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Home My WebLink About2025-01-28 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 28, 2025 at 4:30 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 ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the January 14, 2025 City Council Work Session 2. Approve Minutes of the January 14, 2025 City Council Regular Meeting 3. Final Order for Gander Creek South No. 4 (FP-2024-0021), by Bailey Engineering, generally located south of W. McMillan Rd. on the S. side of the Five Mile Creek, west of N. McDermott Rd. 4. Findings of Fact, Conclusions of Law for Apex Zenith (H-2024-0052) by Brighton Corporation, generally located at the southeast corner of S. Meridian Rd. and E. Lake Hazel Rd. 5. Development Agreement (Black Cat East H-2024-0047) Between City of Meridian, Meridian BC Holdings LP, St Lukes Health System Ltd, Meridian BC 2 LP, and Meridian BC 1 LP for Property Located at 935 S. Black Cat Rd. 6. Development Agreement (Pivot Pointe Subdivision H-2024-0029) Between City of Meridian and KB Home Idaho LLC for Property Generally Located South of W. Pine Ave. and East of N. Black Cat Rd. 7. Release of Liability and Indemnification Agreement between the City of Meridian Police Department and the Sundance Company and Sundance Investments L.L.L.P. for the temporary use of The Diamond Point Building for the purpose of K-9 and Police Academy Training 8. City of Meridian Financial Report - December 2024 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 9. Proposed Updates to Title 2, Meridian City Code, regarding City Commissions 10. City Revenue Sources Discussion ADJOURNMENT 5:45 PM E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 14, 2025 City Council Work Session Meridian City Council Work Session January 14,2025 Page 23 of 23 Simison: All right. Well, thank you very much. We -- we definitely appreciate it and look forward to next thing and if we can get a little bit more curve in the hats, so -- it reminds me I -- I would love to bring that back, but I think that's just -- 20 years ago, but that being said -- Bias: We were just talking about -- we need to get you guys all hats, so you can be part of it. I would also like to give you guys an invite and maybe we can talk about it further, but when we host state and -- and these regional tournaments we would love to have you guys come out and be part of our opening ceremonies and -- and recognize you guys for everything you do for us. Yeah. Help us with those flyovers. Laing: Yeah. We have got a member of our board who works out at Gowen and we get some cool flyovers. Simison: Thank you. Council, we are at the end of our agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn the workshop. Simison: Have a motion to adjourn. Do I have a second? Little Roberts: Second. Simison: I have a motion and a second to adjourn the workshop. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 28 2025 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 14, 2025 City Council Regular Meeting Meridian City Council January 14,2025 Page 79 of 81 Cavener: I want to commend Council tonight. These were some meaty issues and we could have punted on -- on this last one and I just -- I want to credit the body with sticking with it and working through it and making the right decision. So, with that, Mr. Mayor, move that we adjourn tonight's meeting. Little Roberts: Second. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:46 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 28 2025 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Gander Creek South No. 4 (FP-2024-0021), by Bailey Engineering, generally located south of W. McMillan Rd. on the S. side of the Five Mile Creek, west of N. McDermott Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 01/14/2025 ORDER APPROVAL DATE: 01/28/2025 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 26 BUILDING ) CASE NO. H-2024-0021 LOTS AND 3 COMMON LOTS ON ) 4.58 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR GANDER ) APPROVAL OF FINAL PLAT CREEK SOUTH NO. 4. ) BY: KENT BROWN ) APPLICANT ) This matter coming before the City Council on January 14th, 2025 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING GANDER CREEK SOUTH NOA SUBDIVISION, LOCATED IN THE NE 1/4 OF SECTION 31, TOWNSHIP 4N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 2024,by CODY MCCAMMON, PLS, SHEET I OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 1 of 11 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated January 141h, 2025, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 2 of 11 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 28th day of January , 2025. By: Robert E. Simison 1-28-2025 Mayor, City of Meridian Attest: Chris Johnson 1-28-2025 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 1-28-2025 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 3 of 11 Exhibit A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 1/14/2025 Legend - DATE: Project Location TO: Mayor& City Council Area of Impact y= City Limits FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 C� - a - SUBJECT: Gander Creek South No. 4 t Y FP-2024-0021 s - LOCATION: Generally located south of W. McMillan ; Road on the south side of the Five Mile _ Creek,west of N. McDermott Road, I the - NE 1/4 of Section 31,TAN.,R.1W. I. PROJECT DESCRIPTION Final Plat consisting of 26 residential building lots and three(3)common lots on approximately 4.58 acres of land in the R-8 zoning district by Bailey Engineering. II. APPLICANT INFORMATION A. Applicant Kent Brown,Kent Brown Planning Services—3161 E. Springwood Drive,Meridian, ID 83642 B. Owner: John Laude—9839 W. Cable Car Street, Boise, ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0013)in accord with the requirements listed in UDC 11-6B-3C.2. This Final Plat is part of Phase Nine(9) of the Gander Creek Development. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 4 of 11 In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Since there is no change to the number of buildable lots and the amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 12/22/19) L L'D.MU Y 1UT TJL �l r r LV Hr -], _i i-1'- _-it_L.. -1.• '-L1i - --mac--��_ -�'ti_i�,A . I .r P"r rr. .:..:•� eP.•a 'll^�„�.�.a•.• 71. I w L- H,�i. r r...c E � id - _ b - • e � Lei.-. C, R'- L ti r-.e' LNEr ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 5 of 11 B. Final Plat(dated: 08/30/24) 1%Iwri.r M re m PLAT 9HOWMG ------- ��^•� � u r,i4r�r.rr r�.r:�r:r1 rrr ►�r1 _ _ _ �t'fllJli rt'rra� 4(1 f �,Y-0.rwawP.+..,e ••n�a w. 1u3cATo M we E s e f,F 1NE mmiHrl 114 a wrrm 3z x.Wr tip ma . ,oMOF w0ldm+,On�},tt,IQ.V,U aX .n uIr --` �•_• R rle6`Stl',Y. Noll!�nrc,Ir.ry a �...r. .. --"FSN-—_. pr`•'i' irn ___ __ _ ___ • �.'Ik„Sl'h.�ia.^arw � -1 � � __-.�_. j � __ r.mr,.:;�:.=-vw.�..p�.r-"a••.i ` a'�� - - - --- � n�.,u•�wavi i•��iwa�.��a��s ..a o r r gg It Pq --��- .-• �-- ' � m rrr m.e[,r,h.�aaW iww� 'b4�--�ti _ v �n • tiv 9H¢T'.+C-S la,Itit.+r.,,q r,a-uK a,rrt vm rrr wr Wrxxr rvlA* iky EnSIneering,Inc, r..t axnrao- 7�1 11 e5]7 11• ro.Irr+sx.nvvls,� Cm EIIrlrsml Amp m I CMG ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 6 of 11 C. Landscape Plan(dated: 7/12/2024) _ In aT HEDULE N6T=8 Z + F Q J O 2 a z W •a�ars� � TIF C „ Q W J � � tj m I(iY MIl � J W r IL w o u 0 J W J Q Z IM .E'a5CT F Ll ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 7 of 11 1 i. ' L�NT HCpK ------ F--- --_ MN 3 mar- ;=67. Mar 41 grr ;�-, N071MLa a • � IL w r aa4 �. -- _ a ; W _-- = a 8 �rrw F W a " 0 d i .[ns[ra�n 4 F ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 8 of 11 PLANT ..SC MIX .. r a �. `� nm OP2 OI TREE PLANTII#IS-l" w. �iwky y ..�. �= w z Ali I a7 w } LANp$G.4PE CALCULATIONS a rc U J 1w1� 'm'— QQ ne��o.,�n�+r br�nr�sc.�euFFac Z O4 IP�H F�PIL'E 'ma wm.rr.r.+�� EH$g�l� VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2019-0013, H-20210057, Development Agreement Inst. #2019- 060657, FP-2020-0019, FP-2019-0108, FP-2022-0026. 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the City Engineer's signature on the third phase final plat on October 15t1i,2024 as set forth in UDC 11-6B-7 in order for the preliminary plat to remain valid; or, a time extension may be requested. Gander Creek North and Gander Creek South preliminary plats are allowed to develop as one project in accord with the phasing plan for the overall development,per the DA. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 9 of 11 4. The final plat shown in Section V.B prepared by Bailey Engineering Inc., stamped on 08/20/2024 by Cody M. McCammon, shall be revised as follows: a. Note#7: Include the recorded instrument number for the ACHD license agreement. b. W. Redwood Creek Drive shall have an arrow showing the location on the plat. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 08/05/24, is approved as shown in Exhibit C. a. A detail shall be included that depicts the centerline(or estimated centerline)of the future SH-16 in relation to the top of the berm/wall verifying it's a minimum of 12-feet higher than the elevation at the centerline of the state highway as required by UDC 11-3H-4D.2. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. b. The 6-foot tall closed vision fence along the east boundary of the subdivision adjacent to N. McDermott Rd./future SH-16 shall be removed and either a use easement recorded across the back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision,4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. 6. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 7. All fencing shall comply with the standards of UDC 11-3A-7C. 8. The rear and/or sides of structures that face future SH-16 (Lots 29-40, Block 2), shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 9. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 10. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement(inst. #2019-060657). 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 or Matthew.W.Peterson&usps.gov for more information. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 10 of 11 12. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Gander Creek South No.4—FP-2024-0021) Page 11 of 11 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Apex Zenith (H-2024-0052) by Brighton Corporation, generally located at the southeast corner of S. Meridian Rd. and E. Lake Hazel Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for the requests to rezone 71.7-acres from R-4 to C-G,annex 77.71- acres with C-G and R-15 zoning districts, and a development agreement modification to develop the subject property with a mixed-use development consisting of approximately 446,000 sq.ft. of commercial, 100,000 sq. ft. of office/employment and residential(8 to 15 d.u./acre)uses. ,by Brighton Corporation. Case No(s).H-2024-0052 For the City Council Hearing Date of: January 14th,2025 (Findings on January 28th, 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 14"', 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 14th, 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 14th, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 28th,2025, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 14ti',2025,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Rezone,Annexation, and a Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 14',2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 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. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, 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. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(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. G. Attached: Staff Report for the hearing date of January 14',2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -2- 28th January By action of the City Council at its regular meeting held on the day of 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 1-25-2025 Attest: Chris Johnson 1-25-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 1-25-2025 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -3- Exhibit A COMMUNITY DEVELOPMENT �E DEPARTMENT REPORT REPORT = HEARING 1/14/2025 ~' �I Legend DATE: Project Location TO: Mayor&City Council Area of Impact i= City Limits FROM: Bill Parsons, Current Planning O Analysis _ Supervisor 208-884-5533 ' � F bparsons@meridiancity.org -� APPLICANT: Amanda McNutt, Brighton Corporation SUBJECT: H-2024-0052 Apex Zenith LOCATION: Generally located at the southeast corner of Meridian Road and Lake Hazel in the east'/z of the northwest 1/4 of Section 6, P 7 T.2N.,R.1 E. 1' PROJECT OVERVIEW A. Summary The applicant requests to rezone 71.7-acres from R-4 to C-G, annex 77.71-acres with C-G and R- 15 zoning districts, and a development agreement modification to develop the subject property with a mixed-use development consisting of approximately 446,000 sq. ft. of commercial, 100,000 sq. ft. of office/employment and residential(8 to 15 d.u./acre)uses. B. Issues/Waivers 1. The applicant is requesting City Council waiver for two accesses(one 3/4 public street access and RIRO driveway)to Meridian Road and a right-in/right-out driveway to Lake Hazel Road in accord with UDC 11-3A-3 and subject to ACHD and ITD approval. ITD has provided comments with approval of three(3) access points to Meridian Road. However,if Council grants the waiver,the 1/4 should be restricted RIRO only and not 3/4 movement as proposed. The phasing of the proposed accesses is provided below.If these accesses are not approved as requested, a new concept plan should be required with their removal. Additionally,the applicant has been coordinating with ITD on a STARs agreement to address transportation improvements along SH-69 and accesses along its frontage.In 1998,ITD granted the applicant three deeded accesses between Lake Hazel and Aristocrat.ITD has noted that it will allow full access at Aristocrat,restricted access at the 1/4 Mile(Spire) and restricted access at the 1/8 Mile. The applicant has also entered into and completed a Cooperative Development Agreement with ACHD to fully build Lake Hazel to five(5)lanes.With the construction in 2024,both the 1/4 Mile Collector FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -4- (Prevail) and 1/8 Mile right-in/right-out driveway to Lake Hazel were designed, approved, and constructed. 2. The applicant is seeking the ability to obtain three(3) building permits with the first phase of development. The applicant intends to reconfigure the property with a future property boundary adjustment application to facilitate the construction on these parcels until the remainder of the property is subdivided with phase two (2). Although staff is amenable to this approach, a master concept plan for the overall development is necessary to ensure compliance with the Plan and justify the"float" of the Mixed-use Regional designation across the Lake Hazel frontage. The applicant recognizes the importance of these details however,they intend to provide many of them with phase two (2)to be memorialized with a future amendment to the development agreement. The Commission and Council should be aware that this approach may result in a fragmented and uncoordinated design and lack key elements including functional and physical integration,shared design features, and purposeful open spaces. Staff is recommending many of these items be addressed in the new DA as noted below. The Commission and Council should carefully evaluate whether deferring critical details to phase two is justifiable without a more comprehensive framework for the development. C. Recommendation Staff: Approval with a new Development Agreement(DA). Commission: Approval D. Decision Council: II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Agriculture - Proposed Land Use(s) Commercial and Residential - Existing Zoning R-4 and RUT in Ada County VILA.2 Proposed Zoning C-G and R-15 Adopted FLUM Designation Mixed Regional and Medium-High Density VILA.3 Residential Table 2: Process Facts Description Details Preapplication Meeting date 8/20/2024 Neighborhood Meeting 9/19/2024 Site posting date 12/9/2024 Table 3: Community Metrics Agency Element Description Issue Reference Ada County Highway District IV.D • Comments Received Yes - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -5- • Commission Action No - Required • Access Access is proposed off Aristocrat Dive and Prevail - Avenue, both collector roadways.Additionally,the applicant is requesting a local street access with % movements and a RIRO driveway off Meridian Road and a RIRO driveway off Lake Hazel Road. • Traffic Level of Service SH-69 (Meridian Road): ACHD does not set a - threshold for State Highways. Lake Hazel Road: Better than E ITD Comments Received Yes; ITD is going to approve three (3) access points to IV.E State Highway 69 (Meridian Road).This includes Aristocrat Drive (Full signalized access), Spire Street (Right In/Right Out), and a private drive aisle (Right In/Right Out). Meridian Public Works IV.B Wastewater • Distance to Mainline Partly constructed at the site but looping is required throughout the developments. • Impacts or Concerns Yes, see conditions Meridian Public Works Water IV.B • Distance to Mainline Partly constructed at the site but looping is required throughout the developments. • Impacts or Concerns Yes, see conditions School District(s) West Ada School District • Capacity of Schools Mary McPherson Elementary: 550 Program Capacity - Victory Middle School: 1000 Architectural Capacity Mountain View High School: 2175 Architectural Capacity • Number of Students Mary McPherson Elementary: 484 Students - Enrolled Victory Middle School: 1056 Students Mountain View High School: 2537 Students Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record at this link. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -6- Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1406223014 Date Retrieved:2024/10/8 Parcel Count Parcel Acreage Infill Indicator: 220 561 Surrounding Area 34% Not city 354 City Limits ❑ Not City 1 n7S Household Change Household &Population Growth Households � O 2020 Population Chanqe: 88.2% Population ■Growth (Household and Population Change since 2010 Decennial) 500 1,000 1,500 2,000 Use Types Residential Addresses All Addresses Single-family 811 ® Multi-familv1W i o ❑ Commercial Preliminary Plats(last 5-years) Conditional Use Permit(last 5-years) Proposed I I Proposed Pending Pending Approved Approved 1 2000 4000 6000 0 0.5 1 Single-family Acres ® Multi-familv Acres FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -7- Figure 2: ACHD Summary Metrics E. Lake Hazel Road Existing Lanes © Planned Lanes Existing Level of Service Notable ACHD Comments V/' Q (Primary roadway impact} Programmed IFYP Programmed CIP © S. Meridian Rd Existing Lanes © Planned Lanes m Existing Level of Service _W Notable . Comments Q (Primary roadway impact} Programmed IFYP jQ Programmed CIP *E. Lake Hazel Road has been widened by the applicant to 5 lanes from S.Meridian Road to S. Apex Avenue. The level of service listed above is for the existing 2-1ane road. Traffic counts are from June 2018. Figure 4: Service Impact Summary ImpactService . . Ready Q O O O Marginal O O O O Caution O O O o�ye e� �ooa � o\\oe, �aAy a�� :�`o� �a\� p�`Je �a\� � �' comma �o lll. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The proposed development spans 149.41 acres across five parcels,with the western half designated as Mixed-Use Regional(MU-R)and the eastern half as Medium-High Density Residential(MHDR)on the Future Land Use Map(FLUM). The area proposed for rezoning falls within the MU-R designation,which promotes a balanced integration of employment,retail,residential, and public uses,particularly near major arterial intersections. This designation aims to create diverse and connected communities where residents can live,work, and shop locally. The area being annexed is designated as Medium-High Density Residential. 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 project identity. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -8- The applicants'concept plan is consistent with the Mixed-Use Regional and Medium-High Density Residential FLUM designations. However,the applicant is requesting the northern portion of the MHDR spanning across the Rawson Canal(approximately 11 acres)be zoned C-G. This would float the MU-R FLUM designation into the MHDR designation. The comprehensive plan supports the float of C-G zoning into the area designated as MHDR with the inclusion of the following elements: Plazas between commercial and residential including a main focal point, active and shared open space within the mixed-use designation and neighboring uses,a mix of three (3)different uses, and 8-foot parkways with on-street parking. The applicant has not provided these details with this application; however,these elements will be a provision in the Development Agreement. Staff is supportive of the float because it will add a critical third use to the development in the form of employment,however,the applicant will be held to the inclusion of the elements listed above. The Planning and Zoning Commission and City Council should evaluate the float and project to determine if other design elements should be incorporated in the overall development. The subject development is proposed to be completed in two phases. The first phase is going to include three buildings on the northwestern portion of the site. The applicant has provided a concept plan for phase one indicating where the three buildings are located. Staff has determined that details for development of phase two will be required through a development agreement modification. Phase one will be restricted to three building permits before a development agreement modification with additional details will be triggered. Below staff has compiled a development consistency matrix how and when compliance is to occur with development of the property. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -9- Figure 4: Development Consistency Matrix UDC, Comp Plan, or ASM Compliance Phase Standard Residential uses are expected to The applicant is proposing future 2 comprise between 10% and 30% residential in the C-G zoned area. of the development area,with However,the details have not been gross densities ranging from 6 to provided. Staff will restrict the 40 units/acre. residential uses to 10%—30%of the original 71.7 acres in the MU-R designation. The additional 11 acres included in the float along E. Lake Hazel will not be included in the calculation for residential. This will be evaluated with the future development agreement modification in phase two. The minimum for non-retail The applicant is proposing three(3) 1 and 2 commercial uses such as light- different uses in the form of office,office, clean industry, or commercial(retail), entertainment uses, is 20%of the office/employment,and residential. mixed-use area. While the percentage of non-retail is not specified the applicant has indicated they intend to construct approximately 100,000 square feet of office/employment. This will be evaluated with the future development agreement modification in phase two. Retail commercial uses should The applicant is proposing three(3) 1 and 2 comprise a maximum of 50%of the development area. different uses in the form of commercial(retail), office/employment,and residential. While the percentage of retail is not specified the applicant has indicated they intend to construct approximately 446,000 square feet of commercial/retail. This will be evaluated with the future development agreement modification in phase two. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 10- For mixed-use developments, at The current concept plan shows no 1 least 40%of the buildable building frontage along Meridian frontage must be occupied by Road. To satisfy the 40% building facades or public space. requirement for phase one,the applicant should relocate the building to the Meridian Road frontage.After discussing with the applicant,they would like to defer the building frontage to phase two. This would require approximately 2,017 feet of building frontage along State Highway 69 and E. Lake Hazel Road when excluding the anchor tenant's frontage. This will be a requirement in the development agreement. No more than 50%of the total In compliance with this standard. 1 and 2 off-street parking area for Future development will be properties over two acres can be evaluated with the development located between building facades agreement modification in phase and abutting streets. two. Mixed use projects are to be The applicant is requesting to delay 2 developed with an overall master a master concept plan to phase two, or conceptual plan for the larger after the anchor user has been mixed-use area. established. Staff has concerns about this approach as it can be difficult to achieve key design elements with future applications. The applicant should discuss with the Commission and Council how the design elements will be met. Mixed use areas must include at In compliance with this standard. 1 and 2 least three land use types within a The applicant is proposing three(3) designation. different uses in the form of commercial(retail), office/employment,and residential. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 11 - Functional Integration: The applicant has not provided 2 Developments must show that details on phase 2 of the even undeveloped parts of the development. Staff has concerns area can be functionally about this approach as getting the integrated, either immediately or mixed-use components is vital to conceptually. The project should the approval of this application. The prove that all planned applicant should inform the components can work together Commission and Council how these cohesively. Local connectivity is design elements will be met. required to limit local trip impacts to the regional network, both for traditional single-family homes and in mixed-use areas. Purposeful Open Space: Open Details of open space have not been 2 spaces should not be incidental provided. Staff has provided DA but purposefully designed to provisions requiring this with the enhance connectivity and future development agreement functional integration. They modification. The applicant should should serve as common areas inform the Commission and that bring people together and Council how these design elements provide opportunities for will be met. interaction. Open space and amenities To be analyzed with phase two. 2 Access The applicant is requesting a 1 council waiver for three (3)access points,two(2)to Meridian Road, and 1 to Lake Hazel Road. Road Network/Timing The applicant is proposing to 1 complete all public road improvements with phase 1 of the development. The completion of Prevail, Spire,and Aristocrat will be completed prior to the first C of O within the development. Additionally,the applicant has been coordinating with ITD on a STARS agreement for SH-69 and adjacent roads. The specific road improvements spelled out in the STARS agreement will occur with Phase 2,if not sooner. Staff is recommending a DA provision requiring an executed agreement prior to developing phase 2. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 12- Density of Residential Portion While the applicant does not have a 2 master concept plan for the entire area,they have provided details about the density of residential that will be in this development. The C- G residential will be between 6-40 units per acre and the R-15 residential will be 8-15 units per acre. Table 4: Project Overview Description Details History H-2015-0019 AZ; DA Inst#2016-007072 Phasing Plan 2 Phases Residential Units TBD with phase 2. However,the applicant intends to development with the parameters allowed in the Comprehensive Plan—8-15 in the MHDR area and 6-40 in the MU-R area. Open Space To be determined with the future Development Agreement Modification Amenities To be determined with the future Development Agreement Modification Physical Features Rawson Canal Acreage 149.41 Acres Lots 5 lots Density R-15 Zone: 8-15 Units/Acre C-G Zone; 6-40 Units/Acre B. History The two parcels fronting S.Meridian Road(S 1406223014 and S 1406223153)were annexed in 2015 with the South Meridian Annexation. These properties were given the placeholder zoning of R-4 until future development. Due to these properties being in the Mixed Use Regional,the request for a rezone to C-G is consistent with the comprehensive plan. Additionally,the three properties on the eastern portion of the development(S 1406212601, S 1406212401, and S 1406244200) are still in Ada County with RUT zoning. During the South Meridian Annexation an outparcel was created(S 140623 3 902) and it is not being included in this application. However,this project is required to show how the development will include the out parcel with phase two(2) as it will be redeveloped in the future. Development must comply with the Functional Integration principles for development in all Mixed-Use areas. • Residential uses are expected to comprise between 10%and 30%of the development area,with gross densities ranging from 6 to 40 units/acre(of the residential area). However, staff is limiting this percentage to span across the original 71.7 acres and does not include the approximately 11 acres included in the float along E. Lake Hazel. • The minimum for non-retail commercial uses such as light-office, office,clean industry, or entertainment uses, is 20% of the mixed-use area. • Retail commercial uses should comprise a maximum of 50%of the development area. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 13- C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There are no existing structures included in this application. 2. Proposed Use Analysis (UDC 11-2): Comprehensive Plan policy 3.06.02B encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability. The applicant has submitted a concept plan with phase one consisting of commercial retail and medical offices/professional services. Phase two consists of commercial and residential that will be required to go through a development agreement modification prior to development. The applicant has provided little detail in the concept plan for the future phases. Staff has concerns with this approach as many key elements of mixed-use developments are not being presented at this time. However, staff has provided an avenue forward for the applicant with provisions in the development agreement requiring elements with phase two. Additionally,the applicant will be capped at 50%retail and 10% - 30%residential in the C-G portion of the site unless other features are represented allowing for bonuses to either retail or residential. The concept plan also provides some insight into the future development of the MHDR portion of the property that will be zoned R-15. 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 fifteen 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 the quality of place and should also incorporate connectivity with adjacent uses and area pathways,attractive landscaping and project identity. The applicant is proposing 8-15 units per acre when this portion of phase two (2)develops. Connectivity between the residential and commercial will be evaluated with the development agreement modification for phase two(2). Key elements such as plazas between commercial and residential,active and shared open space, a mix of three(3)different uses, and 8-foot parkways with on-street parking will be required with phase two (2). Additionally,the applicant will be required to subdivide this portion of the site for redevelopment purposes. 3. Dimensional Standards (UDC 11-2): Comprehensive Plan policy 3.07.0 encourages compatible uses and site design to minimize conflicts and maximize use of land. Comprehensive Plan policy 3.07.01A requires all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices. The development shall comply with the dimensional standards for the C-G and R-15 zoning districts as listed in UDC Tables 11-2A-3 and 11-2B-3. These will be evaluated with future applications. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 14- D. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19) Based on the concept plan,the applicant does not fully comply with the standards outlined in UDC 11-3A-19. While they meet the requirement that no more than 50%of the total off- street parking area for properties over two acres can be located between building facades and abutting streets,they do not meet the building frontage requirements due to the proposed building location. For mixed-use developments, at least 40% of the buildable frontage must be occupied by building facades or public space. The current concept plan shows no building frontage along Meridian Road. To satisfy the 40%requirement for phase one(1),the applicant should relocate the building to the Meridian Road frontage. Staff recommends sliding the building to the west and positioning it along this road. However, after discussing with the applicant,they would like to defer the 40%building frontage to phase two(2)with the remainder of the entitlements. Staff has estimated the frontage along Meridian Road is approximately 2,642 feet and the frontage along E. Lake Hazel Road is 2,400 feet. The anchor tenant consumes approximately 700 feet of the frontage along Meridian Road. This leaves roughly 4,342 feet of frontage along Meridian and Lake Hazel Roads with 2,017 feet being required to be occupied by building frontages to meet the 40%requirement. This will be a requirement in the development agreement and will be a key element for the design of phase two(2). 2. Qualified Open Space &Amenities (Comp Plan, UDC 11-3G): Qualified open space and amenities will be determined with the future development agreement modification. However,based on the standards in UDC Table 11-3G-3 and 11-3G- 4, a minimum of 15% of qualified open space is required to be provided within the development and a minimum of one(1)amenity point shall be provided for every 5 acres of gross land area. Additionally, staff will require purposeful open space between the residential and commercial areas to create an area for integration and interaction. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets The landscaping will be evaluated with the submittal of the certificate of zoning compliance.However,the applicant is required to install a 35-foot landscape buffer along S. Meridian Road(Entryway Corridor), a 25-foot landscape buffer along E. Lake Hazel Road(Arterial Road),a 20-foot landscape buffer along Aristocrat Drive(Collector Road), and a 20-foot landscape buffer along Prevail Avenue(Collector Road) in compliance with UDC 11-3B-7. Staff is recommending these improvements be included with Phase one(1)of the development. While the applicant is not creating a formal subdivision at this time, staff believes installing all landscape buffers fronting Meridian Road,E. Lake Hazel Road, Prevail Avenue, and Aristocrat Drive will be important for compliance with the Comprehensive Plan. Policy 3.07.01 C requires appropriate landscaping,buffers, and noise mitigation with new developments along transportation corridors. The landscape buffers will be installed with the inclusion of the 10-foot multi-use pathways along the arterial and collector streets. ii. Parking lot landscaping FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 15- Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-3B-8. The requirements include 5 ft.perimeter adjacent to streets and islands of at least 50 sq. ft. per every 12 parking spaces. These requirements will be analyzed with the Certificate of Zoning Compliance. iii. Landscape buffers to adjoining uses Where commercial abuts residential,the applicant will be required to comply with UDC 11-3B-9.Additionally,the comprehensive plan speaks to plazas and open space providing integration in mixed-use areas. The use of plazas and common open space will be evaluated with the development agreement modification for phase two (2). iv. 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. A Tree Mitigation Plan should be submitted with the Certificate of Zoning Compliance detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-1OC.5. v. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along S. Meridian Road or E. Lake Hazel Road. vi. Pathway landscaping Pathway landscaping is required to comply with UDC 11-3B-12. A minimum of 5 feet of landscaping shall be provided on both sides of the proposed pathways as shown in Section V. These requirements will be analyzed with the Certificate of Zoning Compliance. 4. Parking (UDC 11-3Q: i. Residential parking analysis Future residential will be developed in phase two (2)will be required to comply with the residential parking standards listed in UDC Table 11-3C-6. ii. Nonresidential parking analysis Non-residential parking will be evaluated with the submittal of the certificate of zoning compliance. The parking shall comply with UDC 11-3C-6. iii. Bicycle parking analysis One bicycle parking space shall be provided for every 25 proposed vehicle parking spaces. This will be evaluated with the submittal of certificate of zoning compliance and design review. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 16- 5. Building Elevations (Comp Plan,Architectural Standards Manual): The applicant did not provide any building elevations.However,the building elevations shall comply with the Architectural Standards Manual,UDC, and Comprehensive Plan. This will be evaluated with the submittal of a certificate of zoning compliance and design review applications. 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. 7. Parkways (Comp Plan, UDC 11-3A-17): 8-foot parkways will be an important element to transition between the office/employment and future MHDR development. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.02B of the comprehensive plan emphasizes reducing access points to arterial streets by promoting cross-access agreements, access management, and the use of frontage and backage roads to improve connectivity between local and collector streets. Similarly, UDC 11-3A-3 calls for consolidating or limiting access points on collectors and arterial streets to ensure safer entry for motorists. UDC 11-3H-4 further restricts new access to State Highway 69 when usage intensity increases,limiting access points to section line roads and half-mile intervals. The applicant has provided a backage road in the form of a commercial collector(Prevail Avenue)running parallel to State Highway 69(Meridian Road)and connecting to E. Lake Hazel at the quarter-mile section.Additionally,the applicant is extending the commercial collector(E.Aristocrat Drive) along the southern portion of the site to provide mid-mile access off State Highway 69. These access points are supported by staff as they are reflected on the Master Street Map. Additionally,the applicant has proposed two restricted access points between E. Aristocrat Drive(half-mile access)and E. Lake Hazel Road(section line road) along State Highway 69, which does not align with UDC 11-3H-4. Staff is not supportive of these access points as Meridian Road is a mobility corridor and limiting access is essential to continue the flow of traffic. Staff has provided an image(See below) of the intersection at Eagle Road and Fairview Avenue to show an example of what the intersection of State Highway 69 and Lake Hazel Road may look like in the future. This intersection is an example of why staff and the UDC limit access points because it can create congestion, affect the flow of traffic, and create conflict points. Staff is not supportive of the proposed accesses to Meridian Road,except at the%mile consistent with UDC 11-311-4. However, ITD has approved three(3)access points to Meridian Road. These access points include Aristocrat Drive at the '/2 mile mark(Full signalized access), Spire Street at the '/4 mile mark(Right In/Right Out), and a private drive aisle at the 1/8t'mile mark(Right In/Right Out). With the support from the Idaho Transportation Department(ITD),the City Council may grant a waiver for these additional access points on State Highway 69. Additionally,the applicant has been coordinating with ITD on a STARs agreement to address transportation improvements along SH-69 and accesses along its frontage. Staff FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 17- is supportive of this approach and is recommending the applicant enter into a STARS agreement with ITD prior to commencing with development of phase 2. The applicant has also entered into and completed a Cooperative Development Agreement with ACHD to fully build Lake Hazel to five(5)lanes.With the construction in 2024,both the 1/4 Mile Collector(Prevail) and 1/8 Mile right-in/right-out driveway to Lake Hazel were designed, approved,and constructed. The applicant is seeking City Council waiver for the additional access point to E. Lake Hazel Road. Staff does not support the RIRO access to Lake Hazel in accord with UDC 11-3A-3. In addition to the standards listed above,UDC 11-3H-3D discusses noise abatement along State Highway 69. While the applicant has not provided details on the southern portion of the site abutting State Highway 69, if any residential or other sensitive uses abuts the highway noise abatement will be require in compliance with UDC 11-3H-3D. The Rawson Canal intersects the northeast portion of the site which will make access to triangular piece fronting on E. Lake Hazel Road difficult.With the development agreement modification,the applicant shall provide details as to how access to this portion of the site will be achieved. 2. Multiuse Pathways,Pathways, and Sidewalks (UDC 11-3A-5, as-3A-8, I1-3A-8): Comprehensive Plan policy 3.07.02A mandates the creation of pedestrian circulation plans to guarantee safety and convenient access within large commercial and mixed-use developments,while policy 4.04.01A emphasizes that new developments and subdivisions must connect to the pathway system. Together,these policies ensure that all new projects prioritize safe pedestrian access and integrate seamlessly with existing pathways. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8. Pedestrian connectivity is crucial in mixed-use developments to encourage walkability. The absence of such connectivity in this proposal would force residents to walk along busy arterial roads to reach services and public spaces or depend on vehicles to access them Further UDC 11-313-9 requires pedestrian connections between residential and commercial areas. The applicant is proposing a 10-foot detached multi-use pathway along S.Meridian Road, E Lake Hazel Road, E. Aristocrat Drive, and Prevail Avenue. Additionally, 5 feet concrete sidewalks are proposed along Spire Street and private drive aisles in the northwest corner. Staff recommends adding 5 feet sidewalks along the portion of the site between the proposed medical offices and future MHDR residential. This will allow the applicant to meet the comp plan goals listed above. 3. Subdivision Regulations (UDC 11-6): Subdivision regulations will be evaluated with phase two of the development where a development agreement modification will be required.At the time of the development agreement modification,the applicant shall provide details on the residential portions of the development. Staff will analyze this for compliance with UDC 11-6. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 18- F. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): The Rawson Canal intersects the Northeast portion of the site. The applicant is proposing to leave the Rawson Canal open which will provide limited access to the triangular piece fronting E. Lake Hazel Road. Comprehensive Plan policy 4.05.01D requires improving and protecting creeks and other natural waterways throughout commercial, industrial, and residential areas. 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. 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. Drainage swales shall not be located in the street landscape buffers along S. Meridian Road and E. Lake Hazel Road. 4. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation and rezone of this property. Prior to approval of the annexation and rezone 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 or certificate of zoning compliance shall not be submitted until the DA and Ordinance is 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 and rezone. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 19- 1. Future development of this site shall be generally consistent with the concept plan included in Section VIII and the provisions contained herein. a. Residential uses shall comprise of 10% -30% of the original 71.7 acres development area in the MU-R designation, with gross densities ranging from 6 to 40 units/acre (of the residential area). b. Non-retail commercial uses shall comprise a minimum of 20% of the proposed C- G zoning to include the likes of employment, office, clean industry, or entertainment uses. c. Retail commercial uses shall comprise a maximum of 50% of the proposed C-G zoning unless the applicant meets the bonus requirements in the comprehensive plan. —2:1 Bonus for land designated as a public use such as library or school. —2:1 Bonus for active and shared open space or passive recreation areas, such as a park, tot-lot, or play-field. This excludes the amenities required with residential development. —6:1 Bonus for plazas that are integrated into a retail project. Such plazas shall provide a focal point, seating areas, and some weather protection. d. New buildings on pad sites adjacent to single-family neighborhoods shall be limited to no more than a 1-story disparity in building height. e. Transitions between different residential product types and dissimilar land uses shall include the use of alleys, roadways with landscaped parkways, or highly connected open spaces. f. For mixed-use developments, a minimum of 40% of the buildable frontage must be occupied by building facades or public space. The applicant shall either move the proposed anchor tenant building along Meridian Road frontage or provide a minimum of 40%building frontage with phase two. g. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. h. Phase 1 Requirements: - Construct the entirety of Aristocrat Drive and Prevail Avenue prior to the first Certificate of Occupancy. instail!andseape buffers along S. Mer-idian Read,E. Lake Haze!RE)ad,Ar-isfOefat - Install landscape buffers as shown in exhibit F. - Phase 1 will be limited to 3 building permits and shall include a property boundary adjustment to reconfigure the properties. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -20- - Access to S.Meridian Road and E. Lake Hazel shall be prohibited except at Aristocrat Drive and Prevail Avenue unless allowed by ITD,ACHD, and approved City Council. The City Council approved the waiver for the additional access points. i. Prior to commencement of Phase 2 the applicant shall submit a development agreement modification and amend the concept plan with the following: uses,inelude the following elemeffts with phase 2: Plazas between eenuner-cial and r-esidewial inelude a main feeal point, aetive and shared open space within and 8 foot parkways with o st eet par-k;.,g and bulb outs. - Include the following elements with phase 2: Plazas between commercial and residential include a main focal point, active and shared open space within the mixed-use desijanation and neighboring uses, a mix of three (3) different uses, and 8-foot parkways, and traffic calming such as on-street parking and bulb- outs. - Include the out parcel in the overall concept plan to ensure functional integration with the surrounding property. Development of the R-15 portion of the development shall not be allowed until the property has been subdivided. - In developments where multiple commercial and/or office buildings are proposed, the buildings shall be arranged to create some form of common, usable area, such as a plaza or green space. - The applicant shall subdivide the MHDR or R-15 portion of the site prior to development of this area. - The applicant shall provide the city with the executed STARS agreement with ITD. - Include the out parcel in the new concept plan. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -21 - B. Meridian Public Works wastewater Dlstance to Sewer Sewer main is partly been consmcted,however looping is re.r.l.i - 1 Servires through Developmentseitherth rough the North orth,Fa{t Sewer Shed Estimated Project See appllcation Sewer ERU's + YVRkF Declining aalance Project Corrsistent Ytss Witt)WW master Plan/Facility Plan Impactsfcanoerns + See Public Works Slte S Wic Conditions water • Distance to Water Water rnaln has partly been constructed.however looping is requlred Services through developments ei the r th rough the North or the East. % PrassureZwe Estimated Project see applitadinn Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Imp # ftignrrt Please see Condltlons NON-FLAT CONDITIONS PUBLIC WOW DEPARTMENT Site Specific Conditions of Approval I- Project will require lapping of the Water Main-'This ran either come from the CasL*r a second connection to We Plawl Rd north of the road, 2- 12"main should run parallel to S Meridian Rd through the development to meet to and through requiremews-The City will seek oppor urdiies to provide stubs ar at least eawments is Meridian Road to allow properties west of Meridian Rd to develop. 3- 12"main also requirk%d along thr 112 mile marker fume Meridian Rd 1p the Ent. 4. Ptoyidc to-and-through Water and Scwcr mains to the south and East when micvaril. 5. Enginccr to verify ifthcw is a well onsiw. If well is located on the site it must be abandoned per regulator, rcgttinrnents and proof ofabandonmeni must be provided to the City- Utilities will need to bu provided for review- 6- If a Wel I is located on rktc side it m usr be abatdoned per reguladory requirements mkd pfOaf of *kndonmum mu.5t be providL�d to the City. 7, Ensure no sewer wTviecs pass through infi1"lion trenches, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -22- 8_ Provide 29 Easements for mains,hydrwit latcrals and water services. Easements should extend up to the end of inaiathydrantlwaier racier and l0'beyond it. 5_ No permanent structures{trees,bushes,buildings,carports,trash receptacle walls, rencem, infiltration trenches,list poles, etc.)to be built within the utility easement. Gen"I Conditions of Approval I_ Applicam shall coordinate water and s,wer main size and routing with the Public WorN s Department- 2- Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and Wnicr m9ins to and thMugh this development_ Apphrsm may be eligible fur a reimbursement agm mcni For infmstructurc cnhancement per MCC 8-6-5. 3, The applicant shall providc casement(s)for all public watcrlsmer trains outside ofpublic right of way(include all water seM*es and hydrants)_ Sawervwater easement varies depending on sewer depth.Sewer 0-20 ft deep require a 30 ft easement.20-25 ft a 40 ft easement.and 25-30::u 45 easement. Ensure no permanent structures(trees.bushes.buildings,carports,trash receptacle wrillS,fEnCeS,infiltration LTennc�-$,light pnliS,ele.)are built within the utility L!IWMenl. Submit an executed cascmt:nt(on the farm availablc from Public:Wu&),a legal description prcparcd by an Idaho Licensed Professional Laud Surveyor,which must include the area ofthe casement (marked EXHIBIT A)and an 8liT'x l I"map with bearings and distances(marked EXHIBIT B) for review. Bath exhibits must be sealed,siglied and dated by a Professional land Survcvi r.VQ NOT RECORD- 4- The City of Meridit5n inquires that pressurized irriputirm systems be supplied by a ye round source of watt:r{UDC 1 1-3B-6),The applicani should be tuluiTcd to use any existing surtUc or well water for the primary source. IFa surface or well source is not available_a single-]Taint connection to the culinary water system shall be required_Ifa single-point Connection Is tnilized. dic developer will be responsible for duo payment ofasmsmenls for taro common areas prior tp prior to reftivirt��IeVdOPrnent PI an apPrmVal. 5. Any structures that are allowed to remain shall bC subjccl to evaluation and possible jrusignmcni Of street addressing w be in cornpliamcc With MCC, 6_ Al irrigation diubes_tarots,laterals,or drains,exclusive of natwTal waterways,intersecting, crossing or laying adjacent and contiguous to rho area being subdiwided shall be addressed per UDC 11-3A-5_ in performing such work,the applicant shall comply with Idaho Code 42-1207 dad arty Otherappliable luau nr raguNs on. 7, Any wells that wi I l not continue to bC mcd w trsi be properly abandoacd according 10 Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources_ The Developer's Engineer slial l provide a statement addressing whether there are any existing wells in the develapmenL and if so_brow they will€ominue to be used,or provide record of their db91d(1nment_ 8_ Any eaciStin,4 septic sywrms within this project shall be rani)-LW from service lxK City Ordina= Section 9-lit and 4 4$, Contact Central IRi50CL HC4101 for abandonment proccdures and inspections(208)375-5211. 9_ Al improvements relatod to public life,safety and health shall be oDmpleted prior to occopacy of the strumures. 10_ AppliCb L shall be rmquired to pdy Public W rks 4dvdopmm plats rrviuw,and construcli rut inspcctian fees,as determined during 1he Platt review pmccs&prior in the issuance of plan approval letter, 11_ It shall be the responsibility ofthe applicant to ensure that all development features caMtiply with the Americans wi(h Disabilities Act and true Fair Housing Act. 12_ Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Enf&ws_ 13. Dc icloper shall coordinate mailbox locations with the Meridian Past Office. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -23- 14_ Compwtion tesi results shall be submitted to[he Meridian Building Department for all building pads receiving engineered bwkfill_where footing wou]d si[a[ap Ell ma[orial_ I S_ The design engineer shal l he required ur certify that the street cenuKl ine elevations arc xat n minimum of 3-port above the highest csiablishcd peak groundwater cicvation. This is to cnKurc that the bottom elevation of the crawl spaces of hones is at least 1-foot above_ 1 b_ The Lipp]icants design engineer shall be responsible fer inspection of al l irrigation and/or drainage fa,ciliiy within this project dial do not Fall under the jurisdiction ofan irrigation district or AC'IID_ ' ,,&Sign en�InUM Nhall Ilr{}yidc cubiliicatiam that the f4ciliLics havr yeL-n inlit.lIcd in accordance with the approved design plans.This omifitation will be mquired before a ccrtiGerite of occupancy is issued for any structures within the pmjcct, 17_ At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Pleridian AutoCAD standards. These record drawings must be received mad approve[ prior to the issuance of a certification ofoccupancy for any structures within the project. I8_ A street lint plan will need t8 be included in the civil tpnstruction plans.Street light pig rcquircments arc listed in section 6-5 of the Improvement Standards for SiTcci Lighting.A copy of the stmndar4s cart b;found at htto,/1www.mcridianwily,2W vblir�wj rks.asRx'?id=z%. 19_ 'l'he City of Meridian requires that the owner post to the City a performance surety in the amount of 125%ofthe total construc[i0n cos[for all incomplete sewer,wa[er and reuse inftasiructLife prior to final plat signature_This surety will be verified by a line item tus[estimaie provided by the owner to the City_The surety can be pasted in the form of an irrevoeahle letter(if CrvdiL,rash deposit or bond. Applie;mt must file an application for surly.which can be found on th¢ Community Development Deparmeni wcbsite, please contact Land Dcvclopmcm Scn-iCC for more inkrmadon at 987-2211. 20_ The Ci[y of Meridian rewires ilia[[he owner post to[he City a warrawy surely in the wnounl of 2VIn of the total rnnsin c[ion cc51.t far all completed sewer,a-Ater And reuse infrusumoture rat duration]of twp ycars_This sureiy wiII he venfied by a line item Cost estimate provided by Lk owner to the City.The aunty can lac powd in the form of an irwyocabic idler of credit,cash deposit or bond.Apoicant must file mi application for Surety,whicb can be found on the Community Developuietat Depentueut websitc. Please contact Land Development Sevice for mare information at 987-221 1. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -24- C. West Ada School District(WASD) or Other District/School Exhibit A West Ada Schaal District STUDENT GENERATION RATES West Ada School District{WASD}uses a Student Generation Bate(SCR)m determine what impact future developmentwiII have on enrollments.The appl"ntdid not provide the number M either single family and/or multi family units proposed as part of their application. Therefore,staff had to calculate a rough estimate of student generation rates based on the applicant's concept plan,The calculations for these estimates are as follows; 1) 8-15 portion (Townhomes{Single Family},58.52 acres X 15 units an acre=878 single family units and 2)C•G Portion (Multi-Family), 11-4 acres H 15 units an aere=171 units-In total,there could be approx1mately 458 school-aged children.The proposed project Is within the followlrrg school boundaries,currently,and approval of the project may affect enrollments at these schools; Sehool Boundary Areas 23-ZW Enrullmeut Architedural Prwarn Capacity Capac" Mary McPherson Elementary 484 675 550 Victory Middle 1056 1000 Mountain View High 2537 217S SGR Total Units Towl Towl Development Area Zone anvil Multi w4le leultl Studlebetl Archlte&wal "ram Family Wmlkr Family Family 9tud�nks Capacity Capdtw Mary McPherson 0-49 0-16 878 171 458 675 550 Elementary Schaal "This Informatlon Is intended as a reference,rather than a derisive tool- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -25- D. Ada County Highway District(ACHD) NW IS P-wrlrrg.N_.�_ft %1 Cdd,Yo4r=EWrft ]im Hmnmr%Lammwrerw A ACfM Wrt Gpk�.Uo=rw '0S#&MW-J P-r—WM1r'�.p��+rrra-Irr Date: OMotler'29,2024 Tay Amairmia Mct4=,via email Staff Contact:KaraLeigh Troyer,Planner Project Descrlptlon apex Zen Ith TF,pCreneration: Tfip genefatiQn wil I 13e cL-termi ne;l ba5ea on the iraf r impact stLady. DevelopmentProposed NBAZI i x com-ants, 'rho tab In ab"Ikt the owsti g ca++dltiom of thew rround Ing roedwayswitf*ut time proposes dmIoprment as this apWioai ion is forannexatm�n and rwaon,a or+y.With a Mute orvwWprrwnt spp`cssion,this#wrnenary W II be updated to rof ct th*developnvr,t ar,d its impact conr*cting you to more Ada C riq High"rfdwVT.37H A&an%5[ra -[sWn GKV10-H37k-PFF SOB M749M.F),345rWW•WMr/yrWr M FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith-H-2024-0052) -26- E. Idaho Transportation Department(ITD) 54�yp Your Safety * Your Mobility IDAHO TRANSPORTATION OFPARTIIENT It P-n-SM 90" s ease,ID 917a7-2o29 Your Economic Opportunity �tas��a-a�aa • I�a.rdaho.�o, December 9,2024 Nick Napoli Rlanwr 33 E Broadway Ave,Suite 1112 Meridian,Idaho E3642 VIA EMAIL Re: Apex Zenith-ITD Updated CBmrAents Dear Nick. The Idaho Transportation Department(ITD)is in the process of completing our review of the Apex Zenith Traffic Impact Study.Although we are still in the review process rrD Can provide additions I coMments regarding t his developme ni: The applicant has three deeded actesses along the property frontage on SH-69- ITD will approve the following approaches and access types: 1- Aristocrat Drive-Fully signalized access 2- Spire St-Right-infRight-out 3- R ivate Drive Aisle-Right-in{Right-out ITD will continue Coordinating with the applicant,City of Meridian,and ACHD throughout theTIS review process.If you have any questions you may contact me at Kerndra.tondereitd.idlaho.govor 249-334-S377- Sincerely, / Kendra Can-der D3 Development Services Coordinatur V. Ida ho Transportatic n D eparcmen t FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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; The City Council finds the applicant's proposal to annex and rezone a total of 149.41 acres of land with the C-G and R-15 zoning is consistent with the Mixed Use Regional and Medium to High Density Residential FLUM designation for this property. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -27- 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to C-G and R-15 and conceptual development plan generally complies with the purpose statement of the C-G and R-15 districts in that it will encourage commercial and residential uses that will integrate and interact with one another to provide an area where residents can live, work, and play. While deferring many of the necessary details for a mixed-use development is not the preferred route from the city, staff has provided a path forward for our Planning and Zoning Commission and City Council to decide whether deferring these details is appropriate. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed industrial use should be conducted entirely within a structure. 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 City Council finds City services are available to be provided for this development but acknowledges West Ada School District is at or over capacity for many of the schools in the area. No residential is proposed with Phase one of the development so the impact on schools will not be seen until phase two is developed. 5. The annexation(as applicable)is in the best interest of city. The Council finds the proposed annexation is in the best interest of the city. v1. ACTION A. Staff: Staff recommends approval of the proposed annexation and rezone with the requirement of a Development Agreement. B. Commission: The Meridian Planning &Zoning Commission heard these items on December 191h, 2024. At the public hearing, the Commission moved to recommend approval of the subject Annexation, Rezone and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Jon Wardle b. In opposition: None c. Commenting None d. Written testimony: Amanda McNutt e. Staff presenting application: Nick Napoli f Other Staff commenting on application: None 2. Key issue(s) of public testimony a. None 3. Key issue(s) of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. The Commission recommended the following changes to two DA Provisions: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -28- - H.2: "Install landscape buffers as shown in the exhibit F." - I.1: "Include the following elements with phase 2: Plazas between commercial and residential include a main focal point, active and shared open space within the mixed-use designation and neighboring uses, a mix of three (3) different uses, and 8- foot parkways with on-street parking and traffic calming such as bulb-outs." 5. Outstanding issue(s) for City Council: a. Consider the Commissions changes to staff s DA provisions. C. City Council: The Meridian City Council heard these items on January 14 ,2025. At the public hearing,the Council moved to approve the subject Annexation,Rezone, and Development Agreement Modification requests. 1. Summary of the City Council public hearing a. In favor: Jon Wardle b. In opposition: None C. Commenting d. Written testimony: None e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Julie Edwards: Concerns with site design, a mix of stoplights and roundabouts on Lake Hazel Road, and the idea of right-in-only_ s. 3. Key issue(s)of discussion by City Council: a. Traffic along SH-69 and E. Lake Hazel Road, lack of comprehensive details within the development plan,the timing of the development and when to expect future applications. and access points to the site. ^ 4. City Council change(s)to Commission recommendation: a. None FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -29- EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Vll. Legend Project Location ;:.Area of Impact ®Analysis _ _ y---- fog 11! ■ Z' H FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -30- 2. Zoning Map L Legend1, ® Project Location R-4 - R-2 TN R Area of Impact L Analysis O — - R-$ R. C-C R-15 RR C C _ i R-a RUT R-8 E-=�2 A R-4 RR Ck�1� 3. Future Land Use Legend - ® I Project LocaFlon �ql� e Area of Impact OAnalysis -- ensity r .... Residential MU-RG h Med-High — MU C ._. .----.. Density Residential Medium Density Residential I Low Density Residential FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -31 - 4. Planned Development Map aix Legend r ® Project Location 1 r'� 1 fr Area of Impact , T==' City Limits Planned Parcels Imp Oi � I Analysis I , ' ! I I ' 1 J. I 1 I I I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -32- B. Subject Site Photos AM ------------ -XX FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -33- C. Service Accessibility Report Overall Score: 18 �7th Percentile Description F [■ Location In City Limits GREEN Extension Sewer Trunkshed mains 500-2,000 ft.from parcel YELLOW Floodplain Either not within the 100 yr floodplain Dr > 2 acres GREEN Emergency Services Fire Response time a 5 min. GREEN Emergency Services Police Meets response time goals some of the time YELLOW Pathways Within 1/4 mile of future pathways YELLOW Transit Not within 1/4 of current Or fLrture transit route RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets YELLOW plan) > existing (# of lanes) & road IS in 5 yr work plar School Walking Proximity Not within 1 mile walking RED School arivability Not within 2 miles driving Of existing Or future school RED Either a Regional Park within 1 mile OR a Community R ParkWalkahility Park within 112 mile OR a Neighhorhood Park within GREEN 114 mile walking FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -34- D. Concept Plan (date: 10/8/2024) Y. ��EL RD LALK, MEDICAL I OFFIC C-S zoning REGIONAL 100.000S.' COMMERCIAL NJLR C-0 zonills COMBINED BUILDING MEDIUM-HIGH 0 ARS F. LU A;446,000 S_ DENSITY cc Q: Depicted internal RESIDENTIAL z streets—Spire, Prevail & 4 SRHE ST Aristocrat—are public, subject to ACHE design BREAK standards and approval M Big Box fVvirrehouse- R-IS Zoning 346,000 SS. Lo BREAKDOWN J. Gen ROAR-100r'300 S.F. Density: 815 q.q../ac. Multi-family Units TBD in Future TED Applications ARLS31ACAU DI1 APEX ZENITH LAND USE CONCEPT OC70SER 2024-SUBJECT TO CHANCE FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith-H-2024-0052) -35- E. Phase 1 Plan(date: 4/4/2024) LAKE HAZEL RD,—.= [B'Bdg- Parcel W 0 DRIVE AISLE 4 P rce o - T . APEX ZENITH W Bldg. A "First Step" Phasing Site Plan SPIRE DRParcel I - Big Box - - October 2024-Cnnceptuat,SubjecttoChangc Parcel L Medical 11[]0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -36- LAKE HAZEL Ra i .- Ito - ,.... - ----'- ACCESS ACCESS CC SS VIfA1VER O }wo OW M M F.- CONSTRUCTION q + PHASE W - W • public street o r # private drive aisle SPIRE ST.— SPIRE ST -- --- = CONSTRUCTION En .' PRASE "B" a J • public street U a PROPOSED SIGNAL* J (Intersections &signals depicted t as proposed in the TJS scope IL ARISTOCRAT DR ARISTOCRAT OR accepted by ITD and ACHD) �F RCCE9S APE ZENITH FIRST STEP" STREETS & DRIVE AISLES FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -37- F. Landscape Buffer Exhibit 1 � III 9 I I I -_ i -- -- —+ I �•� �- II II I QD I II II •� � � � I -.J II° i i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -38- G. Eagle and Fairview Exhibit FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -39- rl -- -__ H. Annexation Legal Description& Exhibit Map for C-G Portion �um rNdIN'.ELhN9 SepetrnG t A,2M Fxnjrn[W.!22-075 rerwh5,rbO Wnn EAh hk A Legbil6bst:9ptlenibrAnr4Y,at4m Wilk"Zom 6 parcel of land Wing a ponlon of tha East 112 of c-,r Plni I li"sl 114 of Section 6,Tc w hid 2 NoHh, Ftpnga 7 tailr&M.,Ciby of lMrWwr Ada County.Iddl-u oelriS more pardeLO&fr'described as hAms; Commeneir4catanallrnirum cap rr.arklrc pre Nortl»westcornefpF3aldScctian Lwhich hears OUWW of:;,4W.53 FahaK from a 5(&Inch hehar marlriRg the North i f4 cbvner ofvdd $9ak;v Y,Vwnca folkftHng the nr3rth 9r ly line nF Si Id NORhxrt dt 114,SW-rQ'12"E a dlmace of 1,1138,9R feet tp tile P AITOFBEGINN110. T�W"r1€e follpwing raid rhorrhprly inn,9$9'd2'12'E a clk1zn a of],7341J fret; henrp aomirq said nordh ly4Ino.5W12'2A"W a,dlttiltee of 571.21 feep 13sene iNE9'42'1.2'W a diblanlot rrf 2.389AS feet; Therrte 50573'14"E a dhtarKe of it711a3 feet, Mence 51135 fW ido%the ir[of a crew to the r4".said carve having a eadlus of SM.00 Feet,3 deln 911k Yt)5'4$'Qj ,a dwrd txarbM of SO$'O24YE aad a thdrtl 45[aNe#5819 Wt, Thetroe S00'1TdVW a dHfdlhce of 53b.61 keC Tf*om 57.35fret ab%1he arizof a€ucw tv I'm rt M said€rrniwha%nng a radlusoF SCO.00ke ,a delhh uNle of W'3-r 16",A dwrd 4var1ng pf 303'3 A'4WW,arrd a chord dlsumce of 57 02 ree[; Thgsrca•SQ6'S5'IMa d'ntance of UL.33 feet Thetioe57.B5 Peet alwhgtheaftofa curve tol eIeN,said airvehworiaaradtu. pf5p4.Qgketadklto ar1pfe of 06'37'416',a cmrd pr*arirtg of$p9 M'4b'W,and a chard dlslarhoe of 57.92(EeU TYher,pp 5W Y'4 "W a dutance of 9915M fast to the sduilhlrfy toe 41!Wd Nor Mwesl 1f4- Thenrx!Follow g said soulherlyhMr N83'Z.2'S4'W a AkltemsE ot5&03 teet to a brass€ap marhlrg thg ioolhKest cb-, r of the 50tflhe"1/4 of the Northwest V4 of saw Sertlgrr G; Thence:Ea,ihng said satflhed�I4Fhp and fglowiggtFw, Alnrhyfineof said fast V2of[heNarsln A119 CIO 54{t14n 6,POV26'A9`k a disnnw 4F 2,64"$fR4t ip tha POW OF BE61NNNG- &addparedeore ihtsel[d[eIof19.14avrs,mdtrbrI 2nd�sstihhieclsoapltbllrgeaaehn+M;ahldlgr hAgilsofy,'at'df remrd ar implied. ,Wtaal dI wv*hc;Kln hit fs Irsd hYthrli mlimmnoe is made a part hereof. S! 1 459,, p t. IMF Nwro Vilpw v W"-$4144r NO"*3ri3•lm.fi39."39•ernanxiip'4om FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -41 - 9.LAW H Frei Rd. K rf 4 eCRrQa 9kg:5 11F RE:ANG aoc a <W42'12'W 24oa.al' �3A9'i2'12"E itA9a.' rf564F��'1 1j]4.21'u P QINE ix p.� l+PN:A Partit,M 5S4M2t2d01, pp'] ' w SEE Ee: II .� f r 514NZ12ER1$Si+v0i62G[ 40 �y CI�J SMIM 5 t E{611NG Fw Fn-:i YrkY 28ne:RUT L lOT•' v-%Rl'-s] P oppcod:CIG R I�WT wMso-�rrthro-4„G AREA,19,19 tAF NW42'12'R 11@9.46' clmrH9wrC I &4emmert Lo;a 9Gs S1i�E I COT7 F,,P. 72.03'scsm: etles LLC IHV"lm&riu LLC I* I VC2 -06C1 4 AIfl 4i—R CL SE CCRHER GUO-t LW/ AUWE SELMON ME 3lh laar pk�cCi Sf114NWVA I � � I LINC I Unplal,10 I I N � $rr$HhEppyrtgsli[ W 11/4 CORNEA ,r+ CEhrER OF $FC1rON O GS' SECTiCIN 4 — - SET22'7D'' 167Q.P3' •• +• SE 1% ryY1 1/i UnPiFttYd Urplaltod 3 � W.Aristocrat 6r, Ei'aremrnen#Lai 6 Soo IDW ism 6 WRA TABLE tLded LdN]TH drLTA CHaW M CHWD QE 4'41%T P3YEQ'43'E M.24' C2 F37'1,b' *�0�3G'WW 5732' C3 rJT4r :03`a6'4TW 57,W r m-u wL lIFMr6 i71G N.'f tr/1111�0' 1L0�ai �aweo-n E3duhdL B F '"*per' Annexadon WICK C-G Zom rro-m. zaaao- SAET: Apex Zertlth Spgdrvision L OF 1 AFor0cmoff the CincrF the NW114aiSer-CT2N.RiE.W.CilyofWerdlIA.Ads COD*-LEoha FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -42- I. Annexation Legal Description& Exhibit Map for R-15 Portion 6" E N 6 1 N E E!I N O Sgstenrher24'2 2A fko*1 rY*-'22-M Am Zv*m SubdPA*n &1h1WIA Legal daxrlptlort FcwAmmortion with 11-16 Lora A paKel of 44bd b-rg a Pork Iorr Df#hip tog 112 Pf Chi`Northwest Lf4 of Sertkan 6,Township 2 Nosh, Motu 1 East,B m..CItvGN Mcrhylan,Ada county.Nano 4elllg mare particLufly des 0edas Ierpws- 9£GINN NG at a 512-iarh rebar marklog the Southeast aornerof said Southeast 114orthe Ncrthvras't L/4�Cewter 114 mrrwo,Which trtars 5Uo W25"W a dlsrance-of 1,324.42foo hvma 518-inch reWr narking the Northeast cotmxw 0 sald Southeast 114 of the Northwest IA�Smrtheast rAmeraf Governmerll Lo]3).thence Fo owing the southerly Ilne or!ism Sout"st V4 ad the Uorthwem I/d, N99'22'50'4V a distance or ,2-6A.48 feet; Thence Iem -4 sold southe rlyf Wrm,No0'17'48"f a distance of 990.08 feeq Tkmce 57.35 feat alome OW im of a turv@ W Ina rot,sa Id curve having a radius of 5015-00 feet.a delta angle of 06'374b',a chard bearlltg of N 93'36'A4'rt and a chord distance of 57.32 fit, licence W]6^55'33'E a dlstame of 115-3I feet Thence 57.95 feet along the ore of o curve la the lefts card curve hw tg a radius of 9W.04 feet,a delta anph►of 06'JrW,a Chord bear■Tv44f Na93'db'4o'E,jknd a chard dlstanceof 57.82 feet; Thence N00`17'd8'E a dI#tartce Of g35,ft1 Ifa!f; Theme 5S_33 feet along the arc or a curve Id the kit,sold curve hewing a rddkri df 5M.99 t.a Wta angle of r16'43'IB2"r s dm rd hear'rg of NOH'OT43"W and a d1 Drd distanre of 59,29 feet, Tbgr"NOE-23'14"W a dlskA&H a of I n.03 Feel; Therms SH'42'12"E a(1lslanoe 001.189.45 foci; Thence 9DN1'12'25"W a distant!of 756.18 ket ti)a 5J&Incn mbar ort the spulherlp fine of GaveFnment Lot 9; Thence fallowwg sold saulh tIV ine,S N'21'.Irf a distance of 712.9E feet to a 5}$-inch Febar marking tha sduFhsa#moor of said Goyorewem"t col 3; Thence leaving Bald soulherly line and fo Woveltg Me laittriy ilne of Iht SoUtnea A 114 of the Northwest 1/4.50 '8b'2$" V a dlsranre of 1,124A2 feet to the MNT OF BMPONING. Saud parcel conrairm.a total Df 58.52 acrer,mare ar Igs�.and is wbiwa to ai ewallrlg easements and/or cots-o-waV of record aF imphed. Attwhedrlrtrt'to is Exhibit ammo by thisiefeeerlCe Is m clea pan hereof. 4 1 469 er E5 Of # 5125 rowth dkrtorenr W&y•Eelse,kUKa 55715•206,6","55.Yrmoi fllp earn FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -43- NE CORNER G4V`F LW 3 L L■ke tiJf1C1 Rd, F��F�_pr'lt —Rfh i rn 91�� NW CCG r*E t PARCEL s-Ecr aw r UNE CWT Jnvaslrnems LLC j G y r11mMC Lit 3 j SOV42421 1169AW I Government fiavwrrm- t Lot 4 I Lot 2 I C3 sc5H firigh:an pr4p;r¢t�LGC Investments LLC J PARCEL } LINE a Sf RW LOT E1 ti I RF C2 REZONE SW27'39"E Gr'T LOT"f wm-35.33-t BOUNWY 7P-99 SEc{IOt4 UWE 113.33' j 5t5M F'ropertks LLC Ccmmmem Lpt S *❑ I SE>tf<Nw iI� PAMEL NE APN:A Portlon of 51400 i2401. � I. Unpli[ted 51406212601&51A0�67 QUO rs0 I Zone.RUT `w j Proposed:R-15 Aria:5&52IAC iDINT 11 1/4 CX7NtIfR CENTER 1J-+ R^" y 12J54.90' � SECT14N 3 Y89r2xSa'4r �s2n,�3' SF CORrUIR Unpratt*d Unplatted Cpefi LOT S W.Ariftmor Dr, GGW4rnn'W t LW.G f 0 5D) 1000 ISM E � PFao Srale-1" 5E1f1' CURVE TABLE tJNf 1ARE €LJR4E WA LS Uh6lH DELTA CHp OR* CHWG UNE KMI14G BISTANCE C1 540.40' 57.E3' 1rP 46' hPffj-M'40'1 57-92' 0-1 NG6'2a"KV 172,03- km C2 340,00' 57.W 637'4a' MM'S9'4D"E 57-B2' S C3 5d0,00 56,33 'Er4i'42' M03'02'43'W $0.20' EMC-PINE19IN0 }7:iYLYII QLLO Mmay,. a l�6C M14�AlY �to,�IrM c�w� Exhibit 6 Annexation with fk-15 ZonE .wggp a,an SHEET- Apex Zenith SubdMsiort 1 OF t ALPortionufthcE 1(2 at She r;W lf4 0150C9on 6,T2N,RSE_SM.CJ<r of MerldlaM Ada Countyr Idaho FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -44- J. Rezone Legal Description&Exhibit Map km SepMmb6F 24,2024 Prolett rk.-.22-075 Aped zenllh suhdkrlann fed IM A Lqwa aoaaVkkm for Raoroe Froftt 9-4 up C-G A parcel oI land being a all of Government Lint 4 aW a pOr[ki IN 01 Governr enL Lint 5 of 5ecuon 6, Township 2 NGrth,Rwav 1 East,Q.M.,Cily-oFM;tr;tllrn,Ads County.Idaho delns more particu4rly demrlhed as fpppws' BEGINNING at an Mum lnurn cep marki rrs the NortihWese corner of smid!Section 6,wNch hen es WWdZ'U'W 4 dUlAnce of 2,491).$1 feet from a 5M-trxh rehar mmklrrg the Northeam coiner of Govemment Lot 3 of said Section 6,thence following the northerly line af Bald GDverrmen4 Lot 4, 504'42'12'E a didwwm of 1,189.90 fret to t�v no H heart obFnnF of said Go4ernrnen1 Lot 4; 7 +U0 leavingsplell ntrtherly Yne and foliowing the easterly Ilneof sa id Government Lai 4r S00'2.6'41'W a dlstanoeof 5&*Ttnthe southeast corner 01 said GDvefrwnent Lac 4IrmInihoast corner al Government Lot V; Them leaWn j said easiefty line of I;m4vr!nment Lot 4 and following the easterly Ilne OFGOVErnment Lot 5,50172VA9'44 adi=nce of 1.322.51 feet ID a brass rap marking the southeast comer of Said Gowmi-rient Lot 55; Thence ledw irq said earstefly llr*.arrd foDowing the soulherlyt llne ad said Ggwemmem Lnt 5, N8T2Z'5(rW a distance of 350A0 feet to 5/&inc4 rehar; 1111b"a kaviog sloW SbulhOrly sot,N00'37'110"E 4 cpslaace 46 23.513 feet fin the Eanterline of W. Arl9wrat Or Tlien€e fallowing said centerline the fallowing tw02)couroes: 1- N89'22'5 "4w a di%tar'ree 0f A29.48 fret; 2- 91_o1/get pbprrg the arc of a€urm to the l=fl,sa Id tuxve Having a radius of i80.o0 feet,a defts alagle Gf 29'36'24",a rha d bearing of575'4WS9'W,and a chard diit4rw�t 04 91.48 feet co the sauther.ly litre`of mid rimarrmlent lot 5; Thence leaving said renterhroe aPd Viewing said sourthi!dy liner NB9'22r&G-W a distance Df 340.691eer to#n aluminum cap markIngthe West 1J4 corner of said Section 6; Thmx*reavlrtg said sotacrlp Me and folIawlogthe weatrrly line of said Gaveerrrserrt Lot 5, iN%r51'WF a distance of 369,97 feel; Thence leewrl erg said westerly liner S99'49'S4'E a distance of 84.12 feat to a 5/8-Inch rehar wit the eaaLe,ty rggHt•of•wby of Wrldieh%S./Slbtt Highway 69; Thence Waving said awarty rlght,of-way.N89'5U'15'E a distance of 120-87 feet to a 112-Inch rebar, Therwe SrSd`SIMS"W a dlstanoe of 50-C4 feet to a 112-Inch rebar, Thence NB9'W15"f a dlstanceal 113OL40 Iret m a In-Inch feber; Thence Pil7t7'51'05'€a distance of 150,00 feet to a 0-inch#ctv, ihsnee 599'50'1$"W a dirllam*of�M.70 fart to a 519-Inch rehar on said easterly Flight-of•Way; Thence IeaWng said easlerty right-0f-way,N89-EW54-W a dl5tanceinf 05.69 Itet ro the westerly kne of said Gowemment Lac 5; Theme*frtllowlhg said vyfxicriy rime,N11W%'0fi'fe a distanmof 85a5l feet to the northwest rorner of wiCP Gpugrnment kpt 41wulhwe5t Corner cif Govemment Lot 4f; Thence"vir g said weswrty line of Gw m rei errant Lot 5 end fallowing the we7t4p0y Kne of said Vormnrr"t Let 4,NOU51'061 a dislaweof 1, 008 feet to the"HTW RMIKNNG. 5725 Nona olteowrery YWY•aolsor 6d44o W47U• •Ym■nlllp-com FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -45- E.Lake F1aFel Rd. K CORWR 9A515F EsRING iT LOT 3 NE9.42'12'W 249a,wl' PM? Or` � -'.1B9.9B'+��{r FJ47 r/" a{"—"� $632' F3EpFI1NG EX.7l vG P"T—Oir—WAY, SECTION fi {HH]"H VARIE 3 hUoo DWT Inwg$jnWFjts LLC Pmp4rt of LLC Irw"lmIrnts L4[ Gqv$mm ent i GbvernmehL Lot A I Lot 2 o P I LY y 44yy M S14MMOL4 otifern{nent Loi 3 i LD n Z";R- } Promsed'Chi I _ AREA:7l.4a±AC SE CORNER a G4'`T I oT 3 C4V'T LOT/ �EzaF aoLoAr I SECT1dN uWC Gawemment Lw 5 SE Lj+c NW f/Q I 3 z SB9'S�'15'•M' Fpf[)'S1'o6 2 St5FF 1�roperties LLC L4 , w 1/4 OD"R NOT22'SO�f CENTER W SECTION 9 4 3LCIl4rl G m r*SOAO' N&w2.2'W'W N0f3T'1{]'E ME9'22'50'' 157rcLa ' - a .140.59' 23.5V SE CGRP ER lJnplettsd UnplOted MMT = S R W AriS 000 CW- CiQv�nment UK 6 .r 0 504 1000 Mo UNE TAAL-E Plan Scale.V=500' Loye WMING WTANCf . f CURVE TABLE L1 S6 W'S4'E Ba.72' i T1EPVF FxCALS LEMTH CELfa OHC EPOP4 CHORD L2 NAGrM'7S'E 120,87' e Cl 1&0A4'L9jA1 �W.SW22- SM-W59W 91.9v 13 $=a1'04,W 3a-W L NOW50'WE ;1910.14'L5 NOO"�1'WE 4170•L6 NEW08'54VG-N' 3FiF f�PTN 449R+�•++�' ,E Exhibit B Rezone From RA to C•G mniocr: nsa s SWEEt: Apex Ze4ffi SubdivWon 1 OF I Gow-lot 4&a Portlon 00 Gov,Lot S of SKtlon 6.T2-N.Rif,2 M.M of Meridlan,Ada Cauntw.ld;Ow FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith-H-2024-0052) -46- W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Black Cat East H-2024-0047) Between City of Meridian, Meridian BC Holdings LP, St Lukes Health System Ltd, Meridian BC 2 LP, and Meridian BC 1 LP for Property Located at 935 S. Black Cat Rd. ADA COUNTY RECORDER Trent Tripple 2025-005936 BOISE IDAHO Pgs=37 BONNIE OBERBILLIG 01/29/2025 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE FIRST ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES. 1. City of Meridian 2. Meridian BC Holdings LP 3. St Lukes Health System Ltd 4. Meridian BC 2 LP 5. Meridian BC 1 LP THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT("ADDENDUM") is made and entered into this 28thday of January , 2025,by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Meridian BC Holdings, LP (owner of Parcel Nos. S 1216131201 & S 1216417241), Meridian BC 2, LP(owner of Parcel No. S 1216141821), Meridian BC 1, LP (owner of parcel No. S1216417301) and St. Lukes Health System Ltd (owner of Parcel No. S 1216141801) (collectively,"OWNER/DEVELOPER"). Meridian BC Holdings LP, Meridian BC 1, LP and Meridian BC 2,LP have an address of 12709 E. Mirabeau Parkway, Suite 10, Spokane Valley,Washington 99216; St. Lukes Health System Ltd has an address of 190 E. Bannock Street, Boise, Idaho 83712. RECITALS A. CITY and Kayla Rich and Jason Rich, and Chester Properties, LLC entered into that certain Development Agreement dated September 27, 2022 and recorded September 28, 2022 as Instrument#2022-082504 in Ada County Records (the "Development Agreement").All capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in the Development Agreement. B. Kayla Rich and Jason Rich and Chester Properties, LLC have conveyed their interest in the Property to OWNER/DEVELOPER. C. OWNER/DEVELOPER submitted an application to annex and zone an additional +/- 3.14-acre parcel of property located at 935 S. Black Cat Road, Meridian Idaho (Ada County Parcel #S 1216417241) (the"Additional Property") and to modify the Development Agreement for the purpose of including the Additional Property within the Development Agreement and to add the conceptual development plan and building elevations for the Additional Property. D. The Meridian City Council approved OWNER/DEVELOPER'S annexation and zoning and development agreement modification applications pursuant to the December 17, 2024 Findings of Fact, Conclusions of Law and Decision & Order("Modification Findings"),which is attached hereto and by this reference incorporated herein. E. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, subject to the terms and conditions of this ADDENDUM, which terms and conditions FIRST ADDENDUM TO DEVELOPMENT AGREEMENT—BLACK CAI'EAST 1-1-2024-0047 have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511 A. AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and, with respect to the Additional Property, the following additional terms: a. Future development of the Additional Property will be generally consistent with the concept plan and conceptual building elevations included in Section VIII of the Modification Findings attached hereto as Exhibit"B"and the provisions contained therein. b. Notwithstanding any provision in the TMISAP development guidelines or the Architectural Standards Manual,the eastern facade of the conceptual building depicted in Section VIII of the Modification Findings shall satisfy fenestration requirements by incorporating a minimum of 10% fenestration on the northern half of the eastern facade. c. The east side of the building shall incorporate landscaping at the base of the building to provide pedestrian scale elements and break up the wall plane. 2. The Additional Property, legally described on Exhibit B, attached hereto and by this reference incorporated herein, shall be subject to the terms and conditions of the Development Agreement and this Addendum as of the date herein above written. 3. The Additional Property will be developed in accord with the Modification Findings. 4. That OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian and the Additional Property shall be subject to de-annexation, on the terms set forth in Section 7 of the Development Agreement, if the OWNER/DEVELOPER, or their assigns, heirs, or successor shall not meet the conditions of the Development Agreement,this Addendum, and the Ordinances of the City of Meridian as herein provided. 5. This Addendum 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 Addendum shall be binding on the OWNER/DEVELOPER of the Property and Additional Property, each subsequent owner and any other person(s) acquiring an interest in the Property or Additional Property. Nothing herein shall in any way prevent sale or alienation of the Property or Additional Property, or portions thereof, except that any sale or alienation shall be subject to the provisions herein 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 FIRST ADDENDUM TO DEVELOPMENT AGREEMENT-BLACK CAT EAST H-2024-0047 recordable evidence of termination of this Addendum if CITY, in its sole and reasonable discretion, determines that OWNER/DEVELOPER has fully performed its obligations under the Development Agreement and this Addendum. 6. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 7. This Addendum, together with the Development Agreement, sets forth all promises, inducements, agreements, conditions, and understandings between OWNER/DEVELOPER and CITY relative to the subject matter herein, and there are no promises, agreements, conditions or understandings, 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 Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and,with respect to CITY, duly approved by the City Council. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Additional Property herein provided for can be modified or amended without the approval of the City Council after the City Council has conducted public hearing(s) in accordance with the notice provisions provided for an amendment in force at the time of the proposed amendment. 8. This Addendum shall be effective as of the date herein above written. 9. The Recitals set forth at the beginning of this Addendum are incorporated herein and a part hereof. 10. Except as expressly amended by this Addendum, all terms and conditions of the Development Agreement shall remain in full force and effect. [End of text. Acknowledgments, signatures and exhibits to follow] FIRST ADDENDUM TO DEVELOPMENT AGREEMENT-BLACK CAT EAST FI-2024-0047 ACKNOWLEDGEMENTS IN WITNESS WHEREOF,the parties to this Agreement have caused it to be executed. Dated this 28th day of January , 2025. CITY: CITY OF MERIDIAN, an Idaho municipal corporation By: Robert E. Simison, Mayor 1-28-2025 ATTEST: Chris Johnson, City Clerk 1-28-2025 STATE OF IDAHO ) : ss. County of Ada ) On this 28th day of January , 2025, before me, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons 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 first above written. Notary Public for Idaho Residing at: Meridian, ID My Commission Expires: 3-28-2028 OWNER/DEVELOPER: MERIDIAN BC HOLDINGS, LP, a Delaware limited partnership By:ATSAW GP, LLC, a Washington limited liability company its General Partner By: AT GP L , a Was gton mited liability company its M age By: TiW6ffij4olff its Manager STATE OF IDAHO ) SS. County of Blaine ) On this fl ,day of ,►,t,r�.tt/ 2025, before me, a Notary Public in and for said State, personally appeared Timothy Wolff, known or identified to me to be the Manager of AT GP/M LLC, a Washington limited liability company, the Manager of ATSAW GP, LLC, a Washington limited liability company, the General Partner of Meridian BC Holdings, LP, a Delaware limited partnership, who subscribed said limited partnership's company name to the foregoing instrument, and acknowledged to me that such limited liability company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Souttoommua Notary Public for Idaho 6a53o Residing at: KeTG HTJw� NOTARY PUBLIC STATE OF IDAHO My Commission Expires: to/27 /Z0 Z.6 MY COMMISSION EXPIRES 1012712026 OWNER/DEVELOPER: MERIDIAN BC 1, LP, a Delaware limited partnership By: ATSAW GP, LLC a Washington limited liability company its Manager By: AT GP/M, LLC a Washington li liability company its Manager By: \ Name: Timothy olff Its: Manager STATE OF IDAHO ) ss. County of Blaine ) On this I ZAday of �^}rlcly}�� , 2025, before me, a Notary Public in and for said State, personally appeared Timothy Wolff, known or identified to me to be the Manager of AT GP/M, LLC a Washington limited liability company, the Manager of ATSAW GP, LLC, a Washington limited liability company, the general partner in the partnership of MERIDIAN BC 1,LP,a Delaware limited partnership who subscribed said limited partnership's company name to the foregoing instrument, and acknowledged to me that such limited liability company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set a d d affixed my official seal the day and year first above written. Notary Public for Idaho =NOTARYPUBLIC Residing at: �'fALohh� - My Commission Expires: /o l L7/ Zo 10127/2026 OWNER/DEVELOPER: MERIDIAN BC 2, LP, a Delaware limited partnership By: MERIDIAN BC 2 GP, LLC a Delaware limited liability company its General Partner By: ATSAW GP, LLC a Washington limited liability company its Manager By: AT GP/M, LLC a Washington limited liability company its Manager By: Name: Time by Wolff Its: Manager STATE OF IDAHO ) Ss. County of Blaine ) On this Lq6 day of,1490jjf,) ' 2025, before me, a Notary Public in and for said State, personally appeared Timothy Wolff, known or identified to me to be the Manager of AT GP/M, LLC a Washington limited liability company, the Manager of ATSAW GP, LLC, a Washington limited liability company, the Manager of MERIDIAN BC 2 GP, LLC, a Delaware limited liability company, the General Partner of MERIDIAN BC 2, LP, a Delaware limited partnership,who subscribed said limited partnership's company name to the foregoing instrument, and acknowledged to me that such limited liability company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand d affixed my official seal the day and year first above written. scott�0roun Notary Public for Idaho NOTARY PUBLIC Residing at: e<15rcffuw STATE OF IDAHO [my COMMISSION EXPIRES 10/2712026 My Commission Expires: is/2�/LoL,C OWNER/DEVELOPER: ST. LUKE'S HEALTH SYSTEM, LTD., an Idaho Non-profit Corporation By: Name: Its: asy , Niles aou 6af Ffi(-e-✓ STATE OF IDAHO ) ss. County of Ada ) On this — day of Jar)u:cy� , 2025, before me, a Notary Public in and for said State, personally appeared t`1C� .�Or.�j�y- ,known or identified to me to be theaie.[•9-owtiol 046of ST. LUKE'S HEALTH SYSTEM, LTD., an Idaho Non-profit Corporation, the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. *••.•'•• % N�Rtil�1'`,, Notary Public for Idaho =•,t� !�.�' 49,�� C Residing at: hj�°, • N()TAR)? My Commission Expires: SDI I�]�r�r 0 i j%'% q► ��• ADDITIONAL PROPERTY LEGAL DESCRIPTION fe— T H E Page 1 of 1 .i ry LAND GROUP July 17. 2024 Project No. 121102 EXHIBIT A BLACK CAT ROAD— BUILDING L ANNEXATION DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 16, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the East Quarter Corner of Section 16 of said Township 3 North, Range 1 West, (from which point the Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North, Range 1 West bears South 00'43'07" West, a distance of 2656.35 feet distant); Thence from said East Quarter Corner,South 00'43'07" West, a distance of 99.88 feet on the East line of said Section 16 to the POINT OF BEGINNING; Thence continuing South 00' 43' 07" West, a distance of 454.28 feet on said East line; Thence North 89' 16' 53" West, a distance of 347.82 feet; Thence North 00' 46' 01" East, a distance of 454.28 feet; Thence South 89' 16' 53" East, a distance of 347.44 feet on said East line to the POINT OF BEGINNING. The above described parcel contains 3.62 acres more or less. PREPARED BY: THE LAND GROUP, INC. T ND a '7880 � 7-17-2024 James R. Washburn �'V OF WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Rrw — — — R/W 141E 114 — — — R/� o � SEC. 16 M o of R S89° 6'53"E 34 1 7.44' o P.O.B. 0 � O � 0o c�� OC � N N � � � � Q `t BUILDING L PARCEL `r `V Q w i 3.62 Acres± F r o i (157,922 Ft2) M C 0 0 a 0 0 o m o C/) C/3 F� O I h i i I i N89016'53"W 347.82' 00 o�py LAArjj "'t o z a 7880 0 � 7-17-2024 S.16 I S.15 4 -41Te OF S.21T S.22 = SR.WA� _ SE COR. SEC. 16 Exhibit "B„ 0 100' 200' a Horizontal Scale: 1" = 100' 121102 - Date of Issuance:July 17,2024 % THE Building L LAND Black Cat Industrial o GROUP Annexation Description r MODIFICATION FINDINGS CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW WE Nty AND DECISION& ORDER In the Matter of the Request for Annexation and Development Agreement Modification, by Sawtooth Development. Case No(s). H-2024-0047 For the City Council Hearing Date of. December 3",2024 (Findings on December 17",2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 3`d,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 3rd, 2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 3`d, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 17', 2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 3rd, 2024, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - I- be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and a Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 3',2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -2- City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 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. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, 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. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(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. G. Attached: Staff Report for the hearing date of December 3`a,2024. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -3- By action of the City Council at its regular meeting held on the 17 day of December 2024. COUNCIL PRESIDENT LUKE CAVENER VOTEDAYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-17-2024 Attest: p j � SEAL Chris Joh on 1 -1 2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 12-17-2024 BY: ��f..� r,"��(.�` �%`�1 Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -4- COMMUNITY DEVELOPMENT �E DEPARTMENT N --- DEPARTMENT REPORT HEARING I 1/7/2024 - Legend DATE: Project Location TO: Planning&Zoning Commission Area of Impact i= City Limits FROM: Nick Napoli,Associate Planner Q Analysis 208-884-5533 nnapoli@meridiancity.org -------- APPLICANT: Brandon Swanson SUBJECT: H-2024-0047 -- - Black Cat East 9 --- , LOCATION: Located at 935 S. Black Cat Road in the NE 1/4 of the SE 1/4 of Section 16, T.3N., R.l W. - I. PROJECT OVERVIEW A. Summary Annexation of 3.62 acres of land with the I-L zoning district to construct an approximately 74,365 square foot industrial building. This application also includes a modification to the development agreement to include this property in the development agreement for Black Cat Industrial(H-2021-0064). B. Recommendation Staff. Approval Commission Recommendation: Approval C. Decision City Council: Approved FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -5- II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential in Ada County - Proposed Land Use(s) Industrial - Existing/Proposed Zoning RUT Ada County Zoning/I-L(Light Industrial) V.A.2 Future Land Use Designation Mixed Employment V.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 7/25/2024 Neighborhood Meeting 7/18/2024 Site posting date 10/28/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District III.D • Comments Received Yes - • Commission Action Required No 1 - • Access W.Grand Mogul Way and N.Black Cat Road(Collector and Arterial roads) • Traffic Level of Service Better than E ' - ITD Comments Received Yes Meridian Public Works Wastewater 1 • Distance to Mainline Stubbed to site • Impacts or Concerns No Meridian Public Works Water • Distance to Mainline Stubbed to site • Impacts or Concerns No Note: See section IV. City/Agency Comments & Conditions or the public record at Public Record for agency comments received on this application. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -6- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview The subject property is within the Ten Mile Interchange Specific Area Plan (TMISAP) and designated as Mixed Employment on the Future Land Use Map(FLUM). This designation is described by the TMISAP as an area to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. Mixed Employment areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises. Mixed density employment will accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. In the Mixed Employment FLUM designation,the preferred zoning is M-E,however other zones may be appropriate when/if it is determined the requesting zone aligns with the vision of the plan and integrates with surrounding properties. The applicant is requesting to annex this property with the I-L zoning district. The reason for their request for this zone is to integrate the proposed development with the existing Black Cat Industrial development that is currently underway, which is also zoned I-L. Staff finds I-L zoning is appropriate for this property based on the development occurring in the area. Table 4: Proiect Overview Description Details History H-2021-0064 AZ;DA Inst#2022-082504 Acreage 3.62 acres B. History and Process This property was part of the initial application for Black Cat Industrial(H-2021-0064),but it was not annexed at that time. The applicant is now seeking annexation to integrate this property into the surrounding development and align it with broader planning efforts in the area. While I-L is not the preferred zone in the Mixed-Employment designation,the City Council previously approved a request for this zone in the surrounding development. Due to this,the applicant requests the same exceptions granted by the City Council in the previous application to ensure cohesive and consistent development. The development agreement stipulates that certain road improvements are required when specific square footage thresholds are met. Currently,the site has 559,295 square feet of industrial space under development, and this application will bring the total to over 600,000 square feet once constructed. When the total exceeds 960,000 square feet,the following improvements shall be completed prior to 1,500,000 square feet being reached per the DA and ACHD recommendations: Black Cat Road will be widened to five lanes between Grand Mogul Drive and Franklin;the intersection of Black Cat and Franklin must be upgraded; and the intersection of McDermott and Franklin will need to be improved with a two-way left turn lane unless Franklin has already been widened to five lanes. Note: City Council previously found that the Center met the goals of the TMISAP. The inclusion of the Property within the Center's boundaries is a continuation of that approval and allows the Property to be developed in accord with the larger industrial business complex. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -7- C. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): The applicant seeks to annex and zone the property as Light Industrial(I-L),which allows for a variety of uses. The narrative states the Black Cat Business Center would provide in- demand manufacturing,heavier office build-out, flex industrial and accessory retail, warehousing and distributing facilities in this region. Currently,the existing Development Agreement limits certain activities, specifically prohibiting"storage facility, self-service"and vehicle impound sales and repair unless conducted entirely indoors. This restriction aims to support industrial users and job creation. The property will remain subject to the same Development Agreement provisions,along with additional requirements as specified in Section III. According to the concept plan,the predominant use appears to be warehousing and distribution,which is consistent with the surrounding area and aligns with the City Council's previous approval. Given this consistency, staff recommends that this parcel be developed in accordance with that approval to ensure an integrated approach. 2. Dimensional Standards (UDC 11-2): The I-L zoning district requires a 35' street setback,20' landscape buffer along collector streets, 25' wide buffer along arterial streets, and allows height up to 50'. The concept plan and elevations submitted appear to meet these requirements. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 20-foot wide landscape buffer is required adjacent to collector streets (W. Grand Mogul Drive), and a 25-foot wide buffer required adjacent to arterial streets(S. Black Cat Rd). These buffers shall be landscaped per the standards in UDC 11-3B-7C. Landscaping requirements will be analyzed with the Certificate of Zoning Compliance. ii. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-313-8. The requirements include 5 ft.perimeter adjacent to streets and islands of at least 50 sq. ft. per every 12 parking spaces. These requirements will be analyzed with the Certificate of Zoning Compliance. iii. Tree preservation A Tree Mitigation Plan should be submitted with the Certificate of Zoning Compliance detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-1OC.5. iv. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along S. Black Cat Road. v. Pathway landscaping It appears that 5 feet of landscaping is provided on both sides of the proposed pathways. However,these requirements will be analyzed with the Certificate of Zoning Compliance. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -8- 2. Parking (UDC 11-3C): i. Nonresidential parking analysis UDC 11-3C-6 requires one space for every two thousand(2,000) sq. ft. of gross floor area in industrial districts. The applicant is proposing 69 parking spaces on the concept plan which exceeds the 37 spaces that are required with the building(74,365 square feet). ii. Bicycle parking analysis A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is not depicted and the plans shall be revised to incorporate the location of the bicycle parking with the Certificate of Zoning Compliance submittal that meet these requirements. The applicant has agreed to include bicycle parking with future submittals. 3. Building Elevations (Comp Plan,Architectural Standards Manual): Goals 5.01.02C and 2.09.03A of the comprehensive plan promote area beautification and community identity through heightened design standards providing distinct and engaging identities. In response,the developer is proposing a large one-story industrial building(with higher ceilings and upper windows to appear as two-story)comprised of tilt-up concrete,moderate to large setbacks from the street,and frontages below the required 30%fenestration requirement along public streets as mentioned in the ASM. Primary entrances are oriented inward toward the parking lots rather than toward the street(N. Black Cat Road). The applicant's narrative states that due to security and visibility concerns, lack of access to directly to Black Cat Road,and frontage parking being discouraged, the light industrial use of the buildings does not support windows across the entire frontage.As an alternative,they propose enhanced glazing at corner entry elements as shown in the renderings. The Architectural Standards Manual requires modulation in the surface plane at intervals of no less than 50 feet. It also requires at least two pedestrian-scale architectural features and physical distinctions to anchor the building, along with a minimum of two different field materials and one accent material. The DA mandates adherence to the TMISAP design guidelines and the ASM. Since the ASM sets a more stringent requirement of 30% fenestration compared to the 20% specified by the TMISAP, compliance with the ASM(30% fenestration) is necessary. However,the applicant may request a design standards exception during the review process to potentially reduce the fenestration to 20%in accordance with the TMISAP. Given the building's prominent location at the corner of Black Cat and 1-84,the applicant shall increase the fenestration to meet the 30%requirement or apply for a design standard exception. This adjustment should be evident on the northern section of the east-facing fagade,which is visible before the overpass. Additionally, staff recommends adding landscaping at the base of the east fagade to create pedestrian-scale elements while helping break up the building's fagade. While staff believes the current proposal may struggle to meet all design requirements outlined in TMISAP for Mixed Employment—such as variations in building height,primary frontage orientation, and ground-floor transparency—the City Council previously determined that the Center met TMISAP goals. Including this Property within the Center's boundaries FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -9- continues that approval and allows for its development in alignment with the larger industrial business complex. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.0213 emphasizes reducing the number of access points onto arterial streets by utilizing strategies such as cross-access agreements, access management, and the creation of frontage and backage roads,while also improving connectivity between local and collector streets. Access is proposed from W. Grand Mogul Drive(a collector street)using an existing curb cut and private drive aisle leading to this property. The road infrastructure in the surrounding area is as follows: W.Franklin Road to the west of the subject property is presently 2 lanes with no curb, gutter or sidewalk. S. Black Cat Road. is presently 2 lanes with no curb,gutter or sidewalk. The ACHD Capital Improvements Integrated Five Year Work Plan(IFYWP) shows the intersection of Franklin Road and McDermott Road to be constructed as a multi-lane roundabout sometime after 2027. Black Cat Road is listed to be widened to 5 lanes between W. Overland Road.to W. Franklin Road in 2036 to 2040. W. Franklin Road. is planned to be widened to 5 lanes between W. McDermott Rd and S.Black Cat Rd sometime after 2028. W. Franklin Road is eventually intended to connect to SH 16 by a signalized intersection. In 2022, a traffic impact study was completed with the previous application and is not required with this application. However,the TIS addressed concerns regarding traffic from this development and it was found that the infrastructure will be able to manage the 2.2 million square feet that will be developed within the broader project. This property was included in that scope. Since this approval,there has been a significant amount of development in the vicinity that is either being built or has been approved. This includes 378,360 square feet of commercial and industrial uses across Black Cat Road as a part of Farmstone(H-2023-0045),256 residential building lots to the northeast as a part of Avani Subdivision(H-2023-0049), 552 Dwelling units as a part of Vanguard Village, 330 single family lots and 240 apartments as a part of Braya Subdivision, and a large amount of commercial, industrial, and residential in the District at Ten Mile,which contribute impacts to the area roadways. These developments also have requirements and restrictions on development until certain road improvements are completed. Specific to this applicant,the development agreement specifies that certain road improvements are required once specific square footage thresholds are reached. Currently,the site features 559,295 square feet of industrial space under development,and this application will increase the total to over 600,000 square feet once constructed. When the total exceeds 960,000 square feet,the following improvements shall be completed prior to 1,500,000 square feet being reached per the DA and ACHD recommendations: Black Cat Road will be widened to five lanes between Grand Mogul Drive and Franklin; the intersection of Black Cat and Franklin must be upgraded; and the McDermott and Franklin intersection will need enhancements, including a two-way left turn lane,unless Franklin has already been widened to five lanes. 2. Multiuse Pathways and Sidewalks (UDC 11-3A-17) (UDC 11-3A-5): The previously approved multi-use pathway is located along W. Grand Mogul Drive. This application proposes an extension of the detached multi-use pathways along the collector road(W. Grand Mogul Drive). However,the applicant has informed staff that the 10-foot multi-use pathway has already been installed. Staff will require the pathway to be shown and FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 10- dimensioned as 10-feet with submittal of the certificate of zoning compliance. The concept plan also includes a 5-foot detached sidewalk along S. Black Cat Road,which terminates in the middle of the parcel. ACHD has approved the construction of a 5-foot detached sidewalk, and staff supports this recommendation because a 5-foot detached sidewalk has already been constructed on N. Black Cat north of this site.While the City usually mandates a 10-foot detached sidewalk along arterial roads,discussions with the applicant,ACHD, and the Parks Department have led staff to favor the 5-foot width in this case. Furthermore, staff recommends installing signage to alert pedestrians about the sidewalk's end. Additionally,the concept plan indicates detached sidewalks of an unspecified width paralleling the new collector street on the north portion of the site. There is no pedestrian connection from this sidewalk to the front entrances for any of the suites. The applicant shall provide a pedestrian connection point to the entrances of the suites. If the pedestrian walkway crosses vehicular driving surfaces, it is required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the development as set forth in UDC 11-3A-15. 2. 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. 3. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division Prior to approval of the annexation ordinance, an addendum to the 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 certificate of zoning compliance shall not be submitted until the amended DA and Ordinance is approved by City Council. The addendum to 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 addendum to the DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 11 - a. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VIII and the provisions contained herein. b. The applicant shall comply with the design standards in the existing development agreement(Instrument# 2022-082504)with the addition of the following provisions. ArehiteeWfal Standards Manual or apply fOF a design standard exeeptie fenestration to meet an average of 3090; of feaestr-a4ion r-e"ir-ed in the ,; in aeeer-danee with TA it • "Notwithstanding M provision in the TMISAP development guidelines or the Architectural Standards Manual, the eastern facade of the conceptual building depicted in Section VIII of the Modification Findings shall satisfX fenestration requirements by incorporating a minimum of 10% fenestration on the northern half of the eastern facade." • The east side of the building shall incorporate landscaping at the base of the building to provide pedestrian scale elements and break up the wall plane. Planning Division comments related to future application submittals: 1. Provide a pedestrian connection point to the entrances of the suites. If the pedestrian walkway crosses vehicular driving surfaces, it is required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks. 2. Signage shall be installed ahead of the pathway ending along N. Black Cat Road to warn pedestrians of the ending walkway. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 12- B. Meridian Public Works +,wastewater olstance to Sewer Awailabde at Site ServirR5 + Sewer Shed ■ Estimated PFOjeCt See appl Itation Sewer ERU's r WERF Declining Palarrcp Project Corrsisteryt y25 with WW Master Plan{Facili rPlan + Impacts{enrroerns • + See Publ le Works Slte S cilfic Condltians Water + Dista rice toWater Water Avail abieatSite Services + PressumZwe • Esti mated Project See appl leatlon Water ER Ur, • )NaterQuality None + Project Consistent Yes with Water Master Plan IfnPacWCGnQrri% Nof1E>- NON-PLAT CONDITIONS PUBLIC 4VOKY4 DEPARTLMENT Site Specific Cond Wow of Approval I.. if a W01 a 1pcated On the site it rnLLst be abanduned per r uiatury nyuirrmci t+,and pmnf of abandonrticni must be provided w the City. 2. Ensure no sewer services pass through infiltration trettcks. 3_ Provide 20'Easements for mains_by&rant laterals and water wvices. Easements should extend up t-r the end of main+hydnindwmLe metrr And l4'beycmd it- 5- No permanent stroc=es(trees,bushes,buildings,carports,trash receptacle walls,fences, infiltration trenches, light poles,et-C_)tobe wilt within the utility casement. General Conditions of Approval I_ Appltcanc sbalI coordinate water and sewer main size and routing with the Public Works Deparunent_ 2. PCr Mvridian City Code(MCC'),the applicant shall be respimsible to install sewer and water urains to and through this devclopmcni. Applicw)t maybe cligiblc For a reimburscn,cni agreemcni for infiwttuclurc enhancem ent pCr MCC 8-6-5. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 13- C. Meridian Park's Department (:�WE ID�N Parks and Recreation Reviewer: Kim Warren J Pathways Project Manager Planner Assigned; Nick Napoli Project Name: Black CatEa3t File No:H-2024-b047—AZ,MDA Date: revised 10.21.2024 The following will be required for developmentof the proposed project: CON DITIDNS OF APPROVAL—PATHWAYS-REVISED 1. The project developer shall design and construct multi-use pathways consistent with the location and specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager_ 2. PriortDfinal approval the applicant shall dedicate a public access easement for A10'*0^de FR- t-„sepa%h ay Rd w;114 a;1Al_C;F2R 1 RAeou1 9P_ detached 10Y wide sidewalks along both sides of W.Grand Mogul Dr- Ease m E!nts sha I I be a minimum of 1V wide(1Q'pathway+2'shoulder eachside). Easement need only be dedicated for multiuse pathways(or portions of the pathway)that lie outside the public ROW. Use standard City tempfute for public artess easement Submit aN easements online through Citizen's Armes PorW. 3. Construct rnulti-use pathways per paving section based on existing site conditions as recommended by project civil engineer in accord with UDC 11-3A-8 and 11-313-12. Prior to final approval the applicant's engineer shall provide written documentation that the pathway segment was constructed per the recommended specifications_ 4. The owner(or representative association)of the property affected by each public access easement shall havean ongoing ob ligation to maintain the multi-use pathway. 5. 6'high open vision fencingshall be installed between pathways and(live)water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan,Chapter 3,page 3-5_ All other fence details per UDC 11- 3A-7. 6. Project d eve lopershall be responsible for obtaining license agreementa rid other permission(s)as required for constructing within irrigation district easements. 7. Should any discrepancy exist between these conditions of approval and the requirements of the irrigation district,the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives.City requirements as stated shall not(nor are they intended to) override those of the irrigation district having jurisdiction over the project area. D. Ada County Highway District(ACHD) FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 14- ACHD Alexis *c i President MI ra+Ydd Gdd,V e reslc�ent ]im Hann,n,Cpmmi55igrrr<r Kenr Ga1tltharpr,{amrn1"or&r baxw McKinney.CAmrnlWprrer Date:October 9,2024 To: Brandon Swanson,Sawtooth Development Elizabeth Koeckeritz,Givens Pursley Staff Contact:Sam Standal,Assistant Traffic Engineer Project Description: Black Cat East Rezone and Annexation Trip Generation_ This development is estimated to generate 330 vehicle trips per day, 33 vehicle trip per hour in the PM peak hour, based on the Institute of Transportation Engineer's Trip Generation Manual,111h edition_ ■ - Traffic I mpact study All ACHD Policies required Area Roadway Level of ACHD Planned Service Improvements Performance M-easures LOS Planning Thresholds in ■ prove is Transit Available:, Comments; The tables above list the existing conciitionsof the surround ing roadways without the proposed development as this application is for annexation connecting you to more FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 15- IV. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) 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; Based on previous approvals, City Council finds the proposed development is consistent with the TMISAP designation of Mixed Employment and the proposed development will be a continuation of the Black Cat Industrial Business Complex. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to I-L is not the preferred zoning in Mixed-Employment, however I-L is consistent with the current zoning in this area and the planned uses for the building support the purpose statement of the I- L zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; This application proposes to annex 3.62 acres of property designated as an employment center with the I-L zoning district to allow a "modern industrial business"center with a concept plan that resembles a warehousing and distribution uses. The City Council finds the proposed development 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 City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation and zone of I-L to be in the best interest of the city due to City Councils previous approval for the larger surrounding development. This will allow the property to develop in accord with the larger industrial business complex. IV. ACTION A. Staff: Staff recommend approval of the proposed annexation with the requirement of a Development Agreement. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 16- B. Commission: The Meridian Planning & Zoning Commission heard these items on November 7th, 2024. At the public hearing, the Commission moved to recommend approval of the subject annexation and development agreement modification requests. 1. Summary of Commission public hearing_: a. In favor: Clay Sammis and Elizabeth Koeckeritz b. In opposition: None c. Commenting None d. Written testimony: None e. Staff presenting application: Nick Napoli f Other Staff commenting on application: None 2. Key issue(s) of public testimon: a. None 3. Key issue(s) of discussion by Commission: a. Fenestration on the eastern facade. 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s)ssue(s) for City Council: a. Fenestration on the eastern facade. C. City Council: The Meridian City Council heard these items on December 3rd, 2024. At the public hearing, the Council moved to approve the subject annexation and development agreement modification requests. 1. Summary of the City Council public hearing, a. In favor: Clay Sammis and Elizabeth Koeckeritz b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: None 2. Key issue(s) of public testimony, a. None 3. Key issue(s) of discussion by City Council: a. Fenestration on the eastern facade. 4. City Council change(s)to Commission recommendation: a. Adopt the new DA provision as proposed by the applicant. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 17- V. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend Project Location ., Area of Impact 0 Analysis - +5 a. I■ i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 18- 2. Zoning Map Legend R1, TN-R Cam' CD Project Location JIT M1 Area of Impact C 0 Analysis I- C2 RUT - m R-8 R-15 R-40 . ,O TN-C -L C-C M-E Rl - i MIF ----- - H E Rl RR e � �4 . R-2 Rib 3. Future Land Use Legend Project Location Area of Impact 4 Analysis .MfXefj. Employment High Density General Low Med-High Density Residential If Industrial De.�sity Residential Employment MU-Res MU-Com High Density Employment Low Density `--� Residential -' MU-N Medium�Denslty Commercial Residential L- l�f FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 19- 4. Planned Development Map Legend � U Project Location Area of Impact -Ti LT T==' City Limits Planned Parcels Analysis S L1 ll� �_ -------- _ _ 1 4 I IIIIIIIIIII R �J o Ll _ - - e r FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -20- B. Subject Site Photos _ •-:... - ...ram` . E� '.ate . ��le n. • I.M.^.•-.�!' Ar. � . FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -21 - -� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -22- C. Service Accessibility Report Overall Score: 2 1 st Percentile Description Lccation Within 1/2 mile of City Limits YELLM-V Extension Sewer Trunkshed mains � 500 ft. from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time > 9 min. RED Emergency Services Police Not enough data to report average response time RED Pathways Within 1/4 mile of future pathways YELLM-V 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 RED plan School Walking Proximity From 1/2 to 1 mile walking YELLOIkf School Drivability Not within 2 miles driving of existing or future school P RED Parklalkability No park within walking distance by parktype RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -23- A Site Plan(date: 7/1/2024) ; lop industrial L I-= u I COMMrWX PAW -_ BULGNGL arm WE PLAN -- - - i --- r--. -- G1.0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -24- E. Building Elevations (date: 7/1/2024) VLMK Cm C9 m ma EM m indwinol T.-- 2 L E N .... .......... .... IT T T ill --11 T x�--T T T T 8wo go o6.6 M6 mp w w w pwli��o�o 6 W�i i6u- m y y Ylp 1py yy y y A2-0 Revised Eastern Fagade: F---77 M IE�rELEV wDm FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -25- F. Annexation Legal Description& Exhibit Map THE Page 1 of 1 LAND GROUP July 11.ZC24 Pfo)ect No.1211412 EXHIBIT A BLACK CAI RUAD—BUILDING L AHNLXArION I]ESCRIPTR}N A parcel of land located in the Northeast[garter of the Southeast quarter of Section 16, 1awr►ship 3 North,Range 1 West,Boise Mer.dian,Ada County,Idaha,being more particularly described as follows- Commencing at the East quarter Corner of Section 16 of said rownship 3 North, Range 1 West,[from which pant the 5ectlon Corner common to SecOons 9,10,1S and 16 of sakd 1 ownshlp 3 North,Range 1 West hea rs South CV 43'6l'West,a distance of 265635 feet distant], hence from sand Last quarter Comef,south OW 43'4!'west,a distance of 99.89 feet an the East line of said Section 16 to the PUIN1 CH BEGINNING, Thence continwrrg Savth OT 43'07"West,a distance of 4A-M feet on said East line; Thence North 29.16'SY West.a dmtance of 341,152 feet Thence North DY 46'01"East,a distance of 454.28 feet; T1r,er,ee South 89' 16' 53" Esst, a distance of 341.44 feet on said least line to the PLMNI UI HILUNNING. he a"e descnhed parcel contains 3-62 acres more or le& PREPARED BY: HIE LAND C:RLNJP,INC. ~L P. 7880 I z �1-11-2D24 t James R.Washbum �PC pf P_lPk 402 Ees7 S4orr Drive.Suee 100,Eagle.Stleho M610 206.1M.4041 thelendgmup rw urn FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -26- - - - RW g,�1 E 114 � m SEC.m zE M- | | | | 2ƒ � ma ?| kQCC OUL3 PM*3E[- CA �1Em m g -,�-- 1 0 | | � § _ | � ,uE?5 3-W 34 H ; LAN, § q a ^7k80 G \ 02. @3 2 S-2 -IM | #,� SECOK SEC-,B | EMS'- � | NDrkm&&Ww.-,@ 121 c _+_»y_ THE Building L _ 91 LAND Black C Industrial S |B GROUP Annexation Description FINDING O FACT,CONCL am OF LAW AND DECISION i ORDER FOR(Black Cat East-x mk-q) -27- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Pivot Pointe Subdivision H-2024-0029) Between City of Meridian and KB Home Idaho LLC for Property Generally Located South of W. Pine Ave. and East of N. Black Cat Rd. ADA COUNTY RECORDER Trent Tripple 2025-006125 BOISE IDAHO Pgs=47 NIKOLA OLSON 01/29/2025 01:47 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. KB Home Idaho LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 28th day of January 20 25 , by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and KB Home Idaho LLC, whose address is 1299 N. Orchard Street, Suite 201, Boise, Idaho 83706, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner 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, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of 7.98 acres of land with a request for the R-8 (Medium-Density Residential) zoning district on the property as shown in Exhibit "A"under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 6tb day of November, 2024, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and DEVELOPMENT AGREEMENT—PIVOT POINTE SUBDIVISION(H-2024-0029) PAGE I OF 7 Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem 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 at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring the Property is developed and the subsequent 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 in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. 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 for,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 KB Home Idaho LLC,whose address is 1299 N. Orchard Street, Suite 201, Boise, Idaho 83706, hereinafter called O"ER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT-PIVOT POINTE SUBDIVISION(H-2024-0029) PAGE 2 OF 7 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, common open space/site amenity exhibit, and conceptual building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained herein. b. Homes on lots that abut W. Pine Avenue, a collector street, will be highly visible; therefore, the rear and/or side of structures on these lots (i.e., Lots 2, 16, 17, 18, 19, 20, Block 1 and Lot 2, Block 2) should incorporate articulation through changes in two or more of the following: modulation (e.g., projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default DEVELOPMENT AGREEMENT-PIVOT POINTE SUBDIVISION(H-2024-0029) PAGE 3 OF 7 that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or 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. 7.6 Waiver. A waiver by City of any default by Owner/Developer 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 of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or 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. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. 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. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT-PIVOT POINTE SUBDIVISION(H-2024-0029) PAGE 4 OF 7 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. 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: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: KB Home Idaho LLC 1299 N. Orchard Street, Suite 201 Boise, Idaho 83706 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. 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. 16. 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. 17. 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 DEVELOPMENT AGREEMENT-PIVOT POINTE SUBDIVISION(H-2024-0029) PAGE 5 OF 7 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. 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. 19. 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. 20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property,which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 22. 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 or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing rezoning 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-PIVOT POINTE SUBDIVISION(H-2024-0029) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: KB Home Idaho LLC By (prin name): Stan Katanic Its (authority): Division President and signing member of KB Home Idaho LLC State of t„9 d-n W 6 ) ss: County of NCkP ) On this day of J V%1�j f\2 20 q ,before me,the undersigned,a Notary Public in and for said State, personally appeared S�fwv 1(A baniC (name), known or identified to me to be the Q v e3w,^(�tet YF (signing authority) of KB Home Idaho LLC and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ,`014668aCMrj f�ate first abovigpo fffte `•�'i ��18nd me Notary Public r1q6C TAR Y r .. ?h ; S My Commission Expires: 3C� • • '•. PUBA, 'C ';y '� 1►L0� TF()ICfiY OF 1Vli � ATTEST: By: Mayor Robert E. Simison 1-28-2025 Chris Johnson, City Clerk 1-28-2025 State of Idaho ) ss County of Ada ) January On this 28th day of , 20 25, before me, a Notary Public, personally appeared Robert E. Sim ison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of 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. (SEAL) Notary Public for Idaho 3-28-2028 My Commission Expires: DEVELOPMENT AGREEMENT—PIVOT POINTE SUBDIVISION(H-2024-0029) PAGE 7 OF 7 EXHIBIT A Legal Description Proposed Pivot Pointe Subdivision - Annexation. A parcel being located in the NW%of the SW%of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said NW '/4 of the SW '/4, from which a Brass Cap monument marking the northeast corner of said NW % of the SW '/4 bears S 89°11'08" E a distance of 1318.58 feet; Thence along the northerly boundary of said NW % of the SW % S 89'11'08" E a distance of 524.92 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary, also being the southerly boundary of Castlebrook Subdivision No. 2 as shown in Book 89 of Plats on Pages 10346 through 10348, records of Ada County, Idaho, S 89°11'08" E a distance of 793.66 feet to a point marking the northeast corner of said NW % of the SW %; Thence along the easterly boundary of said NW% of the SW'/4, also being the westerly boundary of Chesterfield Subdivision No. 1 as shown in Book 96 of Plats on Pages 11924 through 11928, records of Ada County, Idaho, S 0°36'33" W a distance of 418.06 feet to a point; Thence leaving said boundary N 89°21'28" W a distance of 793.90 feet to a point; Thence N 0038'33" E a distance of 420.45 feet to the POINT OF BEGINNING. Said parcel contains 7.64 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC �r1P� LA Np April 12, 2024 S T FR GpL 11118 " 1lf IZk2 s = <1�q 0 F SOP 0� TON W NPR La � � � �� Pivot Pointe Subdivision-Annexation ��-'-Land Surveying and Consulting Jab No.2 of 1 Page 1 of 1 PROPOSED PIVOT POINTE SUBDIVISION ANNEXATION LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO w Q w 0 ME _J m BASIS OF BEARING z 1/4 W. PINE AVE.— cw i/1s— c 1/4 — 9 �10 - - - - —S89'11 08 E 1318.58' - - - —�S89'1_0'58"E 524.92' 793.66' 1317.25' POINT OF PARCEL S1210325410 vBEGINNING 0 N. BLACK CAT RD. o Y O a0 N ANNEXATION AREA = 7.64 ACRES PARCEL S1210325555 00 4600 W. QUARTERHORSE LN. 3:- o z 0 W. QUARTERHORSE LANE (PRIVATE) N89'21'28"W 793.90' OVAL LA IVY S 5 STf 0 a N111180 0 La n ions 9 C467Z-124 _ ut'm rF SOP 5� Land 0' 100' 200' 400' Surveying and Consulting ti of 231 E.STH ST. TO/V W. N� MERIDIAN,ID 83642 t� (208)288-2040 (2 08)288-2557 fax www.landsolutions.biz JOB N0. 2s-07 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW WE Nty AND DECISION& ORDER In the Matter of the Request for Annexation and Preliminary Plat of 7.98 acres of land with the R-8 zoning district,by KB Homes. Case No(s). H-2024-0029 For the City Council Hearing Date of: October 15"', 2024 (Findings on November 6"', 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 151h,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 15"', 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 15', 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 61h, 2024,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 15', 2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 1- reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 15", 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 11- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -2- City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 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. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, 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. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(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. G. Attached: Staff Report for the hearing date of October 15t'',2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -3- By action of the City Council at its regular meeting held on the 6th day of November 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED_A)�F COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Ra ert E. imis 11-6-2024 Attest: Chris Johns 11- - 4 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. r 11-6-2024 By: � � ��' r�`�`�;',� '�(� ,� Dated: City Clerk's Office - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -4- COMMUNITY DEVELOPMENT C Y L E IDIAN*-, DEPARTMENT REPORT HEARING 10/15/2024 Legend DATE: Project Location TO: Mayor& City Council Area of impact = City Limits FROM: Nick Napoli,Associate Planner 0 Analysis _ @ 208-884-5533 r � nnapoli@meridiancity.org APPLICANT: Sabrina Durtschi r 7 2 - SUBJECT: H-2024-0029 Pivot Pointe Subdivision LOCATION: Generally located south of W. Pine Avenue and east of N. Black Cat Road in 1 1 the north half of the NW /4 of the SW /4 ----------- of Section 10,T.3N.,R.1 W. (Parcels: '� ��• S1210325555; S1210325410) I. PROJECT OVERVIEW A. Summary Annexation of 7.98 acres of land with R-8 zoning district; and preliminary plat consisting of 41 building lots, and 10 common lots on 7.98 acres of land currently zoned RUT. B. Issues/Waivers/Updates Staff is recommending the removal of Lot 2,Block 1 to create more integrated open space within the development. The applicant would like the lot to remain as shown. C. Recommendation Staff. Approval with development agreement and conditions Commission: Recommend approval D. Decision Council: Approved FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -5- IL COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Rural Residential/Agriculture - Proposed Land Use(s) Single family detached dwellings - Existing/Proposed Zoning Rural Urban Transition Area (RUT) in Ada County/ R- VII.A.2 8 (Medium Density Residential) Future Land Use Designation Medium Density Residential (MDR) VII.A.3 Table 2: Process Facts Description Details Pre-application Meeting date Thursday,June 27, 2024 Neighborhood Meeting 7/17/2024; 9 people attended the meeting Site posting date 9/30/2024 Table 3: Community Metrics Agency Element Description Issue Reference Ada County Highway District IV.E • Comments Received Yes - • Commission Action No - Required • Access Pine is classified as a collector roadway. Other than the access specifically approved with this application off of N. Biltmore Avenue, direct lot access is prohibited to this roadway and should be noted on the final plat. • Traffic Level of Service Better than "D" - ITD Comments Received No I - Meridian Fire No comments received I - Meridian Police No comments received - Meridian Public Works Distance to Mainline: Sewer in Pine Avenue; Impacts IV.B Wastewater or Concerns: No Meridian Public Works Water Distance to Mainline: Water available at site; IV.B Impacts or Concerns: No School District(s) West Ada School District IV.D • Capacity of Schools Elementary: 700; Middle: 1250; High: 2075 - • Number of Students Elementary: 533; Middle: 957; High: 1833 - Enrolled See City/Agency Comments and Conditions Section for all department/agency comments received or see public record: (https://weblink.meridiancity.org/WebLink/Browse.aspx?id=353455&dbid=0&repo=Meridian C ity) . FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -6- Figure 1: One-Mile Radius Existing Condition Metrics 2.00 1,500 Single-family Residential L 1.50 a � 1,000 , Parcel Diversity y 1.00 u° p Parcel Count v, 0.50 500 L 0.23 0.10 a •Average Acres �° 0.00 1610'1 0 R-2 R-4 R-8 R-15 Average Single-family Density by Zoning Average 15.00 WResidential Net Density Q 10.00 E 10.25 O p 7.14 5.51 � 5.00 C 4.32 O 1.68 0.00 Dwelling Units / Acre R-2 R-4 R-8 R-15 Figure 2: Service Impact Summary -rvi ce I m pact Tool Ready Marginal Caution FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point-H-2024-0029) -7- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The Applicant proposes to annex 7.98 acres of land with an R-8 zoning district. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 41 single-family residential detached dwelling units at a gross density of 5.51 units per acre. The proposed use and density of the development is consistent with the Medium Density Residential (MDR) FLUM designation of 3-8 units per acre. Single-family detached homes are in the development process to the west and south while to the south of the railroad,the planned Medium High-Density Residential development consists of attached,townhouses, and, and multifamily dwellings. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The property is contiguous to City annexed land to the north and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area for the R-8 zoning districts are included in Section VII. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IV. Table 4: Project Overview Description Details History N/A Phasing Plan 1 phase Residential Units 41 single family detached units Open Space 1.15 acres/15.06% Amenities 2 amenities—Fire Pit and Pathway Physical Features Kennedy Lateral Acreage 7.98 acres Lots 51 total lots; 41 buildable and 10 common Density 5.51 du/acre/7.15 du/acre R-8 Dimensional Standards 4,000 square feet; 4,307 square feet (Required and Proposed) B. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The subject site contains four existing structures: four homes and accessory structures. Prior to the City Engineer's signature on the final plat,these structures shall be removed. 2. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed plat complies with the dimensional standards of the district. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -8- C. Design Standards Analysis 1. Site Design Standards (Comp Plan, UDC 11-3A-19): Goals 2.01.02D,2.01.01 G,and 2.02.02C emphasize a diversity of housing types throughout the city to meet the needs,preferences and financial capabilities of Meridian's present and future residents. Additionally,these goals promote infill development that does not negatively impact existing developments. The subject site is adjacent to the established R-8 developments (Chesterfield Subdivision No. 1 and Horse Meadows Subdivision)to the east and west. To the south is county residential land not yet annexed into Meridian,and to the north is W. Pine Avenue. The preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 41 single-family residential detached dwelling units at a gross density of 5.51 units per acre(see Sections VII.G). The proposed use and density of the development are consistent with the MDR FLUM designation.Additionally,the proposed single-family detached dwellings with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes are in the development process to the west and south while to the south of the railroad,the planned Medium High-Density Residential development consists of attached,townhouses, and, and multifamily dwellings. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The property is contiguous to City annexed land to the north and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area for the R-8 zoning districts are included in Section VII. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IV. 2. Qualified Open Space &Amenities (Comp Plan, UDC 11-3G): Goals 2.02.00 and 2.02.0113 of the Comprehensive Plan focus on creating safe, attractive, and well-maintained neighborhoods with ample open space, diverse amenities, and alignment with community needs and values. Open Space Requirements (UDC 11-3G-3): a. Baseline Requirement: For developments zoned R-8 (Medium Density Residential)a minimum of 15%of the subdivisions area(7.98 acres) shall be qualified open space. The applicant is proposing 1.15 acres of qualified open space exceeding the 1.12 acres required to meet the minimum standard. However, Staff recommends Lot 2, Block I is removed to create more integrated open space. The placement of Lot 2, Block I creates an isolated parcel that abuts open space, a gravel access road, and street landscape buffers. Additionally, the lot creates possible conflict points when having to ingress and egress for the property owner. Due to these concerns, staff finds that UDC 11-3G-3-2b "Open space shall be accessible and well connected throughout the development"is not being met. The subdivision features two main open space areas: a linear space along the Kennedy Lateral and another linear space on Lot 19, Block 1.The common lots 6, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -9- 12, 22,and 33 do not count as qualified open space but are provided throughout the development.The Applicant illustrates the lateral as piped underground. The large central open space area is approximately 45,935 feet in size and is the largest usable common area within the project.The applicant proposes a gravel access road and micro-pathway that runs through the open space for pedestrian connectivity and irrigation district access.The linear open space along the Kennedy Lateral is approximately 50 feet in width and over 500 feet in length. This linear open space connects with the Chesterfield No. 1 Subdivision's open space.This is discussed more in the amenity section below. Amenity Requirements (UDC 11-3G-4): For single family subdivisions 1 amenity point is required for each 5 acres of gross land area. The subject project size of 7.98 acres requires a minimum of two(2)amenity points. The applicant is proposing the following amenity. a. An outdoor fire pit worth 1 point. b. A pathway(does not meet the requirements to qualify for a point) In order for the pathway to count towards the amenity requirements it shall be paved and landscape in accord with UDC 11-3A-8 and 11-313-12.0 to connect to N.Biltmore Avenue and W. Pine Avenue.If the irrigation district does not allow for these improvements within the easements the applicant shall provide an additional qualifying amenity equaling one point or more with the final plat application. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 20-foot wide street buffer is required adjacent to Pine, a collector street. This buffer should be landscaped per the standards listed in UDC 11-313-7C and placed into a common lot that is at least as wide as the required buffer width;this common lot should also contain the detached sidewalk required along W.Pine Avenue. Due to the neighboring subdivision to the east(Chesterfield Subdivision No. 1)having an attached sidewalk along W. Pine Avenue,the sidewalk on the east of N. Biltmore Avenue with Pivot Pointe will become attached. The landscape plans appear to show compliance with these requirements. ii. Tree preservation A Tree Mitigation Plan should be submitted with the final plat detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-313-10C.5. iii. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along W. Pine Avenue. iv. Pathway landscaping Landscaping is required along all pathways with a minimum of 5-feet wide shall be provided on each side of the pathway with a mix of trees, shrubs,lawn,and/or other vegetative ground covers per the standards listed in UDC 11-313-12C; the landscape plan should be revised accordingly. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 10- 4. Parking (UDC 11-3C): i. Residential parking analysis Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. 5. Building Elevations (Comp Plan,Architectural Standards Manual): Goal 5.01.02D of the Comprehensive Plan highlights the need for effective building design and landscaping to buffer, screen,beautify,and integrate commercial,multifamily,and parking areas with existing neighborhoods. In response,the developer has submitted twelve (12)conceptual building elevations and floor plans that illustrate the appearance of future homes in the development(see Section VII.H). The proposed designs include variations of both one-and two-story homes, each featuring a two-car garage. The elevations showcase a range of architectural styles and design elements, including lap siding,diverse color accents,varied roof profiles, and different home styles. Staff review confirms that these elevations adhere to the city's architectural standards and comply with the required design criteria. Homes on lots that abut W.Pine Avenue, a collector street,-will be highly visible;therefore, the rear and/or side of structures on these lots (i.e. Lots 2, 16, 17, 18, 19,20,Block 1 and Lot 2,Block 2) should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted landscape plans,the applicant is proposing two types of fencing throughout the site,vinyl solid fencing and wrought iron semi-privacy fencing. D. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goals 6.01.01H and 6.01.0213 of the Comprehensive Plan stress the need to minimize the number of direct access points onto arterial streets. This can be achieved through cross-access agreements, access management, frontage and backage roads, and enhancing connectivity through local and collector streets. Additionally,these goals highlight the importance of incorporating pedestrian access connectors in new developments to link subdivisions and support neighborhood connectivity within a community pathway system. The proposed access for the development includes W. Pine Avenue from N. Biltmore Avenue and W. Quarterhorse Lane from the west. The project relies on the Horse Meadows Subdivision,which is directly to the west,to reconstruct a portion of W. Quarterhorse Lane (currently a private road)into a public street. This will provide a secondary public street access. The existing curb cut on W. Pine Avenue will be removed, and curbing will be extended across the driveway. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 11 - Access from W. Pine Avenue via N.Biltmore Avenue must align with N. Biltmore Avenue on the north side of Pine. However,ACHD has indicated that this alignment does not meet their policy requirements and will need to be revised before the final plat submission. Since the final plat for Horse Meadows Subdivision has been submitted but not yet recorded, there is currently only one access point to the site. Given that this property and the surrounding areas are designated as R-8 (Medium Density Residential)on the Future Land Use Map, staff recommends including a stub street to the south to facilitate future connectivity,in line with UDC 11-3A-3A.2. The proposed preliminary plat appears to comply with these standards. 2. Pathways (Comp Plan, UDC 11-3A-81): Goals 4.04.01 and 4.04.02 of the Comp Plan emphasize connecting local pathways from neighborhoods with regional pathways in commercial/community serving areas.No multi-use pathways are proposed or required with this development because the master pathways plan does not show any multi-use pathways adjacent to the subject site. The applicant is proposing attached sidewalks along all local streets that will connect to the detached sidewalks proposed along W. Pine Avenue. Additionally,the applicant is proposing a gravel micro-pathway along the Kennedy Lateral for better connectivity and pedestrian connection to the open spaces. Staff recommends adding a 5-foot micro-pathway on Lot 19,Block 1 to improve access and pedestrian connectivity to W. Pine Avenue for the western part of the subdivision. Additionally, staff recommends the gravel path leading to the Kennedy Lateral is paved and pathway to count towards the amenity requirements it shall be paved, landscaped,and extended in accord with UDC 11-3A-8 and 11-3B-12.0 to connect to N. Biltmore Avenue and W. Pine Avenue. If the irrigation district does not allow for these improvements within the easements the applicant shall provide an additional qualifying amenity equaling one point or more with the final plat application license agreement is entered with NMID for use of the gravel access road. With these additions, staff supports the proposed pathways and their design. 3. Sidewalks (UDC 11-3A-17): A detached side walk is proposed along W. Pine Avenue until the development crosses onto the east side of Biltmore where it becomes attached to connect with Chesterfield Subdivision No. 1. Five-foot wide attached sidewalks are proposed within the development in accord with UDC 11-3A-17 standards. 4. Subdivision Regulations (UDC 11-6): i. Dead end streets Dead end streets and Cul de sacs(N.Axis Avenue and W. Pivot Place)do not extend further than 500 feet and have less than 30 dwelling units. The applicant has met the dead-end streets regulations as listed in UDC 11-6C-3. ii. Common driveways The common drive shall meet the standards set forth in UDC 11-6C-3. The applicant is proposing a single common drive which has 4 lots taking access from it. Three(3)lots are taking access on the south side and one(1)from the north side. Additionally,the common drive is 31.50 feet wide and does not exceed 150 feet in length. The common drive meets these standards. iii. Block face Block faces are proposed in the development in accord with UDC 11-6C-3. The applicant is in compliance with this standard FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 12- E. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): Goal 4.05.01 D of the Comprehensive Plan discusses the importance of improving waterways throughout the city and residential areas. The Kennedy Lateral runs through the center of the site. The Nampa Meridian Irrigation District(NMID)requires an easement for the Kennedy Lateral. The easement for the Kennedy Lateral at this location is a minimum of one hundred feet(100')total, fifty feet(50') each side. The applicant is proposing to keep the Lateral but will be tiling it underground to provide larger linear open space. 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. 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. 4. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G & 3.03.03F. Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development of the subdivision. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat shall not be submitted until the DA and Ordinance is 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 IF City Council determines annexation is in the best interest of the City: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 13- a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, common open space/site amenity exhibit, and conceptual building elevations included in Section VIII and the provisions contained herein. b. Homes on lots that abut W. Pine Avenue, a collector street,-will be highly visible; therefore, the rear and/or side of structures on these lots (i.e. Lots 2, 16, 17, 18, 19, 20, Block 1 and Lot 2, Block 2) should incorporate articulation through changes in two or more of the following: modulation(e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 2. The final plat shall include the following revisions: a. Replace the street name for"N. Axis Avenue"with"N. Stronghold Avenue" in accordance with the Ada County Street Name Review. b. Replace the street name for"W. Pivot Place"with "W. Meadowpine Court" in accordance with the Ada County Street Name Review. c. Graphically depict the ACHD stormwater drainage easements referenced in Note #6. d. Depict a paved 5-foot micro pathway through Lot 19, Block 1. e. Remove-Lot Bivek 1, and ineer-per-ate-thisarea to the eenffnoa open spaee fethe deN�elepmei#. f. Direct lot access to W. Pine Avenue is prohibited. g. The applicant shall comply with the common drive exhibit and provide a note on the final plat that addresses maintenance and access on the specified lots as shown in exhibit VI.J. h. Provide a 6-foot open vision fence along Pine Avenue enclosingthe he open space and coordinate with the Nampa Meridian Irrigation District for fencing in their easement. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyorita(cD,meridiancit") to determine mitigation requirements prior to removal of existing trees from the site. b. Update the landscape plan showing the new location for Lot 2, Block 1. c. Depict landscaping on each side of the 5-foot micro pathway running along the Kennedy Lateral. d. The 5-foot pathway proposed in Lot 3,Blockl shall be paved,landscaped, and extended in accord with UDC 11-3A-8 and 11-3B-12.0 to connect with N. Biltmore Avenue and FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 14- W. Pine Avenue. If the irrigation district does not allow for these improvements within the easements the applicant shall provide an additional qualifying amenity equaling one point or more with the final plat application. e. Depict a paved 5-foot micro pathway through Lot 19, Block 1. f. Pave the gravel path leading to the Kennedy Lateral and enter into a license agreement with NMID for the use of the gravel access road. g. Provide a 6-foot open vision fence along Pine Avenue enclosing the open space and coordinate with the Nampa Meridian Irrigation District for fencing in their easement. h. Remove Lotr leek 1, and ineepera4e-this area into the EemmvnvFen space yr the development. 4. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2a-6 for the R-8 zoning district. 5. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 6. Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or obtain approval of a time extension as set forth in UDC 11-613-7. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 15- B. Meridian Public Works PRE-PLAT C'UNDITIUNS' wastewater i iDigAr4r W Sww Sewer 15 In H Black Cdi R& 9ewhim k-m6r Shed • fStll'niAltl i`ralea " JLQPIIr;euom S Mrs • WIgR�ff]eLllr�r� t3alanlr • Project Corrlsterrt was Wwth WW"ter Kmjxilitij Plan ImWLkrwlKr*ns See NbIK Works Site Spe[itl[€onalllom W Aa r Instance to Water Walrr Amailablr at Ste SerLr•te4 • Presswe2cne 1 ESLlrnmed N6146 t See appki tlon w1fawr E RU's Wat6l°qualriy Haile t Pr01011 com€+stemq VeL w�th'Wm er Mauer pim + tt!tjCwdmrft See Site$pmTk Con*tlum PI xl.l( %o(mi,s DEVARINEVr Sirs:SWIPt Cbrdilioild Of Apprnal I Enc;phew of the dnClop w ni will nac4 la W rmdckd to ti Lrifs enirrmuro fire llou prmum u - Elki0m4r io wlTdy if LIL4re u a wgll mil}.IF4i wtll m kr,.aied oo LLw J.IL4 JI Jmuxl bC Mb ndmw1d p,rr rt,mIL -nrquirembimL9 mA proof of abandmfML rmsi ft proL idcd w Lhf Cir,,Nolt Lhm it em b4 TJs,od Em prkbaurkmd inl,lulum Its y'alw a yFm•roLJLeLL s mm w ur ehmWa igmim had-nR 3 Ward Mt=l Ct MM-L'L rm 1hr%Wa Trlai■in S Pinr AVL d. EILSTerc thin That is a N1'ray;nlanl a.d 1hm all m bmL rogwrkLrmnls from Tht Lrlfl kiarlun i1mch wr L.Alnl f7 LrnLgR irm Lipimmn r"imr arL mL!d I Gimril Coed limas of AppmAl I I)ALanL h;lll cumbri lle wxLa and jeu a nme sip and Kmtimm m b i6c Pu6rt WuF]LR ❑epirinwu.wd extCULC Agfidird ftwr Of ens-mrimS for 2nl rMiril-ASL WC NgUiNJ 10 prOO& ser%to mjwde aP a public FL`i'hly]L-w3Y. MJILIMW h mvLr 0 L'r iC w mama u th1 -'feel,if LuS'or fYl€mn kxlr rJf err lu Pub- oa&iy l"s ftin L4rLL FcL-I Ihirl ahLtlt U mxrtials,Ilall b0 Lmd in CdMftlrMLi of City of KkTidL Jrubl lA od.s EkgarlmomiN M!'pxifKjLwm FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 16- p" k'rsL::: _n t K}(u{14 rNhK(-F the V15IKall III IKir4 W0.Ili14 1Li hIMIAlI itixL'r AIILI is'M0 =irs Lu and LhmL3ghdtisdlrvL1opIrl mj. 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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 17- C. Nampa& Meridian Irrigation District Chadene Way F► m: Erika alvera {Eolvera@nmEd.org> Sent: Monday.August 19,M4 11.11 AM To: City Clerk Subject RE=Development Apprication Transmittalls-Pivot Pointe Sub-H-20M.0029 External Sender-Please use Caution with WkS or at Chm*nts, ------------- Nampa & Meridian Irrigation District (NMID) currently has a Land Use Change Application on file, for the project mentioned above. NMID will withhold further f omment until our review is complete- All private laterals and waste ways must be protected. All municipal surface drainage must be retained onsite. If any surrw-drainageleavesthesite,NMll)must review drair10geplAns.l7eve10pef iniEstCamply wish IdahoC'ude 31-3805- From:-clerk@meridi aricity.org<slerk@meridiancity-org} Sent:Thursday,August 1,2024 8:53 AM To:NMID<NM I DO nmid.org> Subject;Development Appliryation Transmittals-Pivot Pointe Sub. H-20244)G29 Development Application Transmittal Link to Pr0`(�Ct A l}lic%ii iou; Pit Pivoi F inw.Subdivigion A T PP F F-2024-002i) Hearin Date: Se water 19,2024 Assigned Planner: Nick Napoli 7 a wieMr rlpr C'in r+ :tifi rcyiart 1);bfie RfteVnk-R rtor 7rc i, f h f The above"Link to Project Application"will provide you with any further information on the project. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 18- D. West Ada School District(WASD) Exhibit A West Ada Schaal District STUDENT GENERATION RATES West Ada School District;LilASD}uses a Student Generation Rate(SGR)to determine what Impact future development will have on enrollments.Based on the submitted application materia'Sr the proposed project will contain 41 single famlly units and ID mull-family units resulting in approximately 24 school-aged children.The proposed project is within the following school district boundarlesr currentlyr and approval of the project may affect en rollrnenn at the followi ng schools, Z3-24'Email ment Ariihitectural Capacity Chaparral Elementary School 533 7U0 Meridian Midd le School 957 1250 Meridian High Schaal 1833 2175 rudest Generation Rate 1500 Total Units Estimated Archlteelmral DEMopmenkAmsZone Sift le Fangly I Multi FWAY Sin leFarol MultiFamll Students Capacity Chkapaffal ElemeMa Schad 0.58 0-13 all D 24.-D] 700 'Mi5 irddefflatibrl it intli�nd!d of a elef eE�nte�,rathOT than a d6ritivL!�tG01. HISTORICAL ENROLLMENTS The fallowing table Includes hkstorlcaI student enrollment data for schools in close proxl Miry to the proposed development that may be affected by future school boundary changes= Attendance Development Area Yana 2023-2024 2022-2022 2021-2022 2020-2021 Chaparral Elementary5chool 533 535 527 361 Reregrine Elementary Schaal 454 426 469 390 Ronderosa El ementary School 434 429 464 405 Meridian MlddleSchool 957 1 1076 1 1195 1t028 Meridian High School 1833 179S 1761 197G Owhyee High School 181G 1781 14SB Notes: + Attendance data per ldahoDepa.tm Ent ofEduckionI-WfSDASOprbvideshirbmicaIEnra11 men t data:Mtns:ffvrvrw-West ada.arr;faalsefdi5trirt-data + Rrbjerts can he-built in phases and full imparkS not immiadiate. * Architectural Capacity-the-raparity established at the time a school is designed based on the nUMber of g4!mral eduration dassrobrrrs in the building_3 'httpc}}www.sde.tdahOgau{finance} https://www.wesUda.argffiageffacility-plaril FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 19- E. Ada County Highway District(ACHD) A-16im-4q eri^Il.dry Lor•m '41rmlg Gdtl.VN:e PM*denT ACHD J `r9i C.u�m4 Per C,00V..W C1-3r7tlAr.a—.a nvi i V-I & r5hA Wglrw•C4—MH4-0rw' Date:July 24.'r.2024 Tx Sahri na DurtsChi,k6 Home Staff Corrtwt:flat[Pak Planner PINoJi2[t Derscrl00fii.PaMS Pnlnte TpipCenefadon: Thi*de e4pment rs e=matefl io gene-rare MY v&nicie tnPS per aay. 39 VilhiCleirl p Per-hour in the P&r p9911(hour.❑owd Qt%the invi ru[u cA Franspar it W r+ ENirwersTrlpCiew-uion Manual,IF edIL+C+, i i Y" irnFriwer"eht.57 A! : pop connecting you to M #�� Y}MPr+7 f�kr.3TT5 Ord�rrc 5rrw�•C,+arf��.1p•H37N4.aFr�76�dr.SCO.F7.3K'TfiSG•�� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -20- F. Ada County Development Services ADACOUNTY 0 DEVELOPMENT SERVICE `uu kL.I-W.N I sTIUU,IHASL IbAW)MJ 711t-7101P PwALIMN120-r19W ' FhYkY.a`IIR N-7.7" BUTLIDING • C('1'rT"JVNITY PlANNINO • FN GIN EERrNG&S RVEY NG r PERNWTI:M{i. AupuKl :(I.a Nick Napali Mefid,am Ciro Planning Dtparemenl 3?F.11z.mdusy Akenuc N102 mcddiali,rD s�642 RE;H-2024QU29 a Pw%elx PIS I 210525555 dnd S 1210 W4I0+Pnot Poinic SaWiriawn N1ek. The('"ol-Mcrwhun hap;requv%Wd feudto:k regarding ale pmpn+ad annulackm w9b ekml pw ofR4 jModium Lcm Dengir► s prc Rcidcwialr and s liminm plan s for nc� Piu Poiwc 51.IWil ikkkD.wlrKh will cw"i kl of/a 14t1whM KrrkS1c•f#nil l) buvwK on 7-FA-#mm penamlly lot-mM ou the eml of Blacl; Cat Read and s,wih of Pine Av�mw, gw6likeally on Parcels 8121U123553 aDdSi21UJ12141UL m-ohln the C-ily's Anauf-Ucy InWml. Ads County is Lrrppmim of lha appIkAtmm dua lkr 111e pwx inllty or the siir lu clusling pubil is 7pmion-r:naf�-.YofdK!A&L C nrk{'rrmrCCIrC�1xi1€Dion 4-hmurj4[vm rCa�4�Cnl�pl�k'k'CwrlirnCllL to ixcur al urban denmties uilhm Amis of t_-ily Impact whore public L•,7C1.I111CS are nksilutilr.Jos the Fuiwc Ljrwi t:ic Map of Ihr Mrtadiam L'L1MVtr1rnKnc flan,W adoptgd by Ada County.dmgnabn tht mtc as Afedimm Drily r esf&r?rfal.winch is pnrnarily lntradcd for i1ftvir-i.iu1Jr h6i tm rr dk.like%LAArdt W Mg a dartl Nina 1.31111.119 prr acrt,the pruperstd toamg ofi-4 LMAium Low DeFimty RcMdan ialr is ovmprtible wish the caa wmhmivs plan. The lak'OIIL of the drvelopmeM also a mpliec Kith many of the goals of the licridian {miSrrchCrL vo Man.with L11c tlri]IkL L 10 dcjitair ovtr I6A.idf Lhz1 %kw"ore,[xlr.uc- Chr pnypl}wl ri+ini ludr n firr r� ,. g;rihtr plxc.1•kulrynatk*d h}fiirr!,9.0�r7;�of Lhe�rtridian (:,nrnprsherr k-o- PLA. wL .i..,I'•,.I I,% A &('LmLolp. Mikh ti1Ck)yd4gm w;a<hlti Unto V;aM be inmi-Fiorawd inio rw 1: *{i vi kikmr Punk you fkx II1c'krpk,rlimpri ii.i liri,k ide lloiklim il,wid p44aye feel freelkiemtuo we wilh any t�L1KSSi{arb, SmLcdy �IeSCrG�y, Yca-r'wagtma Suwcy Yumngbewk CommlmiLya Ragioml Plamlrr Aida C"ounlp Devc6pmcnL Senwey V. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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; The City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 5.37units per FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -21 - acre is consistent with the density desired in the MDR designation for this property; the preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 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 City Council finds City services are available to be provided to this development. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. B. Preliminary Plat and Short Plat(UDC-6B-6) The City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council 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 The City Council 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. The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. VI. ACTION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IV in accord with the Findings in Section V. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -22- B. Commission: The Meridian Planning & Zoning Commission heard these items on September 19th, 2024. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing_: a. In favor: Sabrina Durtschi, KB Homes (Applicant) b. In opposition: None c. Commenting None d. Written testimony: Karla Ehlers; Kathy Gallentine;Natalie Purcell e. Staff presenting application: Nick Napoli f Other Staff commenting on application: None 2. Key issue(s) of public testimon: a. Concerns expressed were about the density of the subdivision, traffic and congestion on the roads, and schools being over capacity. 3. Ke. ids) of discussion by Commission: a. Lot 2, Block 1 being removed to provide additional open Space. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s)ssue(s) for City Council: a. None C. City Council: The Meridian City Council heard these items on October 15th, 2024. At the public hearing, the Council moved to approve the subject Annexation and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Sabrina Durtschi b. In opposition: Karla Ehlers,Natalie Purcell, and Kathy Gallentine c. Commenting: None d. Written testimony: Karla Ehlers,Natalie Purcell, and Kathy Gallentine e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony: a. Concerns with traffic, school capacity, density, and Fuller Park being overcrowded 3. Key issue(s) of discussion by City Council: a. The removal of Lot 2, Block 1 and fencing around the common open space along Pine Avenue. 4. City Council change(s)to Commission recommendation: a. City Council was in favor of the applicant's relocation of Lot 2, Block 1. Additionally, the council required a new condition regarding fencing around the common open space. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -23- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -24- VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend Project Location Area of Impact 4.= City Limits Lc� Analysis `cax eas' yr UB1P{F A] �^ J 9T}esad}:8a,�r�gy.4��.. �^4 r r(�Fw3 923, al. �q• C � +3 {:� J $ - I� 7 � A �1 i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -25- 2. Zoning Map Legend -O l Project Location 71 Area of Impact ,�Lc�nzrr7 }= City LimitsR2 7 I OAnalysis 4 RI t TN-R - C-G- M1 M-E C-N \ R-S R-40 ------- ---- R-15 RUT 1-L C-C l I 3. Future Land Use Legend tIC2 M Project Location Civil 0 ® Area of Impact - 00) I }= city Limits Me,ium-Density ® Analysis s enW LLL Density -_ Med-H Residential ig`h � Hi h -- 9 Density � �--+ General � -� enly Indus#vial Residential 4Residential II k 1 I I:---- •�i7 Mixed Low Employment--Den I-t — Employment mu- om FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -26- 4. Planned Development Map Legend Project Location I. Win T=" City Limits Planned Parcels Area of Impact a = City Limits -- 0 Analysis w! --ff ALHI - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -27- B. Subject Site Photos } � i y y'•5.. y S. A" 4 f -tii III 1 i 4 I � i 4 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -28- C. Service Accessibility Report Overall Score: 25 17th Percentile Description Location 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 most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Not within 1/4 of current or future transit route RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing (# of lanes) 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) Either a Regional Park within 1 mile OR a Community ParkWalkability Park within 1/2 mile OR a Neighborhood Park within GREEN 1/4 mile walking FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -29- D. Concept Plan (date: 6/25/2024) Horse Meadows - - Pivot Pointe ° ® a G— Afexander s Landing i o I ROTA ----I PART I i i_ R•c 1 liQiA MAT I 4 PIVOT POINTE DEVELOPMENT OVERALL 517E �sTnq oRtl Ll NeMe FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -30- E. Landscape Plan (date: 6/10/2024) I ® uxusnwL auR� ® Q - i.vns�aa�aw -w I LIW __------ _--- _---- _______________ ---_----_--- _--- ___ __� e.rm...i. ...w.�� PINE RD. — riei.... �.j.. I _4- ..�.- or,2F C7. W.PIVOTPL 4-- 23 — I I1 -P (P - 24 C. �- - - - --- -- - ----- _r^--- ----- L101 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -31 - ------------------ ------------------------------- .41 14 _ -- -- L1U2 i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -32- F. Qualified Open Space Exhibit(date: 10/7/2024) - - -�-- ® {�6 '�• O N V '�? ® o i J o Es ALEONDER LAUNK SUOMSION(fWURE) emra P1.1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -33- G. Preliminary Plat(date: 10/7/2024) �g PREIIMINRRY PLAT 5HOWM PIVOT POINTE SUBDIVISION 1 LOCATED 14 THE Nwl/4 OF THE SW 1/4 'yT OF SZCTVON 10 T-JN-.R.1w.B.M. ADA COUNTY.MERIDIAN,IOAHO sir-r WIN, � �._ E+PYr ] �Ir � '�'!sr t-ess a o / Mr � 0 R !s !f!liFa 1 ga. r�sm. Z"f 9 :¢ 9 d j 8', Ste• S..,r r--_V cawyUML 4 Al am- WWT MEADOWS 5(FUTUIS1bN (NTl1RE) E �� •• L ILI USINVI[r N -ANtPNG1 � !k _,�� ems". =y!■■■ slleolvlsloN iFutuRE) �Q-��I!`••• �8�@f FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -34- H. Building Elevations(date: 6/10/2024) 40 Y y 1. i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -35- I .e . a Moos 40 FINDINGSORDER (PivotFOR 1 I. Annexation Legal Description& Exhibit Map Lail 11pscriptiorr PropooW Pivot Pointe Subdivision -Annexation A parcel being located n the N.YV Y, of:I•e SVV A wid the SYV N of the IMN'l,of Section 10, Township 3 North, Range 1 West, Boise Mlerldian, Ada County, Idaho, and more paetieulafty described as follows: Comnweing at■Brans-Cap monurneryt marKing the northwest comer of sabd h14V1/.of the SW %.from wMe r a 8raiss Cap monument rnarkmg me P..wthaast comer of sad NVV'/.CO.thft SNV beats S 69'11'08'E a distance of 1318.58 fast; Thence eloq the northerly Wisroary of said NW V.of the SVV X.S 80411,0&' E a disitanoe of 524 92 feet to the POINT OF BEGINNING, Thence heaving said norlherly boundary N U'38`83' E a dislancw of 18 50 Feet to a point on the centerline of VV Prue Avenue Thence along sand centerline S W'11 10& E a astanee of 793.65 feet to a point can tt,e easterly boundary of sand StilU Yt of the NW Y. ThenW S 01033'W along said easterly boundary and the FaEterly baundary of said NW M of the SVV Y, joho being thewrasterly boundary afGhiesierfield Subdivismn W. 1 assilowhrn Mc* D6 of Plate ran Pages 1192A through 11928. r®oards at Area County. Id®hm a dislante of 436.56 feel to apoint: Thence leaving said boundafy N 89111 28' 1'V a d lVan ee of 793.90 feet So a w nil Thence N 0'39'33'E a distance of420 45 feet to the POINT OF BEGINNING. gab parcel cantarns 7 98 acres and is autyeel to wiy easernmyts exisling or in use Clinton W-Hansen_PLS lend Saiutims. PC y )IN%. LA No op 118 n LM a z f TIN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -37- PROPOSED PIVOT P INTE SUBDIVISION ANNEXATION LOCATED IN THE NVV 114 OF THE SVV 114 AND THE SW 114 OF THE NW 114 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 VVEST. BOI E MERIDIAN, ADA COUNTY IDAHO W S 1/4 9 PINE AVE. Cwi{16— C11+ — 9 Na'38'33"E S8911`08 ff 793,65' 70 524.92' 117 25' POINT OF PN 4 N.. 9L+Cx CAATT RD Rp.L 5121C BEGINNING FT ANNEXATION AREA = 7-M ACRES � PARCEL 5121432565E 4WO W OUARTERBCR5E LH. chi W. WAR1ERHORSE LAW (PRIYATE) �� ✓'+99'�1'2A"1H 7939Q' 91 11118 "Land Surveying and Consulting 0' 1 W 200, 400' + N,E 1THjT 0 W.\'A rye aeeE�RO OM ID W y�v•a, J. Common Drive Exhibit: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -38- W IDIAN� AGENDA ITEM ITEM TOPIC: Release of Liability and Indemnification Agreement between the City of Meridian Police Department and the Sundance Company and Sundance Investments L.L.L.P. for the temporary use of The Diamond Point Building for the purpose of K-9 and Police Academy Training RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT This Release of Liability and Indemnification Agreement ("Agreement") is made by and between CITY OF MERIDIAN — POLICE DEPARTMENT ("Applicant") and The Sundance Company and Sundance Investments L.L.L.P. (collectively, "Sundance") for the temporary use of THE DIAMOND POINT BUILDING Located at 2041 S COBALT POINT WAY, MERIDIAN ID 83642 more particularly reflected on the attached Exhibit A. 1.Use of Property:The Applicant shall use a designated portion of THE VACANT BUILDING AT 2041 S.COALT POINT WAY, MERIDIAN ID 83642 for the purpose of K-9AND POLICE ACADEMY TRAINING during the period beginning JANUARY 31,2025 and ending DECEMBER 31,2025. 2. Right to Terminate or Relocate: Sundance reserves the right to terminate this agreement or substitute the property offered for Applicant's use at any time,with or without notice, and without penalty or liability to the Applicant. 3. Indemnification: Subject to the limitations of Idaho law, including Article 8, Section 4 of the Idaho Constitution and the Idaho tort claims act (Idaho Code Section 6-901, et seq.), and to the extent permitted by Idaho law and without waiving any of the defenses, immunities or other protections available thereunder, The Applicant, CITY OF MERIDIAN—POLICE DEPARTMENT agrees to defend, protect, indemnify, and hold Sundance,its employees,agents,and affiliates harmless from any and all suits,claims,damages, liabilities, or losses, including attorney fees and costs, arising out of or in connection with the Applicant's use of the premises for the aforementioned activities.This indemnification includes, but is not limited to, any injury or death of persons, or damage to property, resulting from the Applicant's acts or omissions. 4. Third-Party Claims: Subject to the limitations of Idaho law, including Article 8, Section 4 of the Idaho Constitution and the Idaho tort claims act (Idaho Code Section 6-901, et seq.), and to the extent permitted by Idaho law and without waiving any of the defenses, immunities or other protections available thereunder, The Applicant further agrees to indemnify and hold Sundance harmless from any and all suits, claims, demands, or liabilities brought by the Applicant's contractors, sub-contractors, volunteers, guests, heirs, successors, or assigns in connection with the event. 5. Acknowledgment: By signing below, the Applicant acknowledges that they have read, understood, and agree to the terms of this Agreement. 6.Applicant agrees to the following special conditions: 1. Upon completion of event, premises will be returned to "tour ready" condition and all items removed, including any refuse. 2. Applicant is financially responsible for any damage or cleaning fees that may result from use of the vacant premises. The first business day after the event,Sundance staff will inspect the suite and inform applicant of any damage or pending fees. Exhibit A (Currently approved area of use highlighted in red) q1 I _� T __________________________ Robert E. Simison, Mayor 1-28-2025 City of Meridian Attest: ______________________________________________ Chris Johnson, City Clerk 1-28-2025 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - December 2024 City of Meridian Monthly Financial Report FY2025 Dec-24 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 r! II i �■ r �■ '■� ■ f �IAkd T � n i a ,, 7r�1��ulu�iwulllsii �mirni t II r ie�► irr (�E IDII� F:\Reporting\Monthly Reports\FY2025\FY25 -3 Dec Council Report 1 of 3 Monthly Financial Report FY2025 Dec-24 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 4.71% VIDAHO BOND 3.60% FUND CASH 0.00% F I B 5.06% •FIB MoneyMarket$5,206,613 -Cash$20,644,680 MONEYMARKET •Idaho Bond Fund$77,382,440 •Idaho State Pool$112,971,494 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $4,000,000 $120,000,000 $3,500,D00 — $3,000,000 — $115,000,000 $2,500,000 — $uo,000,000 $2,000,000 — 5105,000,000 $1,500,000 $1,000,000 $100,000,000 $500,0010 ■ 595,000,000 $0 General Enterprise $90,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY25 ■FY24 F:\Reporting\Monthly Reports\FY2025\FY25-3 Dec Council Report 2 of 3 Monthly Financial Report FY2025 E IDIAN*-- Dec-24 IDAHO 12/1/2024 GENERAL FUND BALANCE ALLOCATIONS $120A00.000 5100A00.000 $80,000,000 $60,000,000 -- $40A00=0 $20,000,000 9/30/2U15 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 ■N—pendahle ■Restri eted ■Committed ■Assigned ■Assigned Reserves ■um—t ed ENTERPRISE FUND BALANCE ALLOCATIONS $120,000,000 $1.00,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 f 9/30/2015 9/30/2016 9/30/2017 9/30/2015 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 ■As signed ■Unassigned ■Assgged Reserves F:\Reporting\Monthly Reports\FY2025\FY25-3 Dec Council Report 3 of 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Proposed Updates to Title 2, Meridian City Code, regarding City Commissions Updates CommitteesCity Commissions & Title 2Code:to City Update.MeridianofCitytheinpoliciesandcodesordinances,allofreviewcompleteaPerform 2025 Strategic Plan-Why: 2021 Goal:.citizensourtoservicespremierprovideandeffectivenessimprovetoorderin processesandordinances What: Title 2 MYAC, MADC, SAB•Ad hoc:11)-7-10§Impact Fee Advisory Committee (MCC •11)-7-1§Meridian Districting Committee (MCC •9)-7-1§Compensation Committee (MCC •Other Titles:Board of Adjustment•Planning & Zoning Commission•Transportation Commission•Parks & Recreation Commission•Arts Commission•Solid Waste Advisory Commission•Historic Preservation Commission•Title 2 : •Uniformity in structure of code for each commission•ethics lawsClarify application of open meetings, public records, •Clarify roles and responsibilities•functionsUpdate language to reflect commissions’ current •code into general category provisionsMove redundant provisions from each commission’s •Standing committees•Ad hoc committees•Statutory commissions•Advisory commissions•Organized into general categories: Mayor Robert E. Simison City Council Members: ER,IDnIAN,.,Z_� Luke railer,Cavener, President Liz Strader,Vice President Brian Whitlock Doug Taylor John Overton Anne Little Roberts MEMORANDUM DATE: January 21, 2025 TO: Mayor Robert E. Simison Meridian City Council FROM: Emily Kane, Deputy City Attorney RE: Overview of proposed updates to Title 2, Meridian City Code This memorandum is provided to update you on the proposed changes to Title 2, Meridian City Code, which relate to the creation and operation of City commissions. I prepared this update to Title 2 as part of a greater effort to review and streamline Meridian City Code. The City of Meridian's 2021-2025 Strategic Plan includes this goal: "[U]pdate ordinances and simplify processes in order to improve effectiveness and provide premier services to our citizens." One of the enumerated strategies supporting this goal is to "perform a complete review of all ordinances, codes and policies in the City of Meridian to assess their value and relevance to the community." To that end, the City Attorney's Office is undertaking a comprehensive overhaul and restructuring of the City Code, in order to improve the Code's clarity, consistency, effectiveness, and navigational utility. The updates to Title 2, Meridian City Code, including the attached provisions regarding City commissions and committees, are part of this project. Among other things, the changes to Title 2 will: • Establish uniformity in the structure of the code-each section covers establishment of the board, duties and powers, qualifications, and meeting times. • Establish uniformity in substantive provisions for each commission's internal operations (e.g., bylaws, officer titles, annual reports, commissioner rules, appointment process, size, term, vacancies, additional terms, City staffing). • Move redundant provisions in each commission/committee's codes into one general section for each type of commission. • Update ordinance language to incorporate, rather than reiterate, the relevant Idaho Code provisions related to the statutorily governed commissions. • Clarify language related to Commission membership. • Categorize City commissions into: - Advisory commissions, which make recommendations to the Mayor and City Council on specific subject areas (e.g., Arts Commission, Parks & Recreation Commission), and - Statutory commissions, which operate pursuant to a statutory mandate (e.g., Planning& Zoning Commission, Impact Fee Advisory Committee). • Categorize City committees into: - Ad hoc committees, which are informally created to work through a specific subject on an as-needed basis (e.g., precious metals task force, golf course committee) and City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org - Standing committees, which are formally organized for a recurring purpose (e.g., Districting Committee, Compensation Committee,Utility Billing Review Committee). • Clarify which bodies are subject to open meetings laws,public records laws, and governmental ethics laws. • Remove references to outdated functions or operational functions that are now handled by City staff. I presented the proposed changes to each commission. The commissioners' questions and comments are summarized on the following pages. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org COMMISSION FEEDBACK ON PROPOSED TITLE 2 UPDATES Parks &Recreation Commission, 3/13/24 Commissioner Dennington: Does MPRC have members residing in the area of impact as required? Commissioner Roberts: What is the history? Kane: We do have a member who lives in the area of impact. Different commissions have different residency requirements and subject matter experts. MPRC is all professions and all walks of life because everyone uses parks;this includes AOI residents. Will review the residential requirement as written. Siddoway: Commissioners must be City residents or AOI residents to get perspective of future city residents. Commissioner Greer: Serves on Eagle Design Review board; having an interest+expertise+care about the area where one lives generates beneficial input. Commissioner Dennington: Do other departments submit annual report to City Council?Are they available? Siddoway: All other commissions do submit annual reports to City Council in the form of a verbal or PowerPoint presentation.MPR Department does a written annual report,but most other departments do not. Finance also does a quarterly report. Commissioner Bobo: Projects like the code update are time consuming; appreciates acknowledgement that MPRC stays on top of its requirements. Any changes to flag that will make a difference for the future? Kane: MPRC very functional,reliable so changes will not impact MPRC,no big recommended changes in conducting business. Siddoway: Draft does add clarity regarding attendance provisions—calendar year v. rolling 12 months. Commissioner Roberts: Changing from president to chair? Kane: Yes,this will be a change for all commissions, for uniformity. Commissioner Roberts: Is there a legal reason to delete appointing members of MPRC to subcommittees?Is it a good idea to have subcommittees? Kane: The provision being deleted refers to the Mayor's appointment of commissioners to bodies other than MPRC. Mayor can do that without this provision. MPRC can still have subcommittees even absent this provision. Planning and Zoning Commission,Email update 3/25/24 No questions; no feedback. Arts Commission,4/11/24 No questions;no feedback. Solid Waste Advisory Commission,4/24/24 No questions;no feedback. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org Historic Preservation Commission,4/25/24 Commissioner Johnston: Can HPC still have special meeting in November and December? Kane: Yes,can meet once or both months via special meeting. Commissioner Johnston: Changing from president to chair? Kane: Yes,this will be a change for all commissions, for uniformity. Commissioner Freeze: OK for commissioners to research available grants? OK to make phone call or email inquiry? Kane: Research is OK.Applying for grants is not. Only City staff can apply for grants,because grants can be a heavy lift for the City with regard to tracking, accounting,reporting, contracts, etc. City does have grant policy that applies to City staff regarding management of internal resources that are used to comply with grant requirements. Commissioner Giacomo: How will we address commissioner Johnston? Commissioner Johnston: Mr. Chair. Transportation Commission, 5/6/24 Commissioner LeClaire: Draft says that commissioners must be reappointed by unanimous vote of Council. Is that how it is now? Kane: Yes. Commissioner Lewis: New code and bylaws say different things regarding meetings. Can language in bylaws be copied into code? Kane: All commission bylaws do need an update. Recommend that we keep code general and when meetings fall on holiday, cancel meeting and notice a special meeting on another day if the commission wishes to still meet that month. Will look at bylaws and determine how best to match them up. Commissioner Steed: The bylaws were created by the TC. The code is created by City Council. Which governs? Kane: The City Attorney's Office wrote the model bylaws and customized them slightly for each commission. We need to go through and eliminate overlaps in code and bylaws because when the code changes,the bylaws become inconsistent. Would like to avoid reiterating in bylaws that which is in city code. Where there is a conflict,the city code supersedes. Commissioner Steed: Who does this? Kane: I do; will involve TC when it is time. Commissioner Steed: TC follows the 2-hour meeting limit. Would like to talk about that when the bylaws are updated. What happens when we have meeting on holiday? Hood: We cancel that meeting and notice a special meeting for the reschedule one. Typically try to do tour/mobile workshop then. Or just cancel. Commissioner LeClaire: The ordinance review subcommittee will look at bylaws. Should qualifications of office be a preference instead of a requirement? How much does mayor follow that? Can put preferences in bylaws rather than qualifications in the code. Concerned that someone will file a complaint. Kane: Will provide this feedback to mayor and Council. The mayor's office does follow the code in making appointments. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org Commissioner Lancaster: How are ordinances like this revised? Kane: I will present the proposed ordinance to City Council. When they are ready to move forward,the statute requires 3 readings before City Council, or Council may waive. Public hearing is not required. Commissioner Steed: Why delete"at the time of appointment"regarding age of youth commissioner? Kane: These are extraneous words because appointment is the moment at which the qualification attaches;not disqualified if turns 18 during service. Commissioner Steed: How are vacancies handled?Does a newly appointed commissioner complete vacating commissioner's term? Does it say that? Kane: Yes,the newly appointed commissioner completes the vacating commissioner's term. Commissioner Steed: Why remove section 6 [regarding maintaining a list of commission members]? List still kept somewhere? Kane: Yes,the City Clerk tracks this information. This function is moved to Title 1 and will be listed as a duty of the City Clerk. Commissioner Steed: Struck 5 lines of establishment of purpose. Agree with"other federal and state agencies, etc."but wants to leave in that purpose is"transportation planning and the safe and efficient movement, etc." Kane: Thank you,will move that forward. Commissioner Song: Termination clause—if miss half of the meetings,mayor can terminate commissioner's membership. Does this apply to Zoom attendance? Kane: Zoom attendance does not count as absence. Commissioners can attend meetings via Zoom or over the phone per Idaho Open Meetings Laws. Commissioner Song: Disqualifying absence from half of meetings is in calendar year? Kane: Yes,this is attempt to make that more clear. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org 1/21/25 DRAFT Updates to Title 2, Meridian City Code Titlechair 2-COMMISSIONS AND COMMITTEES CHAPTER 1.-ADVISORY COMMISSIONS;COMMITTEES BOARDS COALITION 2-1-1.=Advisory Commissions. Commented[EK1]:Updated provisions create categories for City boards and groups: A.All advisory commissions. The following provisions shall apply to all Gity-advisory commissions,which 1.Advisory commissions. Established/operate per City shall be defined as commissions created by City Council for the purpose of advising the Mayor and City Code+focus rvgeneral Cityfunctions Arts, Historic Preservation,Parks&Rec,Solidd Was Council on specific subjects,pursuant to and as enumerated in this chapter. Advisory commissions shall Transportation. include'ReWd Rg hut*e ii ted+,.,the Meridian Arts Commission,the Historic Preservation 2.Statutory commissions. Established/operate per Idaho Commission,the Parks and Recreation Commission,Piann'nrt..... Zoning Gem is�'��,the Solid Waste Code+focus on statutorily enumerated functions—e.g., Advisory Commission,and the Transportation Commission. Planning&Zoning Commission,Impact Fee Committee. 3.Ad hoc committees. Established/operate informally as needed+focus on specific objective or interest area— B.A. Previsiens..Creation of advisory commissions. e.g.,MYAC,dog park committee,UN committee. 4.Standing committees. Established/operate per City I!.[ ue-mayer has the autherity to create-varieus-cemm-issions-te advise the Mayor and City Code+focus on specific City actions-e.g.,Utility Billing ..if:,.subj,ets ,.....established fAr the r ....:....:e FI � � Review Committee. Commented[EK2]:Moved to 2-1-1(1))(1),below -2--. Advisory Commissions`hall ham..+...1 may be established by ordinance,and may be eliminated by repealing the establishing ordinance. _ — Commented[EK3]:Covered by Idaho Code(Open Re i,+++I,...;+,.,r ..i,;..,.,.f... ..,I shall be,.peR I.,...,,I. ,.to ..,r Meetings Law) 13.[ Ue-Gity Cewneil may eliminate any eemmissien at any time by Fepealing the _ Commented[EK4]:Consolidated with 2-1-1(B)(2),above. C9. Duties and authority_advisory_commissions. _ _ _ _ _ _ _ _ , Commented[EKS]•Reworded and made uniform 1. _ _ _ throughout Title. ,;hall hp deemed advisepy and shall The advisory commissions shall be recommending bodies,and shall make recommendations to the Mayor and City Council, within the scope of each commission's respective duties,as set forth in this chapter.All after such a ,-.I Shall hayp+h,.forep and,.fr,ct of this+i+l,. 12.lEach advisory_commission shall adopt bylaws for th_e proper cond_uct_of the— commissio_n's_ _ , Commented[EK6]:Moved these provisions to this business.All commission bylaws are subject to approval by the Mayor and City Council section for all advisory commissions to promote uniformity after recommendation by the Commission. and eliminate redundancy: -Bylaws -Chair/vice chair 3. Annually,each advisory commission shall elect a chair and vice chair,who shall serve in -Annual report such roles for twelve(12)months. Added prohibitions for Commissioners: -Entering into contracts(including verbal agreements)on 24. pert.YTtCIn addition to duties set forth in the respective commission bylaws, City's behalf the Comm;«;aR rhaii:chair of each commission shall submit an annual report to the -Applying for grants Mayor and City Council regarding the Commission's activities and accomplishments�a-tk�e •Entering private property fi-4hpipanep mf the objectives of this tiflp This shall not apply to the Planning and Zoning r, Page 1 1/21/25 DRAFT Updates to Title 2, Meridian City Code 5.Volunteer commissioners are not and shall not be authorized to enter into any contract on behalf of the City,to apply for or accept any grant or other funds on behalf of the City,or to make any verbal or written agreement binding the commission or the City.Subiect to City policy,City staff may apply for or accept grant or other funds on behalf of the City and/or in the name of a commission or committee. 6.Volunteer commissioners are not and shall not be authorized to enter private property, buildings,or structures in the performance of their official duties without the prior, express consent of the owner or occupant thereof. 17.�clvisory commissions and the respective commissioners thereof shall comply with the Commented[EK7]:Update clarifies which bodies are Idaho open meetings laws,Idaho Public Records Act,and Idaho Ethics in Government subject to Idaho Code Title 74,Transparent and Ethical laws. Government(open meetings,public records,governmental ethics). LLD. AiengbL �Advis— commission membership —qualcations. Commented[EK8]:Moved these provisions to this section for all advisory commissions to promote uniformity 1. Appeintment,Commission members shall be appointed by the Mayor and approved by and eliminate redundancy: the City Council on a vote of a majority of the City Council members,and commission -Appointment -Size members may,in like manner,be removed or replaced. -Minimum age -Commissioners are volunteers(uncompensated) 2 c'-^ C;^....nig,.i^^,;Each commission shall consist of up to nine(9)members. -Commissioner term is 3 years -Youth commissioner term is 1 year 3. Commissioners shall be that m,-over eighteen(18)years of age7 at the time of -Process for partial terms appointment,w+t#}except that one(1)member w4e-of each commission may be -Process for vacancies -Process for additional terms of service designated to represent youth,which commissioner^ h^ may bea �h�„e t,,em^ -Attendance requirements maunder eighteen(18)years of age. -City staff assignments to support commissions 9�4. GempensGtien.All Commission members and the officers thereof shall be volunteers, and shall serve the City without salaFy epcompensation for theiFsuch service e moo;.This shall not apply to paid G'ty er^the•geye ^^t^'City staff appointed to a commission within the scope of their employment^^remmi Wens as paps of their, GFk 45. Termer Al' ^'«'^^t^......Each commissioner's term shall be fGFa peried of hree(3) years,except that each youth commissioner's term shall be^^^('`pesiti^^that FRay be .h^.shall_,;Prvocer a t,-Fm of one(1)year.r,...missi.nep appeinted .to the passage of this title m sepve the F,,11 t..rm that they wepe appeiRtLed to itially and the n irnheF ef terms ;hall nnt hp rn,-ntpd toward any subsequent limitations. §6. PF;FNW tPrn99 GA commissioners may be appointed to a partial term when t;ey arc appointed to foil aR existiRg seat that has been vaeated due t9 FesigRati9R 9F FeFRA-al ''9•~•ni1;1;i9^^~1;may alse be appointed t a paFtial t •~to complete a vacating commissioner's term,or when a new seat is established to al'^v the term^ piFati^ align with the ether s ats en the rexpiration time p ed Partial#-rF.. Page 2 1/21/25 DRAFT Updates to Title 2, Meridian City Code Commented[EK9]:To be moved to Title 1 f-A-ure commission seats;�.A.fith the starting and ending dates of each Fespertive term. f8F the initial appeintment te a_.'Wh,the seat te align 4004h the ether spats en the commission seat is or will be vacant,the Mayor's Office shall publicly notice the opportunity to apply for the seat ^'i.i^^ II be^,bliely noticed f9F appointment to t"^ eat.The incumbent commissioner may reapply for the saFwe seat. 8 Si4ec-essive teFms.Commissioners may serve up to two(2)consecutive full terms—,-tRd I„a;. aAY pakial term they may seFve priop to appeiRtmeRt to a F„II t ,without separate approval.A third or all-successive terms must be approved by a unanimous vote of the full City Council unless^theFWi.^provided by law or ordinance A partial term shall not count as a term for the purpose of this provision. 9. FriannelF they.,eFe,..leet^.I wRiess seem,.,etheFwise by law.A.d.diti^....II., The mayor shall remove any commissioner#h-A-who misses one-half(%)of the meetings that aFe held by the commission to which such commissioner was appointed in any twelve aaeath calendar yead as of _ _ _ Commented[EK10]:Clarified to avoid confusion,aid December 31. tracking,and provide clean slate at each new calendar year. did._Budget;expenditures;sto(fsu_ppo_rt._ _ _ _ _ _ _ _ _ _ _ _ _ `� Commented[EK11]:Updated for clarityandsimplicity' \ Reiterates that volunteers may not bind City via contract. I A rpmmkslen Fnay be provided a budget with the approval of the City Council. Formatted:Indent:Hanging: 0.6" -21. T#e City Council may provide commission's budget Fnay be GFeated funds for an advisory commission's activities through the legally FeqHiFed budgetary process state 9F leGal^ ^t. F F......GiviGand p .at..6 and.... GQ1#FaGt with theme P_.ntWP_,;and previde information and reports as necessary. 3. The",,, aAny expenditures or contracts related to a commission's activities shall be administered, it"the ^liemes,by the designated eity depaFtmeRt OF City staff liaiseemember assigned to the commission,subject to City policy```c, No volunteer commissioner shall be authorized to enter into contracts on behalf of the City,including those related to services,goods,or the acceptance of grant funds. Page 3 1/21/25 DRAFT Updates to Title 2, Meridian City Code 141 The City Attorney or designee shall be assigned to each commission to provide legal Commented[EK12]:Moved from membership section, advice and support,and designated staff member(s)shall be assigned to each commission above. to provide administrative and operational support. Fj.Meetings. Regular meetings of advisory commissions shall be at Meridian City Hall,at _ Commented[EK13]:Moved this provision to this section the date and time specified by City Code.If the regular meeting date falls on a holiday.City for all advisory commissions to promote uniformity and election day,or primary or general election day,the meeting shall be canceled or rescheduled, eliminate redundancy. as the chair directs. If a quorum of the commission is not available for a regularly scheduled meeting,the meeting may be postponed to a different date and time,or may be canceled. Gert mittees,beaF^'s,coalitions. / Commented[EK14]:Moved to chapter 3(Committees) A. A-r-evisiens2. Unless oreated by ordinance or statute this type Of gFOUP shall not be subject to thL-'Hahn Code PFOV'Sions in regaFdS tO open meetings. title 10 .hapteF 7 of this Cade ^.I the A-Rape!of ndju tmentsUtility Billing Review Committee de-,.,..u.^.I mR thug 414,— 1. AppeintR9-9.4-Committee FnembeFs shall he selected by the Mayor and shall serve at the CHAPTER o nox innnnnleelnnl 2-2 1. rrt;Ibl*,; m.c-r.r`l ^^a I2-1-2.&ts Commission. _ Commented[EK15]:Structure for each advisoryIf commission's code: IA.Itstablishment;purpose. There is hereby established ar-the Meridian Arts Commission,the A.Establishment-Why is the commission established? purpose of which shall be to ^ ^"t t"^ t advise the Mayor,City Council,and City staff B.Duties and powers-What is the commission authorized to do? on matters regarding Meridian's arts and cultural resources,enhaR e the eity' the City's C.Qualifications-Who may serve on the commission.? aesthetic environment,and pfewet-the development of economic,educational,recreation, D.Meetings-When does the commission meet? and tourism opportunities within the-eity-Meridian through the advancement of publicly Commented[EK16]:Reworded for clarity and uniformity accessible arts and cultural enrichment. with other advisory commissions'provisions. AaB. Duties and powers. The Arts Commission shall be authorized to support, Commented[EK17]•Reworded for clarity and uniformity provide input,represent the public interest,and make recommendations to the Mayor,City with other advisory commissions'provisions. Council,and City staff regarding: 1. Assess4The needs of the Meridian community with regard to the arts and rnakp q,-Gh Page 4 1/21/25 DRAFT Updates to Title 2, Meridian City Code 2 ctim.-Ulate and iatiGn^f*The importance of publicly accessible arts and culture,and ks-their benefits to the community; Commented[EK18]:Moved to/reworded in section(11),— reeeptive ekmaie k-w t4p-a4s,and premete self sustaining arts preerams within the Gityj- below 4 °^•''^w and advise the City Ce ncil^ 'The aesthetic aspects of works of art or public monuments-ndpr rensielprati^„}^"^^ ^^*^'^ ^^'to be installed by the City of Meridian; 15.1 Provide input and_advice_to City staff on operational functions_related to the arts. Commented[EK79]:Added to include and clarify this function of commission. 5-6 �F�^�^'The development of,and provide general information and encouragement to,the city's cultural organizations,artists,institutions and community organizations sponsoring arts activities; Commented[EK20]:This is an operational role of staff/Arts&Culture Coordinator;current language will conflict with Meridian City Code section 2-1-1(E)(3),which says that City staff handle contracts(including grant contracts). Commented[EK21]:This is an operational role of deo „pGessapy to eaFFy „the f „ct.^„ of the staff/Arts&Culture Coordinator Commented[EK22]:This is an operational role of Arts& ,I deyei^.....ent of publie pFegpaFns fuptheFiR the Culture Coordinator—Changed to"Make recommendations regarding management and disbursement of funds dedicated to City arts programming"—section(e)(9),below. pursuance eft"„objectives,„f this chapteF;and Commented[EK23]:This is an operational role of staff/Arts&Culture Coordinator—changed to"Make recommendations regarding matters relevant to the commission's purpose in the planning processes undertaken 497 ReGnm^end erdina^^^"and^'"^"wife PF9V"Cie infer"'~'^^f^"'"^p6lFlaeses^f by local,State,or Federal agencies"—section(13)(10),below. advanrpm^n�^f^„�^f City policies and activities to advance publicly accessible arts and cultural enrichment in the 6Wt ;Ct . 18.the adoption of a strategic plan_for the arts in_Meridian. — — — — — — — — — _ — Commented[EK24]:Added—MAPS funds are tied to / MAC Strategic Plan. 19.1—The m_an_aee_me_nt and_disbursem_ent_of funds dedicated t_o City arts_pro_sra_mmins. — — — —_ Commented[EK25]:Added(s)(9-11)to reflect current MAC functions. 10.Matters relevant to the commission's purpose In provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. 11.The development,growth,and preservation of the City's art resources,a receptive climate for the arts,and self-sustaining arts programs within Meridian. Page 5 1/21/25 DRAFT Updates to Title 2, Meridian City Code C.Qualifications. All members ofthe Arts Commission shall have an interest,competence,or knowledge in the arts. L Commented[EK26]:Moved to Meridian City Code section 2-1-1 r........�«i^„May est assistance s,-..m the City rled( B. Rules Gnd b)4Gws.The Arts Commission shall adept bylaws,rules and regulations for the prepe apPF8Yal of the nA.,.,...aAd rit„r..uneil after r nda n by the r,.........i.-��.... 2-74 -Meetings. D.Meetings.The Arts Commission shall convene regular meetings at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho, chc^u h Fnenc.r^„th^„'h at 3:30 p.m.,on the second Thursday of each month, the ea!eRdaF yeap iR v0hieh event the published sehedule shall apply.The CAMMOSSiAR shall keep Commented[EK27]:Covered by Open Meetings Law and Meridian City Code section 2-1-1. CHAPTER A. W19TAOIC PREURVAT10141 COMMISSION 12-1-3.Historic Preservation Commission._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK28]:Structure for each advisory commission's code: 2-o + Establishment. A.Establishment—Why is the commission established? LA.establishment;purpose.There is hereby established a_Historic Preservation Commission,the purpose B.Duties and powers-What is the commission authorized_ to do? of which shall be to^ th....E +: ,I ..It l ?eeRemie Rd, ..J...JO-..P Of th..pUbliG Bf \ C.Qualifications-Who may serve on the commission.? the Gity th.^,gh th^advise the Mayor,City Council,and City staff on matters regarding the \ D.Meetings-When does the commission meet? identification,evaluation,designation,documentation,and protection of these buildings,sites,areas, Commented[EK29]:Reworded for clarity and uniformity structures,and object-sartifacts which reflect significant elements of the Gity's,the stat and the with other advisory commissions'provisions. nat'nn's Meridian's historic,architectural,archaeological,and cultural heritage. 2-2-2.-Duties and poweTS. IB.I uties and powers._The Historic Preservation Commission shall be authorized to support,provide _ _ Commented[EK30]:Reworded and reformatted for commendations tothe Mayor,City Council,and clarity and uniformity with other advisory commissions'input,represent the public interest,and make re City staff regarding: provisions. 1. Conduct^suFvey-Surveys of local historic properties in Meridian and Meridian's impact area for the purpose of documenting and identifying significant historic properties,including those potentially eligible for the National Register of Historic Places. The nominations of properties in Meridian and Meridian's impact area to the National Register _ , Commented[EK31]:Moved from below of Historic Places. 2 Rprp.,.mend theacqu ti „ a k^^ „d esser interests i„historic„rops,ertie Commented[EK32]:HPC does not typically recommend „ I,,.. ...adjacentng t r lands,h.,„ h bequests,� r that the City purchase or otherwise acquire historic properties. Covered by catch-all authorization in section (13)(7),below,if necessary. Page 6 1/21/25 DRAFT Updates to Title 2, Meridian City Code A Rprpmmend methods and PFOcedures necessary to pFeserve,restore,maintain and a erate Commented[EK33]:HPC does not typically weigh in on private real estate transactions related to historic properties.Covered by catch-all authorization in section (13)(7),below if necessary. Commented[EK34]:This is an operational role of . .. ......applicable laws and city policies,including these regaFding purchasing,the employment Of OF the contFacting with etheF parties,OFganizations, staff/Arts&Culture Coordinator;violates Meridian City Code section 2-1-1,which says that volunteers may not bind City via contracts(including grant contracts). the fw Af the hi 3. Methods and procedures necessary to preserve,restore,maintain and operate historic properties in Meridian and Meridian's impact area. Commented[EK35]:This is an operational role of staff/Arts&Culture Coordinator Commented[EK36]:Consolidated in section(13)(5),below fe d.. ..I goverRMPRt Rel the ageneies of theseentities. / _ _ _e_s _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _E)f _hiS _ _ _ _ Commented[EK37]:This is an operational role of PFe5eFV@tieR in the^Gity. staff/Arts&Culture Coordinator 4.9. °•^^^^t^anH_r-^^^' ,et an^Edu cat ional and interpretive programs on historic preservation and historic properties in tK #Vt eridian. Peyiew-n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK38]:Removed this as a specific function •ithiR the^ty' ��- a.i due to rarity+it is covered by catch-all authorization in section(13)(7),below if necessary 5.Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. 111.� ReeGimmend for City Council approval such ordinances,special enndkonn,;or rpstrietions as Commented[EK39]:Covered by authorization in sections nh Rd. Of hi (13)(6)and(7). 6.Opportunities and actions that may further the protection,enhancement,and preservation of historic properties. 112.[ Hjstef'c—PrP,;PPgat'Pn Commission members,employees OF agents _.._p Commented[EK40]:Volunteer commissioners must follow open meetings laws regarding site visits+violates Affi..ia,.J,Mies ..,.I.,with the...,pFess.....sent of the....,APICAF lPaRt tl....Feef. Meridian City Code section 2-1-1,which says that volunteers may not enter private property without consent. 7.The preservation of buildings,sites,areas,structures,and artifacts which reflect significant elements of Meridian's historic,architectural,archaeological,and cultural heritage. Page 7 1/21/25 DRAFT Updates to Title 2, Meridian City Code 2-2-2.-membership;qualifications-. C.Qualifications.All members of the Historic Preservation Commission shall have a demonstrated interest,competence,or knowledge in history or historic preservation.The City Gewnei'`hall^^`'^a•'^ te-appeip�At least two(2)members with-should have professional training or experience in the disciplines of architecture,history,architectural history,urban planning,archaeology,engineering,law, or other"'`tap'^ppese at'^n•^late`'`isGipli^^`professions related to historic preservation. 123 --OF1—i.t+..-L — Commented[EK41]:Moved to Meridian City Code section 2-1-1 rielk. 9. Rules Gnel/q)4,gw,;-The Histepir.PFP1;PRVRtiGR C;AmmissieR shall adept bylaws,Fules and FegulatieRs All bylaws,ruleq and Fegulatiens are subject to the approval of the Mayor and City Council aftpF rpromm'-nd tien by the r, 2-e—2 m Meetings. e.e.tings srn*S D.Meetings.The Historic Preservation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue,Meridian,Idaho,each monthat 4:30 p.m.,on the fourth Thursday of each month lexcept November and December. l-less at the fist meetiRg of eae.h ealeRdaF yeaF,the. _ _ Commented[EK42]:Added per HPC Coordinator's h event the publi request due to holidays. ffeeessary te eappy t the.h Af the!'ommio Commented[EK43]:Covered by Open Meetings Law. CHAPTER A--rP-.,..KS p�ni,.9n-r�€6P. ATION GOPA ".:SS]A.".' 2 4 1. Establishment I2-1-3. IParks and Recreation Commission. _ Commented[EK44]:structure for each advisory commission's code: A.Ltablishment,purpose.There is hereby established a Parks and Recreation Commission,the purpose A.Establishment-Why is the commission established? of which shall be to••^''' t"the P^''"Dep'talent`t^" ^^''t^advise the MayeF \ B.Duties and powers-What is the commission authorized ^e.^i.,^,.ti,.,, to do? Mayor and the CityCouncil O^the^•-' Fly ^-'^rF,^,^^t Ra ;^, t. t:^^^F on matters regarding the \ ? C.Qualifications-Who may serve on the commission. City parks system and recreational programmins`"tan ^`"^ ^'n^'t^ ^n^n '^' ^n'^n'^t"^• \ D.Meetings-When does the commission meet? Commented[EK45]:Reworded for clarity and uniformity with other advisory commissions'provisions,and to reflect 2-4-2. Duties and poweFs. current objectives of commission. IB.Outies and powers. The Parks and Recreation Commission shall be authorized to support,provide_ Commented[EK46]:Reworded and reformatted for input,represent the public interest,and make recommendations to the Mayor,City Council,and City clarity and uniformity with other advisory commissions' staff regarding: \ provisions. Formatted:Indent:Left: 0",First line: 0" City Council and the Mayeraste the best use efall public parksand any land OFlOtS Page 8 1/21/25 DRAFT Updates to Title 2, Meridian City Code purposes,and as such to make recommendation regarding the emamenting,adOFn*ng,laying e-A and.improving of the grounds of said parks, 1.The design of City parks,pathways,and related facilities. 12. _ _ mie _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK47]:This is an operational role of the MPR Director. fariliti..s i^the^it.. Commented[EK48]:This is an operational role of the MPR Director/Superintendent. Git�T Commented[EK49]:This is an operational role of the City a � .f t .. .a�I—.,h.... i II „�^nl^^... . , Arborist..I^. . Recreational and'm aeis ire"^programming and activities. 6-3 49pese plans,FeeempneRelatiens and suggestions f9F t" The future growth,development and regulation of park,playground,and recreation facilities of the city. g g Commented[EK50]:This is an operational role of the — la — — st — — — — — — — — — MPR Director. 91" the MaYOF and City GOURGil. Fe _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _aRnwal_ _ _tO_ _SHbFnitted_ _ _ Commented[EK57]:This is an operational role of the th dmt--Fe,;far the next fiseal yealF PFOOF W the budget e Park,;N F .F heF. .a IP MPR Director. ppeposal being submitted to Cit.,Geu RGil f^.apppeval. 9-4 Suggest and recernmend m i^"Facility rules and regulations necessary and desirable to GaFry out the intent of this^hapt... 44975. Revie••and r. �The Parks and Recreation Master Plan and any subsequent updates or revisions. Commented[EK52]:Moved to/reworded in(e)(6),below 6.Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. Commented[EK53]:This is an operational role of the Fecem ^ndati ens te-the N4.ay F Feg rd Ong these,.anr id;it s Mayor. Mayor may ask one commissioner to participate, but this is not a role of the commission as a whole. 113.� impfeve and correlate the problems of governmental administration of all recreation and Commented[EK54]:This is an operational role of the ledSW.^^ ..f t"^^ MPR Director. Page 9 1/21/25 DRAFT Updates to Title 2, Meridian City Code 114.k Appoint mpmhpr--;mf thp Commission to s-heemmittees to provide community te Commented[EK55]:Committee appointments are covered by bylaws;community info is an operational role of d Ipisi,,we ,.f th , Marketing Coordinator. _ _reeemmendatiens_regaFdiAg_ _ _ _ _ _ fees_f9F_faGilityFeSeFVati9AS_ _ _ Commented[EK56]:Finance works with City staff to ,and establish fees in accordance with statute. tl.p P-#ah I*.qh Pnt Pf fppq for urban forestry 7. The development,growth,maintenance,and improvement of City parks,pathways,and recreational facilities. 8.Serve as the City's Tree Board,pursuant to requirements of the National Arbor Day Foundation regarding the City's designation as Tree City USA. Commented[EK57]:Covered by Meridian City Code YeaFS..f„ aFe eligible t SeFVe 9R the Parks RRGI R.PGF,...tiAR C;AMMisg,.., section 2-1-1 C.Qualifications.All members of the Parks and Recreation Commission shall have a demonstrated interest,competence,or knowledge in parks,pathways,open spaces,sports,or recreation.All members shall reside within City limits,except that^one(1)or two 2 members&ha4ma reside in the be-a Commented[EK58]:Changed AOI representation on Fe,;melpRt of the area of impact but Re maFe thaR« e("Fnembe%• •be appe i to f. 2 . ,;i4e.ts of Parks&Rec Commission from mandatory to optional. h n n• OFganization L Commented[EK59]:Moved to Meridian City Code section 2-1-1 o n c Meetings D.Meetings.The Parks and Recreation Commission shall convene regular meetings at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho,each Me~t"~t"at�-��.39!uo-p.m.'on the _ _ , Commented[EK60]:Changed time of Parks&Rec second Wednesday of each month.unless,at the fiFst meetiRg of each Gal eRdaF yeaF *. ^ Commission meetings per Commission request. the meetings of the Cemmiqsien Additional meetings of the Commission may be seheduled by the r,..,..rn',; necessary to� ��t the bi- of the r,.......;« — Commented[EK61]•Covered by Open Meetings Law. rHAPTco S. oI ewlnu NG AND ZONING COMMISSION • . Commented[EK62]:Moved to Chapter 2,below Page 10 1/21/25 DRAFT Updates to Title 2, Meridian City Code T-heFe is hereby established a planning and zening commission,the puFpese of whiGh shall he to advise the Mayor and City Council in regards to matters that rerne before th.e.m. title 67,chapter 6F,Pf the Idahn C; dp knnwn a,;the mral I and Use Pla ning Act,title!I of this Cede known a,;the Unified Development and and all etheF laws within theiF 0 as defined the state,eF I.. ..I..MOMRAGR Code, , The Planning and Zoning Commission--;hall have a mini.m.-Urn.efthrpp(3)membeFs.The members, mthpr th;in thesp from the impact area,must have resided in the county two(2)years and n the eity for residence FequiFern&Rts as these 10.4thin the city,except that they need n0t have Fesided OR the eity for oRe(1)yeap and RPPGI Rat he A Fesident ef the city.Membeps ef the Commission shall be selected .,ith....t respect to political affiliations The CAFRFniq,;iAn ;hall elert a ChamrpRaR and rFeate and fill any etheF 94mee that it may deem 2_5_4 _Ruler records,and meetings-. A. Adoption Ofb�4GVVS.Written organization papeFs 9F bylaws eeRsist,-Rt v0ith this COGIP RRGI AthPF IR-5 of the state for the tr ct'., of business of the GemmissieR May be ade ed I#a*I;pd r i ehall he Meridian City Hall,33 East Broadway Avenue,Meridian,Idahe,on then first and.third.Thursday e Pach menth at 6:00 p.m.of said days.All meetings and rprerels shall be open to the pu 7_5_5 _Expenditures and staff 944 -D..t'..r The!'.....FnigriA shall have the All ItiPr ar t f..rtl,i title 11,ehapt..r[..f this Peel.. Commented[EK63]:Structure for each advisory commission's code: CKA DTED�G._CSO11D\A/A STC.0-VIS ORY CO AINA ISSI IN A.Establishment—Why is the commission established? 2-c 3. rrtahlirh..eR% B.Duties and powers—What is the commission authorized to do? 2-1-3. Solid Waste Advisory Commission. J C.Qualifications-Who may serve on the commission? D.Meetings—When does the commission meet? of which shall be to A.LEstoblishment,purpose. There is hereby established a Solid Waste Advisory Commission,the purpose r^� Fn d t, Commented[EK64]:Reworded for clarity and uniformity ^^^^^^ nd t advise the MayorCity Council,and Public with other advisory commissions'provisions. Page 11 1/21/25 DRAFT Updates to Title 2, Meridian City Code Works Department staff on matters regarding solid waste collection and disposal.any new or amen'^' rules,regulations,policies,and fees as such may relate to the orderly and eff-icip-m-ad-rniniqtratien of the eity's Fully aut..mated ..astp collection system. I Duties and peweFS. A. GGMMJ�55.ig.gthe IB�.Duties and powers.The Solid Waste Advisory Commission_shall be authorized to support,provide Commented[EK65]:Reworded and reformatted for input,represent the public interest,and make recommendations to the Mayor,City Council,and City — clarity and uniformity with other advisory commissions' staff regarding: provisions. ' Ordinances,policies,and fees related to•^'^F^ O^^tl.....FdeF'y and effi.'ent •' monist atiAR a€the eity's aute-Rw4ed0ty's solid waste collection system,—and disposal services. 2 Revie v a^''FeeemmeRd^Programs and projects desigRed t ^,that promote7 and improve the-residential and commercial solid waste and recycling management practices in the eemmunity,"^'^I^^that help reduce the mrneunt of that Pndg•^'^divert waste from the landfill;;—, Reyime„ w a„^'''e6erx—MP—Rd^Fd-mRa^^^^se eharagesf9F the puFlaese5 E)f eRSHr gthat the Commented[EK66]:Consolidated into section(1),above 1^ Reyiew and reeemmen d roles latiens,^elieie5,and fees neees5aFy and �+�_ _ _ _ _ �=ga a��o �_ _ _ i _ — Commented[EK67]:Consolidated into section(1),above desipable — Commented[EK68]:Covered by section(1),above agenemes ^a _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK69]:Operational function of the Solid at-;Rlm J;.vaste Rd. ,..I:^,.facilities and ;Prv0ees of the e l Waste Coordinator Commented[EK70]:Moved to/rewarded in section(S), this h ter below �** m — Commented[EK71]:Covered by other provisions in�Is section teFy measures relating to the cost,operation and management of the eky!& ut.mated slid. a-st..M nt s,stemj 93 Heal,^^''FP•Apy.f Pgralatpd.s5olid waste aaanageraent initiatives and concerns of 0ssuesbrought forth by citizens of Meridian,—or franchisee#,and provide recommendations on such matters to City staff CityGGLI Gil• crc'9"'com�cm_ 494. Manage Management and disbursement of funds in the Community Recycling Fund program including establishing PFOgram perieds and verifying fuRd R^ availability;Feceive and Feview program and funding updates;review and Lzvall 5.Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. 6. The development of solid waste initiatives that promote clean,safe,cost-effective solid waste management within Meridian. Page 12 1/21/25 DRAFT Updates to Title 2, Meridian City Code C.Qualifications.IAII members of the Solid Waste Advisory Commission shall be residents of the City of Commented[EK72]:Shifts focus of qualifications to Meridian and shall have a demonstrated interest,competence,or knowledge in^,�6and solid Meridian residency. waste management.Commission.. .,.beFShip shall be selected fre...the f^n^..,ing^ .Up to two(2) ('`McFidiaR.^s;a^^'One member shall be under eighteen(18)years of age at the time of appointment to represent youth, r Au. mbeF shall he A 4^.,,,aR. ,�,., ^^t T6..F@ shall he twe(2) ,......,... ..ffi^i..... mI eFS made u of A representative 49n;the n4...7,daR!'it.,G96IRGil and representative of the current solid waste franchisee shall serve as an ex officio member. 126 • Commented[EK73]: Moved to Meridian City Code section 2-1-1(C) for the proper rend-irt of thp h,-sinpss of thp Commission All commission bylaws,rules and r,. o c c n eeti..,... D.Meetings.The Solid Waste Advisory Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue,Meridian,Idaho,at 4:00 p.m.,on the fourth Wednesday of each month.FegHlar FneetiRgs at the NAP-FidiaR City Hall,33 East Preadway,NlleridiaR,Idahe,at least quarteFly. c-alendap year in whiGh event the pub4ht-d sehedule shall apply.All meetiRgs ef the GemmiSsien shall he AdditieRal meetiRgs ef the commission may be scheduled as Reeessary to carry out the bUSiRess of the '-^�" _ Commented[EK74]:Covered by Open Meetings Law. CHAPTER 7.TRliNNSPO..T^.TIGN COMMISSION 2 7 1. Establishment. v I2-1-4.Transportation Commission._ Commented[EK75]:Structure for each advisory IA.Establishment;purpose.There is hereby established a transportation commission,the commission's code: purposes of which shall be to provide a forum for cooperation,coordination,planning,and A.Establishment-Why is the commission established? communication between the City Rf MpFidi;m and As-citizens and organizations concerned with B.Duties and powers-What is the commission authorized to do? transportation planning and the safe and efficient movement of vehicular and pedestrian traffic C.qualifications-Who may serve on the commission? throughout the community,`''th^th^'fork-ral state,and leral gevemmental agenries D.Meetings-When does the commission meet? r Commented[EK76]:Reworded for clarity and uniformity Department(ITID),Valley Regional TFansit(VIRT),and thp Comm--no y Planning Association Al with other advisory commissions'provisions. ce--lVh••^-t'dahe(COMPASc`and to advise the Mayor,City Council,and City staff on matters regarding transportation in Meridian. 2-7-2.-D,ties and. B. uties and powers. The tFanspertatlewTranSportatlOn^^ o Commented[EK77]•Reworded and reformatted for Commission shall be authorized to support,provide input,represent the public interest,and make clarity and uniformity with other advisory commissions' recommendations to the Mayor,City Council,and City staff regarding: 1 provisions. Page 13 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. Receive,review,and makp rprnmmPndationq to thp City Council on all P11prod*an C+ty Policies,programs,and issues related to Ttraffic Ssafety and Ttransportation MatteFSmatters affecting Meridian. 12.1—suggest P+ejeets to the Gity Pewnei'that inerpase safety in pedestrian and qrhF;Al tFaffie and— Commented[EK78]:Operational function of that^^..^"^ii.,;....."^••^*"^cci^"^c^+••*""^•,^"^•,*the^.., Transportation Coordinator -2 ReGei•^ review, nd^G*^^ ^^ram"' *Motorist,pedestrian,and bicyclist concerns or issues referred to the commission by City Council,other political bodies,or City staff""^ ^"*'^"*"" '*' ^^ ^'^^^"'"^n,that relate to transportation safety-Gf the*raveling^ubk the t-raffie safety and Commented[EK79]:Moved to below tFanspekatien elements of the eity'S 68FnPFehensiYe plan,as may he neeessaFy. -53. Compile and" nd to City Council annually a li.+gc*An annual list ofthe highest priority roadway,intersection,bicycle and pedestrian improvement projects for inclusion in state,regional and local transportation funding programs, such as the Community Planning Association of Southwest Idaho(COMPASSI long range transportation plan,Ada County Highway District(ACHDI's capital improvements plan,and Idaho Transportation Department(ITDI's long range vision/plan. 64 Rpvipi.y and make" ^•'Begs*^rity GeuReii^ *The annual budget and five-year work plan(FYWP)prepared by the Ada County Highway District( CHDI. — Commented[EK80]:Deleted because covered above —Im,.'; 19. _Review and — d — — — — — — — — — — — — — — — — — — — Commented[EK87]:Deleted because covered above— 19.1 _ _side"theF tFaA5PGFtati9R and tFa#06 Safety fflatteFS as — —19P—Fefe_FFeel— — e — — — — Commented[EK82]:Moved to/reworded in subsection 2 b ,�rity rg mil etNeF g _ 6-4f above 5.Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. C.Qualifications. All members of the Transportation Commission shall have an interest, competence,or knowledge in matters relating to transportation planning and traffic safety. Commission membership shall be comprised of:Four(4)Meridian citizens residing within city limits,one position of which may be designated to represent youth;three(3)Meridian business owners or employees of a business in Meridian;and two(2)individuals with technical expertise and/or education in a transportation related field.The four(4)Meridian citizens should,if possible,represent different geographic areas of Meridian.Tallonvoting ex officio members shall be made"""`�^'include representatives from the^^^"'^"^^City Council,^rH^ iTn COMPASS,VIRT aAd, "^^g"idign igin*Seh A'Pi..*"iet 2 staff.the Ada County Highway District,Idaho Transportation Department,Community Planning Association of Southwest Idaho,Valley Regional Transit,and West Ada School District. h;E n, OFga..izat:on L Commented[EK83]:Moved to Meridian City Code section 2-1-1(C) .... __organ ze by electing a ChaiF,Vice ChaiF,and such other efficeFs as may be necessary. Page 14 1/21/25 DRAFT Updates to Title 2, Meridian City Code -R. R-1de,;Gnd by4Gws.The Transportation Corn misSie-n sh all-a dept bylaws,Fules and regul at'on s forth e proper conduct efthp husinp-s-s efthp Commission The bylaws,rules and regulations are subjeet to the approval of the nn-yer and City r..une afteF F .,lotion I.. the CeFri. is,_;i n o 7 S. nneet*Rgs D.Meetings. The Transportation Commission shall convene regular meetings at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho,PaGh me^�"^^�h at 3:30 p.m.,on the first Monday of each month.'unless,at the fiFSt meeting of each calendaF.ear the Commission hall Pstablish a meeting sc-hed-ulp forthe calendar year in whieh event the publishpri schpd-le sh llapply.The C;9MMOSIARR.AdditiGRRI meetings of the Gemmissien may be seheduled by the Gemmission as the 136' Af}h"CAM `"i _ _ _ _ _ _ _ _ _ _ _ — Commented[EK84]:Covered by Open Meetings Laws. CHAPTER 2.-STATUTORY COMMISSIONS. 2-2-1.-Statutory commissions. A. All statutory commissions. The following provisions shall apply to all statutory commissions, which shall be defined as commissions created and governed pursuant to Idaho Code. Statutory commissions shall include the Planning and Zoning Commission and the Development Impact Fee Advisory Committee. B. Creation of statutorV commissions.Statutory Commissions shall be established as required by the applicable provisions of Idaho Code. C. I Duties and authority Iof sta_tutorV_commissions._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK85]•Reworded and made uniform 1.Statutory commissions shall be authorized to act within the scope of each commission's throughout Title. Current term is"roles and respective duties,as set forth in this chapter,the applicable provisions of Meridian City responsibilities" Code,and the applicable provisions of Idaho Code. 12.1 Volunteer commissioners are not and shall not be authorized to enter into any contract Commented[EK86]:Added prohibitions for on behalf of the City,to apply for or accept any grant or other funds on behalf of the City, Commissioners: or to make any verbal or written agreement binding the commission or the City. -Entering into contracts(including verbal agreements)on 3. Volunteer commissioners are not and shall not be authorized to enter private property, City's behalf -Applying for grants buildings,or structures in the performance of their official duties without the prior, .Entering private property express consent of the owner or occupant thereof. 4. Statutory commissions and the respective commissioners thereof shall comply with the Idaho open meetings laws,Idaho Public Records Act,and Idaho Ethics in Government laws. 15.1 Each statutory commission shall adopt bylaws for the proper conduct of business. Commented[EK87]:Added to comply with Idaho Code section 67-6504(c):"Written organization papers or bylaws D. Statutory commission membership and qualifications. consistent with this chapter and other laws of the state for 11.1 Commission members shall be appointed by the Mayor and approved by maiority vote of the transaction of business of the commission shall be adopted" the City Council. Vacancies shall be filled in like manner.Commission members may be removed for cause by a maiority vote of City Council. Commented[EK88]:Follows the process set forth in Idaho Code section 67-6504(a). Page 15 1/21/25 DRAFT Updates to Title 2, Meridian City Code 2. A commissioner may be appointed to a partial term to complete a vacating commissioner's term,or when a new seat is established. 3. Commissioners shall be over eighteen(18)years of age at the time of appointment. 4. All Commission members and the officers thereof shall be volunteers,and shall serve the City without compensation for such service. E. Budget,expenditures;staff support. 1. City Council may provide a budget for a statutory commission's activities through the budgetary process. 2. Any expenditures or contracts related to a commission's activities shall be administered, by the designated City staff member assigned to the commission,subject to the City's policies.No volunteer commissioner shall be authorized to enter into contracts on behalf of the City,including those related to services,goods,or the acceptance of grant funds. 13.1 The City Attorney or designee shall be assigned to each commission to provide legal _, Commented[EK89]:Moved from membership section, advice and support,and designated staff member(s)shall be assigned to each commission above. to provide administrative and operational support. I2-2-2. Planning and Zoning Commission. Commented[EK90]:This section includes provisions required by Idaho Code section 67-6504 for the establishment and operation of the P&Z Commission, A.Establishment;purpose;authority.There is hereby established the Planning and Zoning without repeating the language of that statute or any Commission,the purpose of which shall be to advise the Mayor,City Council,and City staff particular provisions thereof(e.g.current MCC section 2-5-3 regarding land use matters,and/or make decisions regarding land use matters,pursuant to the reiterates 67-6504(3)(b)'ssubcommittee authority). This authority set forth in Title 67,Chapter 65,Idaho Code(the Local Land Use Planning Act)and Title eliminates redundancy and defers to LLUPA. 11,Meridian City Code(the Unified Development Code). Commented[EK91]:Reworded to clarify and conform to Idaho Code section 67-6504(a). IB�.bualification_s;term. The Planning and Zoning ICommission shall have at least three(3),but no more _! Commented[EK92]:Idaho Code section 67-6526 was than nine(9)membersl.At least one(1)member must be a resident of the City impact area,outside the updated by the 2024 Legislature,but the changes do not ) require a substantive change to our ordinance.The corporate limits;must have resided in Ada County for at least two(2)years prior to appointment;and relevant provision(Idaho Code section ordinance. says: must remain a resident of the City impact area during the member's entire term on the Commission. The other members must each be residents of the City of Meridian,must have resided in Ada County for "If the area of impact has been properly established, persons living within the delimited area of impact shall be at least two(2)years and in the City of Meridian for at least one(1)year prior to appointment,and must ) entitled to representation on the planning,zoning,or the remain a resident of the City of Meridian during their entire term on the Commission.Each member's planning and zoning commission of the city of impact.Such representation shall as nearly as possible reflect the term shall be three(3)years.No person shall serve more than two(2)full consecutive terms proportion of population living within the city as opposed without specific approval by a two-thirds'vote of City Council. to the population living within the areas of impact for that city." Population in Meridian city limits is 142,830. C.Officers. At the first meeting of each calendar year,each statutory commission shall elect a Population in Meridian AOI is 4,590. chair and vice chair. The chair shall run each meeting of the commission,and the vice chair shall The AOI population is 3.2%of the city population. act as the chair in the event of the chair's absence. Therefore 1/7 or 2/7 AOI commissioners does(more than) reflect the proportion of AOI:City residents. D.Meetings. The regular meetings of the Planning and Zoning Commission shall be held at Commented[EK93]:Updated to comply with Idaho Code Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho,on the first and third Thursday of section 67-6504(a)(3). each month,at 6:00 p.m. Commented[EK94]:Moved from Meridian City Code / section 10-7-11. 2-2-3.Development Impact Fee Advisory Committee — EK to delete or add reference to this section in MCC section 10-7-11. Page 16 1/21/25 DRAFT Updates to Title 2, Meridian City Code A.Establishment;duties and powers. There is hereby established the Development Impact Fee Advisory Committee,pursuant to the authority in,and for the purpose of fulfilling the duties set forth in Idaho Code section 67-8205. B.Duties;powers. The Development Impact Fee Advisory Committee shall serve in an advisory capacity and is established to: 1.Assist the City in adopting land use assumptions; 2.Review the capital improvements plan and proposed amendments,and provide written comments; 3.Monitor and evaluate implementation of the capital improvements plan; 4.File periodic reports,at least annually,with respect to the capital improvements plan and report to the CitV any perceived inequities in implementing the plan or imposing the development impact fees;and 5.Advise the City of the need to update or revise land use assumptions,the capital improvements plan,and development impact fees. C.Qualifications;term. The Development Impact Fee Advisory Committee shall have a minimum of five(5)members.Two(2)or more members shall be active in the business of development,building or real estate.Employees or officials acting in their official capacitV for a governmental entity shall not be appointed as members of the committee. All members of the Development Impact Fee Advisory Committee must reside within Meridian city limits. Each member's term shall be three(3)years.No person shall serve more than two(2)full consecutive terms without specific approval by a two-thirds'vote of City Council. D.Meetings.The regular meetings of the Development Impact Fee Advisory Committee shall be held at Meridian CitV Hall,33 East Broadway Avenue,Meridian,Idaho. The Chief Financial Officer shall convene a meeting of the Development Impact Fee Advisory Committee at least annually. CHAPTER 3.—COMMITTEES. 2-3-1.—Definitions. For the purposes of this chapter,the following words and phrases,and derivations thereof,shall be defined as follows: A.Ad hoc committee means an informally organized group of citizens,City staff,and/or elected officials:convened by the Mayor,City Council,or City staff as needed:for the purpose of taking a specific action or providing input to the Mayor,City Council,or City staff on a specific subject. B.Standing committee means a subagency of the City enumerated in this chapter or other City ordinance;created by the Mayor,City Council,or City staff for the purposes set forth in the committee's enabling ordinance. Standing committees shall include the Meridian Districting Committee,Compensation Committee,and UtilitV Billing Review Committee. 2-3-2.—All committees. The following provisions shall apply to all City committees: Page 17 1/21/25 DRAFT Updates to Title 2, Meridian City Code A. Establishment.The Mayor and the Directors are authorized to establish ad hoc committees, or convene standing committees as set forth in this chapter.I B.Transparent and Ethical Government. Both standing and ad hoc committees shall be subject to the Idaho Public Records Act,and their members to the Idaho Ethics in Government laws and Title 18,Chapter 13,Idaho Code(regarding bribery and corruption). Standing committees are subagencies of the City,created by ordinance,and are therefore subject to the open meetings laws. Commented[EK95]:Clarifies which committees are required to comply with the open meetings laws and which C. Selection of members. Except as otherwise provided,committee members shall be selected are not. Meetings of ad hoc committees(e.g.Linder Road by the Mayor,City Council,or City staff,and shall serve at the pleasure of same. Task Force,UDC review committee,ATV committee,golf course task force)are not required to comply with the OML, because none of the definitions of"public agency'in the D. Members are volunteers.All committee members shall be volunteers,and shall serve the City OML apply. without compensation for such service.This shall not apply to City staff appointed to a committee within the scope of their employment. However,standing committees(e.g.Districting Committee, Compensation Committee,Board of Adjustment),like commissions,are"public agencies'under the definition in E. Expiration.A committee shall expire when its purpose is completed,or,in the case of ad hoc 74-202(5). committees,when the Mayor or Director determines that the committee is no longer necessary. Records produced by both kinds of committees are public F.Staff support.Designated staff member(s)may be assigned to each committee to provide records and that both kinds of committee members can administrative and operational support.The City Attorney or designee may attend committee violate the ethics rules or commit bribery. meetings to provide legal advice and support. 2-3-3.—Standing committees. The following provisions shall apply to all Standing Committees: A. Appointment of members. The Mayor shall,with the approval of the City Council,appoint members to standing committees. The term of such appointments shall be one(1)year,or for time necessary to achieve the purpose for which the committee is convened,whichever is shorter.Should a vacancy occur on a standing committee,the vacancy shall be filled in like manner as soon thereafter as practicable. B. Officers.At the initial meeting of the committee,the Committee members shall elect a Chair and Vice Chair. 1.The Chair shall be a voting member of the committee and shall hold the same rights and privileges as any other committee member.The decisions,statements,and/or actions of the Chair shall obligate,commit,and/or represent the committee only insofar as the committee has specifically authorized.The Chair's duties shall include: a. Preparing meeting agendas in cooperation with the City Clerk or designee; b. Presiding over all meetings,and c. Signing all documents requiring an official signature on behalf of the committee. 2.The Vice-Chair shall perform the duties of the Chair in the absence of the Chair,and such other duties as maV be delegated bV the Chair. 3.A special election may be held at any time to fill a vacancy of the office of Chair or Vice-Chair. 4.The Chair shall propose,and the committee members shall adopt,a timeline of meetings and actions to timely complete the committee's work. Page 18 1/21/25 DRAFT Updates to Title 2, Meridian City Code C. Agenda.The agenda for all meetings shall be prepared by the Chair in consultation with the City Clerk or designee.The City Clerk or designee shall assist the Chair with scheduling meetings, posting meeting and agenda notices,preparing meeting minutes,and distributing agendas, minutes,and other materials to committee members prior to each meeting. D.Quorum.A maiority of currently appointed committee members shall constitute a quorum for the transaction of any business. E.Voting.Each voting member shall be entitled to one(1)vote on any matter.Except as otherwise designated herein,the vote of the maiority of the voting members present at any meeting at which a quorum is present shall effectuate any decision.Voting shall be verbal and on the record;proxy voting,secret voting,and written voting shall not be permitted. F.Meetings.Except as otherwise provided,scheduling of public hearings,public comment,or presentations before a committee shall be at the discretion of the Chair.The Chair may set rules to maximize efficiency and productivity of meetings,including setting a time limit for comments or presentations. 2-3-4. IMeridian Districting Committee. Commented[EK96]:No substantive changes here,but I did move the parliamentary procedure provisions to the"all A. Establishment;purpose.There is hereby established the Meridian Districting Committee,the standing committees"section(above). purpose of which shall be to establish six(6)City Council districts and assign one(1)City Council seat to represent each City Council district,in accordance with applicable laws,available federal decennial census data,and principles of districting as are or may be established by law,policy, and custom governing the same. B.Duties and powers. The Meridian Districting Committee shall: 1. Evaluate and apply federal decennial census data regarding the City of Meridian in order to establish six(6)City Council districts pursuant to the provisions of I.C.50-707A; Title 1,Chapter 7,Meridian City Code;and all other applicable provisions of local,state, and federal law. 2. Assign City Council seats,numbering 1 through 6,to the corresponding numbered City Council districts,pursuant to this Chapter. 3. Act independently to make decisions regarding designating and numbering City Council districts,without regard for the residency of elected officials or candidates running for municipal office of the City of Meridian. 4. Consult resources and experts in demographics and population distribution, including,without limitation,the Community Planning Association of Southwest Idaho, the United States Census Bureau,and their delegees and staff,as needed or desired. 5. Consult resources and experts in districting and apportionment,including,without limitation,the Idaho Secretary of State,the Idaho Commission for Reapportionment,the Ada County Clerk,and the delegees and staff thereof,as needed or desired. 6. Consult City of Meridian Geographic Information System and Planning staff for information and assistance with establishment of City Council districts and the preparation of maps. 7. Consult the City Attorney or designee regarding compliance with applicable Idaho Code and Meridian City Code provisions. Page 19 1/21/25 DRAFT Updates to Title 2, Meridian City Code C.Membership qualifications. The Meridian Districting Committee shall be established as follows: 1. In addition to the names of the appointed members,the resolution shall include the following directives to the City Clerk: a. Directing the City Clerk to convene the Meridian Districting Committee. b. Directing the CitV Clerk to post on the City of Meridian website the agenda and minutes of the Meridian Districting Committee meetings,as well as the census data used by the Meridian Districting Committee in the course of its charge under this section. 2. Voting members of the Meridian Districting Committee shall include six(6) Meridian residents from diverse geographic areas of Meridian,to include at least one(1) individual who resides south of Interstate 84,one(1)individual who resides north of Ustick Road,one(1)individual who resides west of Meridian Road,and one(1) individual who resides east of Meridian Road.The six(6)Committee members shall be voting members,and shall serve without salary or compensation for their service. 3. The Meridian Districting Committee shall include the following ex-officio,non- voting members: a. The City of Meridian Geographic Information System Manager or designee; b. The City of Meridian Planning Manager or designee;and c. The Ada County Clerk or designee. 4. The Meridian Districting Committee may include the following ex-officio,non- voting members,as may be hired by the City of Meridian:a statistician,a cartographer, and/or any other experts whose services may be helpful in the discharge of the Meridian Districting Committee's responsibilities. D.Ineligible for candidacy. A person who has served on the Meridian Districting Committee shall be ineligible to run for a Meridian City Council seat for five(5)years following such service. E.Duties and powers.The following process shall apply to the establishment of City Council districts: 1. The Meridian Districting Committee shall evaluate and apply the federal decennial census data for the City of Meridian in order to establish six(6)City Council districts pursuant to the provisions of I.C.50-707A;Title 1,Chapter 7,Meridian City Code;and all other applicable provisions of local,state,and federal law.To assist the Committee,one (1)or more of the ex officio members shall prepare three(3)potential districting maps for the Committee's initial consideration.The Committee may utilize one(1)of these potential districting maps,or the Committee may develop and utilize a different districting map. 2. Upon completion of a draft districting map,the Meridian Districting Committee shall designate each City Council district with a number from 1 to 6 pursuant to the provisions of Meridian City Code Section-and this chapter.The draft map and numbered CitV Council districts shall constitute the draft districting plan.The Meridian Districting Committee shall hold a minimum of two(2)public hearings to receive public testimony on the draft districting map. 3. The Meridian Districting Committee shall act to establish,by resolution,the Meridian Districting Plan. The resolution must be approved by at least four(4)voting members to be effective,and shall certify that the established City Council districts meet Page 20 1/21/25 DRAFT Updates to Title 2, Meridian City Code the criteria set forth in I.C.50-707A and other applicable statutes and laws.The Meridian Districting Plan shall include the following documents,which shall be appended to the resolution,and incorporated into the same by reference: a. A map of the City of Meridian showing the exact locations of the designated City Council districts,labeled with the district numbers and corresponding City Council seat numbers. b. A description of the boundaries of the City Council districts,described by the names of streets or other established features or landmarks. c. A declaration that the City Council seats shall be designated with numbers corresponding to the like-numbered City Council districts,in accordance with Meridian City Code Section-. 4. The Meridian Districting Committee shall transmit its resolution to the CitV Clerk, and the CitV Clerk shall: a. Schedule a public hearing before the City Council on the resolution; b. Make the resolution available on the City of Meridian's website;and c. Publish a notice of hearing on the matter before the City Council. 5. The City Clerk shall publish notice of the public hearing on the Meridian Districting Committee's Meridian Districting Plan before CitV Council at least once prior to the date set for the public hearing,which notice shall solicit written and verbal testimony on the City Council districts as established bV the Meridian Districting Committee,and shall include a link to the City of Meridian's webpage with access to the resolution and appended documents. 6. The City Council shall conduct a public hearing on the Meridian Districting Plan as established by the Meridian Districting Committee,in accordance with the procedures set forth in Meridian City Code for public hearings.Following such public hearing,the CitV Council shall review the Meridian Districting Plan as established bV the Meridian Districting Committee,and upon a finding that it meets the criteria set forth in I.C.50- 707A,shall adopt it by ordinance as the final Meridian Districting Plan.Such act shall be a ministerial function of the City Council;modification of the Meridian Districting Plan established by the Meridian Districting Committee shall occur only upon remand to the Meridian Districting Committee.The City Council may remand the matter to the Meridian Districting Committee only upon a finding,supported by substantial evidence, that the Meridian Districting Plan established by the Meridian Districting Committee does not meet the criteria set forth in I.C.50-707A.Should the City Council fail to adopt the Meridian Districting Plan via ordinance at least one hundred thirty-five(135)days prior to the date of the next general city election,the Meridian Districting Committee's last resolution shall comprise the final Meridian Districting Plan. 7. The City Clerk shall file the Meridian Districting Plan with the CountV Clerk at least one hundred thirty-four(134)days prior to the next general City election,with a request that the County Clerk prepare ballots and establish polling places for all subsequent Meridian City Council elections in accordance with the Meridian Districting Plan.Upon the CitV Clerk's filing of the Meridian Districting Plan with the CountV Clerk,the Meridian Districting Committee shall automatically dissolve. 8. CitV Council maV,pursuant to I.C.50-707,modify CitV Council seat numbers after the Meridian Districting Plan has been adopted,so long as such modifications are approved by ordinance at least one hundred thirty-five(135)days prior to the date of the next general City election. Page 21 1/21/25 DRAFT Updates to Title 2, Meridian City Code F.Meetings.Meetings of the Meridian Districting Committee shall be held at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho. The City Clerk,at the direction of the Mayor, shall convene the initial meeting of the Meridian Districting Committee. Additional meetings of the Meridian Districting Committee maybe scheduled by the Chair as necessary to carry out the business of the Committee. 2-3-5.Compensation Committee. A. Establishment;purpose. There is hereby established the Compensation Committee,the purpose of which shall be to make recommendations to City Council regarding the Mayor's and City Council's compensation. B.Membership qualifications. The Compensation Committee shall consist of no less than five(5) citizens,business leaders,and former elected or appointed officials of the City of Meridian. C.Duties and powers. The Compensation Committee shall make recommendations to City Council regarding whether to adjust,increase,or decrease the Mayor's and City Council's respective compensation. In setting the budget for the compensation of the Mayor and City Council,City Council shall consider,but shall not be bound by,the recommendations of the committee.In making its recommendations,the Compensation Committee may consider any or all of the following: 1.Similar salaries in other cities. 2.Economic factors. 3.Potential impact to the City's budget, 4.The elected officials'performance while in office,and 5.Changes to other City employees'salaries. D. Meetings. Meetings of the Compensation Committee shall be held at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho. The Human Resources Director shall convene the Committee in each municipal election year,prior to the budget workshop. CWAPTER a RGARD OF A dk1STA4E IT 2-3-6.— Utility Billing Review Committee. Commented[EK97]:New name Establishment;purpose;duties and powers. There is hereby established a be_art-I e# _ Commented[EK98R97]:EKto update Meridian City adjustmeRtthe Utility Billing Review Committee,feFthe purpose of which shall be to keaeing Code section 9-1-7(description of BOA)and 9-2-3 hear disputes,objections,appeals,or requested adjustments by an authorized water and/or I:--- sewer user related to--water and/or sewer user accounts,statements,and fees,and/or permits Commented[EK99]:Streamlined this provision including,but not limited to,nonpayment and shutoff of water service,assessment fees, connection fees,wastewater discharge permits,monthly user charges or other fees established by title 9 of this Code regarding water and sewer use and service. B.Membership qualifications. The Utility Billing Review Committee shall consist of at least three (3)members,but no more than five(5)members,to include the Director of the Public Works Department or designee;the City Attorney or designee;and at least one(1)Meridian citizen. The citi7pn rr. ry hPr'.-tprrn rL.,II 2-2_2 Duties and peweFs- A. The-Beard Rf Ad wstmeRt sh-.II he utheFi_iced t Page 22 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. PFOpese to C ty Council for approval the Mies of procedure feF cendweting hearings by the sh-A94 ef water seFviee,assessmeRt fees,eeRReetien fees,wastewater dmSGhaFge PeRnitS, meRthly usep rhapges er ether fec-�L-4ahlkhod by title 9 ef this Cede regapding water and sewer use and Monies;the heard,;hall direct all payments to he_m ......t_made directly to the City Finance Depa.t. 2-9- R.Alemhn.Shipj Gl alifiEatiens .h.. Coundil on a vote of a majority of the City Cowne'!members,and heard rnprnhpr,;r h FPFnAVPd eempensatieR.The eity shall ppevide the neeessapy and suitable equipment and supplies te speetive teRnS Shall 0 nitially inelude ene(1)seat with a one YeaF teFm;one(1)seat with nfiFinati..n by the City Ge wnnil ehal1. n fn.the Fe.rn ai.n.de.-of.the Fed teFFM hQ n OFganizati.... L — ,1 Commented[EK100]:Covered by section 2-3-3(B) elect s ugh..th.....ffi...... t..I.......... 7 4 [ Meetings C.Meetings.The BeaFd of^dju t...^nt Utility Billing Review Committee shall net meet regularly, h„ h^II convene upon scheduling and notice by the City Clerk following receipt of a written request for hearing as set forth in this chapter.YHCWhen necessary,the Beafd-e# AdjwstmeRtUtilitV Billing Review Committee shall convene to,.eRel•irt side"heffings at 3:00 p.m.,on the third Wednesday of the month at the Meridian City Hall,33 East Broadway Avenue, Meridian,Idaho. eemply with Idaho Open^Onetime I^.••�.Additional meetings of the Board of Utility Billing Review Committee may be scheduled by the$eard Committee as necessary to carry out the business of the$eardCommlttee. Page 23 1/21/25 DRAFT Updates to Title 2, Meridian City Code D.Hearing process. The following process shall apply to hearings before the Utility Billing Review Committee: A. 1.An authorized water and/or sewer user may request a hearing hefeFe the ReaFd of Adjustment regarding y dispute appeal,9F elaiertien Folatczd to%; ugh a-theFi7od fees,to,nonpayment and shuteff of viater service(preterrnination hearing),assessment connection fees ,atP.F discharge permits, enthly user charges A other fpps -•�t.... established by title 9 Af this!'...J......aFdiAg water aril W......-S..and.....,*ee by Adjustment(hereiRafteF"h.....-nV! &h II_submitting a written request for hearing to the City Clerk within thirty(30)days from the dated notification of administrative denial of a request for adjustment.Such request for hearing shall include such hearantuser's name,mailing address, telephone number,e-mail address,and water or sewer account number and address;narnes and renta4 ^F^ w^ti^^^F^t"^F AF Parties;and a description of the matter(s)to be brought before and considered by the beaFd of adjustmerrtUtility Billing Review Committee. 2.G.Upon receipt of a timely and complete request for hearing,the City Clerk shall schedule the matter for hearing at the next meeting of the BeaFd of Adjustmer4Utility Billing Review Committee A request for hearing that is received after 3:00 p.m.on the second Wednesday of the month shall not be heard until the third Wednesday of the following month.The City Clerk has authority to schedule the matter for hearing at an alternative time,with the Chair's approval.^F^••ided the hear'^^' \A I'thi.,t e(2)WGFI*mRg days of sehed Aling the hea Fi Rg tThe City Clerk shall rra4- rp ovide notice thepee€of the hearing to the heRFARtuser RRd tA^II I(RA •^iRtPFP#PGl AF OFIvelved 3.POn the date and time duly-noticed for hearing,the 13eaFd of AdjustmeF tUtility Billing Review Committee shall conduct a fairaad inqpaptial hearing on the matter brought by the user. The Committee shall provide the user"^^•^^t H^^•^^t'"^""^ affe ^^'the opportunity to renfr^^t itnesse t^present credible evidence,to personally appear and be represented and/or accompanied by an advisor or other legal representative,to be judged on facts adduced at the hearing,and to otherwise be heard on the matter hPfRFe the-RRRFd of Adjustment. takL—. 4.F. TAt the conclusion of the hearing,the Board of Adju trnentUtility Billing Review Committee shall provide"^^root with an ral state a verbal decision at the ^clusi^^^F the heaFiAg •..hi,.h.J..,.i..'....Sh..11 iRriude the_B8aF,,of Adjust neet!s to include general findings of fact and conclusions of law in support of its decision.The RBRFdCommlttee shall declare the payment of any money deemed owed to the city due and payable to the City Finance Department immediately or by a date certain,as appropriate.The $eafdCommlttee shall also verbally and on the record inform the hearant user of his-er her-the user's right to appeal the BeardCommittee's decision to the City Council. G5. The Board^F Adjustrnent ity Attorney or designee shall prepare a written decision including 4sthe Committee's findings of fact and conclusions of law.The Chai Page 24 1/21/25 DRAFT Updates to Title 2, Meridian City Code City Attorney shall mail the written decision to hearantthe user within twe{2-)seven L71 working days of the conclusion of the hearing. 2 8 7. Bight t appeal. E.Appeal process.A. A irrmited Fight of appeal♦ the City Ce -Reil shall he available to a h...rant user who receives an adverse decision by the 139apd ef adjustmepitUtility Billing Review Committee shall have a limited right of appeal to the City Council,pursuant to the following:^R GR+pII^&i^^" ..cts with the P ..s tires set fai#h ir,this spetie 1.8—Within three(3)working days of the nch-sion of the hearing bef^s^the Rear J of A jus ,the hearant_issuance of the written decision,the user shall file with the City Clerk: a.4�--A written notice of appeal,including heaFaRt'S Rame,mailing addFe« ..s dFess...aMPS Rd G9RtRGt iRf9FMRti9R 9f Ath..s O.. t..sl O AI.,..sl par-toes;and a statement of the basis for the appeal,including specific objections to the Beard of AdjustmentUtility Billing Review Committee's findings of fact and/or conclusions of law;and b.-2-.-—A cash or check deposit in the amount determined by the€eaF e€ A AUtility Billing Review Committee to be due and payable. 62. Upon timely receipt of a complete notice of appeal,the City Clerk shall schedule the appeal for hearing before the City Council within thirty(30)calendar days.The City Clerk shall provide notice of such hearing to the Ontprest,.el,. 433. On the date and time duly noticed for hearing before City Council,each party may make a brief statement to City Council.No new evidence shall be presented;City Council shall decide the matter upon consideration of the record of the hearing before the beapd ef adjustrnef4UtilitV Billing Review Committee. €4. City Council may affirm,overturn,or modify the decision of the€eaFd A Adjustmef4Utility Billing Review Committee.City Council shall overturn or modify the decision of the BeaFd of Adjustme4#Utility Billing Review Committee only where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous.City Council may order that h^a ^t's the user's deposit be forfeited to city or refunded,less any adjustments.City Council may order that the payment of any additional money deemed owed to the city be due and payable to the City Finance Department by a date certain.The decision of the City Council shall be final. Page 25 1/21/25 DRAFT Updates to Title 2, Meridian City Code Titlechair 2-COMMISSIONS AND COMMITTEES CHAPTER 1. -ADVISORY COMMISSIONS. 2-1-1.—Advisory Commissions. A. All advisory commissions. The following provisions shall apply to all advisory commissions, which shall be defined as commissions created by City Council for the purpose of advising the Mayor and City Council on specific subjects, pursuant to and as enumerated in this chapter. Advisory commissions shall include the Meridian Arts Commission,the Historic Preservation Commission,the Parks and Recreation Commission,the Solid Waste Advisory Commission, and the Transportation Commission. B. Creation of advisory commissions. Advisory Commissions may be established by ordinance, and may be eliminated by repealing the establishing ordinance. C. Duties and authority of advisory commissions. 1. The advisory commissions shall be recommending bodies, and shall make recommendations to the Mayor and City Council, within the scope of each commission's respective duties, as set forth in this chapter. 2. Each advisory commission shall adopt bylaws for the proper conduct of the commission's business. All commission bylaws are subject to approval by the Mayor and City Council after recommendation by the Commission. 3. Annually, each advisory commission shall elect a chair and vice chair, who shall serve in such roles for twelve (12) months. 4. In addition to duties set forth in the respective commission bylaws,the chair of each commission shall submit an annual report to the Mayor and City Council regarding the Commission's activities and accomplishments. 5. Volunteer commissioners are not and shall not be authorized to enter into any contract on behalf of the City,to apply for or accept any grant or other funds on behalf of the City, or to make any verbal or written agreement binding the commission or the City. Subject to City policy, City staff may apply for or accept grant or other funds on behalf of the City and/or in the name of a commission or committee. 6. Volunteer commissioners are not and shall not be authorized to enter private property, buildings, or structures in the performance of their official duties without the prior, express consent of the owner or occupant thereof. 7. Advisory commissions and the respective commissioners thereof shall comply with the Idaho open meetings laws, Idaho Public Records Act, and Idaho Ethics in Government laws. D. Advisory commission membership and qualifications. Page 1 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. Commission members shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and commission members may, in like manner, be removed or replaced. 2. Each commission shall consist of up to nine (9) members. 3. Commissioners shall be over eighteen (18)years of age at the time of appointment, except that one (1) member of each commission may be designated to represent youth, which commissioner may be under eighteen (18)years of age. 4. All Commission members and the officers thereof shall be volunteers, and shall serve the City without compensation for such service.This shall not apply to City staff appointed to a commission within the scope of their employment . 5. Each commissioner's term shall be three (3)years, except that each youth commissioner's term shall be one (1)year. 6. A commissioner may be appointed to a partial term to complete a vacating commissioner's term, or when a new seat is established. 7. If a commission seat is or will be vacant,the Mayor's Office shall publicly notice the opportunity to apply for the seat.The incumbent commissioner may reapply for the seat. 8. Commissioners may serve up to two (2) consecutive full terms without separate approval.A third or successive term must be approved by a unanimous vote of the full City Council.A partial term shall not count as a term for the purpose of this provision. 9. The mayor shall remove any commissioner who misses one-half(%) of the meetings held by the commission to which such commissioner was appointed in any calendar year, as of December 31. E. Budget;expenditures;staff support. 1. City Council may provide funds for an advisory commission's activities through the budgetary process. 2. Any expenditures or contracts related to a commission's activities shall be administered by the designated City staff member assigned to the commission, subject to City policy. No volunteer commissioner shall be authorized to enter into contracts on behalf of the City, including those related to services, goods, or the acceptance of grant funds. 3. The City Attorney or designee shall be assigned to each commission to provide legal advice and support, and designated staff member(s) shall be assigned to each commission to provide administrative and operational support. F. Meetings. Regular meetings of advisory commissions shall be held at Meridian City Hall, at the date and time specified by City Code. If the regular meeting date falls on a holiday, City election day, or primary or general election day,the meeting shall be canceled or rescheduled, as the chair directs. Page 2 1/21/25 DRAFT Updates to Title 2, Meridian City Code If a quorum of the commission is not available for a regularly scheduled meeting,the meeting may be postponed to a different date and time, or may be canceled. 2-1-2.Arts Commission. A. Establishment;purpose. There is hereby established the Meridian Arts Commission, the purpose of which shall be to advise the Mayor, City Council, and City staff on matters regarding Meridian's arts and cultural resources,the City's aesthetic environment, and the development of economic, educational, recreation, and tourism opportunities within Meridian through the advancement of publicly accessible arts and cultural enrichment. B. Duties and powers. The Arts Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. The needs of the Meridian community with regard to the arts; 2. The importance of publicly accessible arts and culture, and their benefits to the community; 3. The aesthetic aspects of works of art or public monuments to be installed by the City of Meridian; 4. Provide input and advice to City staff on operational functions related to the arts. 5. The development of, and provide general information and encouragement to,the city's cultural organizations, artists, institutions and community organizations sponsoring arts activities; 6. City policies and activities to advance publicly accessible arts and cultural enrichment in the City. 7. The adoption of a strategic plan for the arts in Meridian. 8. The management and disbursement of funds dedicated to City arts programming. 9. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. 10. The development, growth, and preservation of the City's art resources, a receptive climate for the arts, and self-sustaining arts programs within Meridian. C. Qualifications. All members of the Arts Commission shall have an interest, competence, or knowledge in the arts. D. Meetings. The Arts Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 3:30 p.m., on the second Thursday of each month. 2-1-3. Historic Preservation Commission. A. Establishment;purpose. There is hereby established a Historic Preservation Commission,the purpose of which shall be to advise the Mayor, City Council, and City staff on matters regarding the Page 3 1/21/25 DRAFT Updates to Title 2, Meridian City Code identification, evaluation, designation, documentation, and protection of buildings, sites, areas, structures, and artifacts which reflect significant elements of Meridian's historic, architectural, archaeological, and cultural heritage. B. Duties and powers. The Historic Preservation Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. Surveys of local historic properties in Meridian and Meridian's impact area for the purpose of documenting and identifying significant historic properties, including those potentially eligible for the National Register of Historic Places. 2. The nominations of properties in Meridian and Meridian's impact area to the National Register of Historic Places. 3. Methods and procedures necessary to preserve, restore, maintain and operate historic properties in Meridian and Meridian's impact area. 4. Educational and interpretive programs on historic preservation and historic properties in Meridian. S. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. 6. Opportunities and actions that may further the protection, enhancement, and preservation of historic properties. 7. The preservation of buildings, sites, areas, structures, and artifacts which reflect significant elements of Meridian's historic, architectural, archaeological, and cultural heritage. C. Qualifications. All members of the Historic Preservation Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation.At least two (2) members should have professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other professions related to historic preservation. D. Meetings. The Historic Preservation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 4:30 p.m., on the fourth Thursday of each month except November and December. 2-1-3. Parks and Recreation Commission. A. Establishment;purpose. There is hereby established a Parks and Recreation Commission, the purpose of which shall be to advise the Mayor and the City Council on matters regarding the City parks system and recreational programming. Page 4 1/21/25 DRAFT Updates to Title 2, Meridian City Code B. Duties and powers. The Parks and Recreation Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. The design of City parks, pathways, and related facilities. 2. Recreational programming and activities. 3. The future growth, development and regulation of park, playground, and recreation facilities of the city. 4. Facility rules and regulations. 5. The Parks and Recreation Master Plan and any subsequent updates or revisions. 6. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. 7. The development, growth, maintenance, and improvement of City parks, pathways, and recreational facilities. 8. Serve as the City's Tree Board, pursuant to requirements of the National Arbor Day Foundation regarding the City's designation as Tree City USA. C. Qualifications. All members of the Parks and Recreation Commission shall have a demonstrated interest, competence, or knowledge in parks, pathways, open spaces, sports, or recreation. All members shall reside within City limits, except that one (1) or two (2) members may reside in the area of impact. D. Meetings. The Parks and Recreation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 4:00 p.m., on the second Wednesday of each month. 2-1-3. Solid Waste Advisory Commission. A. Establishment;purpose. There is hereby established a Solid Waste Advisory Commission,the purpose of which shall be to advise the Mayor, City Council, and Public Works Department staff on matters regarding solid waste collection and disposal. B. Duties and powers. The Solid Waste Advisory Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. Ordinances, policies, and fees related to the City's solid waste collection system and disposal services. 2. Programs and projects that promote and improve residential and commercial solid waste management practices that help divert waste from the landfill. Page 5 1/21/25 DRAFT Updates to Title 2, Meridian City Code 3. Solid waste initiatives and concerns brought forth by citizens of Meridian or franchisee, and provide recommendations on such matters to City staff. 4. Management and disbursement of funds in the Community Recycling Fund program. 5. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. 6. The development of solid waste initiatives that promote clean, safe, cost-effective solid waste management within Meridian. C. Qualifications. All members of the Solid Waste Advisory Commission shall be residents of the City of Meridian and shall have a demonstrated interest, competence, or knowledge in solid waste management. One member shall be under eighteen (18)years of age at the time of appointment to represent youth.A representative of the current solid waste franchisee shall serve as an ex officio member. D. Meetings. The Solid Waste Advisory Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 4:00 p.m., on the fourth Wednesday of each month. 2-1-4.Transportation Commission. A. Establishment;purpose. There is hereby established a transportation commission,the purposes of which shall be to provide a forum for cooperation, coordination, planning, and communication between the City and citizens and organizations concerned with transportation planning and the safe and efficient movement of vehicular and pedestrian traffic throughout the community, and to advise the Mayor, City Council, and City staff on matters regarding transportation in Meridian. B. Duties and powers. The Transportation Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. Policies, programs, and issues related to traffic safety and transportation matters affecting Meridian. 2. Motorist, pedestrian, and bicyclist concerns or issues referred to the commission by City Council, other political bodies, or City staff that relate to transportation safety. 3. An annual list of the highest priority roadway, intersection, bicycle and pedestrian improvement projects for inclusion in state, regional and local transportation funding programs, such as the Community Planning Association of Southwest Idaho (COMPASS) long range transportation plan, Ada County Highway District (ACHD)'s capital improvements plan, and Idaho Transportation Department (ITD)'s long range vision/plan. 4. The annual budget and five-year work plan prepared by the Ada County Highway District. Page 6 1/21/25 DRAFT Updates to Title 2, Meridian City Code 5. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. C. Qualifications. All members of the Transportation Commission shall have an interest, competence, or knowledge in matters relating to transportation planning and traffic safety. Commission membership shall be comprised of: Four(4) Meridian citizens residing within city limits, one position of which may be designated to represent youth;three (3) Meridian business owners or employees of a business in Meridian; and two (2) individuals with technical expertise and/or education in a transportation related field.The four(4) Meridian citizens should, if possible, represent different geographic areas of Meridian. Nonvoting ex officio members shall include representatives from the Ada County Highway District, Idaho Transportation Department, Community Planning Association of Southwest Idaho,Valley Regional Transit, and West Ada School District. D. Meetings. The Transportation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 3:30 p.m., on the first Monday of each month. CHAPTER 2.—STATUTORY COMMISSIONS. 2-2-1.—Statutory commissions. A. All statutory commissions. The following provisions shall apply to all statutory commissions, which shall be defined as commissions created and governed pursuant to Idaho Code. Statutory commissions shall include the Planning and Zoning Commission and the Development Impact Fee Advisory Committee. B. Creation of statutory commissions. Statutory Commissions shall be established as required by the applicable provisions of Idaho Code. C. Duties and authority of statutory commissions. 1. Statutory commissions shall be authorized to act within the scope of each commission's respective duties, as set forth in this chapter,the applicable provisions of Meridian City Code, and the applicable provisions of Idaho Code. 2. Volunteer commissioners are not and shall not be authorized to enter into any contract on behalf of the City,to apply for or accept any grant or other funds on behalf of the City, or to make any verbal or written agreement binding the commission or the City. 3. Volunteer commissioners are not and shall not be authorized to enter private property, buildings, or structures in the performance of their official duties without the prior, express consent of the owner or occupant thereof. 4. Statutory commissions and the respective commissioners thereof shall comply with the Idaho open meetings laws, Idaho Public Records Act, and Idaho Ethics in Government laws. 5. Each statutory commission shall adopt bylaws for the proper conduct of business. D. Statutory commission membership and qualifications. Page 7 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. Commission members shall be appointed by the Mayor and approved by majority vote of the City Council. Vacancies shall be filled in like manner. Commission members may be removed for cause by a majority vote of City Council. 2. A commissioner may be appointed to a partial term to complete a vacating commissioner's term, or when a new seat is established. 3. Commissioners shall be over eighteen (18)years of age at the time of appointment. 4. All Commission members and the officers thereof shall be volunteers, and shall serve the City without compensation for such service. E. Budget;expenditures;staff support. 1. City Council may provide a budget for a statutory commission's activities through the budgetary process. 2. Any expenditures or contracts related to a commission's activities shall be administered, by the designated City staff member assigned to the commission, subject to the City's policies. No volunteer commissioner shall be authorized to enter into contracts on behalf of the City, including those related to services, goods, or the acceptance of grant funds. 3. The City Attorney or designee shall be assigned to each commission to provide legal advice and support, and designated staff member(s) shall be assigned to each commission to provide administrative and operational support. 2-2-2.— Planning and Zoning Commission. A. Establishment;purpose;authority. There is hereby established the Planning and Zoning Commission, the purpose of which shall be to advise the Mayor, City Council, and City staff regarding land use matters, and/or make decisions regarding land use matters, pursuant to the authority set forth in Title 67, Chapter 65, Idaho Code (the Local Land Use Planning Act) and Title 11, Meridian City Code (the Unified Development Code). B. Qualifications; term. The Planning and Zoning Commission shall have at least three (3), but no more than nine (9) members. At least one (1) member must be a resident of the City impact area, outside the corporate limits; must have resided in Ada County for at least two (2)years prior to appointment; and must remain a resident of the City impact area during the member's entire term on the Commission. The other members must each be residents of the City of Meridian, must have resided in Ada County for at least two (2)years and in the City of Meridian for at least one (1)year prior to appointment, and must remain a resident of the City of Meridian during their entire term on the Commission. Each member's term shall be three (3) years. No person shall serve more than two (2) full consecutive terms without specific approval by a two-thirds' vote of City Council. C. Officers. At the first meeting of each calendar year, each statutory commission shall elect a chair and vice chair. The chair shall run each meeting of the commission, and the vice chair shall act as the chair in the event of the chair's absence. Page 8 1/21/25 DRAFT Updates to Title 2, Meridian City Code D. Meetings. The regular meetings of the Planning and Zoning Commission shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on the first and third Thursday of each month, at 6:00 p.m. 2-2-3. Development Impact Fee Advisory Committee. A. Establishment;duties and powers. There is hereby established the Development Impact Fee Advisory Committee, pursuant to the authority in, and for the purpose of fulfilling the duties set forth in Idaho Code section 67-8205. B. Duties;powers. The Development Impact Fee Advisory Committee shall serve in an advisory capacity and is established to: 1. Assist the City in adopting land use assumptions; 2. Review the capital improvements plan and proposed amendments, and provide written comments; 3. Monitor and evaluate implementation of the capital improvements plan; 4. File periodic reports, at least annually, with respect to the capital improvements plan and report to the City any perceived inequities in implementing the plan or imposing the development impact fees; and 5. Advise the City of the need to update or revise land use assumptions, the capital improvements plan, and development impact fees. C. Qualifications; term. The Development Impact Fee Advisory Committee shall have a minimum of five (5) members.Two (2) or more members shall be active in the business of development, building or real estate. Employees or officials acting in their official capacity for a governmental entity shall not be appointed as members of the committee. All members of the Development Impact Fee Advisory Committee must reside within Meridian city limits. Each member's term shall be three (3) years. No person shall serve more than two (2) full consecutive terms without specific approval by a two-thirds' vote of City Council. D. Meetings. The regular meetings of the Development Impact Fee Advisory Committee shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. The Chief Financial Officer shall convene a meeting of the Development Impact Fee Advisory Committee at least annually. CHAPTER 3.—COMMITTEES. 2-3-1.—Definitions. For the purposes of this chapter, the following words and phrases, and derivations thereof, shall be defined as follows: Page 9 1/21/25 DRAFT Updates to Title 2, Meridian City Code A. Ad hoc committee means an informally organized group of citizens, City staff, and/or elected officials; convened by the Mayor, City Council, or City staff as needed; for the purpose of taking a specific action or providing input to the Mayor, City Council, or City staff on a specific subject. B. Standing committee means a subagency of the City enumerated in this chapter or other City ordinance; created by the Mayor, City Council, or City staff for the purposes set forth in the committee's enabling ordinance. Standing committees shall include the Meridian Districting Committee, Compensation Committee, and Utility Billing Review Committee. 2-3-2.—All committees. The following provisions shall apply to all City committees: A. Establishment. The Mayor and the Directors are authorized to establish ad hoc committees, or convene standing committees as set forth in this chapter. B. Transparent and Ethical Government. Both standing and ad hoc committees shall be subject to the Idaho Public Records Act, and their members to the Idaho Ethics in Government laws and Title 18, Chapter 13, Idaho Code (regarding bribery and corruption). Standing committees are subagencies of the City, created by ordinance, and are therefore subject to the open meetings laws. C. Selection of members. Except as otherwise provided, committee members shall be selected by the Mayor, City Council, or City staff, and shall serve at the pleasure of same. D. Members are volunteers. All committee members shall be volunteers, and shall serve the City without compensation for such service.This shall not apply to City staff appointed to a committee within the scope of their employment. E. Expiration. A committee shall expire when its purpose is completed, or, in the case of ad hoc committees,when the Mayor or Director determines that the committee is no longer necessary. F. Staff support. Designated staff member(s) may be assigned to each committee to provide administrative and operational support.The City Attorney or designee may attend committee meetings to provide legal advice and support. 2-3-3.—Standing committees. The following provisions shall apply to all Standing Committees: A. Appointment of members. The Mayor shall,with the approval of the City Council, appoint members to standing committees. The term of such appointments shall be one (1)year, or for time necessary to achieve the purpose for which the committee is convened,whichever is shorter. Should a vacancy occur on a standing committee,the vacancy shall be filled in like manner as soon thereafter as practicable. B. Officers. At the initial meeting of the committee, the Committee members shall elect a Chair and Vice Chair. Page 10 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. The Chair shall be a voting member of the committee and shall hold the same rights and privileges as any other committee member.The decisions, statements, and/or actions of the Chair shall obligate, commit, and/or represent the committee only insofar as the committee has specifically authorized.The Chair's duties shall include: a. Preparing meeting agendas in cooperation with the City Clerk or designee; b. Presiding over all meetings, and c. Signing all documents requiring an official signature on behalf of the committee. 2. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair, and such other duties as may be delegated by the Chair. 3. A special election may be held at any time to fill a vacancy of the office of Chair or Vice-Chair. 4. The Chair shall propose, and the committee members shall adopt, a timeline of meetings and actions to timely complete the committee's work. C. Agenda. The agenda for all meetings shall be prepared by the Chair in consultation with the City Clerk or designee.The City Clerk or designee shall assist the Chair with scheduling meetings, posting meeting and agenda notices, preparing meeting minutes, and distributing agendas, minutes, and other materials to committee members prior to each meeting. D. Quorum. A majority of currently appointed committee members shall constitute a quorum for the transaction of any business. E. Voting. Each voting member shall be entitled to one (1)vote on any matter. Except as otherwise designated herein,the vote of the majority of the voting members present at any meeting at which a quorum is present shall effectuate any decision.Voting shall be verbal and on the record; proxy voting, secret voting, and written voting shall not be permitted. F. Meetings. Except as otherwise provided, scheduling of public hearings, public comment, or presentations before a committee shall be at the discretion of the Chair.The Chair may set rules to maximize efficiency and productivity of meetings, including setting a time limit for comments or presentations. 2-3-4. Meridian Districting Committee. A. Establishment;purpose. There is hereby established the Meridian Districting Committee,the purpose of which shall be to establish six (6) City Council districts and assign one (1) City Council seat to represent each City Council district, in accordance with applicable laws, available federal decennial census data, and principles of districting as are or may be established by law, policy, and custom governing the same. B. Duties and powers. The Meridian Districting Committee shall: 1. Evaluate and apply federal decennial census data regarding the City of Meridian in order to establish six(6) City Council districts pursuant to the provisions of I.C. 50-707A;Title 1, Chapter 7, Meridian City Code; and all other applicable provisions of local, state, and federal law. 2. Assign City Council seats, numbering 1 through 6,to the corresponding numbered City Council districts, pursuant to this Chapter. Page 11 1/21/25 DRAFT Updates to Title 2, Meridian City Code 3. Act independently to make decisions regarding designating and numbering City Council districts, without regard for the residency of elected officials or candidates running for municipal office of the City of Meridian. 4. Consult resources and experts in demographics and population distribution, including, without limitation,the Community Planning Association of Southwest Idaho,the United States Census Bureau, and their delegees and staff, as needed or desired. 5. Consult resources and experts in districting and apportionment, including, without limitation, the Idaho Secretary of State, the Idaho Commission for Reapportionment,the Ada County Clerk, and the delegees and staff thereof, as needed or desired. 6. Consult City of Meridian Geographic Information System and Planning staff for information and assistance with establishment of City Council districts and the preparation of maps. 7. Consult the City Attorney or designee regarding compliance with applicable Idaho Code and Meridian City Code provisions. C. Membership qualifications. The Meridian Districting Committee shall be established as follows: 1. In addition to the names of the appointed members,the resolution shall include the following directives to the City Clerk: a. Directing the City Clerk to convene the Meridian Districting Committee. b. Directing the City Clerk to post on the City of Meridian website the agenda and minutes of the Meridian Districting Committee meetings, as well as the census data used by the Meridian Districting Committee in the course of its charge under this section. 2. Voting members of the Meridian Districting Committee shall include six (6) Meridian residents from diverse geographic areas of Meridian, to include at least one (1) individual who resides south of Interstate 84, one (1) individual who resides north of Ustick Road, one (1) individual who resides west of Meridian Road, and one (1) individual who resides east of Meridian Road. The six(6) Committee members shall be voting members, and shall serve without salary or compensation for their service. 3. The Meridian Districting Committee shall include the following ex-officio, non-voting members: a. The City of Meridian Geographic Information System Manager or designee; b. The City of Meridian Planning Manager or designee; and c. The Ada County Clerk or designee. 4. The Meridian Districting Committee may include the following ex-officio, non-voting members, as may be hired by the City of Meridian: a statistician, a cartographer, and/or any other experts whose services may be helpful in the discharge of the Meridian Districting Committee's responsibilities. D. Ineligible for candidacy. A person who has served on the Meridian Districting Committee shall be ineligible to run for a Meridian City Council seat for five (5)years following such service. E. Duties and powers. The following process shall apply to the establishment of City Council districts: Page 12 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. The Meridian Districting Committee shall evaluate and apply the federal decennial census data for the City of Meridian in order to establish six (6) City Council districts pursuant to the provisions of I.C. 50-707A;Title 1, Chapter 7, Meridian City Code; and all other applicable provisions of local, state, and federal law.To assist the Committee, one (1) or more of the ex officio members shall prepare three (3) potential districting maps for the Committee's initial consideration.The Committee may utilize one (1) of these potential districting maps, or the Committee may develop and utilize a different districting map. 2. Upon completion of a draft districting map, the Meridian Districting Committee shall designate each City Council district with a number from 1 to 6 pursuant to the provisions of Meridian City Code Section 1-2-3(B) and this chapter.The draft map and numbered City Council districts shall constitute the draft districting plan.The Meridian Districting Committee shall hold a minimum of two (2) public hearings to receive public testimony on the draft districting map. 3. The Meridian Districting Committee shall act to establish, by resolution, the Meridian Districting Plan. The resolution must be approved by at least four(4)voting members to be effective, and shall certify that the established City Council districts meet the criteria set forth in I.C. 50-707A and other applicable statutes and laws.The Meridian Districting Plan shall include the following documents,which shall be appended to the resolution, and incorporated into the same by reference: a. A map of the City of Meridian showing the exact locations of the designated City Council districts, labeled with the district numbers and corresponding City Council seat numbers. b. A description of the boundaries of the City Council districts, described by the names of streets or other established features or landmarks. c. A declaration that the City Council seats shall be designated with numbers corresponding to the like-numbered City Council districts, in accordance with Meridian City Code Section 1-2- 3(B). 4. The Meridian Districting Committee shall transmit its resolution to the City Clerk, and the City Clerk shall: a. Schedule a public hearing before the City Council on the resolution; b. Make the resolution available on the City of Meridian's website; and c. Publish a notice of hearing on the matter before the City Council. 5. The City Clerk shall publish notice of the public hearing on the Meridian Districting Committee's Meridian Districting Plan before City Council at least once prior to the date set for the public hearing, which notice shall solicit written and verbal testimony on the City Council districts as established by the Meridian Districting Committee, and shall include a link to the City of Meridian's webpage with access to the resolution and appended documents. 6. The City Council shall conduct a public hearing on the Meridian Districting Plan as established by the Meridian Districting Committee, in accordance with the procedures set forth in Meridian City Code for public hearings. Following such public hearing,the City Council shall review the Meridian Districting Plan as established by the Meridian Districting Committee, and upon a finding that it meets the criteria set forth in I.C. 50-707A, shall adopt it by ordinance as the final Meridian Districting Plan. Such act shall be a ministerial function of the City Council; modification of the Meridian Districting Plan established by the Meridian Districting Committee Page 13 1/21/25 DRAFT Updates to Title 2, Meridian City Code shall occur only upon remand to the Meridian Districting Committee.The City Council may remand the matter to the Meridian Districting Committee only upon a finding, supported by substantial evidence, that the Meridian Districting Plan established by the Meridian Districting Committee does not meet the criteria set forth in I.C. 50-707A. Should the City Council fail to adopt the Meridian Districting Plan via ordinance at least one hundred thirty-five (135) days prior to the date of the next general city election,the Meridian Districting Committee's last resolution shall comprise the final Meridian Districting Plan. 7. The City Clerk shall file the Meridian Districting Plan with the County Clerk at least one hundred thirty-four (134) days prior to the next general City election,with a request that the County Clerk prepare ballots and establish polling places for all subsequent Meridian City Council elections in accordance with the Meridian Districting Plan. Upon the City Clerk's filing of the Meridian Districting Plan with the County Clerk, the Meridian Districting Committee shall automatically dissolve. 8. City Council may, pursuant to I.C. 50-707, modify City Council seat numbers after the Meridian Districting Plan has been adopted, so long as such modifications are approved by ordinance at least one hundred thirty-five (135) days prior to the date of the next general City election. F. Meetings. Meetings of the Meridian Districting Committee shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. The City Clerk, at the direction of the Mayor, shall convene the initial meeting of the Meridian Districting Committee. Additional meetings of the Meridian Districting Committee may be scheduled by the Chair as necessary to carry out the business of the Committee. 2-3-5. Compensation Committee. A. Establishment;purpose. There is hereby established the Compensation Committee,the purpose of which shall be to make recommendations to City Council regarding the Mayor's and City Council's compensation. B. Membership qualifications. The Compensation Committee shall consist of no less than five (5) citizens, business leaders, and former elected or appointed officials of the City of Meridian. C. Duties and powers. The Compensation Committee shall make recommendations to City Council regarding whether to adjust, increase, or decrease the Mayor's and City Council's respective compensation. In setting the budget for the compensation of the Mayor and City Council, City Council shall consider, but shall not be bound by, the recommendations of the committee. In making its recommendations, the Compensation Committee may consider any or all of the following: 1. Similar salaries in other cities, 2. Economic factors, 3. Potential impact to the City's budget, 4. The elected officials' performance while in office, and 5. Changes to other City employees' salaries. Page 14 1/21/25 DRAFT Updates to Title 2, Meridian City Code D. Meetings. Meetings of the Compensation Committee shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. The Human Resources Director shall convene the Committee in each municipal election year, prior to the budget workshop. 2-3-6.— Utility Billing Review Committee. A. Establishment;purpose;duties and powers. There is hereby established the Utility Billing Review Committee,the purpose of which shall be to hear disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, and fees, and/or permits including, but not limited to, nonpayment and shutoff of water service, assessment fees, connection fees,wastewater discharge permits, monthly user charges or other fees established by title 9 of this Code regarding water and sewer use and service. B. Membership qualifications. The Utility Billing Review Committee shall consist of at least three (3) members, but no more than five (5) members,to include the Director of the Public Works Department or designee;the City Attorney or designee; and at least one (1) Meridian citizen. C. Meetings. The Utility Billing Review Committee shall convene upon scheduling and notice by the City Clerk following receipt of a written request for hearing as set forth in this chapter. When necessary, the Utility Billing Review Committee shall convene at 3:00 p.m., on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho.Additional meetings of the Utility Billing Review Committee may be scheduled by the Committee as necessary to carry out the business of the Committee. D. Hearing process. The following process shall apply to hearings before the Utility Billing Review Committee: 1. An authorized water and/or sewer user may request a hearing by submitting a written request for hearing to the City Clerk within thirty (30) days from the dated notification of administrative denial of a request for adjustment. Such request for hearing shall include such user's name, mailing address,telephone number, e-mail address, and water or sewer account number and address; and a description of the matter(s)to be brought before and considered by the Utility Billing Review Committee. 2. Upon receipt of a timely and complete request for hearing, the City Clerk shall schedule the matter for hearing at the next meeting of the Utility Billing Review Committee. A request for hearing that is received after 3:00 p.m. on the second Wednesday of the month shall not be heard until the third Wednesday of the following month.The City Clerk has authority to schedule the matter for hearing at an alternative time, with the Chair's approval.The City Clerk shall provide notice of the hearing to the user. 3. On the date and time noticed for hearing, the Utility Billing Review Committee shall conduct a hearing on the matter brought by the user. The Committee shall provide the user the opportunity to present credible evidence,to personally appear and be represented and/or accompanied by an advisor or other legal representative,to be judged on facts adduced at the hearing, and to otherwise be heard on the matter. Page 15 1/21/25 DRAFT Updates to Title 2, Meridian City Code 4. At the conclusion of the hearing, the Utility Billing Review Committee shall state a verbal decision,to include general findings of fact and conclusions of law in support of its decision.The Committee shall declare the payment of any money deemed owed to the city due and payable to the City Finance Department immediately or by a date certain, as appropriate.The Committee shall also verbally and on the record inform the user of the user's right to appeal the Committee's decision to the City Council. 5. The City Attorney or designee shall prepare a written decision including the Committee's findings of fact and conclusions of law.The City Attorney shall mail the written decision to the user within seven (7)working days of the conclusion of the hearing. E. Appeal process. A user who receives an adverse decision by the Utility Billing Review Committee shall have a limited right of appeal to the City Council, pursuant to the following: 1. Within three (3)working days of the issuance of the written decision, the user shall file with the City Clerk: a. A written notice of appeal, including a statement of the basis for the appeal, including specific objections to the Utility Billing Review Committee's findings of fact and/or conclusions of law; and b. A cash or check deposit in the amount determined by the Utility Billing Review Committee to be due and payable. 2. Upon timely receipt of a complete notice of appeal,the City Clerk shall schedule the appeal for hearing before the City Council within thirty (30) calendar days.The City Clerk shall provide notice of such hearing to the user. 3. On the date and time duly noticed for hearing before City Council, each party may make a brief statement to City Council. No new evidence shall be presented; City Council shall decide the matter upon consideration of the record of the hearing before the Utility Billing Review Committee. 4. City Council may affirm, overturn, or modify the decision of the Utility Billing Review Committee. City Council shall overturn or modify the decision of the Utility Billing Review Committee only where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City Council may order that the user's deposit be forfeited to city or refunded, less any adjustments. City Council may order that the payment of any additional money deemed owed to the city be due and payable to the City Finance Department by a date certain. The decision of the City Council shall be final. Page 16 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City Revenue Sources Discussion What are the City --- Revenue Sources ? L February 2025 ur, 0 N- A NONE IE.III� -ia �irE IIZDIAN .- WWW . MERIDIANCITY. ORG # MYMERIDIAN 1DANO City of Meridian Agenda General Fund Revenue Sources ' • General Fund On-Going Revenues (FY2024 Actuals) • General Fund One-Time Revenues (FY2024 Actuals) Enterprise Fund Revenue Sources _4 • Enterprise Fund On-Going Revenues (FY2024 Actuals) • Enterprise Fund One-Time Revenues (FY2024 Actuals) E IRDIAN - WWW . MERIDIANCITY . ORG ;FMYMERIDIAN IDANO City of Meridian Definitions On-Going Revenue Definition • Revenue received from guaranteed agreements/contracts/State Law or sources of income not driven by customer use that is dedicated for an indefinite period (beyond annual appropriations). One-Time Revenue Definition �r • Revenue received from non-guaranteed agreements/contracts/State Law or customer use driven (not inclusive of water and sewer rate utilities). �E IRDIAN*- WWW . MERIDIANCITY. ORG rMYMERIDIAN IDANO City of Meridian General Fund Revenue Sources F All amounts Total On- Going included Revenues $65,732,587 document represent Total GeneralFY2024" Fund Revenues $ 101, 129,279 Total One- Time Revenues $35,396,693 E IRDIAN - WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian General Fund Revenue Sources State Liquor State Sales Revenues Tax $1,929,237 $13,289,973 Property Franchise Taxes Fees $48,282,079 On-Going $2,231,298 Revenues $65,732,587 E IRDIAN - WWW . MERIDIANCITY. ORG :rMYM� FRIDIAN IDANO City of Meridian PropertyTaxes Ada County Ada County Ada County Controls this Controls this Controls this amount. amount. amount. Determined by the Ada County Ada County highest Cities may increase provides the City provides the City approved/certified the property tax with the Value of with the Value of amount of taxes funded by up to New Construction New Annexations levied in the past 3% within the taxing within the taxing three years districts. districts. Base Allowable Total Property Property New New Requested Taxes Taxes Construction Annexation Property Taxes E IRDIAN'�— WWW . MERIDIANCITY. 0RG # MYMERIDIAN IDANO City of Meridian PropertyTaxes Base Property Allowable Property New Construction New Annexation Taxes Taxes $45,978,518 $735,656 $1,510,749 $57,155 $48,282,079 E IRDIAN — WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian Property Taxes Allowable Increase - Property Taxes $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 • WWW . ME R I . RI DIAN City of Meridian Property Taxes 3% Allowable Tax Decisions versus Levy Rate 1.200000000 3.5001 1.000000000 3.000% 2.500% 0.800000000 2.000% 0.600000000 1.500% 0.400000000 1.000% 0.200000000 0.500% 0.000000000 0.000% 'N p ■Allowable% Increase Taken by the City City of Meridian Property Taxes New Construction Increase - Property Faxes $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 5500,000 City of Meridian State Liquor Revenue The City receives a portion of the liquor salIns collected each year from the State's Liquor Division. This State controlled program determines the amount of revenue to share with the Cities and Counties each year. State of Idaho Legislation Code 23-404 For more detailed information about State collection/distribution formulas, please refer to State Code 23-404. �Q�EIDR ATAS-- WWW . MERIDIANCITY. ORG ## MYMERIDIAN 1OMON City of Meridian State State Law Change State Liquor Shared Revenue - Year over Year $ Changes FY21 (aka - New On-Going Revenues from Liquor Revenues) $350,000 $303,894 $300,000 $250,000 $201,151 $202,454 $200,000 $179,144 5169,777 $150,000 $102,356 $125,368 $100,000 $87,936 $51,159 $50,000 ■ , $(50,000) FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 S(100,000) $(57,628) State Liquor information obtained from State. State controls revenue and distribution. City has zero input on final outcome. City does not audit calculation method. City of Meridian State Sales Tax ( Revenue Sharing) The State of Wes - sales taxes from sales that occur throughout the State at a tax rate of State of Idaho Legislation Code 63-3638 6%. The State has developed a revenue sharing distribution system that shares a percentage of Sales Tax revenue collected amongst all Cities and Counties throughout the State. The City receives Sales Tax revenue as determined by the State. For more detailed information about State collection/distribution formulas, please refer to State Code 63-3638. C%,WE WWW . MERIDIANCITY. ORG t# MYM RIDIAN IDANO City of Meridian State Sales Tax ( Revenue Sharing) Z�) State Law CChange \ FY21 State Sales Tax Shared Revenue - Year over Year $ Changes (aka- New On-Going Revenues from Sales Tax) $4,000,000 $3,746,718 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 00,000 $821,403 $1,025,695 $1, $624,064 $612,089 $582,362 $772,289 $500,000 ■ ■ ■ . . ■$529,551 $124,473 $188,550 $- � FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 State Sales Tax information obtained from State. State controls revenue and distribution. City has zero input on final outcome. City does not audit calculation method. 0 City of Meridian Franchise Fees Cities are responsible for regulating use of public rights- State of Idaho Legislation Code 50-329 of-way and have authority to grant franchises for the use of public rights-of-way. Typically, those franchises are granted for power, natural gas, cable telecommunications, water purveyors, and solid waste haulers. Idaho law provides that cities may charge franchise fees for use of public rights-of-way by public service providers. For more detailed information about calculations, please refer to State Code 50-329. �Q�EIDR ATAS-- WWW . MERIDIANCITY. ORG # MYMERIDIAN 1OMON City of Meridian Franchise Fees Intermountain Video Service Idaho Power Corporations Gas Franchise Franchise Franchise control and determine final Revenue Revenue Revenue revenues. Natural Gas franchise o Electricity franchise fee fee is 3/0 of gross (net of Cable franchise fee is 5/o is 1% of Idaho Power uncollected accounts) of gross sales in the City gross sales in the City of annual sales in the City of Meridian. of Meridian. Meridian. The City currently has a The City currently has a The City currently has a 30-year franchise 15-year franchise 25-year franchise agreement with agreement with Sparklight agreement with Idaho Intermountain Gas and TD5 that expires Power that expires Company that expires 7/11/2026 and 3/4/2029. 11/1/2033. 1/7/2027. E IRDIAN — WWW . MERIDIANCITY . 0RG # MYMER [ DIAN IDANO City of Meridian Franchise Fees Franchise Fee Revenue - Year over Year $ Changes (aka - New On-Going Revenues from Franchise Fees) $600,000 $494,636 $500,000 $400,000 $300,000 $200,000 $134,193 $191,098 $193,742 $100,000 $67,072 $8,981 . - $(100,000) FY2014 F� FY2016 FY2017 F I FY 19 FY2020 FY2021 FY2022 FY2023 $(200,000) $(110,761) $(54,509) $(42,559) $(300,000) $(216,642) Franchise revenue based on Corporations reporting of corporate revenues. City has zero input on final outcome. City does not audit calculation method. City does not audit corporate financial records. • City of Meridian General Fund Revenue Sources City Other Agency Controlled Revenues Controlled FY2024 Actuals Revenues 3% State Allowable State Sales Franchise Property Property Liquor Tax Revenues Taxes Tax Revenue $735,656 $1,929,237 $13,289,973 $2,231,298 $47,546,422 E IRDIAN - WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian General Fund Revenue Sources Interest Income $3,532,983 Charges for Service Miscellaneous $5,410,258 $317,465 Fines and forfeitures Impact Revenues $10,433,306 $999482 Intergovernmental Building Permits& $7,091,128 Fees $6,994,565 Licenses and One-Time Permits Revenues Planning Fees $233,716 $383,791 $35,396,693 11 1 'A 0 �E IRDIAN*— WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian Enterprise Fund Revenue Sources F All Total On- Going includedunts ' Revenues in this $33,524,431 document Tota I ; ,repFY2resent Enterprise Fund Revenues $56, 104,410 Total One- Time Revenues $22,579,979 E IRDIAN - WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian Enterprise Fund Revenue Sources Sewer Sales $20,850,156 Water Sales Trash Billing $11,231,109 Service Fee $1,443,166 On-Going Revenues $3315241431 E IRDIAN'�- WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian Water and Sewer Sales At., Metered Water Monthly Used water sent to vreatrnmt plant Water Rate Bill ' � ■� �■ ■ Metered �� Sewer Monthly Water Rate Bill +* Use • E IRDIAN - WWW . MERIDIANCITY. ORG rMYME RIDIAN IDAKO City of Meridian Water and Sewer Sales Water and Sewer Sales Revenue - Year over Year $ Changes $2,500,000 $2,157,958 $2,000,000 $1,925,662 $1,500,000 $1,461,544 $1,192,096 $1,029,025 $911,640 $1,000,000 $722,227 $954,392 $776,607 $500 000 $463,195 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 , 0 R G it MY ME R I D IAN City of Meridian Trash Billing Serivces For Billing and City of Meridian Collection agrees to City of Meridian services perform all shall receive rendered, the billing and and account for City of Meridian collection all monies both shall receive an services for all billed and administrative collected on fee in the services behalf of Trash amount of 6% performed by Collection of all amounts Trash Collection Agency. paid to Trash Agency. Collection Agency. E IRDIAN - WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian Trash Serivces Billing Utility BiIIingTrash Billing Revenues - Year over Year $ Changes $140,000 $114,010 $128,964 $121,636 $120,000 $100,000 $98,442 $101,135 $86,386 $80,000 $57,337 $60,000 $51,383 $46,705 $40,000 $32,297 $20,000 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 DIAN City of Meridian Enterprise Fund Revenue Sources :$5,207,000 terest come Miscellaneous EPA $2,059,656 Compliance $1,945,204 Engineering Water Fees Connections $363,599 $2,634,139 Sale of Meters One-Time Sewer $598,971 Revenues Connections $22,579,979 $9,771,410 E IRDIAN — WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian Questions WANCE CWT M = t . E IDIANr WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO