek shall provide the City with an updated or revised emergency plan and comply with the updated ore revised emergency plan. (b) Process Hazard Analysis. Timber Creek shall prepare a process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11-17 (2015) and deliver to the Meridian Fire Code Official, if required by the Meridian Fire Code Official. 6.9.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. 6.9.3 Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services,upon advance notice. 6.9.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 10 5 5 663.0027.17778634.5 6.9.5 Nuisance. Timber Creek shall not keep the Recycling Property and all associated grounds in a manner that constitutes a public nuisance, as defined in Meridian City Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2- 4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8. 6.11 Mechanical Equipment. All mechanical equipment (excluding all private or commercial vehicles) and power-driven processing equipment on the Recycling Property shall be operated at least 300 feet from abutting residential districts. All shipping and delivery areas, storage and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian. 6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable materials is prohibited on the Property. 6.13 Site Plan. Attached hereto as Exhibit "C" is a site plan which: a) defines the Property; b) defines the Recycling Property; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the current location of the equipment to be used for the Recycling Activities. Subject to the limitations in Section 6.11, Timber Creek may change the location of the equipment to be used for the Recycling Activities so long as the equipment is operated within the Recycling Property. The Recycling Property shall not exceed the identified thirty-six (36) acres in total. 6.14 Termination of Recycling Activities. 6.14.1 Complete Termination. On or before June 30, 2027 ("Termination Date"), Timber Creek shall: (a) cease all Recycling Activities on the Recycling Property; (b) have removed all Recycling Materials from the Recycling Property; (c) have removed all improvements constructed pursuant to Section 5.5 of this Agreement from the Recycling Property; and (d) have removed all equipment, fixtures, and personal property used primarily for the Recycling Activities from the Recycling Property. 6.14.2 Use of Property after July 1, 2027. As of July 1, 2027 the Property may only be used for the uses allowed under Section 4.1, Section 4.6, Section 4.7, and Section 6.14.4 of this Agreement. 6.14.3 Transition Plan. Prior to the Termination Date, Timber Creek shall cease accepting certain Recycling Materials, and shall accept reducing quantities of other Recycling Materials, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber Creek shall also comply with other tasks and the timelines set forth in the Transition Plan. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 11 5 5 663.0027.17778634.5 6.14.4 Parking of Trucks. Notwithstanding the foregoing, following the Termination Date Timber Creek may park commercial equipment on the Property, provided that: (a) the number and size of trucks does not exceed the limits set forth in Section 6.8.3; the commercial equipment is not operated on the Property (excepting the necessary actions to park and remove the commercial equipment). 6.14.5 Signage. On or before July 1, 2025, Timber Creek shall post a sign on the Recycling Property in a location adjacent to South Locust Grove Road and a second sign on the Recycling Property in a location adjacent to Columbia Road, both of which will state the following: "THIS FACILITY WILL CLOSE ON JUNE 30, 2027." The sign will comply with the size requirements set forth in Meridian City Code 11-5A-6(D)(2)(b)(I), and the letters will be no less than six inches in height. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 12 5 5 663.0027.17778634.5 (including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: (a) Water Mains; and (b) Sewer Mains; and (c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit "D", incorporated by reference to this Agreement. 8.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 8.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subject to the following conditions: (a) Acts of God; or (b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or (c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or (d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or (e) Economic limitations, as prescribed by law; or (f) Permitting limitations or denials; or (g) The inability to acquire the necessary easements for the Utility Extension; or SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 13 5 5 663.0027.17778634.5 (h) Geology and/or geography of the area; or (i) Weather conditions that may cause delay; or (j) Unavailability or delay of materials for the Utility Extension; or (k) Review or delay by other agencies needed for approvals of the Application or Utility Extension; or (1) Labor disputes, strikes, work stoppages; or (m) Limitations by other governmental, semi-governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or (n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. 8.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections 8.2(a) to 8.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC. 9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period. In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting parry written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Remedies. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 14 5 5 663.0027.17778634.5 9.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. This remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de-annex the Property. 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 15 5 5 663.0027.17778634.5 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check, or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 16 5 5 663.0027.17778634.5 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. This Agreement amends and replaces the Original Agreement and the Modified Agreement. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 17 5 5 663.0027.17778634.5 City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. THIRD-PARTY BENEFICIARIES. Except for Timber Creek, this Agreement is not intended to create, nor shall it in any way be interpreted or construed to create any third- parry beneficiary rights in any person or entity not a party hereto. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. 24. INCORPORATION OF EXHIBITS. All exhibits attached hereto are incorporated herein. [SIGNATURES ON FOLLOWING PAGE] SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 18 5 5 663.0027.17778634.5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: By: Name: Title: CITY OF MERIDIAN: Date: By: Mayor Robert E. Simison ATTEST: Chris Johnson, City Clerk SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 19 5 5 663.0027.17778634.5 STATE OF IDAHO ) ) ss. County of Ada ) On this day of December, 2024, before me a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2024, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 20 5 5 663.0027.17778634.5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY L&G MU LLC- PARCEL NO. 1 A parcel located in. the E Y2 of the SE N of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho,more particularly described as follows. BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE % of the SE K, from which an aluminum cap monument marking the northeasterly corner of the SE A of said Section 6 bears N 0'04'44" W a distance of 2655.72 feet; Thence N 89'21'59" W along the southerly boundary of said E Y of the SE a distance of 1323,88 feet to the southwesterly corner of said E'/ of the SE 'I; Thence N 0°02'17" W along the westerly boundary of said E Z of the SE Y a distance of 2655.45 feet to the northwesterly corner of said E l of the SE ; Thence S 89°22'37" E a distance of 1321,98 feet to an aluminum cap monument marking the northeasterly corner of said E Y2 of the SE /; Thence S 0-04'44" E along the easterly boundary of said E % of the SE ,A a distance of 2655.72 feet to the POINT Of BEGiNNiMG. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by. Glenn K. Bennett, PLS PIFI Civil Survey Consultants, Incorporated SUR�r - October 13, 2015 5082 � � SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 21 5 5 663.002 7.1777 8634.5 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER [TO BE INSERTED] SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 22 5 5 663.0027.17778634.5 EXHIBIT C SITE PLAN €;pa 1 ' ? 7-- �.. !'!9 t COMPOSTINGIFARM IIcOMPOSTinG ITORhGE °n woo, DRAFT 1 SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 23 5 5 663.0027.17778634.5 EXHIBIT "D" UTILITY EXTENSION $ w ch ssropn— o; v f h c .} E w Verrteal qR faitini St WV 641 # W Victory:Rd C If w We Ct W R16dasa rn c m E Rumpel Ln : l � Feet 1 750 1.500 i _ ,W Amity Rd 6 E amity Rd Legend _ 5 Existing Sewer f # 0 fulures Phase t 5ewel F 6 a •-•Fuluru Phase 2 Sower -Phase i Area I -. <''�•a`�„ �, Phase 2 Area iMeridian Ciry tirulis and Dr win i F. aty of mew nmko ne wpr(. Iepra Dr warFardit3,1Tri CFBad W Inr m as',•II,�` =0M;: ,._0.� . wr .,ov�e, �r.m�b �,�d, , :, South Meridian Utility Concept Plan nd to&lie'f�r xlaxtrsa[ies•r misuw.FUNre 9=lesa xwar Iacalidss aro pcPon814.W a�-a rWls1 ro-nwar�ri. rl+>rma"�,mWB ft.datarnpy,Mhi"b?,%.COdW dacwmrV W1P4aaWftr« and Annexation blMJYa,.e 0.asnstc!Ihi]map.Na"b&"fib bu phoreoop>d beciy ^` 1d3 E't�1r`- r�iah mLwam em deal t xm tm reanres rannri'emis XA tCaetiy. f SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 24 55663.0027.17778634.5 EXHIBIT "E" TRANSITION PLAN Timber Creek Recycling "Engineering waste to its highest and best Li,,, Date: December 3,2024 Phased Transition Plan for the Meridian Compost Site 7695 S. Locust Grove Rd Meridian, !D 83642 11;* SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 25 55663.0027.17778634.5 Phase Focus 2024Timin %of total Cheese WAS diverted Odor o Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4 #1 on weekends at the Meridian site tt 1 o Conduct experiments of Calcium Hydroxide,"lime"(Ca(OH)2),addition to Cheese WAS at Meridian site. (Complete o Coordinate with Sorrento Lactalis on by procurement of equipment for addition December of"Lime"to Cheese WAS at Sorrento 2024) plant Dust o Effective November 111,no more Concrete/Asphalt/Tile/Porcelain/Brick accepted at the Meridian site Q1 Q2 Q3 Q4 a Continue regular dust control measures(i.e.water truck) Volume Q1 Q2 Q3 Q4 o At least 25%of the inbound Cheese WAS diverted from the Meridian site z;% Accountability o Present final Transition Plan to Q1 Q2 Q3 Q4 Meridian City Council o Begin drafting a Tier II Composting Facility"closure plan"for DEQ and CDH approval SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 26 55663.0027.17778634.5 Phase Focus 2025 Timing %of total Cheese WAS diverted Odor o Pilot,full scale addition of"lime"to Q1 Q2 Q3 Q4 #2 inbound Cheese WAS at the Sorrento tt Cheese Plant(Q1) o Incorporate treated Cheese WAS into compost process at Meridian (Complete Site and monitorfor effectiveness by (Q1) December o Ongoing coordination with Sorrento 2025) Lactalis for addition of"lime" o Fully implement"lime"addition to Cheese WAS as a odor control measure,so long as testing was successful(Q2) Dust o Final crushing of Concrete/Asphalt/Tile/Porcelain/ Brick at the Meridian Site(Q1) Q1 Q2 Q3 Q4 o Continue regular dust control measures(i.e.,water truck) Volume o Complete engineeringfor additional Q1 Q2 Q3 Q4 ASP pad(1 of 2)at the Nampa site (Q2) o Additional ASP pad(1 of 2)under construction at the Nampa site(Q3) 50% o Additional25%of inbound Cheese WAS diverted from the Meridian site (Q4) Accountability o Quarterly inspections with Meridian Q1 Q2 Q3 Q4 City Code Enforcement o Closure signage posted(Q2) o Complete a draft closure plan in coordination with CDH and DEQ SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 27 55663.0027.17778634.5 Phase FOCUS 2026 Timing %of total Cheese WAS diverted Odor o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4 it�. 3 odor control measures Dust (Complete o Continue regular dust control by measures(i.e.,watertruck) Q1 Q2 Q3 Q4 December 2026) Volume o Complete engineering for additional ASP pad(2 of 2)(Q2) Q1 I Q2 I Q3 q4 o Additional ASP pad(2 of 2)under construction atthe Nampa site(Q3) 10o�ro o 100%of the Cheese WAS diverted from the Meridian site(Q4) Accountability o Quarterly inspections with Meridian Q1 I Q2 I QS Q4 City Code Enforcement o Finalize Tier II Composting Facility Closure Plan with IDEQ and CDH(Q4) Phase Focus 2027 Timing %of total Cheese WAS diverted Odor o No cheese WAS received at the Q7 Q2 #4 Meridian site Dust (Complete o Continue regular dust control 30June measures(i.e.,water truck) Q1 Qz 2027) Volume o Sale or transfer of remaining 100% inventory Q1 Qz ' o Movement of compost/recycling materials and infrastructure off of the Meridian site Accountability o Quarterly inspection with Meridian City Code Q1 Q2 Enforcement(Q1) o Final site walk through with Meridian Code Enforcement (Q2) o Final Tier 11 site close out with CDH and DEQ(Q2) SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 28 55663.0027.17778634.5 EXHIBIT F LIST OF RECYCLING MATERIALS • Grass • Leaves • Tree waste (limbs, branches, etc.) • Stumps • Wood chips • Saw dust • Wood mulch • Christmas trees • Pine needles/cones • Mixed food waste, mainly bulk produce, some kitchen scraps (e.g., egg shells, fruits and vegetables, seeds and cores, tea bags and coffee filters (no meat)) • Pumpkins • Corn Cobs • Bean mill organic waste • Cheese Whey WAS from Sorrento Cheese Plant • Garden/landscape waste (other natural materials typically derived from general landscape like bushes and plants) • Dirt • Sod • Sheetrock • Clean construction wood (plywood, dimensional lumber, etc.) • Manure (chicken, llama, horse, cow) SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 29 5 5 663.0027.17778634.5 • Compost and compost screenings • Dairy compost • Mushroom compost • Potato cake • Straw • Hay • Agricultural rejects (e.g. onions, potatoes, silage beets, corn, peppers, peas, beans, mint, etc.) • Compostable plates, cups &utensils, paper • Paper leaf bags and small quantities of compostable paper and cardboard. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 30 5 5 663.0027.17778634.5 SECOND MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L & G Murgoitio, LLC THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 241-12024, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and L& & G Murgoitio, LLC, an Idaho limited liability comnanv, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called"Owner/Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A"—which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho ("Original Agreement"); and 1.7WHEREAS, the City, Owner,/Developer-and Timber-Creek (as defined below) have negotiated tefms and eenditiefis into this Agreement to elar-ify th-e SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 1 446-6-3 4.1 55663.0027.17778634.5 usesyeimitted tmder-the Original Agreement, to allow rthe eentinmed use of Property the pefmittedfuture uses Of the PFOpeftty; and 1.7 WHEREAS, the City and the Owner/Developer entered into that certain Modified Development Agreement, dated June 11, 2019, recorded as Instrument No. 2019-053058, Records of Ada County, Idaho ("Modified Agreement'), to amend and replace the Original Agreement; and 1.8 WHEREAS, the City, Owner/Developer, and Timber Creek agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time this Agreement was approved and executed that are necessary for the continued and future use of the Property; and 1 2 4-.8WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.10 4:9WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.11 440WHEREAS, the Meridian City Council, on the day of , 20- 92024, approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B" and have been accepted by Owner/Developer and Timber Creek; and 1.12 444WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Original Development ate danuar-y 26, 2016, eeer-ded-as ns4ument No. 2016 007075, Reeer-ds-of Ada Cow", id iModified Agreement; and 1.13 443WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.14 443WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 2 55663.0027.17778634.5 herein being established as a result of evidence received by the City and from affected property owners. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 3 446-6-3 4.1 55663.0027.17778634.5 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, processing or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an "agricultural operation", as defined in Idaho Code § 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles (registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Operate—Allow Timber Creek Recycling—, LLC ("Timber Creek"1 to o on the portion of the Property ("Recycling Property") outlined on the site plan ("Site Plan") attached hereto as Exhibit "C" and incorporated herein, as Timber Creek is currently ego erg operating or may be steed operate in the future, whether under the name of Timber Creek SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 4 446-6-3 4.1 55663.0027.17778634.5 Recycling or another name or entity, for a maximum period of ten (1 n` years from the date the City Council approves the signed Agf!eetne Upon the expiration of ten (10) y'ear- period, llReeyeling Aetivities (as defined e Section 5.2) shams provided, however-, Timber- Creek m submit an plie do to the City G..unei - r thp- Reeyeling Activities and detefmine whether to pefmit TimberCreel to continue-the Reeyeling Aefivities. Timber- Creek shall nit the r-equcst fof!reviewo later than one (1) yearprior- to the expiration of the te., (1 n) year- period. Upon review, the rit y rotmeil may, at the Git-f Gotineills sale diser-etien.-a) ele^et to gfart or- refuse gmat additional time Timber Greek to eenduet the Reeyeling—Activit1es on the Deeyeling Property past the initial ten (1 n) year-period; andb) should additional time be granted, r-equire more—or--dif€erent eonditions on the veyeliffg Actin the y-Coiineil does not eleetto gf!ant Timber-meek additional time to . ,-."et Deeyeling Aetivities on the Deeyeling Dreperty beyond the initial ten (10) year- tltne Pef!lnd-then,at they Eeunei" .lireetio and by the date determined by the Git-y G..tineil the D eeyeli*g zA etivities--s-h"lull eease an'brnrz all materials, equipment struetHfes,si c modineatiens,ete. assoeiated with the v cling Aetivity shalle r-emoved and the Deeyeling Property reel.,ime.l to its former ., „lfi,rnl uise/eonditioH in the event the l ity G r,eil gr-ay.ts Timber- Greek additional time to r,duet the Deeyeli„g A etiyities .,fief the initial ten (1 nl year- period, then the City Gouneil the Reeyeling Aetivities- upon the expiration of the—additionaltin-pe in -aeeerdanee with the foregoing pr-eeedtffes, eonditions and timelines. subject to the provisions of Section 5 and Section 6 of this Agreement. 5. Operation of Timber- Creek ReeyelingOPERATION OF TIMBER CREEK RECYCLING. As set forth in Section 4.8 of this Agreement, but as limited by Section 6.14 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek's operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives the folio ixg--materials identified in Exhibit "F", attached hereto and incorporated herein (collectively "Reeyeled Recycling Materials") at the Recycling Property for Recycling Activities (defined below):. Timber Creek shall not accept any other materials or products at the Recycling Property for Recycling Activities. 5.1.1 Wood. Wood is and will be delivered to the Reeyeling Pr-epefty she Ada Cott,t y Landfill,a Republie Sefvieesidether-setimes. SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - 14 2019 0042 H- 2024-5533 -Page 5 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 5.1 2 Gr-ass. Grass elippings are and ill be ,aeliyefyd to the Reeyekag Pr-opertomRepubfie Serumand other—seufees. 5.1.3 Leaves.heaves areand will e delivered to *�tecycling Pr-opefty from the Ada County Landfill and othet! soiffees. 5.1.4--SheetFoek. Sheetroek—awe p and will delivered to the Recycling Property from Republie Servi Qther seltrees. 5 Food Waste. T�'..o rite will b e Doi y 5��. .,�� . � mere to ��� ng Property ftem Republie Services,:dother sources. 5.1.6 Car-den-rite--FFaMen waste will be delivered to the Recycling Property ftem Republie Services and othefseurees. 5.1�ieF MateFials Timbef creek is--allowed to—aec pt of er- nia4er-ials to r-eeyele whieh are of the same ea4egor-y as the materials identified in S ions S I I 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Reeled-Recycling Materials on the Recycling Property ("Recycling Activities"). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 6 446-63 nm747.778634 1 55663.0027.17778634.5 affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Reeyeled—Recycling Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. The f edit. and all asseeiated gr-o ,n shall be maintained in an oFderly manner- to keep them from beeoming a publie nuisance as defined in Mer-idian City Code (MGG) 4 2 1; pr-oee"r-es and penalties for- general - '- - -- e listed in MCC 4 2 4. in addition to the remedies available thr-ough the enfor-eenient of this r o ott 5.2.6 Aliseellaneous. agage Miscellaneous Recycling Activities. Timber Creek may engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), fa tsforklifts, and other heavy equipment,preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support, or are in furtherance of the Recycling Activities ("Related Activities"). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Reeyeled-Recycling Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 7 446-6-3 4.1 55663.0027.17778634.5 Complianee. G mpl; ee with federal, state and loeal-entiti�s U.S. Department of Agr-ieultiffe, the Ada Cowity Air- Quality Boaf!d, and the 1daho DepaFtment of Water-Resour-ees. The City may eonsider- a finding by one of these named ageneies of violations of their regulations to be a cause for a violati peement. Timber Creek shall take any .tio t (a) Comply with conditions imposedt by ., and all o aferementioned entities with jur-isdietionr—el-atmg to the (b) Comply with the mles 'a egulati$ns—relating—t6 the be adopted, r-evised or- r-e intefpr-etea by any d all-of .,f:.,.vme tione l entities withjurisdiction; a l ( Gur-e or esffeet def4eieneies or-issues identified by any—and all of'aforementioned entities with jtifisdietien. 5.3.3 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include,but are not limited to, mulch, compost,bark,playground chips, sand, stone, etc. 5.4 Retail Sales. Within the area on the Site Plan marked "Retail Sale" ("Retail Area"), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: (a) April—October: a. Monday—Saturday: 8:00 a.m. to 6:00 p.m. b. Sundays: Closed (b) November—March: a. Monday—Saturday: 9:00 a.m. to 4:00 p.m. b. Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 8 446-6-3 4.1 55663.0027.17778634.5 (a) Commercial vehicles, as defined in Idaho Code §49-123(d). (b) Vehicles with more than two (2) axels; provided, however, that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips, and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following-: a) a scale house with approximate dimensions of forty five feet by fifteen feet (45'xl5'); b) a restroom with approximate dimensions of twenty feet by eight feet (20'x8') with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute "development" as defined in Section 3.4. 6. Conditions and Limitations to Operation of Timber- C ReeyelingCONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER CREEK RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's operation on the Property, Timber Creek shall comply with the following conditions on its operation: 6.1 Extent of Operations on Property. Timber Creek's Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may use processed Recycling Materials on the balance of the Property. 6.2 Compliance. Timber Creek shall comply with all federal, state and local entities with jurisdiction, including, but not limited to the Idaho Department of Environmental uality ("IDEO"l, the Central District Health Department ("CDHD"), Department of Agriculture, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a conviction or final order by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: 6.2.1 Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities: SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 9 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 6.2.2 Comply with the rules and regulations relating to the Recvclin� Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and 6.2.3 Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 3 Composting. Composting on the Recycling Property shall be conducted in accordance with applicable law, rules and regulations. Prior to ,.,.,.,posti g i ,,,,ant ties w>,: >, would,-eq, al--as-Timber Creek has obtained the necessary approvals to operate a Tier 2 composting facility, Timber- Gr-ee, shall satisfy al r o effts imposed o Tier- 2 , osti ,. facilities by the 1dahe Department of Environmental Quality ("DEQ"). Timber Creek sh pfevide proof of satisfaetion of ' and is currently operating a Tier 2 composting facility. in eenneEtien with the Tier- 2 designa4ien preys-any on the Recycling Property. In the event of any change in Timber Creek's approvals for the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide notice of such changes to the City. In connection with operating as-a Tier 2 facility on the Recycling Property, Timber Creek shall: 6.3.1 Odor Management. Adopt an Continue to operate under the odor management plan as part of Tier 2 approval preeess that sa4isfies DEQ Upon being designated as a Tier- 2 eemposting f editwhich has been approved by IDEO. In the event of a change to the odor management plan, Timber Creek will provide a copy of the revised odor management plan approved by SIDE to the City. 6.3.2 Compliance with DEQ and Central District Health. Comply with all requirements of DEQ and the rents' Distfiet 14ealth Depa.E, ent VIDEQ and CDHD" =as part of the Tier 2 approval process. Following appr-oval as a Tier-2 faei t�-, Timber Creek shall cooperate with DEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.4 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek's Recycling Activities: � 6 4.1 Mufflers. Timber Creek will maintain a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. Timber-Creek shall pr-evide notiee to the City"on the installation of the muffler-s. 6 4.2 Landscaping. Timber Creek will install maintain the trees and other landscaping features on the Recycling Property it a manner- as rreser-i e 4„ ; which were installed in accordance with MCC 11-3H-4D, as is depieted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities.Sai !a-ndseapin . shall be SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - 14 2014 0042 H- 2024-5533 -Page 10 55663.0027.17778634.5 installed j9pier to eemmeneement of Tier- 2 eemposting provided that the pilot programs for- obtaining Tier 2 designation, as required by DEQ, may . . io the installation of the 4ndseaping or- befms as shown on the site plan. Timber- Creek shall provide flotiee to the city when the landseaping set forth in this Modified Agreement has been installed. 6.5 Hours of Operation. Recycling Activities on the Property will be limited to the following: 6.5.1 (a)Monday-Friday: 7:00 a.m. to 6:00 p.m. 6.5.2 (.b)Saturday: 8:00 a.m. to 6:00 p.m. 6.6 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber Creek will 6.4.1 rLasndseaping Timber-Creek will eemply with the e"ir-efnents of Seet; 2 7 6.4 2 Height'egg t of Reeyeling MateFials. Timber- Greek-wih-keep the height of piles of Recycling Materials at the greater of: a) twenty-five (25) feet, and b) the height permitted by the Meridian Fire Department under applicable code,regulations and rules. 67 Dust Abatement. 6.7.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.7.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.7.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.7.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.7.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2019 0042 H- 2024-5533 -Page 11 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 6.7.6 6-.5-.6Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-513-1. 6.8 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 6.8.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section "6.8, and shall not constitute a nuisance. 6.8.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6.8.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, "Truckload" shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: (a) Vehicular traffic associated with the agricultural use of the Property such as delivery of feed, livestock, equipment and fertilizer or the removal of crops, livestock, equipment, feed, waste or fertilizer; (b) Vehicles to and from the Retail Area; (c) Vehicular traffic to and from the Property not carrying Recycling Materials; and (d) Vehicular traffic from the Property delivering Recycling Materials for agricultural uses. 6.9.9 Agency Requirements/Recommendations. Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.9.1 Fire. (a) Emergency Plan. Timber Creek shall and delivef an—with comply with the emergency plan previously delivered to the Meridian Fire Code Official. Timber Creek shall provide the SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - 14 2014 0042 g- 2024-5533 -Page 12 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 City with an undated or revised emergency plan and comply with the updated ore revised emergency plan. (b) Process Hazard Analysis. Timber Creek shall prepare a process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11-17 (2015) and deliver to the Meridian Fire Code Official, if required by the Meridian Fire Code Official. 6.9.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. 6.9.3 Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services, upon advance notice. 6.9.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. *7 6.8 Termination of Recycling etiyities�Reeyeli g Activities en the > tmiess pefmit4ed in the > upon the earliest of the following to 6.8.1 Conveyanee to Third Party. Upon the eenveyanee of the > > > that the eenveyanee of the Re6yelifig Pr-epei4y! 1) via intestaey or- other- estate planning devise or- instrdment; 2) to an iffiffledia family member- of any member- of the Owner�Develeper- or- Timber- Creek; or- 3) to an affiliat entity, will not 4igger- the elimination of the Reeyeling Aefivifies. For- Purposes of this Seetieft ccaffiliated entity" is an entity. (a) "ieh is a sueeesser- to OwneF�Developer- or- Tim Creek by either- merger- of- eenselidation or- pttr-sua*t to sale of all or- s4stantially all e Owner,'Developer- or- Timber- Creek's assets or- member-ship ii+terests, E)r- (b) an entity eontr-ellea > with, > or- 6.4v-cr2 Development of Adj eent -PFopeFt'. Within thi y-(30) day vi wr-44en nefiee that the City has granted a Geffifieate of Oeeupa-ney to any new residential or- on the a#aehed Exhibit "C", being defiver-ed to Timber- Creek. For- pufpeses of this Seetiefl. ccnew residential or-eemmer-eial » shall mean real pr-epefty whieh has.: SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 13 55663.0027.17778634.5 residential designation of R 4 or-denser-; City Codedexeepting however anyTeal i propefty subdivid Agreement,in no event will the issuanee of a Get4ifiea4e of Oeettpaney fof any stfueture existing as of the date of this as may be expanded, altered, of for- any new aeeessor-y 6.9 Tolling of Dead1n,ines i the eLefft the appfoval of this A gfeemei31t fis ehallenged> eonlested of appealed, > the deadlines imposed on Timber-Creek undef eontents and appeals have been eompletely and finally r-esolved. 6.9.5 Nuisance. Timber Creek shall not keen the Recycling Property and all associated grounds in a manner that constitutes a public nuisance, as defined in Meridian City_ Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2- 4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-313.8. 6.11 Mechanical Equipment. All mechanical equipment (excluding all private or commercial vehicles) and epef:atiens, power-driven processing equipment ;md oper-a4ieffs-on the Recycling Property shall be Ieeated-operated at least 300 feet from abutting residential districts. All shipping and delivery areas, storage and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian. 6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable materials is prohibited on the Property. 6.13 Site Plan. Attached hereto as Exhibit"C" of this Agreement, to the Ciyy is a site plan which: a) defines the Property; b) defines the Recycling Property-; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the genecurrent location of the equipment to be used for the Recycling Activities. Su biect to the limitations in Section SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - 14 2019 0042 g- 2024-5533 -Page 14 55663.0027.17778634.5 6.11, Timber Creek may change the location of the equipment to be used for the Recycling Activities so long as the equipment is operated within the Recycling Property. The Recycling Property shall not exceed the identified thirty-six(36) acres in total. 6.14 Termination of Recycling Activities. 6.14.1 Complete Termination. On or before June 30, 2027 ("Termination Date"), Timber Creek shall: (a) cease all Recycling Activities on the Recycling Property: (b) have removed all Recycling Materials from the Recycling Property: (cl have removed all improvements constructed pursuant to Section 5.5 of this Agreement from the Recycling Property: and (d) have removed all equipment, fixtures, and personal property used primarily for the Recycling Activities from the Recycling Property. 6.14.2 Use of Property after July 1, 2027. As of July 1, 2027 the Property may only be used for the uses allowed under Section 4.1 Section 4.6, Section 4.7, and Section 6.14.4 of this Agreement. 6.14.3 Transition Plan. Prior to the Termination Date. Timber Creek shall cease accepting certain Recycling Materials, and shall accept reducing quantities of other Recycling Materials, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber Creek shall also comply with other tasks and the timelines set forth in the Transition Plan. 6.14.4 Parking of Trucks. Notwithstanding the foregoing, following the Termination Date Timber Creek may park commercial equipment on the Property, provided that: a) the number and size of trucks does not exceed the limits set forth in Section 6.8.3: the commercial equipment is not operated on the Property (excepting the necessary actions to park and remove the commercial equipment). 6.14.5 Signage. On or before July 1, 2025, Timber Creek shall post a sign on the Recycling Property in a location adjacent to South Locust Grove Road and a second sign on the Recycling Property in a location adjacent to Columbia Road, both of which will state the following: "THIS FACILITY WILL CLOSE ON JUNE 30, 2027." The sign will comply with the size requirements set forth in Meridian City Code 11-5A-6(D)(2)(bl(1), and the letters will be no less than six inches in height. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 15 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan (including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: (a) Water Mains; and (b) Sewer Mains; and (c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit "D", incorporated by reference to this Agreement. 8.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 8.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 16 446-6-3 4.1 55663.0027.17778634.5 the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subject to the following conditions: (a) Acts of God; or (b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or (c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or (d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or (e) Economic limitations, as prescribed by law; or (f) Permitting limitations or denials; or (g) The inability to acquire the necessary easements for the Utility Extension; or (h) Geology and/or geography of the area; or (1) Weather conditions that may cause delay; or (j) Unavailability or delay of materials for the Utility Extension; or (k) Review or delay by other agencies needed for approvals of the Application or Utility Extension; or (1) Labor disputes, strikes, work stoppages; or (m) Limitations by other governmental, semi-governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or (n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 17 446-6-3 4.1 55663.0027.17778634.5 8.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections 8.2(a) to 8.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC. 9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period. In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Remedies. 9.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sale This remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de-annex the Property. 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 18 446-6-3 0m7 i777Q6zn 1 55663.0027.17778634.5 deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check-,or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 43. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2019 0042 H- 2024-5533 -Page 19 446-6-3 4.1 55663.0027.17778634.5 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 20 446-6-3 4.1 55663.0027.17778634.5 alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. This Agreement amends and replaces the Original Agreement and the Modified Agreement. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. THIRD-PARTY BENEFICIARIES. Except for Timber Creek. this Agreement is not intended to create, nor shall it in any way be interpreted or construed to create any third- party beneficiary rights in any person or entity not a party hereto. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. 24. INCORPORATION OF EXHIBITS. All exhibits attached hereto are incorporated herein. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 21 446-6-3 4.1 55663.0027.17778634.5 [SIGNATURES ON FOLLOWING PAGE] SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 22 446-6-3 4.1 55663.0027.17778634.5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: By: Name: Title: CITY OF MERIDIAN: Date: By: Mayor Tammy De Weer- Robert E. Simison ATTEST: r' e-sChris Johnson, City Clerk SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 23 446-6-3 4.1 55663.0027.17778634.5 STATE OF IDAHO ) ) ss. County of Ada ) On this day of 9etobefDecember, 2024, before me a Notary Public in and for said State,personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2024, before me, a Notary Public, personally appeared Tammy Weer—d-and C.jay ColesRobert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires SECOND MODIFIED DEVELOPMENT AGREEMENT - L & G Murgoitio, LLC - u 2014 0042 H- 2024-5533 -Page 24 446-6-3 4.1 55663.0027.17778634.5 SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 25 446-6-3 4.1 55663.0027.17778634.5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 26 446-6-3 4.1 55663.0027.17778634.5 L&G MURGOITIO, LLC- PARCEL NO. 1 A parcel located in the E Yz of the 5E X of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho,more particularly described as follows,. BEGINNING at an aluminum cap monument marking,the southeasterly corner of said SE l of the SE /, from which an aluminum cap monument marking the northeasterly corner of the SE Y4 of said Section 6 bears N 0'04'44" VV a distance of 2655.72 feet; Thence N 89'21'59" W along the southerly boundary of said E%of the SE X.a distance of 1323,88 feet to the southwesterly corner of said E ! of the SE Y; Thence N 0°02'17" W along the westerly boundary of said E Z of the 5E X a distance of 2655.45 feet to the northwesterly corner of said E A of the SE Y4; Thence S 89022'37" E a distance of 1321,98 feet to an aluminum cap monument marking the northeasterly corner of said E Y2 of the SE %; Thence S 0'04'44" E along the easterly boundary of said E M of the 5E X a distance of 2555.72 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has. been performed. Prepared by. Glenn K. Bennett, PLS PF1 Civil Survey Consultants, Incorporated 5UR,v . October 13, 2015 ., t( � 44 OF SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC a 2018 0042 H- 2024-5533 -Page 27 C G 661 0027 17778614 1 55663.0027.17778634.5 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER [TO BE INSERTEDI SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 28 446-6-3 4.1 55663.0027.17778634.5 EXHIBIT C SITE PLAN SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 29 446-6-3 4.1 55663.0027.17778634.5 DRAFT SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 30 446-6-3 4.1 55663.0027.17778634.5 spa Y 1 COMPOSTING J+ sE I Mom \ s,��E (IINGWOOROOl1NU � e ♦ FS HHy DRAFT SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 14 2014 0042 H- 2024-5533 -Page 31 446—6-3 0m7 i 7.7.78634 1 55663.0027.17778634.5 EXHIBIT "D" UTILITY EXTENSION SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 32 446-6-3 4.1 55663.0027.17778634.5 E C idV Ilr. 4J Chhst.�,her s P Vi,S, ri4�.yyCub St a,. ,rs ti' " u E dmon s I}r- - ,Nf�� m: ! i Whitehall V a ■ r $ 3m ,� W Verneal a a : L Orsq Ot �� 3 tim Sc r ! 13 1 ■ W Victw.y.$d: I mot' � E�y.ICTOl�rR>d'i wt-. ■ 41f Ieb r Ct dose a1 s i' W kfa s� R F Rumpe.1 k.n N Feet 1 Q 750 1.500 ■ ■ W Amity Rd I E Amity Rd Legend ••.wr ExlsWelg Sewer a 0 F"Wre Phase 1 Newel •Fulure Phase 7 Sme, -PhW..1 Area _ Phase ZAfea Meridian City limns od Dr • n IN Qty el Mendinn M*"n0 Wplp. lellw Gr wama.T, ►,vresMW W ilnj>A a}W the �• MWre, lxss.! , arly�nlnu?,.l snr.i—ii C;vdl+,rleid�d-d South Meridian Utility Concept Plan ml Re'kaUc fir nxne•acies•r nilsu,e,F,.lure tstiase s=w�a'iaulicns elo pervnafu[si areil Elrrolm:t ro rnod4er.:�0ar, This-0is we himtlxa-pv,*9Wdby Ada f:oaetvA4.cofnewshillIsarae*Xrar and Annexation ilwcauacles a mle.ved Irma map.Weld heannp nsx drsc£•Ilnw In•v h.O k-,Pa d 6aNv 1 1 ff rian+•lroc usam any deaml rpm rewirm e;e,.amwl rrnnssm+dnga covnlr. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC a 2018 0042 g- 2024-5533 -Page 33 55663.0027.17778634.5 EXHIBIT "E" TRANSITION PLAN Timber Creek Recycling Engineering waste to its highest and best Li,,, Date: December 3,2024 Phased Transition Plan for the Meridian Compost Site 7695 S. Locust Grove Rd Meridian, !D 83642 1,0g, SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 34 55662 002 7 177746-14 1 55663.0027.17778634.5 Phase Focus 2024 Timing of total CheeseWAS diverted Odor o Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4 #1 on weekends at the Meridian site tt 1 o Conduct experiments of Calcium Hydroxide,"lime"(Ca(OH)2),addition to Cheese WAS at Meridian site. (Complete o Coordinate with Sorrento Lactalis on by procurement of equipment for addition December of"Lime"to Cheese WAS at Sorrento 2024) plant Dust o Effective November 111,no more Concrete/Asphalt/Tile/Porcelain/Brick accepted at the Meridian site Q1 Q2 Q3 Q4 o Continue regular dust control measures(i.e.water truck) Volume Q1 Q2 Q3 Q4 o At least 25%of the inbound Cheese WAS diverted from the Meridian site Accountability o Present final Transition Plan to Q1 Q2 Q3 Q4 Meridian City Council o Begin drafting a Tier II Composting Facility"closure plan"for DEQ and CDH approval SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 35 55662 nm77 17779634 1 55663.0027.17778634.5 Phase Focus 2025 Timing %of total Cheese WAS diverted Odor o Pilot,full scale addition of"lime"to Q1 Q2 Q3 Q4 #2 inbound Cheese WAS at the Sorrento Cheese Plant(Q1) o Incorporate treated Cheese WAS into compost process at Meridian (Complete Site and monitorfor effectiveness by (Q1) December o Ongoing coordination with Sorrento 2025) Lactalis for addition of"lime" o Fully implement"lime"addition to Cheese WAS as a odor control measure,so long as testing was successful(Q2) Dust o Final crushing of Concrete/Asphalt/Tile/Porcelain/ Brick at the Meridian Site(Q1) I Q1 Q2 Q3 Q4 o Continue regular dust control measures(i.e.,water truck) Volume o Complete engineeringfor additional Q1 Q2 Q3 Q4 ASP pad(1 of 2)at the Nampa site (Q2) o Additional ASP pad(1 of 2)under construction at the Nampa site(Q3) ��' o Additional25%of inbound Cheese WAS diverted from the Meridian site (Q4) Accountability o Quarterly inspections with Meridian Q1 Q2 Q3 Q4 City Code Enforcement o Closure signage posted(Q2) o Complete a draft closure plan in coordination with CDH and DEQ SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 201 4 0042 H- 2024-5533 -Page 36 5 G 661 0027 17779614 1 55663.0027.17778634.5 Phase FOCUS 2026 Timing %of total Cheese WAS diverted Odor o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4 it�. 3 odor control measures Dust (Complete o Continue regular dust control by measures(i.e.,watertruck) Q1 Q2 Q3 Q4 December 2026) Volume o Complete engineering for additional ASP pad(2 of 2)(Q2) Q1 I Q2 I Q1go 3 Q4 o Additional ASP pad(2 of 2)under construction atthe Nampa site(Q3) 10o�ro o 100%of the Cheese WAS diverted from the Meridian site(Q4) Accountability o Quarterly inspections with Meridian Q1 I Q2 I QS Q4 City Code Enforcement o Finalize Tier II Composting Facility Closure Plan with IDEQ and CDH(Q4) SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 37 5 G 661 0027 17779614 1 55663.0027.17778634.5 Phase Focus 2027 Timing °gyp of total Cheese WAS diverted Odor o No cheese WAS received at the Qi Q2 #4 Meridian site Dust (complete o Continue regular dust control 30June measures(i.e.,water truck) 2027) Volume o Sale or transfer of remaining 1000/0 inventory Q1 Q2 o Movement of compost/recycling materials and infrastructure off of the Meridian site Accountability o Quarterly inspection with Meridian City Code 4t Enforcement(Q1) o Final site walk through with Meridian Code Enforcement (Q2) o Final Tier 11 site close out with CDH and DEQ(Q2) SECOND MODIFIED DEVELOPMENT AGREEMENT L & G Murgoitio, LLC — u 201 4 0042 H- 2024-5533 -Page 38 5 G 661 0027 17779614 1 55663.0027.17778634.5 EXHIBIT F LIST OF RECYCLING MATERIALS • Grass • Leaves • Tree waste (limbs,branches, etc.) • Stumps • Wood chips • Saw dust • Wood mulch • Christmas trees • Pine needles/cones •__ Mixed food waste, mainly bulk produce, some kitchen scraps (e.g., egg shells, fruits and vegetables, seeds and cores, tea bags and coffee filters (no meat)) • Pumpkins • Corn Cobs • Bean mill organic waste • Cheese Whey WAS from Sorrento Cheese Plant • Garden/landscape waste (other natural materials typically derived from general landscape like bushes and plants) • Dirt • Sod • Sheetrock • Clean construction wood (plywood, dimensional lumber, etc.) SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2019 0042 H- 2024-5533 -Page 39 446-6-3 4.1 55663.0027.17778634.5 • Manure (chicken, llama, horse, cowl • Compost and compost screenings • Dairy compost • Mushroom compost • Potato cake • Straw 0 Hay •__ Agricultural rejects (e.g. onions, potatoes, silage beets, corn, peppers, peas, beans, mint, etc. • Compostable plates, cups &utensils, paper • Paper leaf bags and small quantities of compostable paper and cardboard. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — u 2014 0042 H- 2024-5533 -Page 40 446-6-3 4.1 55663.0027.17778634.5 C i E IDIAN.;--- Agenda Item Applicant Presentation “Engineering waste to its highest and best use” Notable seeing the same resultsConducted independent “bucket tests” and •onsite. Lime•process internallyMade some production changes with their •equipmentSigmaWorking on pricing of two (2) machines with •Sorrento Cheese Plant•)th(as of Dec 13to Nampa site in Q4 Diverted•(11/19/24)with CDH inspectionRegular, annual Tier II •signage, as requestedDA to reflect timing, materials list and Updated •last meetingactions since Notable actions since last meeting Meridian sitelandscape company about berm maintenance at Contacted•compost turner purchased and assembled for Nampa siteNew•receiving weekend Cheese Whey WASfrom Meridian to Nampa specifically for one (1) FTE Moved•Started•odor inspections 16 proactive, documented •concrete/asphalt/tile/porcelain accepted in Meridian No•(continued) “Engineering waste to its highest and best use” Cheese Whey WAS, Bucket Test Results 12/13/240.5%na8.112/13/240.5%na8.311/19/240.75%7.010.211/19/240.5%7.09.2Dateweightadded, by “Lime” Starting pHEnding pH Cheese Whey WAS, Bucket Test Results 11/11/240.5%6.58.411/9/240.5%7.48.311/1/240.25%na7.311/1/240.5%na8.410/25/241%6.811.5Dateweightadded, by “Lime” Starting pHEnding pH Agenda Our plan3.accomplishedWhat we have 2.What we heard1. What we heard Penalties?Inspections Accountability Opportunity?Diversion Reduction VolumeCheese WAS process?Change our Nuisance Odor control?Increased Nuisance Dust Sept What we have accomplished?site visit, City of Meridian Code Enforcement on 11/7•with CDH, IDEQ, GMT to update on progressMet, 11/7•Nov concrete/asphalt/brick accepted on site in MeridianLast day , 10/31•with neighborsVoluntary meeting , 10/22•progress, 10/9, 10/23, 10/30 Met with CDH, IDEQ, GMT to update on 10/2•letter to CDH sentresponseon site for a site tour; Meridian Code Enforcement , Met with City of 10/1•Oct with City of Meridian Public Works Director to discussMet, 9/24•with City Councilhearing, Public 9/17• Cheese Whey WAS observations5 bucket test •sourcemitigate odor at the plant to Working with Sorrento Cheese •investigations3 odor •since last meetingto Nampa >1100 tons Diverted • Cheese Whey WAS, Bucket Test Results 11/11/240.5%6.58.411/9/240.5%7.48.311/1/240.25%na7.311/1/240.5%na8.410/25/241%6.811.5Dateweightadded, by “Lime” Starting pHEnding pH Our plan Our plan Our plan Our plan Phase 1 Currently Developing– Phase 2 Future Development– Canyon County SWAC Meeting, Dec 13, 2023 N for Illustration purposesfrom the earlier figureNote: Figure turned 90 degrees to the left Transfer StationCommercial Composting Facility Nampa Site Map 23 Nampa Transfer Station Layout 24 DepackerZ Wall Drop OffTransfer Building Drop Offoff-Household Haz. Waste Drop Location Amalgamated Sugar Factory N VICINITY MAP 84-I84-INampa, Idaho 25 V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from December 3, 2024 for Baratza Subdivision (H- 2024-0016) by Ella Passey, The Land Group, located at the southeast corner of N. Black Cat Rd. and W. McMillian Rd. Application Materials: https:Hbit.ly/H-2024-0016 A. Request: Annexation of 80.3 acres of land with R-8 (26.98) and R-15 (53.32) zoning districts. B. Request: Preliminary Plat consisting of 347 building lots, 29 common lots and 1 right-of-way lot. C. Request: Council Waiver for block length on six (6) street segments that exceed the maximum 750 ft. block length requirement on land that is currently zoned RUT. PUBLIC HEARING SIGN IN SHEET DATE: December 17,, 2024 ITEM # ON AGENDA: 2 PROJECT NAME: Baratza Subdivision (H-2024-0016) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name yrk X n 3 V) 3 tCA) 3 Yq 3 0 f 4 STuPAJ160,z- 6 8 9 10 11 12 13 14 Mayor Robert E. Simison City Council fwhibeis: IIAN Luke Cavener,President Liz Strader,lice President DAHO Brian 17itlock Doug Taylor John Overton Anne Little Roberts December 17, 2024 MEMORANDUM TO: Mayor and City Council CC: City Clerk, City Attorney FROM: Linda Ritter,Associate Planner RE: Baratza Subdivision AZ,PP (H-2024-0016) On October 3,2024,Baratza Subdivision was presented before the Planning and Zoning Commission. The Planning and Zoning Commission recommended denial of the project based on schools being over capacity and busing not being in the best interest of the families,traffic cannot sustain the existing infrastructure,proposed density is too great for the space. After the Commission action,the applicant approached staff and proposed to make modifications to the plan based on feedback received during the hearing. Staff has reviewed the revised plans and appreciates the effort the applicant made to work with the regulatory agencies and modify the plans based on the concerns presented by the Planning and Zoning Commission as well as staff. The following is a summary of the changes to the application: • School Capacity: - The applicant's team attended the November 11, 2024, West Ada School District(WASD) School Board work session and learned firsthand of the planned investment into two new elementary schools in the district. One of those schools is planned to be located in Star,ID and will result in a boundary adjustment for the existing Pleasant View Elementary School. This will result in a balancing of attendance zones at Pleasant View ES, Hunter ES, Willow Creek ES, and others, which will provide the capacity for the anticipated student numbers from the Baratza Subdivision. WASD plans to open this new Star School in the fall of 2026,prior to any homes in the Baratza Sub being occupied. • Traffic: - Improvements to the current roadway system made possible through the following participation by the applicant: ■ Dedication of public Right of Way on Black Cat Rd and McMillan Rd. This is included in Phase 1 of the project. ■ Relocation and undergrounding of the Lemp Canal. This improvement is included in Phase 1 of the project. ■ Funding and construction of Grand Lake Way Collector roadway (capacity for 850 additional peak hour vehicles). This improvement is included in Phase 1 of the project. ■ Funding and construction of the multi-lane roundabout at McMillan Rd and Black Cat Rd (capacity for 3,000 additional peak hour vehicles) by 2027. This will accelerate the implementation of the capacity compared to ACHD's planned timing. This improvement will be completed prior to Phase 2 Final Plat. ■ Non-reimbursed contribution of$1,500,000 toward the construction of the multi-lane roundabout. ■ Gap Funding of approximately$4,000,000 toward the construction of the multi-lane roundabout with reimbursement from ACHD. ■ Funding of approximately$1,200,000 in ACHD transportation Impact Fees towards future ACHD CIP capacity projects. To ensure the timely and efficient implementation of these transportation improvements,the applicant has requested the following conditions be included in the motion for approval and included in the Development Agreement: 1. Condition:Prior to signature on the Phase I Final Plat by the City Engineer, Grand Lake Way and the Temporary Traffic Signal at McMillan Rd and Black Cat Rd shall be installed and operational. 2. Condition:Prior to signature on the Phase 2 Final Plat by the City Engineer, the Multi- Lane Roundabout at McMillan Rd and Black Cat Rd shall be constructed and operational. • Density: - Reduce the R-15 zone to be located directly adjacent to the McMillan Rd.frontage,placing it adjacent to the higher density development to the north. The R-15 Zone has been reduced from 23 acres in the original application to 8 acres in this resubmittal, while still maintaining an unprecedented 22.2%open space. It is important to note that the lot sizes proposed in the R15 zone are approximately 3,400 SF while the code minimum is 2,000 SF in this zone. R-15 ZONE R-s ZONE Previous Version NE JI I 2 • Mix of Dwelling Types: - The applicant worked with staff to address providing a mix of dwelling types. The applicant is proposing to construct a NextGen product on twenty-five(25%)percent of the 120 lots depicted below: 30 total NextGen product lots. The 30 NextGen lots will be dispersed throughout the area shown. I NextGen Lot Area r ,. The NextGen home offers a 1st floor private suite that provides all the essentials multigenerational families need to work, learn, create or have a sense of independence. NextGen is-a hone-within a home that offers a separate exterior entrance as well as an interior connection between the main home-and the'suite, a kitchenette, a living area, a stackable washerfdryer, a bedroom or multi-use.room, and a bathroom. This home configuration -accommodates aging-parents or-young adults with a suite thatprovides a sense of independence while balancing family privacy and togetherness. • Shared Driveways: - The original application depicted seven (7)shared driveway locations on the preliminary plat. The applicant revised the layout of lots and eliminated six(6) of the shared driveways. One remains at the corner of Street N and Street O in the southeast corner of the subdivision. I I I ad j , I I ACHO ESMT. E �"" I B1sua � 1 i I ss1�sF I i � E Uj� 12REAR SETBAGK o m L F IS.t• E —————————— � \ E E P:visions Driveway A \ \ E 1. AGENCY COMMENTS- 131.22' \ \ E "' s,a1s•sF \ \ e E 08.22.2024 \ __ 2. P&Z COMMENTS- \ 11.19.2024 Ir------------1 r-- ---------, '`- I ir--- -------� F-- ---------- +� E � � I I �C p B16 L12 B16 L11 i z. -SF § 1 6.965SF 1,212SF 1 Gi i ® Common Drive Exhibit-Driveway A n 20 4o a m HonzorAal Scale-V=20' Pmeuaa 1= EX-01 DV..cl Imam 5^2F= s5& • Block Length Waiver: - The applicant is withdrawing their request for a block length waiver.All block lengths have been revised in the Preliminary Plat resubmittal to comply with the 750'maximum length. e- ., 'MCKI LLCs' BLOCK17 LA IB688 �BLOGK2 ' - I BLOLk3 V � 3960f 2P: "'200' i9039 2 0 i y � aLocK� ���scKs r " •R H rs — — �•g - uo -- ....2�„, '.�ap.. m .r =M o q DCk 9 = 6LOC%,0 L "Y 4 0 lOfM 12 �y 9LOCK 13 �--GGK 15 "IMP Q CO m N piC eLocr.9 L u,90 111 gILCK 1 11+.6A za+.+:� —I— 4 — �' Pre Plat Exhibb-Block Face s 2aa +ov mom gmlore unsen� ;� KwmRalSa 2� EX-02 COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 12/3/2024 Legend Ul-`�`� ��� 109 r DATE: Project Location TO: Mayor& City Council ::;Area of Impact �= City Limits FROM: Linda Ritter,Associate Planner Q Analysis t L i 208-884-5533 - i-- lritter@meridiancity.org I i i APPLICANT: Ella Passey, The Land Group SUBJECT: H-2024-0016 Baratza Subdivision—AZ,PP V LOCATION: Located at the southeast corner of N. -� Black Cat Road and W. McMillian Road in the North ''/2 of the NE '/4 of Section T 34,Township 4N.,Range 1 W. Parcels: SO434212920, SO434212922, SO434212957, SO434212965, SO434212971, SO434212975, SO434212976, SO434223150, SO434212923 and SO434212917 I. PROJECT OVERVIEW A. Summary The applicant is proposing to annex, zone and preliminary plat 80.3 acres of land to R-8 and R-15 zoning districts with 377 lots (347 residential, 29 common and 1 right-of-way) on land that is currently zoned RUT. B. Issues/Waivers • Applicant is requesting a waiver for block length on six(6) street segments that exceed the maximum 750-foot block length requirement. • School District states the elementary and high school are over capacity. Pleasant View Elementary School has no room to put another portable or space to create another classroom within the existing building,the children in the area will need to be bused to another school that does not have the capacity. • Increase in traffic for this area with no immediate roadway improvements listed in ACHD's CIP or IFYWP until 2029 or later. C. Recommendation Staff: Staff recommends approval of the requested annexation,zoning and preliminary plat with the conditions noted in Section IV.per the Findings in Section V. D. Decision Select: Pending. City of Meridian I Department Report 1. Project Overview IL COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Agriculture - Proposed Land Use(s) Single-Family Residential - Existing/Proposed Zoning RUT VILA.2 Future Land Use Designation Medium Density Residential VILA.3 Table 2: Process Facts Description Details Preapplication Meeting date Tuesday,March 26,2024 Neighborhood Meeting 4/30/2024 Site posting date 9/22/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District • Comments Received Yes, Staff Report - • Commission Action Required No - • Access W.McMillan,N. Grand Lake Way,N.Black Cat Road and - W. Quintale Street • Traffic Level of Service Better than"E" - ITD Comments Received Yes/Letter IV.I Meridian Fire Distance to Station:1;Response Time: 5 minutes IV.0 Meridian Public Works Wastewater Distance to Mainline:Available at the site0;Impacts or IV.B Concerns: See Public Works Specific conditions Meridian Public Works Water Distance to Mainline:Available at the site;Impacts or Concerns: See Public Works specific conditions School District(s) West Ada School District IV.G • Capacity of Schools Pleasant View Elementary: 625 Star Middle School: 1,000 Owyhee High School: 1,800 • Number of Students Enrolled Pleasant View Elementary: 735 - Star Middle School: 996 Owyhee High School: 1,904 See City/Agency Comments and Conditions Section and public record for all department/agency comments received. City of Meridian I Department Report II. Community Metrics Figure l: One-Mile Radius Existing Condition Metrics Reference Parcel:SO434212917 Date Retrieved:2024/10/25 Parcel Count Parcel Acreage Infill Indicator: 2,229 605 Surrounding Area 37% Not City ® City Limits 1,759 ■ Not City 1351_ . . Chanee Household & Population Growth Al • % Households 02020 Population Chanqe: 28.5% Population ■Growth (Household and Population Change since 2010 Decennial) 5,000 10,000 15,000 20,000 Use Types Residential Addresses All Addresses Single-familv 3% ® Multi-family 3% ® Commercial Preliminary Plats(last 5-years) Conditional Use Permit(last 5-years) Proposed I Proposed Pending Pending Approved Approved r 500 1000 1500 0 200 400 600 Single-family ® Multi-familv City of Meridian I Department Report II. Community Metrics 2.00 2,500 Single-family ELM 2,000 A Residential L 1.50 r_ Parcel Diversity H 1.00 io 500 U 1,000 0 Parcel Count �, 0.50500 .2 0.18 0.10 a Average Acres 0.00 0 R-2 n-4 3 R-15 Average Single-family Density by Zoning Average 15.00 L Residential - Density 10.00 1 10.14 p 5.00 1�3.94 15.56 4.96 2.25 0.00 Dwelling Units I Acre R-2 R-4 R-8 R-15 Notes: See Additional Notes&Details for Staff Report Maps,Tables,and Charts Figure 2: ACHD Summary Metrics Blackcat Existing Lanes © Planned Lanes �1 VExisting Levelof Service F Notable ACHD Comments V/ (Primary roadway impact j Programmed IFYP © Programmed CIP a McMillan Existing Lanes © Planned LanesX Existing Levelof Service Notable �1 r Comments V/ Q (Primary roadway impact} Programmed I FYP © Programmed CIP Notes: See Additional Notes&Details for Staff Report Maps,Tables, and Charts 0. City of Meridian I Department Report II. Community Metrics Figure 3: Service Impact Summary ImpactService . . Ready Marginal Caution o\`°e �a�y ���y�� ° ���� \Q`\Ae Notes: See Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The proposed land use of single-family residential is consistent with the recommended uses in the FLUM designation. The proposed project has a gross density of 4.32 du/ac,meeting the required density range listed above. Therefore, Staff finds the proposed preliminary plat and requested R-8 and R-15 zoning district to be generally consistent with the Future Land Use Map designation of Medium Density Residential. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IV. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. The R-15 zoning designation,which allows for reduced lot sizes down to 2,000 square feet, provides flexibility for developers to support a diversity and variety of housing types. This can create a dynamic,multi-generational community where residents can transition through different stages of life(known as aging in place)while remaining in the same neighborhood. This type of zoning in conjunction with other designations should be used to support a diverse housing mix that supports long-term residency and continuity within the community,promoting stability and a sense of place for residents throughout different stages of life. Staff recommends that the applicant provide a mix of dwelling type such as single family attached or townhomes within Block 5 (lots 2-15),Block 12 (lots 1-12), and Block 13 (lots 1-12) of the proposed development as allowed by the Comprehensive Plan within the R-15 zoning district. Table 4: Project Overview Description Details History AZ,PP(H-2021-0074) Phasing Plan Phases: 5 Residential Units 347 Open Space 19.3 acres of qualified Open Space(24%) Amenities Required: 16/Proposed: Physical Features Lemp and Creason Lateral run along the western property line,Lemp Lateral also runs along the northern property line. Acreage 80.3 Lots Building Lots: 347/Common Lots: 29 Density Gross:4.32/Net: 5.65 B. History and Process AZ,PP -H-2021-0074 Baratza, formerly known as Jamestown Ranch,requested to annex into the City and subdivide eighty (80)acres of land with R-8 zoning into 294 building lots and 25 common lots. The proposed City of Meridian I Department Report III. Staff Analysis development was denied by the City Council on April 19,2022. Council stated the reason for denial was that the proposed annexation is not in the best interest of the City and would be detrimental to the community for the following reasons: • The proposed development would generate additional traffic on W. McMillan Road and N. Black Cat Road. • W. McMillan Road, from N. Black Cat Road to N. Ten Mile,will not be widened to three(3) lanes until 2031 at the earliest. • N. Black Cat Road, from W. Ustick Road to W. McMillian Road,will not be widened to five (5) lanes until 2031 at the earliest. Comments submitted by Ada County Highway District(ACHD) in 2021 and 2024 showing the following: 3. Condition of Area Roadways Roadway Frontage Functional PM Peak Hour PM Peak Hour Existing Plus Classification Traffic Count Level of Service Project McMillan Road 2,628-feet Minor Arterial 335 Better than"D" "F" Black Cat Road 770-feet Minor Arterial 204 Better than"D" NA Traffic Count is based on Vehicles per hour(VPH) Acceptable level of service for a two-lane minor arterial is"E"(575 VPH). *Acceptable level of service for a three-lane minor arterial is"E"(720 VPH). Acceptable level of service for a five-lane minor arterial is"E"(1,540 VPH). 4. Average Daily Traffic Count(VDT) Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for McMillan Road west of Ten Mile Road was 4,905 on 01/31/18. • The average daily traffic count for Black Cat Road north of Ustick Road was 4,073 on 06117/21. Recent comments from ACHD staff show the following traffic counts: 1. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service McMillan Road 2,654-feet Minor Arterial 371 Better than "E" Black Cat Road 1,315-feet Minor Arterial 471 Better than "E" • Acceptable level of service for a two-lane minor arterial is "E" (575 VPH). • Acceptable level of service for a three-lane minor arterial is "E" (720 VPH). 2. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for McMillan Road west of Black Cat Road was 7,800 on October 18, 2023. • The average daily traffic count for Black Cat Road north of Ustick Road was 9,848 on April 12, 2023. City of Meridian I Department Report III. Staff Analysis Per the ACHD staff report,McMillan Road west of Ten Mile Road is anticipated to exceed ACHD's acceptable Level of Service Planning Thresholds in the PMpeak hour as a 3-lane roadway under 2025 total conditions but meets ACHD's acceptable Level of Service Planning Thresholds in the shoulder hour under 2025 total conditions. Shoulder hour is defined by ACHD as one hour before and one hour after the peak hours during which traffic is rising toward or decreasing from peak, and congested conditions are infrequently occurring. McMillan Road, west of Ten Mile is facing a significant challenge in handling the traffic demand. The Master Street Map limits the road to three lanes, but the projected level of service(LOS)for the area is expected to degrade to an "F"due to the proposed and entitled developments.A LOS of"F"indicates heavy congestion, with traffic moving very slowly or stopping frequently. While mitigation measures are in place, they may not be sufficient to significantly improve traffic flow, as the road cannot be widened to accommodate the additional volume. A traffic impact study(TIS) was prepared by CR Engineering, Inc. in 2021.A new TIS was not required as the increase in the number lots for Baratza Subdivision was considered minimal. Staff is requiring the plat be revised to ensure adequate right-of-way(100 feet in total)for the future expansion of W. McMillan Road is preserved per the direction of the City Council. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The current use of the property is agricultural with two (2)residential properties existing adjacent to WMcMillan Rd. • The 4375 W McMillan Rd property consists of one home, three outbuildings, one silo, and two grain storage bins. • The 4023 W McMillan Rd property consists of one home and one outbuilding. All structures at both 4023 and 4375 will be removed and existing wells and septic systems will be abandoned as required. Based on the proposed development,ACHD is requiring the applicant to do the following improvements to N. Black Cat Road and W.McMillan Road: • Dedicate fifty(50)feet of right-of-way(ROW)from the centerline of N. Black Cat Road abutting the site • Improve McMillan Road with seventeen (17)feet of pavement and a three(3)foot gravel shoulder, a twelve(12)foot wide gravel irrigation access road, as proposed and a ten (10)foot wide multi-use pathway abutting the site and tie into the existing improvements east of the site. • Construct a dedicated westbound left-turn lane on McMillan Road when Grand Lake Way is constructed to intersect with McMillan Road. Dedicate ROW as necessary to accommodate the left turn lane. • Improve Black Cat Road with seventeen (17)feet ofpavement from centerline, a three(3) foot wide gravel shoulder and a five (5)foot wide concrete sideway, as proposed, located a minimum of forty-seven (47)feet from centerline abutting the site and tie into the existing improvements south of the site. • Other than specifically approved with this application, direct lot access is prohibited to McMillan Road, Black Cat Road and Grand Lake Way and should be noted on the final plat. The Master Street Map identified a new multi-lane roundabout at the intersection of N. Black Cat Road and W.McMillan Road that is offset to the north. The construction of this roundabout has been delayed until 2029. City of Meridian I Department Report III. Staff Analysis Therefore, there are no scheduled immediate improvements to the roadways in this area. 2. Proposed Use Analysis (UDC 11-2): The applicant is proposing single-family detached dwellings which are listed as a principal permitted use in the R-8 and R-15 zoning districts in UDC Table 11-2A-2. The future land use map identifies this area as medium density. This designation allows for dwelling units at gross densities of three (3) to eight(8) dwelling units per acre. Per UDC 11-2A-7, R-15 is considered Medium High Density. Per the Meridian Comprehensive Plan, this designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality ofplace and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. Staff recommends that the applicant provide a mix of dwelling type such as single family attached or townhomes within Block 5 (lots 2-15), Block 12 (lots 1-12), and Block 13 (lots I- 12) of the proposed development as allowed by the Comprehensive Plan within the R-15 zoning district. 3. Dimensional Standards (UDC 11-2): The preliminary plat and future development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 and R-15 zoning districts. All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes minimum lot sizes of 2,000-4,000 sq. ft., and required street frontages of at least forty(40) feet. The subdivision is proposed to develop in five(5)phases as depicted in Exhibit VII D,Figure 3. The first phase will include all perimeter,arterial roadway frontages with multi-use pathways,the N Grand Lake Way collector, four(4)public street connections, and the primary common area amenity lot. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Seven(7) common driveways are proposed with this subdivision. The applicant has provided common drive exhibits which demonstrate no more than three(3)units are served whereas a maximum of 4 units are allowed. The common driveway meets the minimum width of twenty (20)feet and does not exceed the maximum length of one hundred and fifty(150)feet. Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum five (5) foot wide landscaped buffer. D. Design Standards Analysis The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 and 11-2A-7 for the R-8 and R-15 zoning districts. The proposed lots comply with the dimensional standards of the above-mentioned districts. 1. Existing structure: The current use of the property is agricultural with two (2)residential properties existing adjacent to W McMillan Road. The 4375 W. McMillan Road property consists of one home, three outbuildings, one silo, and two grain storage bins. The 4023 W. McMillan Rd property consists of one home and one outbuilding.All structures at both 4023 and 4375 will be removed and existing wells and septic systems will be abandoned as required. City of Meridian I Department Report 11I. Staff Analysis 2. Qualified Open Space &Amenities (Comp Plan 2.02.00, Comp Plan 2.02.0IB, UDC 11-3G): Based on the standards in UDC Table 11-3G-3, a minimum of 15% (or 12.05-acres) of qualified open space is required to be provided within the development. An open space exhibit was submitted as shown in Section VITF, that depicts 23.76% (or 19.08-acres) of open space that meets the required quality and qualified open space standards. Based on the standards in UDC 11-3G-4A, a minimum of sixteen (16) amenity points are required to be provided. The amenities proposed are a barn style, open air gathering space with restrooms; open grassy play areas; natural play areas;picnic areas; open space commons shelter; playground; sports field;pedestrian and bicycle circulation; large pond water feature; and meandering pathways are planned within the centralized amenity area. All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per UDC 11-3G-5B.3. The applicant needs work with the irrigation district and enter into a license agreement to provide some type of landscaping other than gravel in the open space area on the southern part of the property. The applicant will need to revise the landscape plan accordingly with the understanding that trees will not be allowed in the area but grass and shrubs may be allowed to be negotiated within the agreement if maintained by the homeowner's association. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets UDC 11-2A-6 requires a twenty-five (25)foot wide buffer along arterial roads (N. Black Cat Road and W. McMillian Road) and twenty(20)foot wide buffers required along collector roads (N. Grand Lakes Way). The landscape plan reflects a buffer from N. Black Cat Road edge of pavement ranging in width from between seventy(70)feet from the south to ninety-seven (97)feet in width at the north. The Creason Lateral and the Lemp Lateral as well as a maintenance road are both located within this buffer.Along W. McMillian Road to the north, there is a buffer shown with a width of one hundred and one(101)feetfrom the edge ofpavement. The Creason Lateral is also located in this buffer; there are landscape strips of at least twenty-five(25)feet in width between this lateral and the exterior property fences. Both arterial buffers meet the minimum requirement for at least one tree per thirty-five (35)feet in width; the areas containing laterals are shown to be sod. Buffers of at least thirty(30)feet in width are provided along N. Grand Lakes Way(twenty(20)feet is required). Eight(8)foot wide landscaped parkways are provided along most of the internal local streets.All required buffers must comply with UDC 11-3B-7C. The applicant is proposing no mow grass within the landscape buffer along McMillan Road and Black Cat Road. Staff is requiring the applicant to change this to regular sod as from past experience, once the area has been transferred to the homeowner's association this area will be mowed as the perception will be it looks and feels unmaintained. ii. Parking lot landscaping Per UDC 11-313-8,the applicant shall provide perimeter and internal parking lot landscaping to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots, and to improve the safety and comfort of pedestrians. A five (5) foot wide minimum landscape buffer adjacent to parking, loading,or other paved vehicular use areas. The applicant is proposing parking lot landscaping for the parking lot adjacent to the club house. iii. Tree preservation City of Meridian I Department Report III. Staff Analysis Per UDC 11-3B-10,the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. The applicant is states there are four(4) trees for removal and will replaced with thirty- one(31) trees equaling the same caliper as those removed. iv. Storm integration An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. v. Pathway landscaping Landscaping for pathways shall meet the requirements outlined in UDC 11-3B-12. Stafffinds the landscape plan shows the applicant meets the requirements of UDC 11-3B- 12 for pathway landscaping. 4. Parking (UDC 11-3C): Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. On-street parking is also available on the proposed streets. i. Residential parking analysis The proposal will be required to meet the standards for parking as set forth in UDC H- 3C-6. 5. Building Elevations (Comp Plan 2.01.01 C,Architectural Standards Manual): Five (5) conceptual building elevations were submitted for the proposed subdivision as shown in Section VII.J. The applicant states the housing products throughout the development are single-family detached units featuring a variety of regionally appropriate designs. Per the applicant, the project site's unique history of agriculture is captured within the site design and building design. The homes are planned as one-and two-story, single- family detached homes. The homes will be designed in a traditional modern farm and ranch theme and will be constructed using a variety of high-quality materials. Buildings shall be designed with elevations that create interest through the use of broken planes, windows, and fenestrations that produce a rhythm of materials and patterns. Design review is not required for single-family detached structures. However, because the rear and/or sides of homes facing N. Black Cat Road, W. McMillan Road, N. Grand Lake Way, W. Quintale Street, N. Bartok Avenue, and W. Viso Street will be highly visible, Staff recommends a DA provision requiring those elevations incorporate articulation through changes in two or more of the following: modulation (e.g.projections, recesses, step-backs, pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from adjacent public streets. Single-story homes are exempt from this requirement. Design review is required for single-family attached and townhomes. Design review will have to meet the requirements outlined in the City's Architectural Standards Manual. 6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The fencing plan shows a six (6)foot tall open vision wrought iron fence along the common open space areas and six(6)foot tall solid vinyl privacy fencing along the northern and southern boundaries of the site. City of Meridian I Department Report III. Staff Analysis 7. Parkways (Comp Plan 3.07.01 C, UDC 11-3A-17): Per Comp Plan policy 3.07.01 C appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.) is required. Per the UDC the minimum width of parkways planted with Class II trees shall be eight(8) feet. The width can be measured from the back of curb where there is no likely expansion of the street section within the right-of-way;the parkway width shall exclude the width of the sidewalk. Class II trees are the preferred parkway trees. The applicant is proposing parkways along the internal roadways of the subdivision. E. Transportation Analysis 1. Access (Comp Plan 6.01.02B, UDC 11-3A-3, UDC 11-3H-4): W. McMillian Road along the property frontage is two (2) lanes with no curb, gutter or sidewalk. N. Black Cat Road is 2 lanes with a five(S)foot detached pathway on the western side(Oak Creek Subdivision). This development proposes five points of access. The primary access will be a collector street off W. McMillian Road(N. Grand Lakes Way) towards the northeast side of the property through the property and connecting into Quartet Northeast No. 2 at the southeast corner of the property. The other three accesses would be local streets-one is a western access to N. Black Cat Road which aligns to W. Quintale Street, an eastern access which connects to W. Viso Street from the Volterra Heights Subdivision, and an additional southern access which connects to N. Bartok Avenue, also in the Quartet Northeast No. 2. Per the ACHD staff report, due to high water table in this area,permeable pavers may be necessary internal to the site to accommodate high ground water. Permeable pavers are allowed,provided they are designed in accordance with ACHD policy and best management practices. 2. Multiuse Pathways (UDC I1-3A-5): Multiuse pathways shall be constructed in accord with the city's comprehensive plan, the Meridian Pathways Master Plan, the Ada County Highway District Master Street Map and Roadways to Bikeways Master Plan.A ten (10)foot wide detached pathway is reflected along W. McMillian Road which is consistent with the alignment shown on the Pathways Master Plan. There is a ten (10)foot wide detached sidewalk along both sides of N. Grand Lakes Way(the internal collector) which connects to the W.McMillian Road pathway. Several micro pathways are reflected providing connectivity to internal portions of the development. As mentioned in the Comprehensive Plan analysis above, to improve more direct pedestrian connectivity, staff is recommending additional micro pathway connections. 3. Pathways (Comp Plan 4.04.O1A, UDC 11-3A-8): A 10-foot wide detached pathway is reflected along W. McMillian Rd. which is consistent with the alignment shown on the Pathways Master Plan. There is also a 10-foot wide detached pathway along one side of N. Grand Lakes Way(the internal collector)which connects to the W. McMillian Road pathway. Several micro-pathways are reflected providing connectivity to internal portions of the development. 4. Sidewalks (UDC 11-3A-17): Five-foot detached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17(except for a ]Oft. wide pathway along one side of N. Grand Lakes Way). There is also a S ft. wide detached sidewalk provided along N. Black Cat Road This 5-foot width is consistent with the width of the sidewalk along N. Black Cat Road City of Meridian I Department Report III. Staff Analysis provided by Quartet Northeast No. 2 to the south as well as the Daphne Square Subdivision to the north. 5. Subdivision Regulations (UDC 11-6): i. Dead end streets No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than five hundred(500)feet except as allowed in subsection(b)of this section. The City Council may approve a dead-end street up to seven hundred fifty(750)feet in length where an emergency access is proposed; or where there is a physical barrier such as a steep slope,railroad tracks,an arterial roadway, or a large waterway that prevents or makes impractical extension; and where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. Cul-de-sac streets may serve a maximum of thirty(30) dwelling units. The applicant is proposing two (2) dead-end streets that do not exceed the maximum five hundred(500)feet in length. ii. Common driveways Per UDC 11-6C-3D, common driveways shall serve a maximum of four(4) dwelling units. In no case shall more than three(3)dwelling units be located on one(1) side of the driveway. The applicant is proposing seven (7) common driveways that meet the dimensional requirements as outlined in the UDC. iii. Block face UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 ft, although there is the allowance of an increase in block length to 1,000 feet if a pedestrian connection is provided. In no case shall a blockface exceed one thousand two hundred(1,200)feet, unless waived by the City Council. The applicant is requesting a waiver from Council for six(6)streets that exceed the 750 ft block length. The following streets exceed the maximum block length: • Street I, Block 3 (776): Added a mid-block pedestrian pathway with bulb out to the park area (Block 4), increasing the allowable block face to 1,000'. • Street I, Block 1 (776): Requesting a waiver of dimensional standards as we are 26'above the maximum block length. We have increased pedestrian connectivity and traffic calming along this segment by adding a mid-block bulb out and pedestrian crossing to connect with the pathway created for Street I, Block 3. • Street M, Block 14 (778): Requesting a waiver of dimensional standards as we are 28'above the maximum block length. We have four pedestrian crossings at intersections and two traffic calming elements along this segment to improve the flow ofpedestrian and car traffic. • Quintale St, Block 3 (776): Added a mid-block pedestrian pathway with bulb out to the park area, increasing the allowable block face to 1,000'. • Quintale St, Block 4 (776): Added a mid-block pedestrian pathway with bulb out to the park area, increasing the allowable block face to 1,000'. City of Meridian Department Report 11I. Staff Analysis • Street F, Block 4(776): Added two pedestrian pathway connections and four pedestrian crossings to this segment, increasing the allowable block face to 1,000'. F. Services Analysis 1. Waterways (Comp Plan 4.05.OID, UDC 11-3A-6): All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3. Per the applicant's narrative, the Lemp Canal adjacent to W.McMillan Road will be piped and an easement(what size easement)granted.All work on the Lemp Canal has been coordinated with the Settlers Irrigation District(how big is the easement). Required irrigation district easements will be granted within a common lot. Irrigation district easements exist for the Lemp Canal and the Creason Lateral adjacent to N. Black Cat Road. These easements exist within a common lot.Maintenance roads are indicated along both laterals. Coordination will be ongoing with the irrigation districts managing the waterways to meet their requirements. 2. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. The Applicant's narrative states the pressurized irrigation system for this development will be privately owned and operated by the HOA. The system will utilize a pond as a reservoir with surface water delivery from Settlers Irrigation District. The secondary source for landscape irrigation will be a potable connection with the City of Meridian municipal water system. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11- 3A-18. A Geotechnical Evaluation and geotechnical groundwater monitoring report was submitted with this application. 4. Utilities (Comp Plan 3.03.03G, UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A- 21. Existing water services are directly adjacent to the project in W. McMillan Road to the north, N. Black Cat Road to the West, stub streets to the south and W. Viso Street to the east. Existing sewer services are directly adjacent to the project in N. Black Cat Road to the west and in W. Viso Street to the east. The utilities proposed for this project are consistent with the City of Meridian Water Master Plan, Wastewater Master Plan and Facilities Plan. City of Meridian I Department Report 11I. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division P60F to apffOval of the annexation OFdinanee, a DA shall be entered into between the City o developer, A final plat will not be aeeepted until the Annexation OFdinanee and— CuFFendy, a fee of S303.00 shall be paid by the Appheant to the Planning Divisi commeneement of the DA. The DA shall be signed by the PFOPeFty ONN'ReF and Fetlll�Rd to the a. R„ttlFe development of this site Shall be g ,-ally consistent with the ffefiminar-y plat, landscape plan,phasing plan, and conceptual building elevations fef the single family dwellings ineltided in Seetion A A-4-4—d ithke rt oa he b. The FeaF afid,lor—sides of 2 stof:y s4iietlkres tha4f ee N. Bl ek r�,t�c�t Road.vim TR..Mill .,,., Road and TAT GFand Lakes Way shall to t;..,,l.,tio dIFOUgh,.1..,nges i two , fROFe of the f6flowing: modulation(o- , step b.aeks pop outs),bays,banding, ,-,kes b l,.onies a4e fiat types, OF other iflteffated ff6hiteCttffal elements to bFeak ttp monotonous wall. 2. PFovide a mix of dwelling t�Te sueh as single family attaehed or-tow-Rhoffles within Block 5 (lots 2 15), >?loek 1-2 (lots 1 17) .,.-,.l >?loek 13 (lots 1 1 7) of the proposed development as allowed by the Comprehensive Plan within the D 15 zoning diStFiCt revision: a. All t4ility easements r-efleeted on the titility plan shall be ineltided on the fifialjAft�. b. All pathways and mier-opat",ays shall be witkin a separate eowmon lot or-easemeR4 as regrrro,l per-7 TGT 3A-9. e. Dir-eet loft aeeesjsto N. Blaek Ga4 and Ma R;ll Roads viied. d. Tke plat shall be r-evised to ensur-e ade"ate right 4 way(100 feet in total) for-04e filtw-e pfopefty. The appheant will need to r-evise the landseape plan aeeor-dingly with the under-standing that t+ees will not be allowed in the afea but gr-ass and shi:ubs may be allowed to be add if fiegotia4ed within an agr-eemefit with the kFigation-Distfiet. b. Remove the no mow gr-ass and add r-egttlaf tidr-f along Blaek Ga4 Read and MeNfilla-fl e. Add grass in the baffew ditek areaalong ek Cat Road. City of Meridian I Department Report IV. City/Agency Comments &Conditions -5-.- Prior-to sigaa4ur-e on the final plat by the City-Engifleer-, the applieant shall submit a publie aecess easement for-the multi ttse pathway along W. MeNfillian Road and N. Grand Lakes Way to the Planning Division for-approval by City Council and subsequent r-eeor-dation or- rlessr-equir-ed by Arun. 6. The applicant shall eonstt�aet all proposed fencing andlor-an),feneing fequir-ed by the , 7. The development shall comply with standards and installation for-landscaping as set foi4b rTPG 11 3B 5 and maintenanee thereof as set foi4h i rmr 1-1 3B-1-3--. 9. The ditehes to the west, sotAh and nofth shall eomply with the provisions fe ditches, laterals, eanals and/of drainage eo met for-th i > DG- 1 13A 9. Pathway and adjoining fefleings and landseaping shall be e0fistftieted e0fisistent with the standards as se t for-th in UDG 11 3A 7A7,11 3A 8 and 11 3B-12C, 10. The development shali eomply with all subdivision design and impr-oveffiefft standar-ds as s buff-efs, and mailbox plaeement. 11 3G 6 for-single family detaeked dwellings based on the attfflber-4bedfooms Pef:tfait. 12. All eommon driveways shall meet the requirements of 11 6C 2 D ineluding a perpetual ingr-ess,legfess easement being filed with the Ada County Recor-def,whieh shall ifielude a ftMipffleflt. 13. A Gef4ifiea4e of Zoning Gomplianee and Design Review appheation shall be submitted a approved for-the proposed gathefing bafn and pool . . I ubmittal of a building pe appheation. The design of the site and stnjewfes shall eomply with the sta-ndafds listed in 14. A Design Review applioation sliall be stibmitted and appt:oved for-the single family a4taeh and townhomes. The design of the stf+tetef es shall eemply with the standar-ds listed in the Ar-ehiteetufal Ct^,i.1^fds Ma+vaal. 15. T-lie Applieant shall have a maxim+ifn of Ave (2)year-s to obtain City Engineer-'s sigfiat-ufe ofl- r'kfinal plat in aee6with T TDG 11 6B 7 rv. A 1 Tlie ..plie.,,-.t shall e p1..w th all .. nil tions of A! 14P eemplianee. B. Meridian Public Works See public record(copy the link into a separate browser) https:Ilweblink.meridiancioy.oLglWebLinklbrowse.aspx?id=362279&dbid=0&repo=MeridianCit Y C. Meridian Fire Department See public record(copy the link into a separate browser) https://weblinkmeridianci .or /WebLink/browse.aspx?id=362279&dbid=0&repo=MeridianCit Y City of Meridian I Department Report IV. City/Agency Comments &Conditions D. Meridian Park's Department See public record(copy the link into a separate browser) https://weblink.meridiancity.orz/WebLink/browse.aspx?id=362279&dbid=0&repo=MeridianCit Y E. Irrigation Districts 1. Settler's Irrigation District See public record(copy the link into a separate browser) https://weblink.meridiancity.orzlWebLinklbrowse.aspx?id=362279&dbid=0&repo=Meridia nCi F. Idaho Department of Environmental Quality(DEQ) See public record(copy the link into a separate browser) hggs://weblink.meridianciV.org/WebLink/browse.aspx?id=362279&dbid=0&repo=Meridian Cit Y G. West Ada School District(WASD) or Other District/School See public record(copy the link into a separate browser) https://weblink.meridiancioy.org/WebLink/browse.aspx?id=362279&dbid=0&repo=MeridianCit Y H. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https://weblink.meridianciU.oLvlWebLinklbrowse.aspx?id=362279&dbid=0&repo=MeridianCit Y I. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https://weblink.meridiancioy.org/WebLink/browse.aspx?id=362279&dbid=0&repo=MeridianCit Y V. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds annexation of the subject site with an R-8 and R-1 S zoning designation is generally consistent with the Comprehensive Plan MDR FLUM designation for this property, if the Applicant complies with the provisions in Section IV. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the lot sizes and layout proposed are not consistent with the purpose statement of the residential districts in that housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; N/A City of Meridian I Department Report V. Findings 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The school district states the proposed development would result in elementary students being bussed to Star or East Meridian area schools due to possible enrollment caps. Portable classrooms may be placed on the property at the Middle or High School. The option of adding a portable is not applicable at Pleasant View Elementary due to space constraints. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is not in the best interest of the City if the property is developed in accord with the provisions in Section IV. B. Preliminary Plat(UDC-6B-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section IV. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Commission finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's Capital Improvement Program. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. There are several laterals along the property that will be piped, but are not natural features. According to the landscape plan, there are five (5) trees that require mitigation. The applicant is proposing to provide a total of seventeen (17) trees to replace the trees removed. VI. ACTION A. Staff: Staff recommends approval of the requested annexation, zoning and preliminary plat with the conditions noted in Section IV.per the Findings in Section V. City of Meridian I Department Report VI. Action B. Commission: The Meridian Planning&Zoning Commission heard these items on October 3, 2024. At the public hearing,the Commission moved to recommend denial of the subject annexation, zoning and preliminga plat requests. 1. Summary of Commission public hearing_ a. In favor: b. In opposition:None C. Commenting d. Written testimony: The City received 12 written comments from the following individuals: Katey Roundy,Lisa Brittain, Shawn Freeman, Carina Wallace, Carrie Hovey, Cherri Starr, Danelle and Eric Williams,Nolan Halterman,Ritchie and Meagan Abromeit, Stephanie Mathis,Brittany and Dave Williams,Matt Calvert,Patti Phipps, Craig Block. All opposing the proposed development for the following reasons: insufficient roads,over crowed schools,in conflict with the goals of the comprehensive plan,request for higher density zoning e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Roadway capacity,traffic, school capacity and density 3. Ke, ids)of discussion by Commission: a. Schools over capacity and busing is not in the best interest of the families,traffic cannot sustain the existing infrastructure,proposed density is too ,great for the space 4. Commission change(s)to Staff recommendation: a. Commission recommended denial of the applications 5. Outstandingissue(s)ssue(s) for City Council: a. None C. City Council: Action Pending. City of Meridian I Department Report VI. Action ' 1 1 a Imnn��ui1i nu an■ di Or - - _ 111lIIIII•■IliliNglli � IIN rn:III 's C:a 11111��.Iliiilflu *WNW-..ill W:■■�■ r �Ilri -•-N6'\��Ipll r1111 !: •. : • Irii a... llv'- Irrir�c pin,■ . ��Irll INNr■.� : Hnl: E►url ir11 nool■anm ■1■nn* �11 Illltu�` Hli## �:nnmll • . �.Inuln�nrllnq _ um IIIrrllirpf A •. ONlrlll • 1111 - IIIN.- uuuw ��'� /■-�s IIIIIf�I lln► ! 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Map Notes Nearby Recent Preliminary Plats(within last 5-years) H-2019-0146 H-2020-0004 H-2020-0125 H-2021-0018 H-2021-0080 H-2022-0047 H-2022-0068 CR-2022-0006 H-2022-0074 H-2022-0087 H-2023-0016 H-2023-0026 H-2023-0035 Nearby Recent Conditional Use Permits(within last 5-years) H-2018-0018 H-2019-0074 H-2020-0032 H-2020-0017 H-2020-0018 H-2020-0101 H-2021-0056 H-2021-0088 H-2018-0088 H-2018-0004 H-2022-0006 H-2022-0025 H-2020-0047 B. Subject Site Photos M. i +fir` 7 City of Meridian Department Report VII. Exhibits s s � C� •.fir _.- - _ - N t N R City of Meridian Department Report VII. Exhibits 7011 . w u O _ FVI 1 �3 . ,. . Black Cat Road I McMillan Road City of Meridian Department Report VII. Exhibits C. Service Accessibility Report PARCEL S0434212917 SERVICE ACCESSIBILITY Overall Score: 12 2nd Percentile Lccation Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 500 ft. from parcel GREEN Floodplain Either not within the 100 yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time > 9 min. RED Emergency Services Police Meets response time goals some of the time YELLOIV Pathways Within 1/4 mile of current pathways GREEN Transit Not within 114 of current or future transit route RED Ultimate configuration (#of lanes in master streets Arterial Road Buildout Status plan) > existing (# of lanes) & road IS NOT in 5 yr work IRED plan School Walking Proximity Within 1/2 mile walking GREEN Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Park Walkability No park within walking distance by park type RED City of Meridian I Department Report VII. Exhibits D. Preliminary Plat(date: 8/22/2024) d Baratza Subdivision =aC2 Preliminary Plat I--—CD 7T7TTIT T-It — .::............. .. K ....-.... �....._—u j .:. — .:.... sit. ._-- I I Reiiury Re!-Cher e M- 77 � •'",. 0�9 we m�. �_gam— -- . ..- _ u PP-01 Ih N NiN:.x�P_l r —=-- --_ — _- --r- -- - -- - -- -- PHASE 5 2i PFIASI • II i 1 I t _- I I -PHASE 7 1 FIGURE 3:Phasing Plan City of Meridian I Department Report VII. Exhibits E. Landscape Plan (date: 8/22/2024) N� =CoC r iT 17 TTTTi F1 0 F ii ._.. ...—�. IL f-- OJT I\—I�It—tI It~ll \ T-- —T. i i I: Lanescavl Plan-o11r,W. 6. i PP 24 F. Landscape Buffer Detail (date: 5/17/2024) lik roe r�1�N.INw xm., �rNnn eN oN..e:u rN.e sea., y t" W�w ��1lxo ieN uxe wayunnNN l�nee9epM.•..— City of Meridian Department Report VII. Exhibits G. Qualified Open Space Exhibit(date: 8/22/2024) Open Space Calculations: THE CTALAREA NDI o NPEN SPACE 1�3 A0 15%) 4 44 A.7 AC ig-B LAND PE (15%) om r T �T IDTAL PECUIRED OPEN SPACE 1204 AC QUALIFIED OPEN SPACE PROVIDED: 1900 AC(23.10%) By. Open Space Legend: € 6 I NCAEINEC OPEN SPACE NPEDNPENSPACE- + APUAII aTANOSCAPEBUFF81 sD%aPTCluAREA ITT' TI'f1 -— - - - - --- - - L-- ---J -_ - - E. I I I .2-9 R'8 -I ; AGENLYCdNMPa15- - _ _ _ — -- a Ds.zzxoza a s i17 7 c r r-r T I mod" �= Open Space EA[blt D 20 Dv�sP�Emroa NMm-3� 17-2� EX-09 i3e City of Meridian Department Report VII. Exhibits H. Amenities Exhibit(date: 5/17/2024) a o� 1 WzO 6N u\ � U n r�n�-yasw.ia.vww.9.�.m rl.in.w.,-.yasm�s m,vw,..9�.m (1•.��.wv.-n�i..�,.a.An,s�m,vwwm�mxm ��wg aa-x�..neoiAm e��wawngu�m ,loom._ W ;' e w Il[THE 1[91 Iffy Rfllf6 OM U•^ v - a�i�womw�m>� �e� ..��..���em la�.9nw���..w��w.vw��M.�.,� Ure dr���.�wa.�.,�,�,em ��j�E!;1 PP-28 City of Meridian I Department Report VII. Exhibits I. Block Face Exhibit(date: 5/17/2024) NAND GROUP �x _. WVJ P,M nwRhV T-m 447w 9 �— R% - _ 1, - II ( 119� � �.. R=3 Mao 14 J zoo- 200' f9099 72� �'� �• i776 i E OLOOK6 m BLOCK2 €�—9LOCK6 f C� _ &OCK4• a�LL moat 42239' II IL i �G%9 BLOCK IO BLOCK iI BOCK 16 N gm �' �` :Imo' BLOCK 12 fiLCrN 13 C7 I—ff. N C9 Q Iy OLOCK9 — �� �- 1 a9EK 14 BLOCK I6 1.A mff GEMmM - 1 06.222024 TTT HoM�,y_ 111fl0 r \ awli il6 l b 3 /� o my 40P aow race rrimL Pre Plat Effiikil-Block Feee � aid HMterNlSuk', 1'=20P EX-08 City of Meridian I Department Report VII. Exhibits J. Common Drive (date: 5/17/2024) W W W I I I y y I R1L7 I B7LS I 137L9 O� a,zm-sF 8255F 3,V-5SF =Q C= I 1 5'516E I 1 � � w I SETBACK I I \N y 1 I I r--------- W W I I I I L--------- W L --- L--------- _ y w w v W y y y y / /W y Benslees WI 1. AGENCYCOMMENTS- Drivewa y A 112.07' B1 L° 08.22.2024 9,132-SF w w y y I ! 16, s y 1 I U cu F. W I Bt Ls 1 ! + w W v 3.9735F 1 1 1r }+•y O 8' V y w y y W 12'REAR Ir W w I SHBACKTYP. I 1 1 -- W L——— ----1--� y m y c J c = cz = ts1= T------------i--� y L Common Drive Exhibit-Driveway A ° 20 40 a m If EE � Xgpp. Horizonal Scale:Custom PfOieollo`Inx EX-01 $8 �- Dc 0108wb Cu. .2024 ¢�o I B1 L25 131 L26 I I 01 L27 I C I 3825-SF 3,0255E I I 3,825-SF 1 W C I I I I U w w LU ssIBE 1 I SETBACK .� r---------1 r---- -- -1 Driveway B W y 1. AGENCVCOMMENTs- ` B1 L28 3,9se-sF 111.67' 08.222024 w \ w J 1 1 1 I s m 1 fig' 1� B1L29 n AGHfl�s asasSF r v I •- 1 II '� r —F-------- ---, y y W e}o act+ sLa $ Common Drive Exhibit-Driveway Bmom} az 5 Horizontal Scale,T'=20 gale of k s aer 0.5 aw D517,20i4 232m EX-02 a� ,1 dye City of Meridian I Department Report VII. Exhibits I I l W Z C y I 12'REAR B9 V $ETBACK 6,706-SF yy pCHD I 1 \ a I1 �6 1 l�li�1T� I y � \ y y Driveway C \\ \\ y 1 AGENGYCOMMENTS- BBLB \ \ w y N 144.34'J,982-5F y 08.222024 — -------i i---s -----J L——————————J Q� m y 0 I 5'SIDE I SETBACK E E B9 L9 B9 L10 B9 L11 a I 4,5E-SF I I 4,4165F I I 4,416-5F I (� I I I I I y _ >a g$ Common Drive Exhibit-Driveway C o zo' 40' Q m `y\ Horizontal Scale:1"=2C' Pf 10W:1ZINa EX-03 ��� `� DalE of hSUn�05.17,2D3� ¢�o W y w B1 L40 B1 L41 131 L42 I w 3,4ao-sF 346O-SF 34ao-SF gazz-sF S Q a y l a It I I a I I I H�C7 y I bt: I I ? I I I L------- W r— -----II I I r——— ----7 r-------� I ---��_ /�{r►�1� y I I I L— y L— ———— J L—— ----� L _————— � Driveway D t// / / 1 AGENCY COMMENTS- " cFv" 111&7 L39 / / 08.222024 y _ -- y J y y ' 131 L38 ! ! '� p a 3,549-sF OH') 12,REAR ! es yr .� v� r w y I SETBACK 16, _ y E W s W W L------------f-- A.U.E. W y E 7—— ----- aCommon Drive Exhibit-Driveway D o 2B' aD' CO ES�.. Horizontal Scale:V=20' F.ImIl4S..InaEX-04 DBE of ISSWX 05,172014 2Je City of Meridian I Department Report VII. Exhibits 31 L62 I B1 L63 I I B1 L64 I I 131 L65 I a 3,472-3F I I 3,400.5E I I 3,400 5F I I 3,400.5E I W W W v O O I I I I a I I gal WWW � WW 2Q� L------L -----L L----- L W W \ W W W \ \ J• V W Driveway E 1. AGENCY COMMENTS- R\ 1 L66 m W 111.67' W + W 08.222024 3 o-aa-sF W W + W W J \ 11 1 1 W W o 11 1 1 I W Cu \ 11 1 1 I W c + � B1 L67cc � S 4S i�Ctiiq ESMT 12'REAR I W W J. �" W 4-'a G SETBACK W y W ------------ +L P.U.E.—� —J W W � ---- ------� W W W +N+ c+Y b I s � I � tz � ggas Driveway E Common Drive Exhibit- ° 20 aJ Q Cc Hodzor0al Scale:P=20' P.lpdk:173210 Ex-05 Dale of lssas¢e:05,17.2024 J I I + I W CL W W 1a' I W Lux0 B14 L17 W AC�E$41T,f 3957-SF I H—j / W W 16 1 1� 12'REAR SETBACK W W I——————————— — J W W 71,1T� Driveway F W W W / B14 L16 J R.— W 3,121-5F 111.87' H W 1. AGENCY COMMENTS- W 08222024 � / W i r————— -�—-----------1 1 1 y y y W + W w w W L------------J I d w I WyWyWyWW I I I c4 I I 5'SIDE c� I W W W y J. W W O z SETBACK z' s eW eW . WWW 4- G I I I I � � I W W J W �•� y g I W W Cu e I I I I I y W B14 L14 I I a I i B14 L15 E 5.808 SF 1 s,ssasF 1 W C., +r c _ g CZ Cu Common Drive Exhibit- Driveway F ° 20' 40 G m E Horizontal Scale,1"=20' Pr°leuno"1MM EX-06 DO"suace05.172024 LL�o City of Meridian I Department Report VII. Exhibits ACHO ISMT. \\\\\ a 616L14 6sysF W Z 12'REAR ` 1 16 SETBACK BUE E m � F \ E \ E Driveway G \ \ E 131.22' \ \ E Revisims 3,418-SF \ E E \ � 1, AGENCYCDMMENTS- 08.222024 F---- ———————- r-- ---------� —I --- --------I —W — --------I o U es cz'y� ;=Z O H J2 i � = o B16L10 l_ B16L12 B16L1t a6a-sE 4- cc Ct g 6.965-SF 7,212-5F NOR Common Drive Exhibit- Driveway G D 26 40 a m :9 Horizontal Scale:1'—20' Pmleak 123M EA�O7 a ate of hake 05.17 W LL�o City of Meridian I Department Report VII. Exhibits K. Building Elevations(date: 5/20/2024) Traditional Farmhouse �� 11 I 1 � 1 City of Meridian Department Report VII. Exhibits Farmhouse Farmhouse 7 i City of Meridian Department Report VII. Exhibits Next Generation Farmhouse 1 . 4441911 Iff I City of Meridian Department Report VII. Exhibits L. Annexation Legal Description& Exhibit Map (date: 5/2/2024) :� OT. THE LAND GROUP May 2,2024 Project No_12320C EXHIBIT`A" BARATZA SUBDIVISION ANNEXATION DESCRIPTION A parcel of land located in the North Half of the Northwest Quarter of Section 34,Township 4 North, Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows- Commencing at the Northwest Corner of Section 34 of said Township North,Range 1 West,said point being THE POINT OF SEGINNNING, Thence South 89'35'48'East,2654.01 feet(formerly described as 2653.94'),on the north line of said Section 34 to the North One quarter Cc rner of said Sectio n 34, Thence South oD'43'59"West•,fora distance of 1323.29feet on the north-south midsection line of said Section 34,to the Center-North 1116th Section Corner of said Section 34, Thence North 89'26'10"West,for a distance of 264-7.62 feet on the east-west 1/16th sectio n line of the Northwest Quarter of said Section 34,to the North 1/16th Section Corner common to Sections 33 and 34 of said Township 4 North,Range 1 West Thence North oa'27'23"East,for a distance of 1315.86 feet,�formedy described as 1315_So'a cn the West line of said Section 34 to the P01NT OF BEGINNING_ The above described parcel contains 80.30 acres more or less_ PREPARED Br P N T O A IL 7880 wn 5-2-2024 lE O;VThe Lend Group,Inc. $.W James R.Washburn,PLS 462 East Sham Drivt,Su It&100_Eagle.Idaho 83815 208.939.4041 thelandgrouploo.00111 City of Meridian I Department Report VII. Exhibits LAN PIP I I Is T I �,a I � I - I — �' BARATZASUBOIVISION n. r L�t U aoaoacnes � N I s �— I c Iti =�-- �, T T---r I�� JTJ ®R svref AN1.Q0 City of Meridian Department Report VII. Exhibits M. Rezone Legal Description&Exhibit Map (date: 4/19/2024) LEGAL DESCRIPTION ►': ; THE �f Page 1 of 2 LAND mM GROUP Date April 19,2024 Project No.:123200 EXHIBIT A BARATZA SUBDIVISIDN R15 REZONE DESCRIPTION A parcel of land located in the North Half of the Northwest Quarter of Section 34,Township 4 North, Range 1 West,Boise Meridian,City of Meridian,Ada county,Idaho,being more particularly described as follows: Commencing at the Northwest Comer of Section 34 of said Township 4 North,Range 1 West,said point being the POINT OF BEGINNING; Thence South AT 35'49"East,for a distance of 2654.01 feet on the North line of said Section 34 to the North Quarter Corner of said Section 34; Thence South 00'43'59'west,for a distance of 598.21 feet on the North-South Mid-Section Line of said Section 34; Thence North ST 35'4a'West,for a distance of 5.07 feet to a point of curve; Thence 26.90 feet on the are of a curve to the left,said curve having a radius of IMOrl feet a central angle angle of 15'24'44',a chord bearing of South 82'41'S0"west and a chord length of 26,92 feet, Thence South 74°.SY 28"west,for a distance of 67.83 feet to a point of curve; Thence 161.40 on the are of a curve to the right,said curve having a radius of 600.00 feet,a central angle of 15'24'44',and a chord bearing of South 82'41'S0"West,and a chord length of 160.91 feet; Thence North ST 35'4a'west,for a distance of 3.01.65 feet; Thence South 00'24'12"west,for a distance of 166.40 feet to a point of curve; Thence 97.56 feet on the are of a curve to the right,said curve having a radius of 80000 feet, a central angle of O6'59'14',and a chord bearing of-South 03'53'49"West,and a chard length of 97.50 feet; Thence South 07°23'26"West,for a distance of 109.06 feet to a paint of curve; Thence 97.56 feet on the arc of a curve to the left,said curve having a radius of 800.00 feet,a central angle of O6'S9'14',and a chord bearing of-South 03'S3'49"West and a chord length of 97.50 feet; Thence South Otr 24'12"West,for a distance of 72.71 feet; Thence North 89°35'4a'west,for a distance of 617.59 feet; Thence North 00'24'12'East,for a distance of 311.28 feet; Thence North aT 35'4a"west,for a distance of 1164.50 feet to a point of curve; Thence 68.33 on the arc of a curve to the right,said curve having a radius of 43.50 feet,a central angle of 90"W 00",and a chord bearing of North 44'35'48'west and a rhord length of 61.52 feet; Thence North 00'24'12'East,for a dicta rice of 359.5O feet; 462 East Sho-re drive.Suite 100.Eagle.Idaho 93616 208.939.4041 Ihelandgroupina.com City of Meridian I Department Report VII. Exhibits Page 2 of 2 Thence North 8T 35'48"West,for a dlstanee of 242.14 feet to a point on the west IIne of said Seetlon 34; Thence North W 27'21"East,a dlstanee of 474.12 feet on the west IIne of said Seetlon 34 to the POINT OF BEGINNING. The above described pa rcA conta Ins 53.32 acres more or less. PREPARED BY- LAArD Thar Land Group,Inc. 0. 7880 2 5-2.2024 AL lames R.Washburn THE LAND452 EW Shore Drive,Se Ile 166. Eagle,Idaho 83615 2413.10313.4641 melendgroupine.eoro City of Meridian I Department Report VII. Exhibits LEGAL DESCRIPnON i i THE Page 1of2 eegf 9 LAND GROUP Date May 2,2024 Project No.:123200 EXHIBITA BARATZA SUBDIVISION R8 REZONE DESCRIPTION A parcel of land located In the North hlalf of the Northwest Quarter of Section 34,Township 4 North, Range 1 west,Boise Merldlan,[Ity of Merldlan,Ada County,Idaho,being mare particularly descrl bed as follows: Commencing at the Northwest Corner of Section 34 of said Township 4 North,Range 1 west; Thence South 29'35'48"East,for a dlsta nee of 2654.01 feet on the North llne of sa Id Section 34 to the North Quarter Corner of Bald Seetlon 34; Thence South OT 43'S9"west,for a d Isla nee of 598.21 feet on the North-South Mid-Seetlon Llne of sa Id Section 34 to the POINT OF BEGINNING; Thence continuing South 00°43'59"West,for a distance of 72S_O8 feet on the Bald North-South Mld-Section Line to the Center.North if ibth Corner of said Seetlon 34; Thence North 8T 26'10'West,for a distance of 2647.62 feet on the East-West 1/16th Llne of the Northwest Qua rter of sa Id Section 34 to the North 1 f 16 th Corner common to Sections 33 and 34 of sa Id Township 4 North,Range 1 west; Thence North W 27'23'East,for a distance of 945.74 feet on the west II ne of said Seetlon 34; Thence South 8T 15'48'East,for a dl stance of 242.14 feet; Thence South W 24'12'West,for a dlstanee of 35 .50 feet to a paint of curve; Thence 6833 feet on the are of a curve to the left,said curve havl ng a radl us of 43.50 feet,a central a ngl a of W 00'OCrr a chord bearl ng of South 4-C 35'48'East for a distance of 61.52 feet; Thence South 8T 35'48'East,for a dl stance of 13€450 feet; Thence South W 24'12'West,for a dlstanee of 311.28 feet; Thence South 8T 35'48'East,for a dl stance of 61759 feet; Thence North W 24'12'East,for a distance of 72.71 feet to a pol nt of curve; Thence on the are of a curve to the right,said curve havl ng a radius of 800.00 feet,a central angle of Ofi'59'14'r a chord bea rl ng of north 03°S3'49"east for a dlstanee of 97.50 feet, Thence North 07'23'26'East,for a distance of 109.O6 feet to a point of curve; Thence on the are of a curve to the left,said curve having a radl us of 804.00 feet,a central a ngl e of 06'59'14",a chord bearing of North 03°S3'49"East for a distance of 97.50 feet; Thence North W 24'12'East,for a distance of 166_40 feet; Thence South 8T 35'48'East,for a dl stance of 101_65 feet to a point of curve; Thence 161.40 feet on the a re of a curve to the left,said curve havl ng a radl us of 6W-M feet,a central a ngl a of 15'24'44"r a chord bearl ng of North 82'41'sO'East for a distance of 160.91 feet; Thence North 74'59'28"East,for a distance of 67.83 feet to a point of curve; 452 Eaat Shore Oriwe,SeIte IDD.Eagle,Idaho U615 2413.10313.4641 Melentlgroupine.eoro City of Meridian I Department Report VII. Exhibits Page 2 of 2 Thence 26.90 feet on the art of a curve to the right,sa Id curve having a rad lus of 100A0 feet,a central angle of 15'24'44",a chard hearing of North 82'41'SO'East for a distance of 26.82 feet; Thence South 99'3S'48'East,fnr a dl stance of 5.05 feet to the POI NT OF 9EGI NNI NG. The above described pa rtel conta Ins 26.99 acres more or less. PREPARED BY: The Land Group. Inc. LA4VD ry T a 680 S•2-2024 +JS�, lames R.Washburn THE LINll 452 Ent Shore Drive,Suite 166_Eagle,Itleho 83615 246.10313.4641 th eland grouprne.eorn GROUP City of Meridian I Department Report VII. Exhibits ---- - ----------- Ifs Il I I � R15 ZONING yE - J BAPATL1511BDIVISION R8 ZONING I .. 7 7 7 __—__7\ 9 r uw.ns pl! I I Su -?nnin IN1.00 City of Meridian Department Report VII. Exhibits VIII. ADDITIONAL NOTES & DETAILS FOR STAFF REPORT MAPS,TABLES,AND CHARTS (link to Community Metrics) A. One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based data excludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0(i.e. excludes most HOA area,transitional development, government, and quasi government facilities). The following values also constrain included property acreage to reduce outliers and non-conforming instances from distorting averages: R-2<5.0; R-4<2.0; R-8< 1.0; R-15 <0.5; R-40<0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones,may be constructed. Decennial population counts and household counts are based on the most recent Decennial Census. Current population and current household values are COMPASS estimates,usually for the year previous, and are based on traffic analysis zone boundaries(TAZ's). B. Service Assessment Notes This data is derived from enterprise application and GIS database, and exported in dynamic reporting. The system references the most recent available from a variety of sources including sewer main lines, sewer trunksheds, floodplain, fire service areas and response times,police crime reporting,pathway information, existing and planned transit, existing and planned roadway improvements, school proximity,park proximity, and other resources. The overall score represents the total points scored using weighted criteria(it is not a ranked order), and the percentile score is relative comparison value of the parcel being considered versus every other parcel in the City(the higher the better). This tool was developed as a City Council prioritized outcome of the 2019 Comprehensive Plan. C. ACHD Roadway Infographic Notes The Ada County Highway District utilizes a number of planning and analysis tools to understand existing and future roadway conditions. • Existing Level of service(LOS).LOS indicator is a common metric to consider a driver's experience with a letter ranking from A to F.Letter A represents free flow conditions, and on the other end Level F represents forced flow with stop and go conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow,to be acceptable. The LOS does not represent conditions for bikes or pedestrians,nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. • Integrated Five Year Work Plan (IFYWP).The IFYWP marker(yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. • Capital Improvement Plan(CIP).The CIP marker(yes/no)indicates whether the specified roadway is programmed for improvement in the next 20-years. City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts C i E IDIAN.;--- Agenda Item Applicant Presentation %�.= THE Baratza Subdivision j � LAND GROUP Council Hearing M=IcNNAIZ December 1712024 r , , 4, - � i{ R _-a y �I Presentation Summary .: = . Comprehensive Plan`}" Community Context Community Amenities :. P&Z Comments & Response * Y Request: Approval with Conditions y, THE LAND 'll" Ba ratza Subdivision GROUP —— VWAVAVAVAP jam JAM � tt If — ii i = rr■ �� III �" , •. — — 1 ■ If1Rf r City of Meridian : • w 111 Illlll r Inlnn Future Land Use Map (Feb 2024) i3iT11111 ► !� 3� ■: �,RI11 f*r+�..I���. irk\ a •_!. _ �a�w �— — t,rllr•If���::,'=���*litllll!■i� - ROM ■ ,t,rrl�r■��alff!ltll'� r-irt: _ �,r +�11111111'll fu! �rrrr_ ■ ����������i 11 lil l�**;,/ii C 1l11�11111 �iii�rlrr:•.�iliri irrurri•ttt Citywi ide NO• ,��1fFIIFiIrIFII.�IInllil f111111111�1111Flllllllr= '+' �•� Illlli I rllli I II "�- =111l11 li Illlll li '= MAP,■ McMillan • OPP,' _ Low Density Residential w t Medium #e r �"IIIIIlIII '1 ><tlilllUl_ � a - i ]TZA r •Tl11TT��rI ` T�1 T1r��.R1� �tlMed-High Density Residential - High Density Residential Commercial �f�ice Medium Densi - Resider#inl - - ' Ilrrlrr�� llrrr ��r industrial �rlr■ -- 1V1C �, • f i • • 1 Baratza Subdivision C-► �I 13 1� '4• �I - f Willow Cr '_' • Elementa mefltaO-y~ • I,- = -enm nn { _ hool , P'rk- r III��y I r�'p Gem,PSep� n� I-� � >7, � • I Chaer. D m Ill�il inunun Lim s IIIIIIIIIIII .1 i �Ilmm�m 1111 I '1- _ L +i iil'nllniill ''. •. Ilmfliltll• 111 1I 1 -_ - I aV -. � VIIIIIIIIII III .'. - M6M, ._AMR = - MI N R MC LLA D Hunter ;Elementary School , We t 1 •run I-, n . mull=nlu� #� rm III 1' nm= no 7 1 w' LU I II•Illil.l=I inllll I. �alml=�IlAlttAlt ❑� - W - uunnlln • _�iiiiirim � I yyy.. ���11 Z �---- IIIIIIIr W IIIIII ❑ ''� -f7,_:,y_ U IIIIII, , Cfil),III I Sawtooth �Innnll -,. High School -imin'�. 1 - J I ".- " Mid"., --_ - m a' ... � USTICK RD Ponderosa 1 ' I � a Eleme: 4 rrtiWsreas d I c 1 ( ONDm*/I • • I } , low r Ak 't .•w•,�.• •� `�.�� ,ice�E,~7!�~.�'�t'�,a�,-' ,. �. + �ti ~ �` � ^^�11►a'.I z.. Ar I its 4i r �I x— _.x— -- -� x --x— x 1f -o m'air � � 41 _ T•. q V SN& 1 x OPEN SPACE REQUIRED: 15% / 12 ACRES A OPEN SPACE PROVIDED: 22.2% / 17.83 ACRES x- - AMENITY POINTS REQUIRED/PROVIDED: 16/21 x X x --x-�x [- x z z x x z x i F Tll - !`� �- Ba ratza Subdivision Community m e n i t i e s LAND GROUP -} ?3� i aP-1� „uF: •�.�R i. y i i< a �.{LdU;1. ® ,.� a -V-IWI ig - Op �lfJ 6 ~ y x ;". ...... a ! iII ....... 'r"_` ., _ *,r`Ji � �- ►f` -�.�.�, - �i'^ ill ME • •s• k 'yam.` r 1✓,..c .y :,..•. vim" Aw Vah ' Yq, . Pima _ AiOil r op dio r .� �.�, � � --' �. R . •- � - S ga ' _yam r, t •_,` � ' �' dye � x.. . � A 1► - `R � 1r- • 014097, 0. 4d% 'r t Ae AL �* y; � a � - � F. :. � ,�_ � � - NV ,' f� .s � ■ � • ,ram .y -�. ram, *.. 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'4- •t` -,tom .. ..� L■_I IrkFIL r I�` ■ ■ ICJ �� �� u�r ;� •..-��� �,i�� III � i�l' - � �'li�lrrui�rl F��I, {i -_���-,�� � ��� I I� 1�1�1 I • • r S ! ! r r ! • Planning and Zoning Commission — Comment and Response : DENSITY & ZONING SCHOOLS TRANSPORTATION THE F-.w LAND Baratza Subdivision P &Z Hearing Response GROUP DENSITY & ZONING DESIGNATION P&Z: Is the R-15 zoning and density appropriate in this community? ii ii f ii �i i Cow C' 11 PRO ii ii siME i iI �■■ u �i THE Baratza Subdivision P &Z Hearing Response GROUPLAND DENSITY — Baratza Subdivision fits in I Density Reduced • Revised layout for R-8 on East, South, & West Edge — Align with Neighbors • Retained R-15 at McMillan Rd Frontage to Align with Neighbors AND allow for affordability Original Application Zoning Request Revised Zoning Request R-15 ZONE L o � - -- q - - f R-8 ZONE LAND 1 I J � I _ R-6 ZNNE • ' Baratza Subdivision P &Z Hearing Response !! GROUP DENSITY — Context Y p * - Imhrjp STh � N Tf lop �,- NET DENSITY NET DENSITY eL� �zF i r� t 5.60 DU/Acre 13.60 DU/Acre ^ -- Vill 1j. R•15 ZONE f e NET DENSITY r }4 Pr`ir 1 I � 5.41 DUTAcre NET DENSITY 4.69 DU/Acre BARATZA NET DENSITY 5.62 DU/Acre NET DENSITY 4.86 DU/Acre NET DENSITY '' l 4.73 DU/Acre MCAr'Ic S� ct r [1 r AVERAGE NET DENSITY: 1 MILE 4.96 DUI (Acre I THE Baratza Subdivision P &Z Hearing Response !NLAND GROUP SCHOOLS P&Z: How do we mitigate school enrollment concerns? .44 ii i1 If �� fi it ty a� ff JE Fi r' R THE Baratza Subdivision P &Z Hearing Response if 'GROUP SCHOOLS — West Ada has a plan • HB 521 "School Modernization Fund" — New Construction and Major Renovations only • West Ada School District to receive $150,887,608 • West Ada 10 Year Facilities Plan: Submitted to State of Idaho 11/14/2024 • WASD to move forward with New Star Elementary design and bidding I WASD Board to approve Bids July 2025 • WASD to balance enrollment at area schools I WASD Board to approve attendance boundaries February 2026 • New School to open Fall 2026 �i WalkSesskon ... WFI Ada SdwolNOW� — O ? 10 Wa'kses— ... ~Ada SchoolDrstrict e — d X 0 02:34.41 �l U 8 3 6 O ® ED (D M * a o 1244 21 1: 0 E) S 3 6 O ® 6] D M a lake mnlyd P Oout Civet F p;ry Min AM, Moro fames. M:l sh-i-- lake :pout rm, People Raise Rexs Yrew Share • • • / • • 1 1 1 Proposed Elementary School of Star long Sevin O•t, as + F.11e Mill, ib , • F_t i f •f•. � ow y e.tRaa,,. + _ E.1vadll lNS Cesar .r ��, a �' tress u»a 7p% Less pun so — .!•_i��r.,J —.�� �®� �•�� — _�_ elL CL.+Lr.J N 41%-100% i 2:600 A i O—IW% i 001 1770Y0 _ Wl!luw Creel ` ^Aad'v' P!•F[[! L P oixa.ery. p Type here to search Type hereto search 4► - - THE .� Baratza Subdivision P &Z Hearing Response L.W. LAND TRANSPORTATION P&Z: How do we mitigate traffic on McMillan Rd and Black Cat Rd and at the intersection? _ Ada County Resolution 2395-'Exhibit A"Master Street Map Amended Master Street Map we Boise Downtown June 26,2024 The Ad.C-.y Highway oisui.(ACHDY p dthe Master Street 5 Map in tall,--nion wilt Ad.County and IM-cities to helm 1.* land,-and uarrsportauari gaming.Th aster e M Street Mapm y g one nl he key elements oftNi,ACH❑T—porratim and land Ilse Integration Man.The Master SRed Map c a l'wing dootmem and is not b'rd'ng on wwre Commissions. MSM Arterials ' E s �S1a�51'�an Rk.'u9rmapl. BEACON LI fifl ,8 `� Modllq'sa�iiak MohilRy eb=�al�Cn�w,vimnetJ �� F TING THER Rp ` � 5 � 4 � sraiti,laysi Modl2y[cmtlw[dMc swM] T •.g _f -h-na HnNity Arterial A I rc sT t' i It�aw�e�Rm1114Ar�nal(uaw.vlmn.arJ ra—/C-a I —Rnbw41 ���I r �M j�Lorhootl Raidartial t'iI NDEN aC�a -� g —IiNchdl Und,,,5L*Mpdm aesm�Y q 1 - u Il r USTI K ..pnp—�stlmew ma,ial f � --- �. ==pnpo%tl RestlmEal lle�hodtood ! G 111 tFAIRN VE popvldT @r PIN'AVE E .RANNLIN. .� �pnp�,d Rural L�' ��pW�`d Ntael lNn Lypd JY m9mtl) t _ r `I = _ AnP-d Gtlm-V =1 VERIIAW R� `� I MSM Cdlad In VICMTC RY pYY I� AMR,•R6p❑ - L, PMI = \ Tw�dwl NegMWmd Rtral ELROz rc to g - kRC ��!-.i"!L. 9y� CNn 4,pd-d®9ua ppY ^I CCL�I.MIRI�RU w + T� _ I �T l 1 � \ __p�yltdu�ial•• �F I�� rr --pnpnmE RtstlenEw•• 8 t � 1I( p i- -o T t T ; T.0 ' w popoxtlT(prta.. 6ARo o I ♦ S r J. IL r-- - pop Hhatlitiotel Ne9nl,oductl•• � ' -pW�`d Rural•• -� FJ D l����� i --Pn—Uile2a[No Mwb9l pewqulaM]•• �.t DEER FLAT e � ! � MSM Rounda6ar6•" i *+1 C .__ Sin91e We KING + - - iSKi>P —Dual tare —rpe are PNNAMMARD Roadways idemihed as angle facilities are only included to show 4-t 4-+4-T T r i;-- y the transponatlon system as a v hiAs panning Tor mese,:m dm i ride,jurisd i=of the Mani,,Transportation Depanmerp. AI' is f m d- dill d as d uiii as i+t t T t T' tg lbi- ys prcpose r t t r i are aublsrimdarebpnen[review- 1-t—f-f Rourdal>at�lo�ati�mavbeadj.sNdIna« nnnodare topoyaphicmnanama- THE Baratza Subdivision P &Z Hearing Response L.W. LAND IN I TI CHINOEN BOULEVARD(US 20-26) 20 2s Temporary Mult-Lane '•Traffic Signal KOLinda7UJt I Table 5 Programed&Planned Transportation Projects MCMILLAN ROAD Additional Q 4 PLC • D Mc Millan Rd/Black Cat Rd Temporary traffic signal 2025 Funded 350 P rY g � o r 4 SH 16:SH 44 to 1-84 4 lane expressway 2026 Funded 7,200 v ccUstick Road:Black Cat Rd to Ten Mile Rd Widen to 5 lanes 2026 Funded 2,42D+ intersection lanes a - USTICK ROAD Ustick Road:Can Ada Rd to Owyhee 2,420+ Storm Av+Intersections Widen to 5 lanes 2026 Funded a(a intersection 1 Funded� b r - Grand Lake Way Complete Collector roadway 2027 Y $54 a Baratza -- McMillan Rd/Black Cat Rd Multi-lane roundabout 2029(accelerated to Funded by2028 by Baratzal Baratza 3,000 Black Cat Rd Bridge Lemp Canal Bridge upgrade 2029 Funded 690 - McMillan Road:McDermott Rd to Ten Widen to 3 lanes 2035 Planned 145 sue-Improved by 2025 IIIIIIIIIIIIIIIII11-Improved by 2029 Planner Mile Rd =-Improved by 202-6 -Improved by 2035 Black Cat Road:Ustick Rd to US 20/26 Widen to 5 lanes 2040 Planned 2,420 11110-Improved by 2027 -Improved by 2-040 Total Additional Capacity(Next 16 Years) 19,495 KITTELSON &ASSOCIATES THE Baratza Subdivision P &Z Hearing Response LAND TRANSPORTATION — Baratza Subdivision improves current conditions Figure 2. Additional Roadway Capacity from Projects vs Baratza Traffic Volumes Additional Roadway Capacityv Baratza Traffic Voiurne Baratza Impacts (added volume) : 18,000 • 2025: 0 veh/hour 1 s,aaa Additional Capacity • 2028: 120 veh/hour (122 homes phase 1) 14,000 • Full Build out 2031: 197 veh/hour (+222 homes — all phases) 12,000 Total Baratza Volume: 317 veh/hour 10,000 N Added Capacity: mi U 8,000 r �, 2027 Grand Lake: 850 veh/hour n� a m Q • a� 6,000 M o • 2028 RAB: 3,000 veh/hour capacity EJE DIU' � _D 4,000 2 Z5;¢ �- m Total Added Capacity: 3,850 veh/hour m CC — 2,000 Q Baratza Volume 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 -AditomlCapacoy -9aratxavolume THE Baratza Subdivision P &Z Hearing Response !W. LAND GROUP TRANSPORTATION — Baratza Subdivision improves current conditions • Dedication of public Right of Way on Black Cat Rd and McMillan Rd with the Phase 1 Final Plat. • Relocation and undergrounding of the Lemp Canal prior to recording of the Phase 1 Final Plat. • Construction of Grand Lake collector connection from Black Cat to McMillian • Contribution of $1.5M toward the construction of the multi-lane roundabout at Black Cat Rd and McMillan Rd. • Gap Funding of and construction administration of the multi-lane roundabout at Black Cat Rd and McMillan Rd. Baratza Impacts (added Volume) : • 2025: 0 veh/hour • 2028: 120 veh/hour (122 homes phase 1) • Full Build out 2031: 197 veh/hour (+222 homes — all phases) • Total Baratza Volume: 317 veh/hour Added Capacity: • 2027 Grand Lake: 850 veh/hour • 2028 RAB: 3,000 veh/hour capacity • Total Added Capacity: 3,850 veh/hour THE Baratza Subdivision P &Z Hearing Response ! LAND GROUP TRANSPORTATION P&Z: How do we mitigate traffic on McMillan Rd and Black Cat Rd and at the intersection? - r - S - •w'i TT 1 .�. P &Z HearingResponse : ' LAND Baratza Subdivision GROUP •Traffic Signal • Phase 1 Final Plat , • Full Buildout Complete by ACHD • Grand Lake Complete Complete • New School Opens • RAB Complete • 344 homes com lete • Lemp Canal Moved • First Homes . 122 homes complete p Completed • Start RAB • Phase 2 Final Plat IBM Development & Infrastructure Timeline �W. LAND TRE Baratza Subdivision • GROUP Figure 2. Additional Roadway Capacity from Projects vs Baratza Traffic Volumes Additional Roadway Capacity v Baratza Traffic Volume 18,000 16,000 L •r��s-4ti� 1 ` •r� •r• �. Additional Capacity 14,000 12,000 S • ♦ �. • • t 10,000 m Ni mi U 8,400 Q ♦ _. `- (/7 �i to ---ate, +�� 6,000 ID d 010 a- =09y 4,004 d c'¢ m - i — '� C 2,000 LL ¢i�3 LL LL Baratza Volume 0 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 �f" -Addioomi Capauty -6aralza YaLume �Et THE A LAND 'll" Baratza Subdivision LE GROUP Request : Approval with additional conditions in DA: Condition : Prior to signature on the Phase 1 Final Plat by the City Engineer, the temporary traffic signal at McMillan Rd and Black Cat Rd shall be installed and operational . Condition : Prior to signature on the Phase 2 Final Plat by the City Engineer, The roundabout at McMillan Rd and Black Cat Rd shall be constructed and operational. Thank You THE F.M LAND Baratza Subdivision GROUP Mixed Housing Style : Lennar NextGen Homes _ Covered Pa _ tio - - �. � � � ,� ,w �. � _ _ _ _ _—_—_— i w u� x 9' Beth 3 Retreat Bedroom 2 Nock 8'11' 9'x 13'8" Great Room Owners Suite 12•x 12•g• I I Id 16'x 15' Next Gen Bedroom p„ 15,1"x14' 1T A•711810 _ - --- - - - - - un 11e Laundry Retreat Beth R - - Bedroom 3 11'1'x T'6' H Bath$ 11'8"x 11'8" I �. iIII Bath � I Kitchen 7 11 - - - ph'I Laundry. Wet Bar NextGen Lot Area J Bedroom 4 i Pwdr ti'8'x 11' Mudroom Foyer Walk-inUoset � 1 iill. Il iI � - HVAG Next Caen Living Loft 15'9"x 16'5' 2-Car Garage i-Car Garage 1919"x256- 10'8'x24' Parch 1st Floor with Next Gen Suite 2nd Floor The Home Within a Home° =; I THE • ' Baratza Subdivision Staff Comments �• LAND GROUP Shared Driveways : Reduced from Seven (7) to Six (6) -- --------- - ........ 74 7 W F EI. 7 _T -77 Preliminary Plat-Cover Block Length Waiver Request : withdrawn I I THE • LAND Baratza Subdivision Staff Comments ifflGRIOUP V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Summerlin West (H-2024-0023) by Laren Bailey, Conger Group, located on the east side of S. Locust Grove Road, between E. Lake Hazel and E. Columbia Roads in the SW 1/4 of Section 5, Township 2N, Range 1E Application Materials: https://bit.ly/H-2024-0023 A. Request: Annexation of 63.965 acres of land From the RUT zone in Ada County to the R-8 (medium density), 17.27 acres and R-15 (medium high-density) 46.69 acres. B. Request: Preliminary Plat consisting of 339 building lots and 28 common lots on 63.17 acres of land zoned R-8 and R-15 zoning districts. PUBLIC HEARING SIGN IN SHEET DATE: December 17, 2024 ITEM # ON AGENDA: 3 PROJECT NAME: Summerlin West (H-2024-0023) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 COMMUNITY DEVELOPMENT C��fEPIDIAN*,­, DEPARTMENT REPORT HEARING 12/17/2024 Legend DATE: Project Location TO: Mayor& City Council :=_Area of impact �= City Limits FROM: Linda Ritter,Associate Planner O Analysis 208-884-5533 -Iritter@meridiancity.org ��-- ,r--i 1 � APPLICANT: Laren Bailey, Conger Group -- '- e SUBJECT: H-2024-0023 j Summerlin West Subdivision AZ,PP ° LOCATION: Located in the NW'/4 of the SW '/4 of Section 5, Township 2N, Range 1E, parcels: R5147110200, R5147110324, rn R5147110342 and S1405315235 I. PROJECT OVERVIEW A. Summary An annexation with zoning from RUT(Rural Urban Transition)to R-8 (medium density)and R-15 (medium-high density)and a preliminary plat application to allow for the development of a 367-lot subdivision consisting of 337 residential building lots and 28 common lots on 63.17-acres. B. Issues/Waivers • Kuna School District states they cannot serve the proposed development because the proposed plats in this zone are beyond district capacity. This proposed development will impact Silver Trail Elementary,Fremont Middle School,Kuna High School and Swan Falls High School zones which are already at or over capacity with the current enrollment. • Waiver for Block Face Length per UDC 11-6C-3F for E. Crimson Clover Drive exceeding the maximum requirement of 1,200 feet. • Waiver to keep the Rawson Canal open per UDC 11-3A-6. • Access management and potential impacts due to the close proximity of the private road (E. Cavalli Lane)to the proposed public road(Summerlin Drive). Staff feels the applicant and the adjacent property owner should coordinate to develop a shared access solution. C. Recommendation Staff recommends approval of the requested annexation and preliminary plat per the conditions of approval included in Section IV in accord accordance with Findings in Section V. D. Decision City of Meridian I Department Report 1. Project Overview II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Rural Urban Transition(RUT) - Proposed Land Use(s) Single-Family Residential - Existing Zoning RUT VII.A.2 Proposed Zoning R-8 and R-15 Adopted FLUM Designation Medium Density Residential,Low Density Residential VII.A.3 Proposed FLUM Designation Medium Density Residential,Low Density Residential Table 2: Process Facts Description Details Preapplication Meeting date 5/28/2024 Neighborhood Meeting 5/23/2024 Site posting date 10/28/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.G • Comments Received Yes, Staff Report - • Commission Action Required No - • Access S.Locust Grove Road - • Traffic Level of Service E - ITD Comments Received Yes,Letter IV.H Meridian Public Works Wastewater IV.B • Distance to Mainline 900 ft from property line • Impacts or Concerns • Sewer not yet available to site.Closest available sewer is 900 ft from property line • Must provide to and through to R8315200020 Meridian Public Works Water IV.B • Distance to Mainline 890'from existing water main however Hadler Subdivision would bring it within 70'once constructed. • Impacts or Concerns • Engineer to verify if there is a well onsite.If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City. • Developer of Rescue Ranch has discuss running a water main down E Cavalli Ln with the City.Work with the developer of Rescue Ranch on water mains location. The City will not allow parallel water lines. So either: A. The water line is constructed in E Cavalli Ln and you tie into it;or B. The main gets constructed in Summerlin Drive and you provide an easement and stub to the property boundary. - Only phase 1 as shown in the phasing plan can be constructed with a single connection to the City's existing water infrastructure.A second connection(looping)is required before additional Phases will be approved. - If a road to the south is required provide a water main stub to the southern boundary. - Main down Locust Grove needs to be 12". City of Meridian Department Report II. Community Metrics School District(s) Kuna School District ' IVY • Capacity of Schools Silver Trail Elementary—At or over capacity - Fremont Middle School—At or over capacity Kuna High School—At or over capacity Swan Falls High School—At or over capacity • Number of Students Enrolled Silver Trail Elementary—At or over capacity - Fremont Middle School—At or over capacity Kuna High School—At or over capacity Swan Falls High School—At or over capacity Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. Summerlin West AZ,PP H-2024-0023 (copy this link into a separate browser). Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:IRS 147110200 Date Retrieved:2024/10/22 Parcel Count Parcel Acreage Infill Indicator: 325 1,268 Surrounding Area 56% Not city 1W 699 ® City Limits 989.4 ■ Not City Household Household& Population Growth ■ Households 02020 Population Change:116.2°I° Population ■Growth (Household and Population Change since 2010 Decennial) 1,000 2,000 3,000 4,000 Use Types Residential Addresses All Addresses ■ Single-family Multi-family is 0% Ap is ® Commercial Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years) Proposed I I Proposed Pending I Pending Approved Approved 2000 4000 6000 0 10 20 30 .0 ■ Single-family ❑ Multi-family City of Meridian I Department Report II. Community Metrics 2.00 500 Single-family y T 1.50 (AResidential Parcel Diversity a 1.00 ISM c°� L 0 Parcel Count 0.50 0.67 0 42 m a *Average Acres 0.00 0'11 0 R-2 R-4 R-15 Average Single-family Density by Zoning Average 10.00 9.36 d �'J d- Density6.59 - 5.00 48� 0 2.42 . 1.49 o.00 Dwelling Units I Acre R-2 R-4 R-8 11-15 Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. Figure 2:ACHD Summary Metrics a Locust Grove Existing Lanes © Planned Lanes m Existing Level of Service Notable r Comments Q (Primary roadway impact) Programmed IFYP Programmed CIP Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. Figure 3: Service Impact Summary Ready Marginal Caution 46 SR CP Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview This property is designated Medium Density Residential and Low Density Residential on the City's Future Land Use Map (FLUM) contained in the Comprehensive Plan. The medium density residential designation allows for dwelling units at gross densities of three (3) to eight(8) dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The low density residential designation allows for dwelling units at gross densities of three (3) dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks, trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The proposed density for the 17.274 acres of land for the R-8 zoning district equates to 2.95 du/ac and 6.12 du/ac for the 46.691 acres proposed for R-15 zoning. The applicant states the proposed project has an overall gross density of 5.37 du/ac, meeting the required density range listed above. Stafffinds the proposed preliminary plat and requested R-8 and R-15 zoning districts to be generally consistent with the Future Land Use Map designation for medium and low density residential. The R-15 zoning designation, which allows for reduced lot sizes down to 2,000 square feet, provides flexibility for developers to support a diversity and variety of housing types. This can create a dynamic, multi-generational community where residents can transition through different stages of life (known as aging in place) while remaining in the same neighborhood. This type of zoning in conjunction with other designations should be used to support a diverse housing mix that supports long-term residency and continuity within the community,promoting stability and a sense of place for residents throughout different stages of life. Comprehensive Plan Policy 2.01.01 encourages diverse housing options suitable for various income levels, household sizes and lifestyle preferences. Comprehensive Plan policy 2.01.01 G states development should avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City. Therefore, staff recommends the applicant provide a mix of dwelling type such as single family attached or townhomes within Block 2 (lots 2-12), Block 3 (lots 2-20), and Block 4(lots 2-20) of the proposed development as supported by the Comprehensive Plan within the R-15 zoning district. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IV. The DA is required to be signed by the property owner(s)/developer and returned to the City within six(6) months of the Council granting the annexation for approval by City Council and subsequent recordation. City of Meridian I Department Report III. Staff Analysis Table 4: Pro*ect Overview Description Details History Laredo Estates Subdivision Lots 2 and 3 Phasing Plan 6 Phases Residential Units 336 Single-family detached Open Space 15%required/24.36%and 15.39 acres provided Amenities Swimming pool facility,playground,picnic gazebo,pathways,tot lot, plaza sitting area and dog parks Physical Features Rawson Canal Acreage 63.17 acres Lots 367 lots(337 residential,25 open space and 3 common driveways) Density 6.12 du/acre(R-15)2.95 du/acre(R-8)overall 5.37 du/acre B. History The property resides within Ada County and is zoned RUT. Parcels R5147110200,R5147110324 and R5147110342 were originally part of the Laredo Estates Subdivision Lots 2 and 3. Lot 3 was later subdivided into two lots. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The current use of the property is agricultural with one(1) residential property existing. The existing structure will be removed and the existing well and septic system will need to be abandoned as required. 2. Proposed Use Analysis (Comp Plan 2.01.02C, Comp Plan 2.06.01 G, Comp Plan 2.06.02D, UDC 11-2): The applicant is proposing single-family detached homes which are listed as a principal permitted use in UDC Table 11-2A-2 for the R-8 and R-15 zoning districts. Staff is recommending the applicant provide a mix of dwelling types within the residential area such as single family attached, or townhomes as supported by the Comprehensive Plan and the purpose statement of the UDC within the R-15 zoning district. Comprehensive Plan policy 2.01.01 C encourages the applicants to maintain a range of residential land use designations that allow diverse lot sizes, housing types, and densities. To support this policy staff recommends the applicant provide additional housing options (i.e. townhomes, single family attached) in the development. Comprehensive Plan policy 2.01.01 G states development should avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City. Comprehensive Plan policy 2.06.02D encourages a diversity of housing, recreation, and mobility options to attract and sustain the local workforce. The Comprehensive Plan states the location and balance of land uses and densities should efficient and sustainable; enhance community identity;support a multimodal transportation network;provide housing choices near jobs, schools, shops, and parks; minimize conflicts between incompatible uses; and integrate development with existing and planned infrastructure. The Comprehensive Plan was updated to support a diversity of housing types for all income groups. 3. Dimensional Standards (UDC 11-2): The preliminary plat and future development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 and 11-2A-7 for the R-8 and R-15 zoning districts. City of Meridian I Department Report III. Staff Analysis All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes minimum lot sizes of 2,000 -4,000 sq. ft. and required street frontages of at least forty(40)feet. The subdivision is proposed to develop in six(6)phases as depicted in Exhibit VII J,Figure 3. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11- 6C-3. Although the R-8 zoning meets the requirements of three(3) or less dwelling units per acre, it does not meet the intent of the low density residential FLUM designation as outlined in the Comprehensive Plan. Low Density Residential allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks, trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. Staffs recommendation is to shift from an R-8 zoning designation to an R-2 or R-4 zoning with larger lot sizes (8,000-12,000 square feet) which aligns with the goal of creating a smoother transition between rural and urban properties. The emphasis on larger estate lots in the transition area serves several important purposes: • Preserving Rural Character:By opting for larger lots, the development can offer a buffer that respects the rural and agricultural heritage of the area, maintaining a sense of openness. • Recognizing Scenic View Sheds and Open Space:Larger lots allow for more open space, which can help preserve key views and create a less dense, more spacious environment. This approach is particularly valuable if the area has scenic or historic value that residents and the community wish to preserve. • Ensuring Compatibility: Transitioning with larger lots prevents a stark contrast between high-density urban properties and lower-density rural areas, helping to avoid potential issues with traffic, noise, and visual impacts for existing rural properties. • Enhancing Quality of Life:Maintaining open spaces and respecting the area's agricultural roots can contribute to a more cohesive community atmosphere, balancing growth with the preservation of the area's heritage. The recommendation supports a balanced growth approach that would be more sensitive to the area's unique character and appeal. Five(5)common driveways are proposed with this subdivision. The applicant has provided common drive exhibits which demonstrate no more than three(3)units are served whereas a maximum of 4 units are allowed. The common driveway meets the minimum width of twenty (20)feet and does not exceed the maximum length of one hundred and fifty(150)feet. Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum five(5) foot wide landscaped buffer. D. Design Standards Analysis The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 and 11-2A-7 for the R-8 and R-15 zoning districts. The proposed lots comply with the dimensional standards of the above-mentioned districts. City of Meridian I Department Report III. Staff Analysis Ada County Highway District(ACHD)is requiring the applicant to dedicate additional right-of- way to total 39-feet from the section line of Locust Grove Road abutting the site. The applicant may need to revise their site plan to reflect this requirement. 1. Existing Structure: The current use of the property is agricultural with one (1) residential property and several outbuildings existing. The structures will be removed and the existing well and septic system will be abandoned as required. City utilities are required to be extended to serve the proposed development. 2. Qualified Open Space &Amenities (Comp Plan 2.02.00, Comp Plan 2.02.01B, UDC 11-3G): Based on the standards in UDC Table 11-3G-3, a minimum of 15% (or 12.05-acres) of qualified open space is required to be provided within the development. An open space exhibit was submitted as shown in Section J/71 G, that depicts 24.36% (or 15.39-acres) of open space that meets the required quality and qualified open space standards. Based on the standards in UDC 11-3G-4A, a minimum of thirteen (13) amenity points are required to be provided. The amenities proposed are a swimming pool facility,playground,pathways,pickle ball courts, soccer field, dog parks and several open space areas. All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per UDC 11-3G-5B.3. The applicant needs to provide an amenity from the multi-modal group in order to meet the required standards. Comprehensive Plan policy 2.02.00 requires the applicant to plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. Comprehensive Plan policy 2.02.0IB requires the applicant to evaluate open space and amenity requirements for consistency with community needs and values. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets UDC 11-2A-6 requires a twenty-five (25)foot wide buffer along arterial roads (S. Locust Grove) and a twenty(20)foot wide buffer is required along collector roads (Summerlin Drive prior to Delina Avenue and Barchetta Avenue). ii. Tree preservation Per UDC 11-3B-10,the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred(100)percent replacement(Example: Two(2)ten-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five(5)four-inch caliper trees, or seven(7)three-inch caliper trees). Deciduous specimen trees four-inch caliper or greater may count double towards total calipers lost,when planted at entryways,within common open space, and when used as focal elements in landscape design. The applicant shall add a mitigation section to the landscape plan for trees meeting the criteria above that are removed. iii. Storm integration Per UDC 11-3B-11,the applicant shall meet the intent to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated,well designed stormwater filtration swales and other green City of Meridian I Department Report III. Staff Analysis stormwater facilities into required landscape areas,where topography and hydrologic features allow if part of the development. Development will be required to meet UDC 11-3B-11 for stormwater integration. iv. Pathway landscaping Landscaping for pathways shall meet the requirements outlined in UDC 11-3B-12. The applicant is required to provide a landscape strip a minimum offive(5)feet wide shall along each side of the pathway. Designs are encouraged in which the width of the landscape strip varies to provide additional width to plant trees farther from the pathway,preventing root damage. The minimum width of the landscape strip shall be two (2)feet to allow for maintenance of the pathway. The landscape strips shall be planted with a mix of trees, shrubs, lawn, and/or other vegetative ground cover. The applicant is required to add pathway landscaping along the Rawson Canal. 4. Parking (UDC 11-3C): Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. On-street parking is also available on the proposed streets. i. Residential parking analysis The proposal will be required to meet the standards for parking as set forth in UDC H- 3C-6. 5. Building Elevations (Comp Plan 2.01.01 C,Architectural Standards Manual): Three(3) conceptual building elevations were submitted for the proposed subdivision as shown in Exhibit VITK. The applicant states the homes in the Summerlin West Subdivision will include 337 homes with a mix of different product types, two-story and single-story detached single-family homes. Buildings shall be designed with elevations that create interest through the use of broken planes, windows, and fenestrations that produce a rhythm of materials and patterns. Design review is not required for single-family detached structures. However, because the rear and/or sides of homes facing S. Locust Grove Road, S. Barchetta Avenue and the collector portion of Summerlin Drive will be highly visible, Staff recommends a DA provision requiring those elevations incorporate articulation through changes in two or more of the following: modulation (e.g.projections, recesses, step-backs,pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from adjacent public streets. Single- story homes are exempt from this requirement. Design review is required for single-family attached and townhomes. Design review will have to meet the requirements outlined in the City's Architectural Standards Manual. Comprehensive Plan policy 2.01.01 C encourages the applicants to maintain a range of residential land use designations that allow diverse lot sizes, housing types, and densities. To support this policy staff recommends the applicant provide additional housing options (i.e. townhomes, single family attached) in the development. 6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11- 3A-7. City of Meridian I Department Report III. Staff Analysis 7. Parkways (Comp Plan 3.07.01 C, UDC 11-3A-17): Per Comp Plan policy 3.07.01C appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.) is required. Per the UDC the minimum width of parkways planted with Class II trees shall be eight(8) feet. The width can be measured from the back of curb where there is no likely expansion of the street section within the right-of-way;the parkway width shall exclude the width of the sidewalk. Class 11 trees are the preferred parkway trees. The applicant is proposing a parkway along Summerlin Drive. E. Transportation Analysis 1. Access (Comp Plan 6.01.02B, UDC 11-3A-3, UDC 11-3H-4): Per UDC 11-3A-3,the intent of these standards is to improve safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets unless waived by City Council. Access to the property is proposed from Summerlin Drive via S. Locust Grove. Secondary access is proposed to be provided via a new north/south collector roadway (Barchetta Avenue) abutting the site's east property line. For Ada County Highway District not to limit the development to 1,000 trips per day or the final platting of 100 building lots until secondary access is provided, the applicant is proposing to construct an emergency access onto Locust Grove Road approximately 430 feet south of Summerlin Drive and in alignment with Ambervale Street. There is an approved stub street as part of the Hadler Subdivision located north of the site. There is an existingprivate road, Cavali Lane, separating this site and Hadler Subdivision that will be required to be closed at the intersection with Locust Grove when the parcels to the east being served by this roadway develop. To allow for the stub street that was approved as part of Hadler Subdivision to be extended in the future and allow for site circulation, the applicant was required to provide a stub street to the site's north property boundary line and in alignment with the stub street approved with Hadler Subdivision. Staff has concerns regarding access management and potential impacts due to the close proximity of the private road(E. Cavalli Lane) to the proposed public road(Summerlin Drive). Staff feels the applicant and the adjacent property owner should coordinate to develop a shared access solution.A shared access point could potentially reduce traffic congestion and simplify entry/exit points,particularly for larger developments and not leave fifty(50)feet of undeveloped land. See image below. City of Meridian I Department Report III. Staff Analysis I I I FUTURE RADLER SUBDIVISION E CA I I I E.GAVALLI LANE(PRIVATE) RESCUE RANCH IC BLOCK 12 1c ��+ SUBDIVISION E.SUMMERLIN DRIVE----- - IC ti I xromieouaP I 8 BLOCK w BLOCKS 4 2 m�E uvp aw u�iE 10 8C 7 6 i i 3 2 2 3 I MFMAX.RLXO6]E12 iC 6 3 07 �` INIPLATTED I I \ 4 RIR I 11 �_—__E.HILLSGATE STREET__—_� 7 12 i 8 3i `` 6 I 13 ( 2 3 4 5 6 7 8 10 8 S3 7 _ L� l BLOCK 2 _ G B K 7 [[i IC ac 11C 10 32 10 31C17 i6 ii 1AN30 .---- 12—E.PAelRYALE STREET—_—_—_ 13 28 i TOT LO7 �, ii rD The applicant needs to provide a stub street to parcel#R8315200030 to the south of the property. Per ACHD, other than access specifically approved with this application, direct access to Locust Grove is prohibited. 2. Multiuse Pathways (UDC 11-3A-5): Multiuse pathways shall be constructed in accord with the city's comprehensive plan, the Meridian Pathways Master Plan, the Ada County Highway District Master Street Map and Roadways to Bikeways Master Plan. Detached ten (10)foot wide sidewalks (multiuse pathway)shall be provided along S. Recreation Avenue and Locust Grove Road frontages. 3. Pathways (Comp Plan 4.04.01A, UDC 11-3A-8): All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. Comprehensive Plan policy 4.04.01A ensure that new development and subdivisions connect to the pathway system. The Master pathway plan requires a 10 foot multi-use pathway along the north side of the Rawson Canal and the west side of Barchetta Avenue. The plat map does not appear to show a sidewalk along Locust Grove Road and only a five(5)foot sidewalk along Barchetta Avenue. The applicant needs to revise the preliminary plat and landscape plans to show the detached ten (10)foot wide sidewalks. 4. Sidewalks (UDC 11-3A-17): All sidewalks constructed as part of this proposal are required to comply with the standards listed in UDC 11-3A-17. 5. Private Streets (UDC I1-3F-4): There are no private streets proposed for this development. City of Meridian I Department Report III. Staff Analysis 6. Subdivision Regulations (UDC 11-6): i. Common driveways Per UDC 11-6C-3D, common driveways shall serve a maximum of four(4) dwelling units. In no case shall more than three(3)dwelling units be located on one(1) side of the driveway. The applicant is proposing five (5) common driveways that meet the dimensional requirements as outlined in the UDC. ii. Block face UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 ft, although there is the allowance of an increase in block length to 1,000 feet if a pedestrian connection is provided. In no case shall a block face exceed one thousand two hundred(1,200)feet,unless waived by the City Council. It appears that several blocks exceed 750 feet, but the applicant has provided a pedestrian connection as allowed by UDC 11-6C-3. However, E. Crimson Clover Drive exceeds the maximum block length of 1,200 feet by 665 feet(1,865 feet). The applicant has requested a waiver from Council for exceeded block length. F. Services Analysis 1. Waterways (Comp Plan 4.05.OID, UDC 11-3A-6): Per UDC 11-3A-6, requires limiting the tiling and piping of natural waterways, including, but not limited to, ditches, canals, laterals, sloughs and drains where public safety is not a concern as well as improve,protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough and Jackson and Evan Drains) as an amenity in all residential, commercial and industrial designs. When piping and fencing is proposed, the standards outlined in UDC 11-3A-6B shall apply. Comprehensive Plan policy 4.05.OID requires improving and protecting creeks and other natural waterways throughout commercial, industrial, and residential areas. The Ada County Highway District(ACHD)stated a bridge is required to be constructed on Barchetta Avenue over the Rawson Canal as it runs east and west along the site's southern property line. The cost of the construction for the bridge will be shared by the properties to the east once they develop.ACHD is requiring the applicant to provide a road trust deposit prior to the district signing the first final plat for'/ of the widening of the bridge on Locust Grove over the Rawson Canal and a road trust deposit for the crossing on Barchetta Avenue over the Rawson Canal to allow for construction of the bridge in the future. The applicant will need to request a Council waiver to keep the Rawson Canal open. 2. Pressurized Irrigation(UDC 11-3A-15): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best City of Meridian I Department Report III. Staff Analysis management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. 4. Utilities (Comp Plan 3.03.03G, UDC 11-3A-21): Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. All utilities are available to the site. Water main,fire hydrant and water service require a twenty foot(20) wide easement that extends ten (10)feet past the end of main, hydrant, or water meter. No permanent structures, including trees are allowed inside the easement. Comprehensive Plan policy 3.03.03G require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities. City of Meridian I Department Report III. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division I. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat will not be accepted until the Annexation ordinance and development agreement are approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan,phasing plan,and conceptual building elevations for the single-family dwellings included in Section IV and the provisions contained herein. b. The rear and/or sides of 2-story structures that face S. Locust Grove, S. Barchetta Avenue and Summerlin Drive prior to S. Steeple Avenue shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. 2. Provide a mix of dwellia�,,type stieh as sin0e family a4aehed-ef tevwhemes within Bleek 2 (lots 2 12) >?leek 3 /1 is 2 20) and Week n (lots 2 20) f the ,l development c�irvpvvccr-crcv cw�srxrcn c-&a 3. The Preliminary Plat included in Section VII, dated 10/10/24,is approved with the following revisions: a. All utility easements reflected on the utility plan shall be included on the final plat. b. All pathways and micropathways shall be within a separate common lot or easement as required per UDC 11-3A-8. c. Revise the plat map to shift to reflect R2 or R-4 zoning for lots 31-71,Block I and provide a legal description. Submit to the City fifteen(15) days prior to the City Council meeting. dProvide a stub read from E. Suxrm erilin Drive to i3afee 3 1-55i 0. e. Revise preliminary plat map to show the right-of-way dedication along S. Locust Grove Road. 4. The Landscape Plan included in Section VII, dated 5/28/24, shall be submitted for review and approval with the following revisions prior to final plat approval: a. Show the ten(10) foot wide detached sidewalks along the east side frontage of Locust Grove Road and the west side frontage of Barchetta Avenue. b. Add pathway landscaping along the south side of the Rawson Canal. c. Add shrubs/ornamental grasses/perennials to the pathway within Lot 1 C,Block 1 and Lot 11 C,Block 11. City of Meridian I Department Report IV. City/Agency Comments &Conditions 5. Provide an amenity from the multi-modal group in order to meet the required standards per UDC 11-3G-4. 6. The applicant shall comply with the open space exhibit approved as part of this plat application that depicts 24.36%(or 15.39-acres) of qualified open space and exceeds the required amenity points. 7. Prior to signature on the final plat by the City Engineer,the applicant shall submit a public access easement for the multi-use pathway along S. Locust Grove to the Planning Division for approval by City Council and subsequent recordation or unless required by ACHD. 8. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 9. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 10. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-313-12C. 11. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways,easements,blocks, street buffers, and mailbox placement. 12. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 13. All common driveways shall meet the requirements of 11-6C-2-D including a perpetual ingress/egress easement being filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 14. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed gathering barn and pool area prior to submittal of a building permit application. The design of the site and structures shall comply with the standards listed in UDC 11-3A-19;the design standards listed in the Architectural Standards Manual. 15. A Design Review application shall be submitted and approved for the single-family attached and townhomes. The design of the structures shall comply with the standards listed in the Architectural Standards Manual. 16. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 17. The Applicant shall comply with all conditions of ACHD. 18. Staffs failure to cite all relevant UDC requirements does not relieve the applicant from compliance. B. Meridian Public Works See public record(copy the link into a separate browser) https:llweblink.meridiancit.og WWebLink/Browse.aspx?id=351919&dbid=0&redo=MeridianCit X City of Meridian I Department Report IV. City/Agency Comments &Conditions C. Meridian Park's Department See public record(copy the link into a separate browser) https://weblink.meridiancity.orz/WebLink/Browse.aspx?id=351919&dbid=0&repo=MeridianCit Y D. Irrigation Districts 1. Boise Project Board of Control See public record(copy the link into a separate browser) https://weblink.meridiancity.orzlWebLink/Browse.aspx?id=351919&dbid=0&repo=Meridia nCi E. Idaho Department of Environmental Quality(DEQ) See public record(copy the link into a separate browser) hggs://weblink.meridianciV.org/WebLink/Browse.aspx?id=351919&dbid=0&repo=Meridian Cit Y F. Kuna School District See public record(copy the link into a separate browser) https://weblink.meridiancioy.org/WebLink/Browse.aspx?id=351919&dbid=0&repo=MeridianCit Y G. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https://weblink.meridianciU.org/WebLink/Browse.aspx?id=351919&dbid=0&repo=MeridianCit Y H. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https://weblink.meridiancioy.org/WebLink/Browse.aspx?id=351919&dbid=0&repo=MeridianCit Y I. Ada County Development Services See public record(copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=351919&dbid=0&repo=MeridianCit Y V. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds annexation of the subject site with an R-8 and R-15 zoning designation is consistent with the Comprehensive Plan Medium Density Residential and Low Density Residential FL UM designation for this property, if the Applicant complies with the provisions in Section IV. City of Meridian I Department Report V. Findings 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the lot sizes and layout proposed will be consistent with the purpose statement of the residential districts in that housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the map amendment will not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The school district states they cannot serve the proposed development because the proposed plats in this zone are beyond district capacity. This proposed development will impact Silver Trail Elementary, Fremont Middle School, Kuna High School and Swan Falls High School zones which are already at or over capacity with the current enrollment. Unlike West Ada School District, the Kuna School District does not have a lot of options when it comes to busing students to different schools or redrawing the school boundaries. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section IV. B. Preliminary Plat(UDC-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section IV. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Sewer is approximately 900 feet from the property line and the property owner must provide sewer to and through parcel R8315200020. The water mainline is approximately 890 feet away from the property. The development of the Hadler Subdivision will bring the water main line within 70 feet of the property. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Commission finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's Capital Improvement Program. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development. City of Meridian I Department Report V. Findings 5. The development will not be detrimental to the public health, safety or general welfare; and Commission finds the proposed development is not detrimental to the public health, safety, and general welfare. 6. The development preserves significant natural, scenic or historic features. Commission finds the development is preserving the Rawsom Canal by keeping it open as a natural feature. VI. ACTION A. Staff: Staff recommends approval of the requested annexation and preliminary plat per the conditions of approval included in Section IV in accord accordance with Findings in Section V. B. Commission: The Meridian Planning&Zoning Commission heard these items on November 19,2024. At the public hearing,the Commission moved to recommend approval of the subject annexation and preliminM plat requests. 1. Summary of Commission public hearin. a. In favor: Hethe Clark representingt he applicant, b. In opposition: None c. Commenting. Tony and Jeanie Mayer,Anna B Canning,David Crawford,Jason ReddX representing Kuna School District d. Written testimony: Tony and Jeanie Mayer,Anna B Canning,Laren Bailey,Robert Bruno e. Staff presenting application: Linda Ritter f Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. Cavalli Lane,Kuna School District student capacity,were the neighborhood meeting requirements met 3. Key issue(s)of discussion by Commission: a. Cavalli Lane,Kuna School District student capacity,were the neighborhood meeting requirements met 4. Commission change(s)to Staff recommendation: a. Deleted conditions 2 and 3d 5. Outstandingissue(s)for City Council: a. None C. City Council: Pending City of Meridian I Department Report VI. Action ' 1 1 •. Locationct. .. Fall LAKE HAZEL _ Analysis 1-;�- • Legend MEN • � �r �%i1i11•i=�1 Project • • • �nnull�nl•' 1 111111g11-nm Area mpac Analysis RUT C-C L-AKE HAZEL , a o rr � 12u1 nll 1��•���J , COL-UMBRA ■ ;_� `� � � II�1 1■ ■ --- II„IIIIIrr ■ Ilnl�N�;••rpnri 111111� �e �^rd'iih�tihh'�I �■■ �- h 3. Future Land Use Legend i� Project Location Area of Impact q,, ® � } O Analysis r Med-High Density'':: 1 Civic, Residential Me�ium gpw Density Residential � r r . r r r B r e r Low Density ` o Residential ' D I I 4. Planned Development Map Legend ._ '_ ME ®® Project Location �® Area of Impact ®®99 C ®® T City Limits __ _ _ 1 HUI E — Planned Parcels ; t,LL oAnalysis r 1 1 Jf I 1 1 1 1 —I� e D � City of Meridian Department Report VII. Exhibits 5. Map Notes Nearby Recent Preliminary Plats (within last 5-years) H-2021-0020 H-2021-0062 H-2022-0036 Nearby Recent Conditional Use Permits(within last 5-years) H-2019-0123 H-2020-0009 H-2020-0057 H-2020-0127 H-2021-0087 H-2021-0086 H-2018-0043 H-2017-0129 H-2020-0056 H-2022-0036 H-2022-0064 H-2023-0047 H-2023-0050 H-2024-0014 B. Subject Site Photos AMW Air. t o,e 7-717 "- City of Meridian Department Report VII. Exhibits C. Service Accessibility Report PARCEL RS147110200 SERVICE ACCESSIBILITY Overall Scare: 8 2nd Percentile Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains 500-2.000 ft. from parcel YELLObV Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Not enough data to report average response time RED Pathways Within 1/4 mile of current pathways GREEN Transit Not within 1/4 of current or future transit route L RED Ultimate configuration (#of lanes in master streets Arterial Road Buildout Status plan) > existing (# of lanes) & road IS NOT in 5 yr work ED plan School Walking Proximity Not within 1 mile walking a ED School Drivability Not within 2 miles driving of existing or future school F,ED Either a Regional Park within 1 mile OR a Community ParkWalkability Parkwithin 1/2 mile OR a Neighborhood Parkwithin GREEN 1/4 mile walking City of Meridian I Department Report VII. Exhibits D. Annexation Legal Description& Exhibit Map A Description for Annexation Summed in Subdivision June 12,2024 All of Lots 2 and 3, Block 1, Laredo Estates Subdivision as filed in Book 59 of Plats at Pages 5500 and 5501, records of Ad a County, Idaho and unplatted portions of the Southwest 114 of Section 5,Township 7 North, Range 1 East, Boise-Meridian,Ada County, Idaho more particularly described as follows- Commencing at the Section corner common to Sections 5,B, 7 and 8,T.2N., R.1 E„ B.M.,from which the 114 corner common to said Sections 5 and 6 bears,North 00 04'42'West, 2655.92 feet;thence on the west boundary line of said Section 5, North OQ°04'42"West, 973.33 feet to the POINT OF Bt=GINN[N , thence continuing, North OO°O4'42"West 1,138.85 feet to the westerly prolongation of the southerly boundary line of Rescue Ranch Subdivision as filed in Book 106 of Plats at Pages 14734 through 14736, records of Ada County, Idaho; thence leWrrg sold west boundary line on said southerly boundary line and the westerly prolongation thereof the following seven(7)courses and distanaes- South 89°52'36"East,696.77 feet; South 68°53'16"East, 332.83 feet, South 31°38'd0"East, 154.12 feet; South 64034'41"East, 290.51 feat; South 48'18'53"East, 155.34 feet; North 00'04'42"west, 536.82 feet; South 89`52'36"East, 1,192.35 feet to the Southeast corner of said fescue Ranctti Subdivision; thence on the north-south centerline of said Section 5, South OO°OO'59"West, 1.081.82 feet to the Northeast corner of Tamarack Ridge Subdivision.as filed in Book 59 of Plats at Pages 5672 and 5673, records of Ada County, Idaho; thence leaving said north-south centerline on the northerly boundary line of said Tamarack Ridge Subdivision the following seven(7)courses and �� t4+Vp - distances: North 61 W'52'1Wast, 361.44 feet; � � �� 4WD South 82W31"West, 182.68 feet; ox North BV56'01"West, 362.91 feet; �y cpj: p� Me Page 1 of 2 City of Meridian I Department Report VII. Exhibits 314.02 feet on the we of a curve to the left having a radius of�67.40 feet, a central angle of 67'1703", and a long chord which bears South 7962527" West, 296.28 feet; South 45°4656"West, $29.67 feet; South 57°2+4'55"West, W,12 feet; South 67°2T'28"West, 176.39 feet to the Northwest corner of said Tamarack Midge Subdivision,coincident with the Northeast comer of Lot 4, dock I of said Laredo Estates Subdivision; thence learning the northerly boundary of said Tamarack midge Subdivision on the northerly boundary line of said Lot 4 and the westerly prolongation thereof the following three(3)courses and distances: North 87°28'39"West, 78.ODfee; N orth 59°2339"West,474.00 feet; North 51"21'39"West, 214.44 feet to the POINT OF BEGINNING, Containing E33.9135 acres, more or less. End of Description. L A A+4 � \1kCJEHSC/ 1177 O p F k * * 1oicCN�A Page 2 of 2 City of Meridian Departirient Report VII. Exhibits ss � AD Amu - Z �f Anck Aa § S&9'S2'% r �SB9'52'313'E @ — ��% . ���£ ■ & # @ k . A ./ ¥ § § ` §. a % J ±61 Acre./§ w m / ® POW Of A Begonning k $ i) . Ridge Ar �2 a¥ 3C LB 10 j 2 I Line a We �\ \ | kTV& * ,, . ■¥� \ u SJI'36'40"E11 S.b & _ L2 »e "% 155 _- -- - . iA 5.7 5.8 Columbia R to 2 ,9 ,�2A L a 55w , ,2 5 21:7'28'w 17■,3, y 0 5 R «w MOD, rL 7 I§ 7 �L�7 7"% 2 4 � 0 1 Curve Tuble me a_ L"m Radius 0L.1t. Chord Berg CMM Lg a 2z A 6,fD S 2 , 2a Scale; 01002& kD 60 UhU! Df-u.i for _ IDAHO Annexatlon 22-_ SURVEY mmm ' bdfl - No, GROUP, L C AN &Lt. 2 — 3, Nk & L � Et— l am _gym �. k. _ a_ as _ 5. T- ee B W. _ �* m_ _ City of Mell*pI Department Report Vttxƒi! E. Preliminary Plat(date: 10/10/2024) all o �lill�li�11l1!!,llal�ll����19p9 ;���lpil� �lil i iEJill 1111'i R --------------------- 3 IF II r�. aM F f � 6.f. e 1I;i'i jlli jl�ll ipg5'I€i��s� i I pi�l^;"'�� 11�I iI H lil 9 i;1 lio Hal Ill, li it i'pISI �i �iy�l Hilin Ill l•11., ji II liial° ���I ��� C C '�il s .! 1 Ili lilii� i�11a9 .� of Ifiii ii i 4 a .I SUMM[RLIMSUBMISIDN � _ u•p� �c�w�uc 01 caeis�run rm� City of Meridian I Department Report VII. Exhibits F. Landscape Plan(date: 6/10/2024) 1 -- 9 - - - AM I - , ,7• -I a i - I I! i f� S U M M E R L I N SUBDIVISION �I o MAY]8,]011 JE�:':E'.EELTB 1. MERIDIAN, ID PRELIMINARY PLAT LANDSCAPE PLAN -E ® r ' cam: . S U M M E R L I N SUBDIVISION I'a MER„DIAN, ID PRELIMINARY PLAT LANDSCAPE PLAN ...,.., .n..,,.... ,-.:....:_ City of Meridian I Department Report VII. Exhibits �alllllllllllllllll��Oq 1111111111 � � a �111llllllllllld � � d III ON � Q Bill se 0� o� ao a� s0 as w � 0 � � aao � 1 11;j� � �11111�111 wr- � '. wwwwww�w�w� wa_wwl wwl H. Block Length `i -------._._._._._f WC--- a --------------- — — — — — — — — — —►�R— -------i I I 1 f Ig 1 .1 19 ---- 1 i � lam_ f ` " . e= .1 ! f l I � l I f I I F a a wucNTr.�ven. 1 y�E ror�e on�ww eum�ra� m 3umKRUM S{lYW mom aK na ""io anxrcw�.uc 15! 1� e�an un�mw�ar �1•:�-:e::s::sa:::, City of Meridian I Department Report VII. Exhibits I. Common Driveways _ F�RTri IL 8111iIImII N KHWJW a -•S- M1 l\\ M rw r - c, I I 1 � 1 I � � 9111.CYING I 17' T I _#-':: ORIENTATION I ' 1Y t7 ' 13 p3 O 3' ' ` LOC6K 5 L--------- ---J r 4 I I I ,F 29'- SULDING 117 L_ _J L— �•l:ta: ORIENTATION 1 L—___--___ ___J CRIVEWAY{TYP_ BIILdNG 1 77 ONENTAMN . 4. ----------- ----+ 1 BUILDING it ORIENTATION lg A�i fY? ;�2VY- 10 I 7Y �aT BUILDING ORIENTADDN '„ 10111124,�4 $i BACKUNE(TYP.] t �fIN P• ` +0 sa u 40 SCALE:1:40 SUhAMERIN SUBDIVISION D' ZY11.INNOVATONS ne�o ora�a �■ rm r�iu »uwr� � F�R�4N.OA16 sax wra rw sz i�im¢onns ■uaA�r�rn suu us[rr 4 GC,1�N YM DFfVEWAY EXHIBIT osc so-o- vi m c 9Q1YG !I OfY City of Meridian I Department Report VII. Exhibits FIRTH IL SUYIiIIIIIIIILIN UI - _ -- - - - - --E-SUMMERLIN DRIVE I I I I I BULLING OENTATION RI I I 2 Z S I ;, � 1 34 L----- ------------J BLOCK 1 I } I I } # I i } # ram---- - _� 8G I 7 INI j '7 m I I a I M + 1 I I I -4 1 1 4 I 1 1 I I I sunDwr-, 1 I I I I I I ORIENTATION i i -j L J L _ J r• r r _ 12' 1 Y7 -}- BUILDING ,J T•{ RIVEWAY 1 ORIENTATION � �-} 1 6NILL91alRTfiSTREFf I BUILDING I ORIENTATOR *~"L, r----a _ ------- .I r 1 ORIENTATION _ V �,t TR 5 L----- ---- ------� 7`RL�+1 SETBACK LINE FW.) 11 IO A U 40 fIN P UMMERIM SUBDIVISION COQCIVIL INNDVATIDNS rRBFl39 CJXAL{ L........... XG XC.X XG B IERVAN.LAWO . ° rwu m ar R DRNEYMY ElHI91T �� ocozo_ is m s¢r�n oun City of Meridian Department Report VII. Exhibits I e FAkTH 4 * - ! I { v xT i� Q I '+ SETRACK LINE[TIP.] R, t + I " I BUILDING I 17 + f:,*f' dRENTATION � y L:_____,___ ___,_J r..r-. - .- "" . *i • °b r----------- ----1 i F.CRIMSON CLOVER DRIVE I 12 - - - - IIuIDING CWENTATION j 6RIVEWAY{TYP" &C rq 9ulDIN6 ORIENTATION a I I I L-,___::___- I I I I I T 7 I I 71 I I 72 I � ~� 9LII.QINC � I i � I -tr F_=- OREFIfATION I } I S I - ~ a I I 7~ a I t_______________aa__a_ _ -� I I I I 1 I I I j I 17 t I I } I k I 73+G I a I I j IRRIGATION POND � - -•fir;�-{" '• I �111!62 "y 50 'Y 3 di IA 21 4 6 40 Jr s SGW F:IAO SUMMERIN SUBDIVISION CIVI L IN N OVATI D N S Q ra rese on,u C Lerl xeee x¢ r�IL: »ou a�wa.y xWRIAMADAHO 'e DRP&YMY EMENr t,c�suo- rl vcilio ��orn City of Meridian Department Report VII. Exhibits c64 lioeix; r-- --� r--- ---, r——————————— ———i v 12 3' 1 i i3 1 ` r BUILDING _ Y7- :_ ORIENTATION &L a 4 r___________ _ ___i a aw I m i cc o i i8 1 1s 1 I I I BUILOHG I x ORIENTATION I ' F -,Y r— — .-- 17 ' V ORNEWAY(T1lP. .s+ BUILDING 117 t._ -?".:':i ORIENTATION IF6 CLODUCROFT 3TRkIT L__________ ie -1 ~F BUILDING r 92 ORIENTATION + W W ' 19 I q ISRr BUILDING r 17 ORIENTATION M I • 5ETIJACK LINE(iYP. 7 � I I - _ )01)1124 0 0f Z 40 xo a au SUMMERIN SUBDIVISION IICIVIL INNOVATIONS y raoresa onA�e �ewc neew wo ay 1� s,c1•rtwa.q e C GR1YhN �Gx CFUVEWAr 00,191T iroo6G� Fr City of Meridian Department Report VII. Exhibits :`4--------------- I 1 I I 12' 1 BUILDING Fi ; -Y �� 3 133M ORIENYAYKIM F I L --—------ BLOCK, # 9 # ; ; 1 9 # Ile 12 Y R ;;:21Y d I 1 1 G I BUILDING -t I 1 1 I M ORIENTATION 1 12 I r' i _i 20',• rt� __ BURUING - ; $ ORIENTATION + L_ — _ RIVEY4AY(TYP.J ECLOUDCROFirSTRIif IT 1 7 - 2R• BUILDING 1 „ ORIENTATION R 1 — .-•r : r- ------------- rF BUILDING _ 1 r, ORIENTATION Y SETBACK LINE(TYP.) I .i II Y 1 $ 1 DI SAZ e 1 R62 I ao 20 (1 41) S ME:I M a CIVIL INNOVATIDNS T� 1 � 'T ■R ZS DYaL{ L EM.HCIR XG pY,la; ]�011 Cii18q FAREMX 13AMtl� -.- F�CK jii ri Nii MSi�mY e — 4 uerana nw CANEWAVE)HIINT �� acc sum o1 ME mama City of Meridian I Department Report VII. Exhibits J. Phasing Plan _._._._----______— .g R_e____•--____ Li � M ......................................... JI _------__ ;�R y�g ..r.w on�ur.� euntiFmn -0 Ge @$UMMERLIM$UiGIYI$IpM J VA � aw. nm oxoawxrrx�v.n: 4' OV9IAL mug%V1 -L"--~--"�`�'•�'�• __� nar-ice.+ x..r.R.rw� a a E _.— City of Meridian I Department Report VII. Exhibits K. Building Elevations (date: 6/17/2024) Elevations Si LP "Wd 11A , City of Meridian Department Report VII. Exhibits L. Open Space Amenities A. Large Central Park(Block 6, Lot 1)-This five` acre park will UUnLain the followirp,facilities= Pool Facil itV Two Pickleball Courts + Fenced Dog Park + Dog Waste Facility Playground Climbing Rock i Seating Benches Attractive Landscaping i Two large lawn areas r. Pedestrian Pathway Aw City of Meridian Department Report VII. Exhibits B. Dog Parks(Block 2, Lot8)and jBlock 7, Lot 17) + Fenced Dog Park • Waste Station * Seating Areas • Attractive landscaping C. Pathways-The Surnrnerlin Neighbor hood will include the lul low inF, pedu Lr iari pathways: 1O'Wide Regional Pathway-1,682 LF -- R- D. Othoer open green areas- several other open spaces will have the fallowing amenities: r Shade structures Large open grass areas * Internal Pathways + Picnic Area + Attractive Landscaping City of Meridian I Department Report VII. Exhibits VIII. ADDITIONAL NOTES & DETAILS FOR STAFF REPORT MAPS,TABLES,AND CHARTS (link to Community Metrics) A. One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based data excludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0(i.e. excludes most HOA area,transitional development, government, and quasi government facilities). The following values also constrain included property acreage to reduce outliers and non-conforming instances from distorting averages: R-2<5.0; R-4<2.0; R-8< 1.0; R-15 <0.5; R-40<0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones,may be constructed. Decennial population counts and household counts are based on the most recent Decennial Census. Current population and current household values are COMPASS estimates,usually for the year previous, and are based on traffic analysis zone boundaries(TAZ's). B. Mixed Use Analysis Notes This data is derived from enterprise application and GIS databases, and exported dynamically. Data considered for analysis are only those areas overlapping the overall Mixed Use boundary area. Mixed Use areas across arterial roadways are distinct, separate, and not considered as they do not meet the mixed use principles in the Comprehensive Plan(e.g.pedestrian safety, transportation efficiency, etc.). Mixed Use parcel areas may be greater or smaller than the future land use area designation boundary due parcel size,configuration,right-of-way, and other factors. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. C. Service Assessment Notes This data represents existing conditions derived from our enterprise application and GIS database, exported through dynamic reporting. The system references the most recent available data from various sources, including sewer main lines, sewer trunksheds, floodplain, fire service areas and response times,police crime reporting,pathway information,existing and planned transit, roadway improvements, school and park proximity, and other resources. The tool provides context for project review,using multiple indicators consistently. Data from similar topics may vary based on different levels of review. The overall score is based on weighted criteria(not a ranked order), and the percentile score compares the parcel to others in the city(higher is better). This tool was developed as a City Council priority and outcome of the 2019 Comprehensive Plan. Scores,whether high or low, are just one data point and should not be the sole basis for decisions. City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts D. ACHD Roadway Infographic Notes The Ada County Highway District utilizes a number of planning and analysis tools to understand existing and future roadway conditions. • Existing Level of service(LOS).LOS indicator is a common metric to consider a driver's experience with a letter ranking from A to F.Letter A represents free flow conditions, and on the other end Level F represents forced flow with stop and go conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow,to be acceptable. The LOS does not represent conditions for bikes or pedestrians, nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. • Integrated Five Year Work Plan (IFYWP).The IFYWP marker(yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. • Capital Improvement Plan(CIP).The CIP marker(yes/no)indicates whether the specified roadway is programmed for improvement in the next 20-years. City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts C i E IDIAN.;--- Agenda Item Applicant Presentation Vicinity and Annexation Map Rawson Canal Comprehensive Plan Rezoning Rezoning Correct DensitiesStaff Report Confirms Actual: 2.95•Up to 3 Units Per Acre•Required LDR Density:•Actual: 6.12•3 to 8 Units Per Acre•Required MDR Density:• Site Plan Open Space 6 additional acres code by Exceeds24% = 15.4 Ac.Summerlin West Provides:City Code Requires: Pedestrian Connectivity Regional Pathways Over One Mile of Regional Pathways Amenities(Only 13 Required)38.5 Amenity Points Regional and Internal Pathways•Two Fenced Dog Parks •Two Pickleball Courts•Climbing Dome•Two Soccer Fields•Fenced Play Structures•Community Pool • Elevations – Elevations Two Story– Elevations 8)-Additional Single Story (R– Housing Mix Map Single and Two Story–70’ x 100’ Lots -60’Single W/ Bonus–41’ x 100’ Lots Single Story–38’ x 100’ Lots 2 Story –32’ x 100’ Lots Housing Type Modifications to P&Z Recommendation despite density requirements being satisfied2 in LDR areas -4 or R-8 with R-Requires replacement of R•Request Deletion of Condition 3.c •P&Z Recommended Approval• R Correct DensitiesStaff Report Confirms Actual: 2.95•Up to 3 Units Per Acre•Required LDR Density:•Actual: 6.12•3 to 8 Units Per Acre•Required MDR Density:•4-8 vs R- R 4-with R8 lots consistent -RWide60 feet4 Minimum Lot Width: -R 4-8 vs R- Transition - Transition Columbia Road Buffer to the South- Kuna School District Kuna School District.”Idaho Code, chapter 82, title 67development must comply with the provisions ofFees established for purposes of mitigating the financial impacts of “6513-Idaho Code 67 Kuna School District Enrollment as of October 2024 First Graders than High School Seniors18% fewer There are 491 th 12520 th 10402 th 8431 th 5405 st 1Current Enrollment capacity in future yearsmeans increased elementary schools Fewer students in Idaho State Board of EducationSource: KSD Project Enrollment vs Actual Enrollment https://www.kunaschools.org/50872_2TischlerBiseKuna School District Study by Source: Other Options Besides Assigned Schools 2026 is five miles away12) opens in -Valor Academy (K•mile from Summerlin West12) less than one -Gem Prep (K•CapacityTwo Public Charter Schools with School District schoolsSummerlin West than Kuna WASD schools are closer to Ada School DistrictOpen Enrollment into West Summary Complies with Comprehensive Plan •Generous Open Space & Pathways •eighborhoodNHighly Amenitized •Mix of Housing Types• Modifications to P&Z Recommendation 2 in LDR area-4 or R-8 with R-RRequires replacement of •Delete Condition 3.c • Block Length Parking Stub to South Lack of public benefit•Two bridges to be •Removed from final:•Included in draft report•ACHD Position:Across Rawson Canal Housing Types diversity of housing in the Cityprovides for a itselfmarket, this product Given our lot size, price point, and target Comprehensive Plan Policy 2.01.01G.”throughout the City“… provide for diverse housing types Housing Types Specific BlocksTypes but Staff Report not only Dictates Housing Designationsin Residential FLUM Within Each ProjectNo Requirement for a Mix of Housing Cavalli Lane Hadler Subdivision Cavalli Lane S Collectors Immediately Adjacent-NandW -Future E•Two Stubs from Hadler Subdivision (North)•Additional Access:•Dictates our Stub Locations (Three to this Property)•Does Not Cut Off Access Prior to Development•ACHD Report:•Met with Property Owner• Transportation Network Project Timeline Approximately 40 New Homes Per Year Emergency Response Times One Story Abutting Two Stories KSD Project Enrollment Sub. Verado201012WASD703342Kuna804053337 Lots5-KMiddleHighSub.Verado.12442WASD.43145Kuna.513173337 LotsSPHTotal Fewer school age childrenSmaller homes + Older buyer demographic =Buyer Demographics Students Per SchoolStudents Per Home https://www.kunaschools.org/50872_2TischlerBiseKSD Student Generation Rate by Source: Summerlin Students prediction based on past projectsDevCoSource: single family per0.124 Realistic Student Generation Rate School Capacities Kuna School DistrictSource: WestSD is close to Summerlin West Ada SD and the Kuna The boundary line between Letter from the https://www.kunaschools.org/50872_2websiteSource: Kuna School District Kuna School District Increased Funding Voters approved KSD Supplemental 2024 by 6ptsVoters rejected KSD Levy (50%)in May March 2023 by 9ptsVoters rejected KSD bond (66.67%) in from the state (HB 521)r facilities foreceive $22.5M Kuna School District will