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HomeMy WebLinkAbout2025-05-13 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 13, 2025 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilwoman Anne Little Roberts Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman John Overton Councilman Brian Whitlock PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilwoman Little Roberts, Councilwoman Strader, Councilman Cavener 1. Apex Northwest Subdivision No. 4 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2025-0047) 2. Brightstar Care Overland Water Main Easement No. 1 (ESMT-2025-0039) 3. Records Apartments Full Release of Water Main Easement (ESMT-2025-0033) 4. Ziggi's Coffee Water Main Easement (ESMT-2025-0048) 5. Findings of Fact, Conclusions of Law for Core & Main (H-2024-0066) by K2 Construction, located at 299 S. Black Cat Rd. 6. Findings of Fact, Conclusions of Law for Mondt Meadows Subdivision (H-2024- 0067) by Gregg Davis, Breckon Land Design, located at 6101 and 6162 S. Terrega Ln. 7. Development Agreement (Pollard North H-2024-0037) Between City of Meridian and SCS Investments LLC for Property Generally Located Approximately a Quarter Mile North of W. Chinden Blvd. at the North End of N. Levi Ave. and on the North Side of W. Waverton Dr. 8. Revocable License Agreement between Ada County Highway District (ACHD) and City of Meridian for Placement of Vehicle Detection Cameras 9. Agreement to Accept Payment in Lieu of Installing Streetlights at Fast Eddy's at Chinden 10. Memorandum of Agreement between the City of Meridian and Meridian Dairy & Stock Shows, Inc. for Meridian Dairy Days 11. Agreement between the City of Meridian and the Meridian Killer Whales Swim Team, Inc. for Use of Meridian Community Swimming Pool 12. Subrecipient/Beneficiary Grant Agreement between City of Meridian and Ada County - Emergency Management Subgrant 13. City of Meridian Financial Report - March 2025 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 14. Fiscal Year 2025 Budget Amendment in the amount of $1,870,000 for Meridian Fire Department Ladder Truck Replacement Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilwoman Little Roberts, Councilwoman Strader, Councilman Cavener 15. Public Hearing (Continued from April 22, 2025) for Centrepointe Apartments (H- 2025-0009) by Mike Maffia, MGM Meridian 2, located at 3100 Centrepointe Way and 3030 N. Cajun Ln. Continued to June 3, 2025 Application Materials: https://bit.ly/H-2025-0009 A. Request: Modified Development Agreement to modify the existing Development Agreement (H-2022-0035, Instrument # 2022-079000) for the existing 11.17 acres and create two (2) new agreements which will allow each property to be developed independently. Motion to continue to June 3, 2025 made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilwoman Little Roberts, Councilwoman Strader, Councilman Cavener ORDINANCES \[Action Item\] 16. Ordinance No. 25-2082: An Ordinance (Pollard North H-2024-0037) for rezone of a parcel of land situated in a portion of the south half of the southwest quarter and the southwest quarter of the southeast quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 14.901 acres of land from the R-8 (Medium-Density Residential) zoning district to the R-15 (Medium High-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Nay: Councilman Taylor, Councilwoman Little Roberts, Councilwoman Strader, Councilman Cavener 17. Ordinance 25 -2083: An ordinance repealing Title 13, Meridian City Code, regarding parks and recreation regulations; adopting a new title, Title 5, Meridian City Code, regarding parks, recreation, and forestry; repealing conflicting ordinances; and providing an effective date Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilwoman Little Roberts, Councilwoman Strader, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:40 PM Meridian City Council May 13, 2025. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, May 13, 2025, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, Doug Taylor and Anne Little Roberts. Members Absent: John Overton and Brian Whitlock. Other Present: Chris Johnson, Bill Nary, Bill Parsons, Linda Ritter, Brandon Frasier, Kris Blume, Josh Janssen, Steve Taulbee and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader Brian Whitlock X Anne Little Roberts John Overton _X_ Doug Taylor _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is May 13th, 2025, at 6:00 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance cited.) COMMUNITY INVOCATION Simison: We had no one signed up for the community invocation. ADOPTION OF AGENDA Simison: So, we will move forward with the adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we are going to adopt the agenda as presented. Strader: Second. Meridian City Council May 13,2025 Page 2 of 18 Simison: Have a motion and second to adopt the agenda as presented. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Apex Northwest Subdivision No. 4 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2025-0047) 2. Brightstar Care Overland Water Main Easement No. 1 (ESMT-2025- 0039) 3. Records Apartments Full Release of Water Main Easement (ESMT- 2025-0033) 4. Ziggi's Coffee Water Main Easement (ESMT-2025-0048) 5. Findings of Fact, Conclusions of Law for Core & Main (H-2024-0066) by K2 Construction, located at 299 S. Black Cat Rd. 6. Findings of Fact, Conclusions of Law for Mondt Meadows q Subdivision (H-2024-0067) by Gregg Davis, Breckon Land Design, located at 6101 and 6162 S. Terrega Ln. 7. Development Agreement (Pollard North H-2024-0037) Between City of Meridian and SCS Investments LLC for Property Generally Located Approximately a Quarter Mile North of W. Chinden Blvd. at the North End of N. Levi Ave. and on the North Side of W. Waverton Dr. 8. Revocable License Agreement between Ada County Highway District (ACHD) and City of Meridian for Placement of Vehicle Detection Cameras 9. Agreement to Accept Payment in Lieu of Installing Streetlights at Fast Eddy's at Chinden 10. Memorandum of Agreement between the City of Meridian and Meridian Dairy & Stock Shows, Inc. for Meridian Dairy Days 11. Agreement between the City of Meridian and the Meridian Killer Whales Swim Team, Inc. for Use of Meridian Community Swimming Pool Meridian City Council May 13,2025 Page 3 of 18 12. Subrecipient/Beneficiary Grant Agreement between City of Meridian and Ada County - Emergency Management Subgrant 13. City of Meridian Financial Report - March 2025 Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we approve the Consent Agenda. For the Mayor to sign and the Clerk to attest. Strader: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under Future Meeting Topics? Johnson: Mr. Mayor, we do not. ACTION ITEMS 14. Fiscal Year 2025 Budget Amendment in the amount of $1,870,000 for Meridian Fire Department Ladder Truck Replacement Simison: Okay. Then with that we will move on to Action Items. Our first item up is Item 14, which is a fiscal year 2025 budget amendment in the amount of 1,870,000 for Meridian Fire Department ladder truck replacement. Turn this over to Chief Blume. Blume: Good evening, Mayor, Members of Council. Yes, what you see before you is a budget amendment request for 1 .8 million dollars and that's never an enjoyable place to come in front of Council and ask for that kind of money. However, I think that you are going to see -- and from expert opinion, as well as from our vendors that you are going to see with the presentation that you are going to get this evening that the Truck 31, Meridian City Council May 13,2025 Page 4 of 18 currently designated as Truck 36, has exceeded its service life. It served this community very well in a front line status for 14 years and it's been in a reserve status for the past three years. So, this evening you are going to get a presentation from our division chief of logistics, Chief Josh Janssen. You will also notice that we have our Deputy Chief Charlie Butterfield and myself, so if there are any questions I think that we are going to be well equipped and well able to answer those for you this evening. So, with that I will turn this over to Chief Janssen and, again, he is -- I would call a subject matter expert on not just this apparatus, but fire apparatus in general, so -- Janssen: Thank you, Chief. Mayor and Members of the Council, I will run through the PowerPoint real quick. It's just 11 slides, but I think it will bring some -- some value and awareness to kind of the position we are in with our reserve ladder truck. So, a little bit of background. We title it with the license plate there. So, you will often in this presentation see it referred to as MF021 and originally, like the fire chief stated, this was the original ladder truck placed into service. So, it's a -- it's been in service for a very long time. It was purchased in 2008 and, again, it stayed as that front line ladder truck until 2022. So, far past, you know, the standardized replacement schedule. It did serve as a reserve ladder truck for the additional three years as mentioned. So, for seven -- that's seven years beyond kind of the historical value of a reserve ladder front line and a reserve. So, we have run quite a bit of numbers with our two vendors. We do have two primary vendors that service this ladder truck for preventative maintenance, which you will see referenced in the slides and repairs and that's Star Fleet out of Mid Star Fire Department and, then, Hughes Fire Equipment right here in town. So, just from fiscal year '18 to '25 that repair cost 208,000 dollars is -- is just repair, not any of the maintenance to keep it running. So, you see that just in the past three years roughly 120,000 in vehicle repair cost. That's a relatively short period of time for that amount of money. In the last 12 months this reserve ladder truck has been out of service for 197 days. That number came up just within the last week. Up a little bit. But, regardless, it shows a result of it being out of service for half the time, so 50 percent loss of availability of the service to the citizens. In the last seven incidents -- so, there -- each time that we have placed it out of reserve into frontline status it's rendered itself unusable. So, something has broke the last seven times we have tried to put it into service and I have got a couple of slides that will show you some of that as well. So, just reiterating that that has equaled about a 50 percent reduction in available status. So, I asked to get some recommendations by both of those vendors that I mentioned Star and Hughes Fire Equipment and you will see some stuff in here in quotes. Hughes stated that it's beyond its service life and does not meet the NFPA recommendations for emergency response and it just kind of outlines 12 years -- or ten years, I'm sorry, for frontline service and an additional five for reserve and, then, Star fleet -- any future repairs would be temporary at best and would not restore liability -- reliability or extend the overall lifespan meaningfully. So, one of our most recent repairs was a head gasket replacement. So, the head was removed from that vehicle. I specifically asked that they inspect the cylinder wear and the piston wear and give me some sort of lifespan and they said two to three years max to continue that. So, we would need a full engine rebuild after that and that would be around 45,000 dollars. The most recent repairs just of rebuilding the transmission and doing the head gasket, was right around 35,000 Meridian City Council May 13,2025 Page 5 of 18 dollars and it was out of service for just over three weeks. So, right there just kind of re -- reiterating that both vendors -- they see serious concerns with the reliability and the structural integrity of this apparatus. So, there is things to consider, like frame fatigue, stress cracks and fractures and we are dealing with the aerial ladder, too. It's not just the frame of the apparatus, but putting a firefighter on a hundred foot extended ladder that -- that has a lot of wear and stress was one of their concerns. Drive train suspension replacements, chronic and compounding electrical system issues, so they highlight that once we start getting into these repairs of this nature that they are 30,000 dollars, 40,000 dollars each time and -- and those two examples kind of reinforce that. So, our last one was 35,000 to just, you know, re-service a transmission and put a head gasket on. They said to rebuild that engine would be 45,000. Any structural damage, any aerial ladder damage, you are looking at real high numbers of figures there. So, they just advised that it's going to get worse if we keep that vehicle in service. So, their -- their recommendation there is just given the operational unreliability, substantial financial burden of the continued repairs and expert advisement from both our service vendors, we strongly recommend replacing the reserve ladder truck, which is now titled Truck 36 with a new apparatus. This approach is the most operationally effective means to ensure uninterrupted fire and emergency services for the community and, then, we have looked at other alternatives. So, you will see three different alternatives. So, to replace our -- our truck with the current truck that we just bought, Truck 35, was about 2.5 million dollars and that was brought up earlier this fiscal year. So, we looked at three different alternatives. We looked at a frame off restoration, just a couple hours from here there is a vendor that specializes in that and you will see some pros. So, it's about a million dollars is what they quoted me to do that. The con is that it's going to take at least six months to get it into the line and, then, at least 12 months to do the frame off restoration. So, we would be without any reserve ladder truck for right around 18 months. So, that could be a little bit longer. And, then, most notably, then, that means no reserve ladder for that time period. So, anytime one of the front line ladder trucks goes out of service, then, we are automatically at that 50 percent reduction in service. And, then, I guess it's also to -- to note that you are really just -- you are restoring an 18 year old vehicle. So, there is still going to be some concerns with it. Another option was the fire chief asked me to look at all the other vendors. So, I looked at several different vendors. There you can see Rosenbauer, HME, Sutphen. Pierce is what we currently go with. And, then, one other option is E1 and to get the same ladder truck there is really a marginal difference between any of the vendors and I think the chief might talk a little bit about that, but they are all right in line with each other. The con that comes with that is now we start having inconsistencies in our apparatus and this city has done a very good job of having similar apparatus. They are all the same. So, our frontline equipment is very similar, which reduces the potential errors in that emergency time frame, knowing how to operate that ladder truck, the training that goes into it, familiarity, all that. So, that's kind of the con there. And, then, the -- the other alternative that we came up with is the one that's before you tonight for 1.87 million and that -- that is for what Pierce calls a stock unit. So, they make a certain amount of stock units that they release on the first of the month. There may be one, there may be two, there may be three and if you are fortunate enough to purchase that ladder truck that's a stock unit it's a reduced time frame, which it reduces it down from about 56 months to Meridian City Council May 13,2025 Page 6 of 18 build it, down to six months and that six months is really just them fine tuning it specifically for your cities, things like logos, moving some compartments around, but it also comes at a 700,000 dollar decrease in price from the exact replica truck that we want and I will mention that I just got off the phone with the Pierce dealer and they actually have one of these trucks in stock available that if you made the decision we could actually move forward with signing the contract and securing that vehicle before anybody else. We could do that as early as tomorrow, which would be a huge benefit. We could probably have that truck in service in the city complete and ready to go somewhere between four and six months. So, that's a huge pro there. The con is it's a little bit different than our truck. Really the only main difference is it doesn't have the large basket that you are used to seeing for the firefighters on the end of the aerial ladder. It doesn't have the basket. So, it's often referred to as a straight stick. So, it still has the waterway. The only thing that's really missing is the basket and, then, also a reduction of one of the axles. So, there is actually a lot of pros to it. It's very nimble. The turning radius is exceptional. So, it can actually maneuver in some tighter spots and, in my opinion, would be a very versatile ladder truck in this city for things like The Village, these tight areas where one of our larger ladder trucks may be a little tight. It just gives us another option in our toolbox. So, a little bit of difference, but not much. So, I don't want to, you know, beat this up too much, but I think it's important to mention how much time logistics has devoted to Truck 36. It is -- it's not just a matter of being out of service 50 percent of the time, it requires -- every time it does go out of service it requires my time, along with the fire captain of logistics, to get it to a vendor, sometimes having to have it towed to a vendor. The time and energy that we are spending trying to defer regular maintenance on our two other ladder trucks to time it right to get Truck 36 in and out and stay operationally whole at that hundred percent we have spent quite a bit of time on just trying to make the best out of Truck 36 as we can and I think you are all aware of a couple of these examples. So, this kind of the catalyst to this was on -- on April 10th Truck 35 was out of -- placed out of service. Originally it was actually placed out of service because a private citizen ran into it and I wanted to have it inspected over at Hughes. When it got done being inspected at Hughes it went to leave and had a fuel issue that was non-related to the car accident, so I made the decision to put it in and try and have it looked at. It ended up being a pretty major fuel issue, which rendered that apparatus out of service for multiple days, including the weekend. When they went into Truck 36, the reserve ladder truck, that's when we discovered the transmission was blown. So, that resulted in that just one ladder truck in the city for the first six days. So, that was kind of our first real look at this. This is actually a really big problem when we are reduced down by 50 percent and that's why I started looking at the numbers, both fiscally and, then, the numbers of days out of service and, then, the most recent was on April 28th we received Truck 36, the reserve ladder truck, we received it back on a Friday from the head gasket replacement and the transmission, so we thought it was ready to go in service. We scheduled Truck 35 for its overdue maintenance and a bunch of items that were kind of past due for that following Monday. As soon as we started moving Truck 31 over to the vendor, Truck 36 blew a coolant line. So, it just -- it's another example of each time we go to put it into service we are starting to see a new failure. It's not the same failures, it's new ones over and over. So, we quickly reversed that, brought the truck -- Truck 31 back into service, had that coolant Meridian City Council May 13,2025 Page 7 of 18 leak fixed and, then, shortly after that, upon the pump test, it wouldn't even pump. It wouldn't pump any water. So, we had another issue with it that day as well. So, we rescheduled Truck 31 for Tuesday. Got the repairs done on Truck 36 and, then, now Truck 30 -- 35 is back in service and Truck 36 is in reserve status again. So, I know that's long winded. I just want to provide you with as much detail as I can and here is kind of a summary. The ongoing operational challenges and mechanical failures of Truck 36 are placing a strain on the department's ability to maintain consistent ladder truck service. The frequency of these failures, despite significant repair investment, indicates that Truck 36 is no longer a viable reserve ladder truck. Continued reliance on this unit jeopardizes our operational readiness and response capability and I'm happy to answer any questions. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor, real quick. Simison: Councilman Cavener. Cavener: Thanks for the presentation and overview. Just want to make sure I'm understanding then. The recommendation is really kind of the third option that you have presented to us, which is a -- as I understand a Pierce truck with a shorter axle and ditches the bucket. Any other differences between what our traditional ladder trucks have been versus what you are proposing? Janssen: Just very small compartment size and configuration. Very minimal things. The largest thing is -- is that bucket is not on there. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No anticipated interruptions in terms of operations as our crews have used our ladder trucks in the past. Janssen: Nope. There will be a training component, but we have talked with our training chief and feel confident that that's an easy fix. Just going to take a little bit of training. Cavener: Okay. Thank you. Taylor: Mr. Mayor? Simison: Councilman Taylor. Meridian City Council May 13,2025 Page 8 of 18 Taylor: Quick question on the bucket. It doesn't have one currently. Are you -- is there plans to fit it -- to put a bucket on it at some point or is it just -- that's not how it's designed to actually work? Janssen: Correct. It's not designed to work that way, so -- it's -- it's a straight stick. It's built that way. It would not have a bucket on it. Taylor: Okay. Mr. Mayor? Simison: Councilman Taylor. Taylor: To follow up. Does that affect any kind of like ability to provide -- does that degrade your ability to respond to certain types of incidences if you don't have the bucket? I mean that's something -- if you could speak to that just for a little bit I would just like to understand that difference from my own -- Blume: Councilman Taylor, excellent question and I will let him answer, but I -- to answer your question, a straight stick ladder in my professional opinion is a better ladder truck for this community. If we were to look right across the street at the podium constructed four story over a commercial, the only aerial device that I could put right in the window for a rescue is a straight stick aerial. So, it's a scalpel and the bucket offers some convenience, large commercial occupancies, things like that, but when it comes to aggressive rescue and safety of the firefighters, as well as the community, straight stick is a far -- in my opinion is a far superior product. Janssen: And I can speak to -- I spent about a decade working on a straight stick and there are a lot of advantages to a straight stick. In fact, I have never worked on a bucket. The buckets are largely for doing things like cutting holes in the roof. So, you are -- you are more stable to do that, but if you are trained correctly, then, you can still provide a ventilation hole in a roof from the stick as well. So, like the chief mentioned, there are -- there is a lot of benefits to the rescue portion of a straight stick and not having the bucket in your way and that's where I go back to my comment, I -- my opinion is I think it serves as an additional tool in this city's toolbox and now we have both. So, I tend to look at the pros and the positives in things and I think it yields a lot of additional rescue features, high point angles for high point rescues, rescues out of canals, there is -- there is a lot of great things that this ladder truck will be able to do. Simison: Maybe just a -- I'm not going to ask you to be a mechanic, but I am curious. When someone says two to three years of lifetime potentially, what does that really mean? Does that mean, you know, two to three operational years in terms of like sitting there not being utilized or hours on the engine. How -- how are we to understand what two to three years means in a reserve truck in theory from a mechanic's standpoint. What are they really articulating? Everyday usage two to three years, once every six months two or three years or is it all the same amount of life? Meridian City Council May 13,2025 Page 9 of 18 Janssen: No, they -- that's a great question. They -- and I asked that specifically. I asked for that upon the evaluation and that is for all use case. So, how many hours we are putting on the engine in a given year is what they estimated. If we use it as a reserve the amount that we are using it, they expect that life expectancy to last another two or three years. If it -- if it wasn't being used as frequently as we are using it -- if it wasn't being used at all, then, it's going to last a long time, but it's directly related to engine operating hours equaling years, so -- Simison: Okay. Thank you. Appreciate that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I want to just make sure in case any colleagues have any more questions, but I have been quiet, but I will chime in. No one will be surprised to hear my opinion. You know, this -- I would have loved if we could have waited until budget time. That would have been ideal to have this discussion and we were really hoping to do that. But that is not, unfortunately, where we are at. We all live in reality together and we have to I think respond to those circumstances. You know, I provided a memo previously in April that had some pretty extensive Q and A and, then, I have provided -- additionally I forwarded the chiefs memo and, then, now everyone's seen this presentation. I feel very strongly that going ahead with ordering a replacement ladder is the right thing to do, just based on all this information. I think for me the cost is a concern and I have to say that the speed with which the price of ladder trucks across the United States has gone up in recent years is very concerning. The chief forwarded me some antitrust articles about that. I know the government's looking at that. I think it's really important that they do that. You know, obviously, these pieces of equipment are critical for cities across the country, not just Meridian. I'm very happy that we at least have this narrow opportunity to try to get this apparatus, you know, for 1.87 million, I think -- it sounds like it would be a great fit and add some versatility to our fleet. You know, at this point it feels to me like even a bigger issue for me and part of, you know, why I was supportive of the amendment, it's not just the cost, I think it's the fact that it's been out 50 percent of the last 12 months, like that is a really sobering piece of information and I think, you know, our community deserves to have robust, functioning ladder service. I think that's really important for any city. So, with that I would go ahead and make a motion that we approve the fiscal year 2025 budget amendment in the amount of 1,870,000 dollars for Meridian Fire Department's ladder truck replacement. Cavener: Second. Simison: Have a motion and second to approve Item 14. Is there discussion? Cavener: Mr. Mayor? Simison: Councilman -- Meridian City Council May 13,2025 Page 10 of 18 Cavener: Cavener. Simison: -- Cavener. Cavener: Thank you, Mr. Mayor. Simison: He was grabbing his mic at the same time. Cavener: Fair enough. Appreciate the good comments from my good colleague Council Member Strader. Budget amendments of this caliber are one I typically don't support for one reason, is that we -- these don't come with a public hearing and I think it's important for our public to be able to weigh in. However, in light of what I think is a pressing and urgent need, I'm supportive of this budget amendment tonight and -- and, Chief, I appreciate your comments about the cost of human capital. The cost to -- of repairing the apparatus certainly is expensive, but certainly the cost in terms of your time and your colleagues' time was something, quite frankly, I hadn't fully considered. So, I appreciate you putting a spotlight on that. I think that's an important piece as well. I think that you have brought forth a very prudent recommendation. While it has a very large price tag, I think it is the appropriate solution, so I appreciate your brainstorming and collaborative approach to try and bring us a solution that meets the needs of our community. I will be in support tonight. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just a quick question. Can you confirm that -- we are not using general funds? We are going to use the public safety funds for this purchase; is that correct? Blume: Councilman Taylor, that is correct. As it was -- the budget amendment was written with the public safety funds being identified. However, it's Council's discretion I guess to what fund is utilized. Simison: It is all the same money, it's just that we have earmarked some to go towards that transfer, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe I could be helpful there. I thought actually maybe Finance would be here, but we have -- we don't actually earmark -- just as a practice we do not earmark within the city generally the -- by ordinance the exceptions to that are we have always had a Capital Improvement Fund and we have always had a public safety fund for these types of replacements and that -- it's basically a mathematical formula of a small percentage that every year gets swept into those dedicated funds and I know our CFO Meridian City Council May 13,2025 Page 11 of 18 Todd would be happy to go through in more detail, because it is actually a little bit -- I know as I was getting my arms around past budgets, getting my arms around those two funds did take a little time and I think it -- he would be happy to help with any questions on that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just to add to that for Council's benefit, this isn't actually something that we have -- we have always done. It's probably only been in the past ten or 11 years that we did that in part because of the large price tag associated with these types of -- of apparatuses that we didn't want to be in a position of, you know, that eats up kind of a budget during a budgetary hearing and so we have put a little bit each -- away each year, so that we -- it makes these decisions, while still challenging, a little bit more easier than if they just pop up out of the blue. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Yeah. I'm going to support the budget amendment tonight, too. I think it's one of those core responsibilities of the city is public safety and sort of the water infrastructure are things that we don't want to delay on the necessary investments for the safety of the citizens. Certainly our firefighters. I mean these are high stress situations. These -- you can't afford for these things to go south when you have an emergency. They have to be in good working condition. It seems like we have stretched it as far as we can stretch it and we are at that point where we need to do something. For a city growing as quickly as we -- as we are seems like a -- makes sense. I understand would have been better to do it through the regular budget process, but circumstances are what they are. That seems like moving in a timely fashion and makes some sense. So, I will be supporting it tonight. Simison: Thank you. If I just could -- just to add in that, you know, I know that -- I think that, actually, the time we have taken from the -- when this first -- when you first were bringing up the opportunity to buy off I think that there has been more investment in where we are and what we want and what makes sense operationally since that conversation, even a price point that was different than -- a couple months ago when this conversation was occurring. So, I don't want to say I think we -- you know, we did the right decision all the way around, but I think we have got to the point where it makes sense moving forward in that context. So, appreciate the extra effort and work to get us to this location and a path forward that when we come back in a couple weeks we can talk about the operating -- operational plans moving forward for the department, how this fits into that role and function in that context. So, while I won't be voting at all, definitely supportive of the effort and the results and having -- make sure we have the Meridian City Council May 13,2025 Page 12 of 18 means to deliver the services to the community. So, with that ask the clerk to call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, absent; Little Roberts, yea; Taylor, yea; Whitlock, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Blume: Thank you all very much. 15. Public Hearing (Continued from April 22, 2025) for Centrepointe Apartments (H-2025-0009) by Mike Maffia, MGM Meridian 2, located at 3100 Centrepointe Way and 3030 N. Cajun Ln. A. Request: Modified Development Agreement to modify the existing Development Agreement (H-2022-0035, Instrument # 2022- 079000) for the existing 11 .17 acres and create two (2) new agreements which will allow each property to be developed independently. Simison: Thank you. Next item up is Item 15, which is a public hearing continued from April 22, 2025, for Centrepointe Apartments, H-2025-0009. I know we do have a request for a continuance. I'm not even sure -- did we ever even open this public hearing before? So, it's still not even open, so -- I believe the applicant is online if Council wishes to hear from them or from staff on the reason for the continuance, but don't think the public is here. Councilman Cavener. Cavener: Mr. Mayor, thanks. I am curious, Linda, Bill, what's -- what's the basis for the continuance request? Ritter: The applicant is working with the city to work out some issues with the project and so we will be ready for the June 3rd public hearing. Cavener: Okay. Ritter: Want to work out some differences that we are having, so -- Cavener: So, Mr. Mayor, Council, we support fostering collaborative conversation between our staff and the applicant. This is the second continuance request, so I don't -- fortunately we don't have anybody here from the public that's here. I don't know if there was some people online that planned to testify, but I think that's a big deal when we are continuing a request multiple times. I think it doesn't always send the right message to our public. In light of this maybe getting us to a better application I'm Meridian City Council May 13,2025 Page 13 of 18 certainly supportive, but I don't know if Council has any other feelings that they would want to share. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Linda. Just -- I mean you sounded like you had a really high confidence level about the June 3rd date, but it takes two to tango, so I just want to make sure that -- that you, you know, feel good about that or would you want us to build in any additional cushion into this? Because I think having a -- I just want to say having a third -- not that I expect that, but a third continuance request, if it were to come I would not support. I would actually expect the applicant to present. So, I just wanted to kind of just put that out there and perhaps we could hear from the applicant if it's appropriate. Simison: They are raising their hand. I think they want to speak and explain the situation. I think you -- well, the hearing is where you would be ready to go, but we had already informed the community that this was -- Cavener: Okay. Simison: -- planned, so -- Cavener: Let's hear that and, then, that will give us the confidence for a continuance. Maffia: Good evening, Mayor Simison and Council. Can you hear me okay? Simison: Yes, we can. Maffia: I just wanted to add to some of the comments. I think we are there. We just -- we had requested a continuance before we had the opportunity to clarify some items in the staff report and there was one item -- I'm still waiting from ITD. They had sent me an updated letter. What happened is when we asked to separate the development agreement to accommodate -- it's two parcels with one DA. We have a regional bank that wants the pad. They have requested that they be separated. We are doing that and that, along with a previous application, as you know that didn't move forward with the affordable housing, triggered an ITD requirement and they sent me a letter updating the distance of the deceleration lane on Eagle, but it's not updated in the staff report and the difference is like 270 versus 340 feet and we just want to make sure it's accurate. So, I'm confident we will be ready on June 3rd. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council May 13,2025 Page 14 of 18 Strader: Just maybe a follow up. Sorry. I think I heard -- I think I heard I feel really confident from you, but I guess just to make sure, because it sounds like there is still some back and forth with ITD and I can't really get into the middle of that. I just want to make sure -- is June 3rd -- like -- because I guess what I was trying to warn you is like if on June 3rd you ask for a continuance I have a problem. I'm just one person up here. All of us would have to weigh in on that. But I would probably say, no, I would like you to present on June 3rd, unless there were some really crazy circumstances. So, I think just -- I want to make sure you are calibrating your timeline with feedback we have heard from other partners, like ITD, that you need to, you know, discuss with. Maffia: No, I don't blame you. We will be ready on June 3rd. They have already sent it to me, just -- I don't think it was incorporated, so -- and I hear you loud and clear. Like I said I don't blame you. We will be ready. Strader: Sounds good. Maffia: All right. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Good question for Mr. Johnson. How does our agenda look on June 3rd? Johnson: Mr. Mayor, Councilman Cavener, that is a great question. I'm looking right now. At this time we don't have any hearings scheduled for June 3rd. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we continue Item 15 -- yes. Application H-2025-0009 to June 3rd. Strader: Second. Simison: Have a motion and a second to continue Item 15 to June 3rd. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. See you back then if not before. MOTION CARRIED: FOUR AYES. TWO ABSENT. ORDINANCES [Action Item] 16. Ordinance No. 25-2082: An Ordinance (Pollard North H-2024-0037) for rezone of a parcel of land situated in a portion of the south half of the southwest quarter and the southwest quarter of the southeast Meridian City Council May 13,2025 Page 15 of 18 quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 14.901 acres of land from the R-8 (Medium-Density Residential) zoning district to the R-15 (Medium High-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: All right. With that we will move on to Item 16, which is Ordinance No. 25- 2082. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance for rezone of a parcel of land situated in a portion of the south half of the southwest quarter and the southwest quarter of the southeast quarter of Section 21, Township 4 North, Range 1 West, Boise meridian, city of Meridian, Ada county, Idaho, more particularly described in Exhibit "A," rezoning 14.901 acres of land from the R-8 zoning district to the R-15 zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read its entirety? Seeing none, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move we approve Ordinance No. 25-2082. Little Roberts: Second. Simison: Have a motion and a second to approve Ordinance No. 25-2082. Is there any discussion? If not, clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, absent; Little Roberts, yea; Taylor, yea; Whitlock, absent. Simison: All ayes. Motion carries and the item is agreed to. Meridian City Council May 13,2025 Page 16 of 18 MOTION CARRIED: FOUR AYES. TWO ABSENT. 17. Ordinance 25-2083: An ordinance repealing Title 13, Meridian City Code, regarding parks and recreation regulations; adopting a new title, Title 5, Meridian City Code, regarding parks, recreation, and forestry; repealing conflicting ordinances; and providing an effective date Simison: Next up is Item 17, which is Ordinance No. 25-2083. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance repealing Title 13, Meridian City Code, regarding parks and recreation regulations; adopting a new title, Title 5, Meridian City Code, regarding parks, recreation, and forestry; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move that we approve Ordinance No. 25-2083. Little Roberts: Second. Simison: Have a motion and a second to approve Ordinance No. 25-2083. Is there discussion on the motion? If not, Clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, absent; Little Roberts, yea; Taylor, yea; Whitlock, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, any future meeting topics? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council May 13,2025 Page 17 of 18 Cavener: Real quick for Council. It's looking like our meeting on the 27th that we currently don't have any agenda items. So, unless something pops up in the next week or so we won't have a meeting that evening. The clerk or I will communicate with you the closer we get to that date, but with the Memorial Day holiday in a -- as you all notice a lighter than usual agenda, we don't forecast any need to meet on the 27th. So, more to come on that, but just wanted to flag that for you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to kind of preview one thing and I think -- I think the chief hopefully touched on it. I don't recall it coming up specifically in his presentation, but I do think the Fire Department would be very interested to come and just talk about different operating models that they are looking at. Now that they have that new kind of Al driven tool Dark Horse analytics, that has allowed them to look at the data about our responses and different ways of tackling that through a different perspective, I think it could just be a really good workshop, like an educational session for us. So, I just wanted to throw that out there that I think they would like to come back when they have the full Council to -- to kind of dig into that, because it's more of a -- more of a brainstorming type discussion. Cavener: Council Member Strader -- oh, sorry, Mr. Mayor. Council Member Strader, I'm in full agreement. We had thought about it maybe for this evening, but in light of being down two Council Members we wanted to wait, to your point, until everybody is back together. Simison: And I think we were looking at the 27th, but with that being canceled that may push it -- Cavener: Into June. Simison: -- into June, so -- Cavener: I hear we have a very light agenda on June 3rd at this point, so -- okay. Mr. Mayor? Simison: Councilman Cavener. One more thing. Just a quick -- quick announcement for those that can be here and I apologize if you -- I just received this, but they will be at Owyhee on Thursday giving them a banner and ice cream, if anyone is available at 11 :00 o'clock, which is around their lunch hour. So, I think they will be out and about and I'm not exactly sure what the -- it's going to feel like or look like, but there will be ice cream for the students of Owyhee as they are Water Tower Championship winners, so -- Cavener: Mr. Mayor? Meridian City Council May 13,2025 Page 18 of 18 Simison: Councilman Cavener. Cavener: Yeah. If Dave can just send us an invite with time and where to be to all the Council I think that would be helpful. Simison: Yeah. I just wanted to make sure you got it, because I just saw it on my calendar yesterday. Cavener: Mr. Mayor? Simison: Council Cavener. Cavener: I move we adjourn. Simison: Motion to adjourn. All -- Strider: 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: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 6-3-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 6-3-2025 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 4 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2025-0047) Ada County Recorder Trent Tripple 2025-029552 Boise,Idaho Pgs=6 vbailey 05/14/2025 08:07:35 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Apex Northwest Subdivision No.4 ldf1 'et +e �Td�ttSit�t�haomemxmem of this type.Sea iwtrwiomkfreMrst for adMioml infonwim For Internal use only ESMT-2025-0047 Record Number. SANITARY SEWFR AND WATER MAIN EASEMENT THIS Easement Agreement made thisl 3th day o f May 20 25 between Eagle 1 LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports, sheds, fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Eagle 1 LLC By:Chris Nolan,Member STATE OF IDAHO ) ) ss County of Ada ) record was acknowledged before me on Al A 3 3D/o iate) by lJl�nKI t VJ�,rLA\ (name of individual), [complete thefollowing ifsigning in a representative capaci r strike thefollowing ifsigning in an individual capacity] on behalf of I (name of entity on behalf of whom record was executed), in th6 following representative capacity: (type of authority such as officer or trustee) /J N,j"fi qp suiow / .••••••• �N•LANE z _ �•� Notary Signature ;oAUBL,1C�s My Commission Expires:.��3' ''•►*-00 0— Sanitary Sewlld in Easement Page 2 Version 01/01/2024 ! GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-13-2025 Attest by Chris Johnson,City Clerk 5-13-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-13-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 E N G I N E E R I N G April 16,2025 Apex Northwest Subdivision No.4 Project No.22-053 Legal Description City of Meridian Utility Easement Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southeast 1/4 of the Southwest 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap marking the South 1/4 corner of said Section 31,which bears N89°42'21"W a distance of 2,640.00 feet from an aluminum cap marking the Southeast corner of said Section 31; Thence following the easterly line of said Southeast 1/4 of the Southwest 1/4 of Section 31,N00'16'52"E a distance of 311.49 feet to the southerly line of a City of Meridian Utility Easement per Instrument No.2023- 065768; Thence leaving said easterly line and following said southerly line, N89°43'08"W a distance of 47.00 to the POINT OF BEGINNING. Thence leaving said southerly line, N89'43'08"W a distance of 11.00 feet; Thence N00°16'52"E a distance of 38.00 feet; Thence S89°43'08"E a distance of 11.00 feet to the westerly line of said City of Meridian Utility Easement; Thence following said westerly line,S00'16'52"W a distance of 38.00 feet to the POINT OF BEGINNING. Said parcel contains 418 square feet, more or less,and is subject to any existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. 1ST 4 � a a12459, 0 F L. B�1'�' 5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939 • kmengllp.com C-S 1/16 CORNER - - - - - -- — -- -- - -— - — _ -- ---- — SECTION 31-� I Qf(0 z D In L¢zo owLiI� �WWo N cn"'N 0 60 120 180 Proposed Apex _ z� d Northwest z o Ir z Plan Scale: 1" = 60' v)2 W I-: Subdivision No.4 X W Q L4--� z LO �/ — —M W � A� o � JI /J O � V JOF , L1(TIE) L2 � POINT `t Unplatted BEGINNING o � o I 0 a o � Q LINE TABLE N Gemini, LLLP p LINE BEARING DISTANCE 51131347001 o L1 N89'43'08"W 47.00 cn °' L2 N89'43'08"W 11.00 m cn L3 NO'16'52"E 38.00 Z 0 L4 S89'43'08"E 11.00 a a 3 L5 SO'16'S2"N1 38.00 0 z 0 z _J ^1 W f 3 0I +' I W N E. Lake Hazel Rd. I 3 0 F a z N a 31 32 o N89'42'21"W 2640.00' 6 t 5 y. POINT OF COMMENCEMENT BASIS OF BEARING o or FOUND ALUMINUM CAP FOUND ALUMINUM CAP S 1/4 CORNER SECTION 31 SE CORNER SECTION 31 G E N G I N E E R I N G. © 5725 NORTH DISCOVERY WAY x BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement kmengllp.com Apex Northwest Subdivision No. 4 N DATE: April 202S PROTECT: 22.053 rHET: A portion of the SE 1/4 of the SW 1/4 of Section 31, a 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho 11.00 s89°43'08"e N C vl � C G V C � � a C O F n89°43'Ll 11.00 Title: Date: 04-15-2025 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.010 Acres: 418 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>11999999: Perimeter= 98 Feet 001=n89.4308w 11.00 003=s89.4308e11.00 002=n00.1652e 38.00 004=s00.1652w 38.00 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Brightstar Care Overland Water Main Easement No. 1 (ESMT-2025-0039) Ada County Recorder Trent Tripple 2025-029553 Boise,Idaho Pgs=6 vbailey 05/14/2025 08:07:35 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project me or Subdivision Name: Brightstar Care Overland Water Main Easement Number: 1 imodified) kfmbfyftsEaswwM tYYsDwxnWrRxrberiMeprojectomtwnsffomftnone For internal Use Only Record Number: WATER MAIN EASEMENT THIS t Agreement made thisl 3th day of May 20between ftorWatio—ne(�-Ciraultee' e Ci o i 'pal 1)5 WHEREAS,the'Gr toresires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and ;and WHEREAS , the water main is to be provided for through undergroundpipelines to be constructed by others,;and WHEREAS,it will be necessary a t in and service said pipelines firom time to time by the Grantee-, NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, r does hereby give,grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains overacross following described property: (SEE A17ACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any aW all times. TO HAVE AND TO HOLD. e said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOODAGREED, Y and between the parties hereto,that after makingrepairs or performing other maintenance,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area describedin this easement that was placed ere in violation ofthis easement, THE GRANTORcovenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement ea that would interfere with Grantee's use of said easement,including,but not limited to,buildings,trash enclosures,carports, sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR_ covenants . should any part of the right-of-way and easement hereby granted shall become part ot or lie within the boundaries of any Water Main Easement Page } Version 1/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and ofno father effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: �_Ub! (2. kp,ILI Foc>r� LG L s l MANA6zN(� M�Mar_R STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on (date)by (name of individual), [complete the following ij signing in a representative capacity, or strike the following lfsigning in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) Notary Stamp Below PLEASE SEE ATTACHED Notary Signahur CERTIFICATE. My Commission Expires_ NOTARY INITIAL&,j�t��— Water Main Easement Page 2 Version 0 1/0 1/2024 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) before me, Heather Hertz, Notary Public 1 (insert name and title of the officer) personally appeared _ \ ` Ck cvo- l.l who proved to me on the basis of satisfacto evidenc• to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MEAr}°ERN5R-7 Notary Public-California • Riveniae Ccurty Commission r 240513' My=c'r.^.Exnr-s:_-15.2C25,� Signature _ (Seal) GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-13-2 0 2 5 Attest by Chris Johnson,City Clerk TATE OF IDAHO, 1 : ss. County of Ada 1 This record was acknowledged before me on 5-13-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Stamp Below Nosy Signatme My Commission Expires:3-28-2028 Water Main Easement Page 3 Version 01/01/2024 ACCURATE m SURVEYING i NAPPING Job No. 23-123 Water Easement Description An easement over a portion of Lots 1 and 2,Block 1 of Dorado Subdivision as recorded in Book 95 of Plats at Page 11647, Records of Ada County,said parcel is located in the southeast quarter of the southeast quarter of Section 17, Township 3 North,Range I East of the Boise Meridian, City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at the found brass cap monemient at the corner common to Sections 16, 17,20 and 21, T3N,RI E,from which the found brass cap monument at the quarter corner common to Sections 17 and 20,T3N,R1E bears S 89'46' 18"W a distance of 2656.87 feet;thence S 89'46' 18"W along the section line for a distance of 827.48 feet;thence N 00'04'03"W for a distance of 62.00 feet;thence N 00°04' 03"W along the line common to said Lots 1 and 2 for a distance of 101.42 feet to the POINT OF BEGINNING; Thence S 89'55' 57"W for a distance of 27.00 feet; Thence N 00"04' 03"W for a distance of 21.30 feet; Thence N 69'50' 32"E for a distance of 12.86 feet; Thence N 44'48' 18"E for a distance of 21.15 feet to a point on the line common to said Lots 1 and 2; Thence leaving said line N 90'00' 00"E for a distance of 13.92 feet to the existing Sanitary Sewer and Water Main FAsenent,Instrument No. 106042307,Ada County Records; Thence S 00'00' 00"E along said easement for a distance of 20.00 feet; Thence continuing N 90"00' 00"W along said easement for a distance of 13.90 feet to the line common to said Lots 1 and 2; Thence S 00'04' 03"E along said common line for a distance of 20.71 feet to the POINT OF BEGINNING. Parcel contains 1058 square feet and 0.024 acres,more or less. t 0 C 11463 9rF OF In � 'AIV J.DAB i 1520 W.Washington St,Boise,ID 83702 ■ Phone:208-488-4227 ■ www.accuratesurveyors.com ' A-- EXHIBIT, MAP WATER EASEMENT A PORTION OF LOTS 1 & 2, BLOCK 1, DORADO SUBDIVISION, 7 BOOK 95 OF PLATS, PAGE 11647, ADA COUNTY RECORDS FLYING N9THIN THE SE 114 OF THE SE 114 OF SECTION 17, T.31V., R.1E., B.M. CITY OF MERIDIAN COUNTY OF ADA--STATE OF IDAHO OVERLAND WAY SUBDIVISION UNE TABLE L5 EAsEiivvr UNE BEARING DISTANCE 4 L7 5 o�swc 106042 O arsa Arm ID�6P423l17 L1 S 89'55'57' W 27.00' L2 N 00'04'03' W 21.30' SCALE: 1"=50' L3 N 69'50'32' E 12.86' ��u P 0 g. L4 N 44'48'1 Er E 21.15' L5 N 90'00'00' E 13.92' L6 S 00'00 00" E 20.00 L7 N WIDOW" W 1 13.90' 1 L8 S 00'04'03 E 1 20.71' 1 3 1146 3 A o ti 9 OF \OPT a 2940 E OHM"Iaa v ��AN J.©��G f 2925 E 04Oa.AAD RD. A DORADO SUED IM90N 0 DORADO W-VON LOT 1. BLOCK I Z LOT 2, BLOCK i Y �I 3 i oIo cz� E. 0VAUMAxn RD. o I I 17 1829.39' A 827.48' 17 16 20 S BiW 18" W 2656.87' 2 21 a49S OF EEMING sFCnav CCOME t LEGEND 0 FOUND 2 112" BRASS CAP MONUMENT, IN ASPHALT CALCULATED POINT fit 1 E`dt ACCUMTE ORIGINAL PLATTED LOT NUMBER 0 ..e SURVEYING & YAPPING s 1520 W.Washington St. — — S£CAO11 LINE Boise,Idaho 83702 PARCEL UNE ' �� (208)488-4227 EASEMENT UNE tFr r 1 www.accuratesurveyors.com — — �E 44TEAWW,,2W JOB 23-123 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Records Apartments Full Release of Water Main Easement (ESMT-2025- 0033) Ada County Recorder Trent Tripple 2025-029555 Boise,Idaho Pgs=1 vbailey 05/14/2025 08:07:35 AM CITY OF MERIDIAN IDAHO$0.00 ESMT_2025_0033 Electronically Recorded Records Apts. FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: DWT Investments LLC, etal INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated June 20th, 2023 and recorded as Instrument Number 2023-035318 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 13th day of May ,20 25 CITY OF MERIDIAN Robert E. Simis n,Mayor -13-2025 04 1 a IUTAN? SF{.it- Attest by Chris hnson, "rk 5-13-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-13-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Na&ycWM Notary Signature 3-28-2028 CHARLENE WAY My Commission Expire . COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ziggi's Coffee Water Main Easement (ESMT-2025-0048) Ada County Recorder Trent Tripple 2025-029556 Boise,Idaho Pgs=6 vbailey 05/14/2025 08:07:35 AM CITY OF MERIDIAN IDAHO$0.00 Project Name or Subdivision Name: Electronically Recorded Zig(gi's Coffee Water Main Easement Number: Identify this Easement by sequential number f theproject contains more than one easement of this type.See instructions/checklist f `rmation. For Internal Use Only ESMT-2025-0048 Record Number. WATER MAINEASEMENT THIS Easement Agreement made this13th day of May 20 25 between Meridian Equity group,LLB ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water ruain right-of-way across the premises and property Hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee-, NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give;grant and convey unto the Grantee the right- of-,way for an easement for the operation and maintenance of water mains over and across the following described property (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of waiter mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all tit7les, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee.shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor sllal l not palace or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including,but not limited to, buildings,trash enclosures, carports, sheds. fences,trees, or deep-rooted shrubs. TI IE GRANTOR covenants and agrees with the Grantee that should any part of the right-of way and easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Page 1 Version 01/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims ofall persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Meridian Equity Group, LLC STATE OF4&496 ) �i� ) ss County ofA ) This record was acknowledged before me on_� S —= r7� (date) by_Brett Paul name of indiv?dual , [complete the d following signin in a representative capacity, or strike the following ljsigning in an individual capacity on behalf of Meridian Equity Group, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: D FICIAL S6ALTH ANN JEN t��styCw"��. No 996575 Ex res Se ber 09,2025 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-13-2025 Attest by Chris Johnson, City Clerk 5-13-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-13-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Noiiry Stamp Ealovv Notary Signature My Commission Expires:5-13-2025_ Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G April 30,2025 Project No.24-103 City of Meridian Water Easement Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 1, Block 1 of Hill's Century Farm North Subdivision No. 1(Book 121 of Plats, Pages 18902-18905),situated in the North 1/2 of the Northwest 1/4 of Section 33,Township 3 North,Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass plug marking the Northwest corner of said Lot 1,which bears N00°44'38"E a distance of 154.58 feet from a found 1/2-inch rebar marking the Southwest corner of said Lot 1,thence following the westerly boundary of said Lot 1,S00°44'38"W a distance of 116.85 feet to the POINT OF BEGINNING. Thence leaving said westerly boundary,S89°15'22"E a distance of 16.84 feet; Thence S00.44'38"W a distance of 21.73 feet to an existing City of Meridian Sewer and Water Easement per Instrument No.s 2021-096838 and 2021-096846; Thence following said existing easement the following three(3)courses: 1. N89°15'22"W a distance of 6.84 feet; 2. N00°44'38"E a distance of 19.50 feet; 3. N89°15'22"W a distance of 10.00 feet to said westerly boundary; Thence leaving said existing easement and following said westerly boundary, N00°44'38"E a distance of 2.23 feet to the POINT OF BEGINNING. Said parcel contains 171 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions, deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \D,�pl LARD S . ,\C E N SF.0 G� 2 6 -o qlF 0 F 0 �7<< HYNSO� 1 1 ..... .. .. 5725 North Discovery Way • Boise, Idaho 83713 + 208,639.6939 + kmenpllp.com _ D E. Amity Road POINT OF COMMENCEMENT NORTHWEST CORNER LOT 1, BLOCK 1 N 0 20 40 60 Plan Scale: 1" = 20' LEGEND SfND FOUND BRASS PLUG O FOUND 1/2" REBAR ❑ CALCULATED POINT _ _ BOUNDARY LINE tD 177 � ,EASEMENT AREA 00 — — — — — — — — EXISTING EASEMENT LINE c� �n z � u2 Lot 1, Block 1 Co w Hill's Century Farm North Subdivision No. 1 o 00 Owner: Meridian Equity Group LLC v APN: R3636010020 mo z o z o Q co o� o z00 rn w o � N (n I o POINT OF BEGINNING z?'" N g o LINE TABLE z S89'15'22"E w N r 16.84' � Z LINE BEARING DISTANCE L3 — = i/ w cw cc L1 N00'44'38"E 19.50' N L2 1 O c ro 00 o � Q L2 N89'15'22"W 10.00' (--*_S00-44'38"W v w o o -J ;jl 21 73' I L3 N00'44'38"E 2.23' O N - - - - D—%� - - - - - - - - — — — — — — — — — — — —�N89'15'22"W z 6,84' a 0 0 SOUTHWEST CORNER LOT 1, BLOCK 1 Q F E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY x BOISE,IDAHO S 3 713 PHONE(208 639 6939 Exhibit B 6 kmengllp.com DATE: APRIL,2025 City of Meridian Water Easement w j PROJECT: 24-103 " SHEET: A portion of Lot 1, Block 1 of Hill's Century Farm North Subdivision No. 1,situated in the 0 1 OF 1 North 1/2 of the Northwest 1/4 of Section 33,T.3N., R.1E., B.M., City of Meridian,Ada County,ID 1 Title: Date: 04-30-2025 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.004 Acres: 171 Sq Feet: Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 77 Feet 001=s89.1522e 16.84 004=n00.4438e 19.50 002=s00.4438w 21.73 005=n89.1522w 10.00 003=n89.1522Na 6.84 006=00.4438e 2.23 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Core & Main (H-2024-0066) by K2 Construction, located at 299 S. Black Cat Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC��(IEFI AND DECISION& ORDER In the Matter of the Request for Comprehensive Plan Map Amendment to change the future land use designation on 5.0 acres of land from the Low-Density Employment to Mixed Employment and the Annexation of 5.0 acres of land from RUT in Ada County to the Light Industrial zoning district, by K2 Construction. Case No(s).H-2024-0066 For the City Council Hearing Date of: May 6t'', 2025 (Findings on May 13t'',2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 6t'', 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 6t'',2025,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 6t'',2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 13t'',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 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 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(CORE AND MAIN-H-2024-0066) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 6t'',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 annexation and a comprehensive plan map amendement is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 6t'', 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 May 6t'', 2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -2- By action of the City Council at its regular meeting held on the 13 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 5-13-2025 Attest: Chris Johnson 5-13-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 5-13-2025 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -3- Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN*,-­ DEPARTMENT REPORT O HEARING 5/6/2025 Legend 0 DATE: Project Location TO: Mayor&City Council Area of Impact Analysis FROM: Nick Napoli,Associate Planner 208-884-5533 - I nnapoli@meridiancity.org APPLICANT: Becky Moose �® f SUBJECT: H-2024-0066 Core and Main LOCATION: Located at 299 S.Black Cat Road in the NE 1/4 of the NE '/4 of Section 16, Township 3N,Range 1 W. I. PROJECT OVERVIEW A. Summary Comprehensive Plan Map Amendment to change the future land use designation on 5.0 acres of land from the Low-Density Employment to Mixed Employment and the Annexation of 5.0 acres of land from RUT in Ada County to the Light Industrial zoning district. B. Issues/Waivers Mixed Employment(M-E) and Low-Density Employment(LDE)designations are limited along the Black Cat and Franklin corridors. Currently,I-L zoning comprises 40.01% (38.1 acres of 95.1 acres)of the LDE FLUM designation and 55.24% (83.7 acres of 151.5 acres)of the M-E FLUM designation.These designations are intended to support a mix of employment uses and services,providing a transition between the residential east of Black Cat and industrial areas further west. The continued expansion of I-L zoning within these FLUM designations may reduce employment diversity,create additional truck traffic, and disrupt the intended transition. Staff acknowledges that this project extends the approval of Black Cat Industrial to the south; however,unlike that project,this one did not necessitate a traffic impact study. Moreover,improvements tied to Black Cat Road won't be required until Black Cat Industrial reaches 960,000 square feet of occupied buildings(it's currently at approximately 560,000 square feet).Although this 5-acre proposal may have a limited effect,any additional I-L zoning expansion in these areas should be carefully evaluated by the Planning and Zoning Commission and City Council. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -4- C. Recommendation Staff: Approval with a development agreement. Commission: Approval with no changes to the staff report. D. Decision Council: Approved with no changes to the staff report. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -5- II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Industrial - Existing Zoning RUT in Ada County VII.A.2 Proposed Zoning Light Industrial Adopted FLUM Designation Low Density Employment Proposed FLUM Designation Mixed Employment Table 2: Process Facts Description Details Preapplication Meeting date 11/5/2024 Neighborhood Meeting 11/13/2024 Site posting date 4/25/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.D • Comments Received Yes - • Commission Action No - Required • Access Via a new collector on the north portion of the site - from Black Cat Road. • Traffic Level of Service Black Cat: Better than"E" - Meridian Public Works Wastewater • Distance to Mainline Available at site • Impacts or Concerns See Comments in Section IV. Meridian Public Works Water I IV.B • Distance to Mainline Water available at site • Impacts or Concerns See Comments in Section IV. Note: See section IV. City/Agency Comments & Conditions for comments received or see public record. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -6- Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1216110054 Date Retrieved:2025/1/13 Parcel Count Parcel Acreage Infill Indicator: 313 1,335 Surrounding Area 6 3% Not city 46 0 ® City Limits 1,211 788.3 ■ Not City Household Household& Population Growth ■ ■ F Households 132020 Population Change:50.3°I° Population ■Growth (Household and Population Change since 2010 Decennial) 2,000 4,000 6,000 8,000 Use Types Residential Addresses All Addresses ■ Single-family 5996 58% 296 Multi-family 44 40% ® Commercial Notes: See Error! Reference source not found..Error!Reference source not found.. Figure 2: ACHD Summary Metrics Black Cat Existing Lanes © Planned Lanes NotableExisting Level of Service a (Primary roadway impact) Programmed IFYP Programmed CIP Notes: See Error! Reference source not found..Error!Reference source not found.. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -7- Figure 3: Service Im act Summar ImpactService • • Ready O O O O O Marginal O Caution O O O O o�ye exec \ooa �`�e o\\e �aAy a��31"- �\o oo\ oo\ a� �o Notes: See Error! Reference source not found..Error!Reference source not found.. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject property falls within the Ten Mile Interchange Specific Area Plan(TMISAP). The adopted Comprehensive Plan designates 299 S. Black Cat Road as Low-Density Employment. The Low Density Employment designation is defined by the TMISAP as low-rise office and specialized employment areas. LDE areas should provide a variety of flexible sites for professional offices and similar businesses. Low Density Employment areas should be designed with elements of Traditional Neighborhood Design.Design and development standards such as landscaping,pedestrian circulation and connection to open spaces, are recommended to help make developments more attractive, engaging and accessible places.Appropriate land uses include corporate and business offices as well as research facilities and laboratories. The Mixed-Employment 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. The applicant requests an amendment to the comprehensive plan to redesignate the subject property as Mixed Employment(M-E)and annex it with Light Industrial (I-L)zoning. According to the applicant's narrative,this change aligns with the TMISAP, as light industrial is an allowed use within the M-E designation,though mixed employment is the preferred zone,I-L is allowed. The applicant also notes that this request would serve as a continuation of the previously approved Black Cat Business Center(H-2021-0064)to the south. Under the Unified Development Code,the proposed use is defined as a contractor's yard. The concept plan proposes a single 19,000-square-foot building,with 14,492 square feet designated as warehouse space and 4,508 square feet as office space. The remaining site would be used for a contractor's yard and outdoor storage. In addition,the applicant has indicated that the number of employees at this site is approximately eighteen(18),with ten(10)trucks entering the site on a given day. This would be Core and Mains' second location in Meridian as their business continues to grow. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -8- However,staff notes that Mixed Employment(M-E) and Low-Density Employment(LDE) designations are limited along the Black Cat and Franklin corridors. Currently,I-L zoning comprises 40.01% (38.1 acres of 95.1 acres)of the LDE FLUM designation and 55.24% (83.7 acres of 151.5 acres)of the M-E FLUM designation.These designations are intended to support a mix of employment uses and services,providing a transition between the residential east of Black Cat and industrial areas further west. Staff is concerned that continued expansion of I-L zoning within these FLUM designations may reduce employment diversity,create additional truck traffic, and disrupt the intended transition.While this specific 5-acre request may have a minimal impact,further expansion of I-L zoning in these areas should be carefully evaluated by the Planning and Zoning Commission and City Council. Comprehensive Plan Policies Envisioned in this Area: • Focus on developing industries that exceed the living wage, such as technology,healthcare and other similar industries. (2.06.01E) While this use does notprovide a significant amount of employment, the applicant will be providing additional jobs that will provide opportunities that will pay a living wage for residents. • Evaluate development proposals based on consistency with the vision as well as physical, social, economic, environmental, and aesthetic criteria. (3.01.011)) The proposed development does not meet all of the intended goals of the TMISAP, however, the applicant has worked with staff to substantially change their design to better integrate with the plan's intentions. • Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits. (4.05.03B) The subject property is eligible for annexation and has city limits on two (2) of its four sides. Currently, this property is vacant and by redeveloping it will provide opportunities for properties to the north and west to develop. • Ensure that regulations and plans support and encourage desired development and land use patterns within the Area of City Impact. (3.01.01C)Based on feedbackfrom stakeholders, the desired land use for this area is primarily industrial as Meridian has very little vacancy and is a desirable location for industrial users. Table 4: Project Overview Description Details History N/A Physical Features Rosenlof Drain on the Southern Boundary Acreage i 5.0 acres Percentage of I-L zoning in Low 40.01% Density Employment FLUM Percentage of I-L zoning in 55.24% Mixed Employment FLUM B. History Although this property has no prior development history,the adjacent properties to the south provide relevant context for its redevelopment. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -9- In 2021,the City approved the annexation of approximately 129.21 acres under the Black Cat Industrial project,designating the area as Mixed Employment(M-E)and Low-Density Employment(LDE)within the Future Land Use Map(FLUM) and zoning it as Light Industrial (I-L). The City Council determined that the industrial center aligned with the goals of the TMISAP. However,that approval covered a significantly larger area compared to this 5-acre request. Extending I-L zoning onto this parcel may further erode the planned low-density employment transition between the residential areas east of Black Cat Road and the General Industrial FLUM designation located approximately a half a mile west along Franklin Road. This shift may impact the balance of employment uses envisioned in the comprehensive plan and TMISAP. C. Site Development and Use Analysis The Applicant proposes an amendment to the FLUM to change the existing low-density employment designation to mixed employment. The Mixed Employment areas 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. These areas generally do not include retail and consumer service uses serving the wider community. While the I-L zone is not the preferred zone in the Mixed Employment designation,it can be an appropriate zone if the applicant can demonstrate the use of the property minimizes the impacts to surrounding properties and meets the intent of the TMISAP. In conversations,between staff and the applicant,it was determined this use would be relatively low impact and additional design changes were incorporated into the concept plan to ensure the site meets the intent of the M-E designation. 1. Existing Structures/Site Improvements (UDC 11-1): If annexed,the two existing residential structures will be removed, and the well and septic system abandoned in accord with the UDC. 2. Proposed Use Analysis (UDC 11-2): The applicant is requesting a modification to the Comprehensive Plan FLUM designation from Low-Density Employment to Mixed Employment and seeks annexation with Light Industrial(I-L)zoning. According to the applicant's narrative,the property would be developed as a new facility for Core and Main,including office and warehousing with an outdoor contractor's yard. The proposed hours of operation are Monday through Friday, from 7:00 AM to 5:00 PM,with approximately 18 employees on-site. Currently,the Low-Density Employment designation does not permit Light Industrial uses such as those proposed. However,a change to the Mixed Employment designation would allow development under the I-L zone. While the preferred zoning in the Mixed Employment FLUM designation is the M-E zoning district, alternative zones may be considered when they align with the plan's vision and integrate with surrounding properties. The applicant asserts that the I-L zone is compatible with adjacent properties to the south. Staff concurs,noting that the proposed use aligns with prior approvals in the area and would contribute to the expansion of Light Industrial space along the Black Cat corridor.Additionally,while the proposed use does not provide a large amount of employment, it is providing employment and a relatively low impact use in the area. 3. 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) - 10- and elevations submitted appear to meet these requirements. The updated plans with the submittal of the Certificate of Zoning Compliance and Design Review shall be in compliance with UDC 11-2C-3. 4. Specific Use Standards (UDC 11-4-3): UDC 11-4-3-8: Contractors Yard A. All structures or outdoor storage areas shall be located a minimum of one hundred(100) feet from any residential district. The proposed contractor's yard is located further than 100 feet from any residential district. B. Outdoor storage areas shall comply with Section 11-3A-14, "outdoor storage as an accessory use", of this title. The applicant is proposing the outdoor storage to be screened from the public right of way and will have a designated area on the site for it. The applicant has proposed an eight(8)foot fence to enclose the entire contractor's yard with additional landscaping to help screen the yard. The applicant has worked with staff to enhance the fence material and will provide finer landscaping details with the certificate of zoning compliance submittal. C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined. The applicant understands and will comply with this standard. Design Standards Analysis 5. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19): UDC 11-3A-19 and Comprehensive Plan Goal 5.01.02D emphasize the significance of building frontages along public streets and/or public spaces. The applicant proposes to comply with the requirement by providing a minimum of 30%building frontage along Black Cat Road.Additionally,by having the building frontage along Black Cat Road,the applicant has helped screen the contractor's yard and outdoor storage from view along the arterial street. The applicant complies with these standards. 6. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 20-foot wide landscape buffer is required adjacent to the future collector on the northern portion of the site,and a 25-foot wide buffer is required adjacent to arterial streets(S. Black Cat Rd.). The proposed landscaping along the future collector does not appear to meet the requirements for a 20-foot buffer as the fence should be stepped back to allow for adequate pathway landscaping(see analysis in subsection v). Additionally, staff is recommending additional trees in the southern portion of the buffer along Black Cat Road to provide additional screening. These buffers shall be landscaped per the standards in UDC 11-3B-7C. Additionally,the drainage ditch along Black Cat Road shall be piped in compliance with UDC 11-3B-6. 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 11-3B-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. Tree preservation FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) - 11 - 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 buffers along S. Black Cat Road. v. Pathway landscaping The proposed pathways along S. Black Cat Road appear to include five(5) feet of landscaping on both sides,meeting UDC requirements. However,the south side of the ten(10) foot multi-use pathway along the northern collector does not appear to have the required five(5)feet of landscaping. To comply with the TMISAP's street section requirements,ten(10)feet of landscaping is required south of the pathway. Given that the TMISAP includes on-street bike lanes, which is not the standard when ten(10)foot multi-use pathways are present, staff has determined that if trees are placed within the eight(8) foot parkway,the applicant may reduce the landscaping on the south side of the multi-use pathway to five(5) feet. However, if trees are not provided in the parkway,the full ten(10)feet of landscaping must be included, as specified in the TMISAP(page 3-20, street section C). These requirements will be reviewed during the Certificate of Zoning Compliance process and must comply with UDC 11-313-12. 7. Parking (UDC 11-3C): i. Nonresidential parking analysis In Industrial districts,the requirement shall be one(1) space for every 2,000 square feet of gross floor area. With the proposed I-L zone and building square footage of 19,000 square feet,ten(10)parking stalls are required. The applicant is providing 24 spaces which exceeds the UDC requirements. The applicant has indicated that no more than 18 employees will be present at any one time,which will leave roughly six(6)parking stalls for customers. 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. 8. Building Elevations (Comp Plan,Architectural Standards Manual): Comprehensive Plan Goals 5.01.02C and 2.09.03A prioritize area beautification and community identity by promoting enhanced design standards that result in distinct and engaging developments. The Architectural Standards Manual(ASM)and TMISAP require surface plane modulation at intervals of no more than 50 feet,the inclusion of at least two pedestrian-scale architectural features, and a combination of at least two primary field materials and one accent material. The applicant proposes a large, one-story industrial building designed with higher ceilings and upper windows to create the appearance of a two-story structure. The exterior materials include Granitstone, Optimo metal panels, and stone veneer,with moderate to large setbacks from the street. While the primary entrances are oriented inward toward the collector street to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) - 12- the north,the proposed frontages do not meet the ASM's 30%fenestration requirement along public streets. The applicant has been highly receptive to staff feedback and has worked collaboratively to refine the building elevations to better align with architectural standards. In response,the applicant has adjusted the building's orientation and incorporated additional materials, fenestration,and modulation. Staff is also exploring fenestration alternatives with the applicant that may be addressed through a design standard exception during the design review application. Final elevations will be evaluated during the design review process to ensure compliance with industrial design standards. 9. Fencing (UDC 11-3A-6, 11-3A-7): Outdoor storage and contractor's yards require closed vision fencing when visible from public right of way. With the extension of the collector along the north boundary and the Rosenlof canal on the south boundary,the entirety of the yard will be visible and will require an 8-foot closed vision fence around the entirety of the outdoor storage. D. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.02B of the Comprehensive Plan prioritizes reducing access points on arterial streets through strategies such as cross-access agreements, access management, and the development of frontage and backage roads.Additionally,it emphasizes improved connectivity between local and collector streets. Access to the site is proposed from a future collector street along the northern portion of the property. The applicant is responsible for extending this collector road as outlined in ACHD's Master Street Map. ACHD found that the proposed development meets all of ACHD's policies. Table: Road Infrastructure and Developments Along the Black Cat/Franklin Corridor Category Details Existing and Planned Road Infrastructure W. Franklin Road Existing: 2 lanes,no curb,gutter,or sidewalk. Planned: Widen to 5 lanes between W. McDermott Rd and S. Black Cat Rd after 2028. S. Black Cat Road Existing: 2 lanes,no curb,gutter,or sidewalk. Planned: Widen to 5 lanes between W. Overland Rd and W. Franklin Rd,2036- 2040. Franklin&McDermott Intersection Planned: Multi-lane roundabout, construction scheduled after 2027. W. Franklin Road Connection Planned: Future connection to SH-16 via a signalized intersection. Planned&Approved Developments Full Impacts of these projects are yet to be Impacting the Corridor realized. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) - 13- Black Cat Industrial(H-2021-0064) 2.2 million sq ft of industrial space to the south. Farmstone(H-2023-0045) 378,360 sq ft of commercial and industrial uses across Black Cat Road. Avani Subdivision(H-2023-0049) 256 residential lots to the northeast. Vanguard Village 552 dwelling units. Braya Subdivision 330 single-family lots and 240 apartment units. District at Ten Mile Large mixed-use development(commercial, industrial,residential) impacting area roadways. Development Conditions Some projects are restricted from further buildout until key road improvements are completed. Traffic Impact/Construction of Collector from Proposed Use: The applicant anticipates approximately 18 employees on-site daily,with around 10 semi- trucks entering and exiting the property each day. To align with UDC 11-3A-3,which seeks to limit access points to collector and arterial roadways, staff recommends restricting the western access off the future collector street to truck traffic only. Additionally, a traffic impact study was not required as the size of the development is relatively small and is not anticipated to account for significant traffic counts. Additionally,the applicant is required to construct the future collector road along the northern portion of the site in accordance with the TMISAP Street Section C exhibit. If trees are planted within the eight(8)foot parkway,the applicant may reduce the landscaping on the south side of the ten(10)foot multi-use pathway to five(5)feet. However,if trees are not placed in the parkway,the full ten(10)feet of landscaping must be provided,as outlined in TMISAP (page 3-20, Street Section Q. 2. Pathways and Sidewalks (UDC 11-3A-5, UDC 11-3A-17): The applicant is proposing to construct a 10-foot multi-use pathway along the south side of the future collector and along S. Black Cat Road. This is consistent with the UDC standards and the city's pathway master plan for this area. However,the applicant shall also construct the portion of the 10-foot multi-use pathway on the north side of the future collector that falls on their property(near the collector and Black Cat intersection). This shall be shown on the certificate of zoning compliance submittal. E. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): The Rosenlof Drain runs along the southern boundary of the site. The applicant is proposing to leave the drain open as they will not be impeding access to the irrigation canal. 2. 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) - 14- 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. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 15 days pr4oF to the eity eouneil meeting,provide a r-e-Ased eoneept plan with the follo evisiens2 eolleetor-that falls on the property (near-the eolleetoir and Blaek Cat inter-seetion). if trees are provided inside the eight(8) foot parlvA,ay along the northern eolleetor,t applicant may reduce the landscaping on the south side of the ten (10)multi pathway to five (5) feet. However-,if the trees are not provided in the eight(8) foot parlr.way. The applieant shall provide the ten(10) feet of landseaping as indieated in the Provide a feneing detail of the proposed eight(8) foot feftee. Provide trees that toueh maturity along the Blaek Cat landseape buffer south of the building to aid in sereening the Depiet the portion of the 10 foot multi use pathway on the north side of the futum s yard. Prior to approval of the annexation ordinance,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 DA and Ordinance is approved by City Council. a. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) - 15- c. The western entrance off of the future collector roadway shall be signed and used for truck traffic only. d. All existing structures shall be removed from the property within 90 days of the annexation approval. e. Comply with the architectural standards manual and TMISAP. f. Construct the collector roadway on the north boundary in accordance with the street section exhibit C as listed in the TMISAP page 3-10 or to ACHD's standards prior to certificate of occupancy for the building. A cross-street exhibit shall be submitted with the certificate of zoning compliance. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) - 16- B. Meridian Public Works Wastewater • Distance to Sewer AiaiikbhR�at1Hm Services Sewer Shed • Estimated Project See appfaation Sewer ERU's } WRRF declining Balance • Project Consistent Yes with Wti4 Mast-2r Plan/Facil' Plan • Impacts/concerns See Public Works Site SpecifirCanditians Water s Distance to-Water Water Available at Site Serwices Pressure Zane Estimated Project See application Water ERU's Water Quality None • Project Consistent Yes with Water Master Plan • Impacts/Canoerns See Public Marks Site Specific Conditions NON-PLATCONDITIONS PUlBIM V4'OPY-4 Dl{PNktMr.V r Site S)Kdfie Canditioosuf Approval I. If WCff is fomlcd on the siic it must be ahandmcd per ntqulatnry raquirc nCrm and proof of abandonment must he providod to the City. 2. Sewer sods to the wet is not squired-I f thcrc are no fulum cxpanxian plate;in that direclion,the end-Gf line newer mua be imstalled at a Q_tiWa slope_ 3. The water main along the north boundary nacds In be hwelve-iocli. 4. Watcr maim~mart have a casing when amnxing irrigatirnt m=M with seWAMal meccas restrictism -liitliar provide a casing or demonstrate that llic City will have year-round aoorsy'. S. Rirc hydranLc and water ecrviccs ntitside of the ROW or Lhc public utility eaacnicnt along the mad roquim a 2U'caacnier t op to and T beyond the hydranifineter_ 6. IfhydranLs or water servieca am inside do ROW or public utility casmcnl,censure no 0=9 Or pmmrber t 9triiCtures arc wahm S'of fine hydranL9lmcter_ 7. Ensure no permeammi ffmmA u s(track buahcn,buildings,carp mq,trash Fewptacic walla,fonxs, infiltration trcnchm light pcics,ctc_)arc huilt within the utility casecmcnL Applicant Rtill respnniible to mcct all landacaping requirement and shnuld coordinate with their planner. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) - 17- (korral Conditiem of Approval 1. Applicant-shad coordinate water and scwcr main aL m and routing with the Public Works Dep,artmcnt. 2. Pcr Meridian City Code(MCC),the applicant sbaLL he respons[bLe lit install-sewer and water mama rand thmugh this devclopmcnt Applicant may he cligflc for a Feimburicraent agreement fix infrastructure cnIumeement per MCC R-6-5. 3. The applicant shall provide cwo mcnd(s)far all public watcrlecwcr mains oulddc of public right of way(include all water services and hydrani4). SewcOwatm easemrnt varies depending on sewer depth.Scwcr 0-20 ft deep rogwFe a 30 ft casamcnr,20-25 R a 40 ft easement,and 25-30 ft a 45 ft easemrnt. Ensure ncn permanent struciurert{trccs,bushes,huildings,carpiwm trash rca cLe walls,forkom infiltration drenches,light pales,etc)arc built wi.thin the uliLity casermem. Submit an exec-Lod camment(on the form avallablc from PubLk Works),a Legal description prepared by an Idaho I k4amod Professional.[and Surveyor,which must LneLude the area ofthe easement (unwtod KXHIHIT A)and an 8112"x I I"map with bearings and dismnam(marl€cd EXHIBIT B) for review.Bosh exhibia must to 9calod,signed and daled by a Professional I-and Surveyor-DO NOT RECORD. 4. The City of Meridian requires ttrat pm mrimd irrigation aysmuna be supplied by a yem-Found source ofwmcr(LIDC L 1-38-6).The applicant shouLd be Fequired to use any existing surface or well water far the primary mouree- If a surface or well source is not auailahic,a sinoc-point ca nne kFi io the culinary water system shall ba required_Ifa single-point eomwidon is utili the deweLoper will be responsihle far the paymertt cnf assessments for d w common area;prior do prior to rcociving dcvrdopraent plan appwwaL. 5. Any structures dhat are aLlowed to rcnuJin shall be suhjcet to cvaluaiinn and posaiNc rcassignrnent ofstrect addressing to be in coopliance with MCC:. 6. All irrigatian didahrs,eanak,laterals,or drains,eml"vc of natural waterways,460F%Oeling, crossing nr laying adjacent and contiguous to d w arcs being subdivided shall he addressed per UDC 11-3A-6. In performing much work the applicsm shall comply wish Idaho Co&42-1207 and any other applkmNc law or regulation. 7. Any wdlathat will not eondinuc to he weed must he properly abandancdaeoerding to Idaho Well Crtnsmw inn Sundarda Rules adminAcrcd by dhc MaM Deparimcni of Water Resources. The beveLgscr's Engincer shall providc a sru=meiit addressing whether there we any cxistitg well;in the dcwelopmcnfL.and ifso,haw they will.cmiinuc lit be used,or provide record of ihcir ahand,onmcnt. R. Ang existing septic synerns within this project-shad be removed from service pa City Ckdinanee Scetian 9-1-4 and 9 4 R- Contact Ccndral D,iedriri Health for shandonmrnt praccdures and i upaNinna(209)375-521 1. 9. All Lmprovemcas related to public Iifc,safety and health shaLL be completed prior to amuMricy ofthe ffauctures. 10. Applicant shall be redulmd to pay Public Workadcwwrlepraent plan review,mW cauatnmtion inspection fors,as determined duringthc plan review proem&prior to dtc issuance of a plan approval Letter- 1 1. It dmil ba dhc rcspomsib1Lity of the applicant to ensure that all development feawes comply widh the Anxfkans with M-mi ilities Act and the Fair Housing Act. 12. Applicant-snarl he respomm-bic for application and complince with any Section 404 P,umitting first may too required by the ArmyC.orps of Engimmm. 13. DffvcLopershaLL coordinate mailbox Loraiiana wills the Meridian Post Office. 14. Compaction test results shall be mbmittedto the MULdian Building l3epartment for all building pads recei wing crtginacrcd hackfill,where footing would sit atop fill material- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) - 18- IS. The dcsigp engineer shall he rogWwd to ccnify that the strcct eenierlinc clevations:arc set a min imum of 3-fact above the higheaestahlished peak groundwalerdevation- 771is is to cnsurc that the hattorn elevation ofthe crawl spaecq of homaa Is st Lcaat L-%atahnve. Ifi. 'The applicants design cngincershall he responsible for Aspoctinn ofall Lrrigafion arbHm drainage facLLity within this project that do not fall under the jurisdiction of an Irrigation district or ACHE}.The design engineer AaLLL prcrvideocrtifi"an Drat the facilities havc been instalLcd Ln aecordanac with theapprovcd design plans_This certification will N,rcquued hcforc aecetificatc cfoccupancy is Lssuad fix any strua ucs within the project. 17. Al the completion of the pmjul,the applicant shall ho raspnnsihLc to submit racerrd drawings per tine City of Meridian AutoC.AD standards. Thane rceard drawings must he seared and aMftwci prior to tine Lssuanx ofa acetification ofoecgwcy for any gLnxft res within the project. 18. A stract LLght pLan will need to be it bxkd in the civil snrrst mfmn plans.Sacct light plan requiremcnLs are listed in section fry of tine ImprovemaniSwriards for Strcct Ughting-A"rVy ofthe standards can he found at hyp.ffwww.meridienrit5-erp+puhlic works.aspOM-272. 19. The City of WFIdian requires that the owner poet to the City a performance surety in the amount of 125%of the total construction arst for aLL incomplcte wwcr,water and reuse infrasiruciruc prior to fi na]plat sigrraWrc.7hia mrrety will he verified by a line item cost estimate providai by the nwncrto the{'Lty.The surety can br paned in lino I ra of an irrovacabLc letter of crcd i,cash dgwsit ar band.Applicant must file an applLcatian for aurcty,which can be found on the ,Cornrnunity f3cvclnpnrcni Dgmrtmcniwc8aim. Please contact land f}cnLopmcnt Service fix more information at 887-221 L. 20. The City of McFALan requires that the owner pnA to the City a warranty surety in the a MUnt of 20%of the total construffmrb coat for all completed sewer,water and rcLac Lnfiaatructurc for duration of two years.7hia surety will he verified by a LLne item cost estimate provided by the owns in the City-The surety car,be I► in the form of an inrcv+ammc Ldtarcfcredit,cash dgxsit or bond.Applicant must file an aWL[cation for surety,which can be found on Ore Community Dcvclopmcnt Dcpartrneniwdmk. Please eonlaet land Dcvclopmcnt Scrviee fix more information at 897-221 L. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) - 19- C. Nampa&Meridian Irrigation District ��+l1lt�dr�. ��rccc�rlw e�a+gr: w�ttC�� rin'stktir S[}d:4 hAhV%k EJAdM-3 UN661.439h FAX t2c&4S M nntixory CMCE �Mdh f EMl�y V.AlI t g4r' r S��,d4 w Cky C1wk'1{)ll`t= Clly d iN"ien 13 E,&o*&s)Avorrot,S.mkc 102 Wrilrw.1f183G#2-;b 14 RE: I1-14144*bld 2"-S 11 wN Uor Rd;[-err dr M. sla To W'J%ML It y11kWC.rineare ti+1n1rA kkrld*n IrnpiP n DiorrillV!Nlrl)TtgWm%a filimt Lw4 I-iw Chwo AvPlKruq*1lttt;yIL,* r4iurw And phn631;. All1 Er,xale b4ar.k itld waoc wes pet#1 bt ph I bp4 11,Eli b-= R1sa+Inf Vmip flaws"Enough the rr b prafror[Y IIrk Ot LUW ptrrpwt}. ThE iLrricr.alw RWI llrr Lhc kcrwalof brain X Lhu ku llo . o miinhnum +f lvwut] Fort VV)km th irty Fad 13c1 rtp*#nd rnrr} FW 140'� kfk henk4 f1ll.raeNbcMt Mu l he Ir kLtided- AMv WcOkkrrrol ti1lhu.l a wgrnd I.rreme Aj:rL*mtw AzA ■Ppkmskl Ilka 6,61rus.rtnlnnYPa isaa.rrrptjlhge. AD It1..—rµJ• r,i,K V.1ril inbv mill l aLgimigd ern Li". 1f 11t14 t1Nlr%rghl l Fdrimm L a dp Iva4vz Ole %ft h M I L)r1 urt rr41 cm flr mmF pl mml.d1t*kW l aza Olmpky wrlh ldtgmn(%nde}I-31W5.Flee fat I'Mrl 10,NAILWA ltk gut furlhei ihlmVUL m. .Igww * r #Rave monde.lXM* 1- I}�kclopnlclu Lt1rw,Jrruusr N mpkak Wridu Irnprim Diwkt AMA Cc Off 06! G.TkVall , A.W-A14a kPPLkwd r _ - _ +PPN6aull�e�rer� - - r rr.'hk 7r7W rCil14 Ftpp 1430E pr4.[��7r6-16il]} FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -20- D. Ada County Highway District(ACHD) CHDV,dmr",%%M-PM&k*" wMfler . IVI &S P=rR"N6EWf% Date:February21R,2025 To.Becky Moons 5#aff Co"tact:M'Ott Pak,Planner Pr-Djen Deseriptiam Care&Main Tpip Gerreratran- This devalaon+ent rs e31[imat9d is generate 7d srehlde trios per d4y, S vehirta 1 rip por thou rill th*P1W pack hour.based on The Imilutt OF Trdrdponstiork Eng ineers Trip Generation Manual,W editiom- r - ACHD Planrwd Im Comment% *the tables above lis#the exiVin9 conditions of the surrounding roadways wwithoutthe proposed development as thisapplication isfor annexation and mzarwonty.With a Ntura davotavmont&ppbe##ion,lhls summary Wi 11 be updated#Dref*Ct the oevelwment an0 its imp3xt. connecting you to mom Ada Caunry ni,*—ay ramki-ME Adorn.Scrm-GaAdan GV.Ip-rsru-PH 7M M7-f M-FX 34r%W-w.rk avddaha&V V. FINDINGS A. Annexation(UDC 11-5B-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Based on previous approvals, the Commission finds the proposed development is consistent with the TMISAP designation of Mixed Employment and the proposed development will be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -21 - consistent with the previous approval of the Black Cat Industrial Business Complex on the property to the south. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that while the proposed map amendment to I-L zoning is not the preferred zoning in the Mixed-Employment area, it aligns with the existing zoning to the south and the intended use of the site supports 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 5.0 acres of property with the I-L zoning district to allow for a small employment and low impact user to expand its operation in the city. The 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 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 Council finds the proposed annexation and zone of I-L to be in the best interest of the city due to previous approvals for the property to the south and providing employment through a low impact user. B. Comprehensive Plan(UDC 11-513-71)) 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 a amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. The Council finds the proposed amendment to M-E is consistent with the Comprehensive Plan in that the proposed development will provide employment and help with a transition from light industrial to residential as this use is relatively low impact on the overall area. 2. The proposed amendment provides an improved guide to future growth and development of the city. The Council finds that the proposal to change the FL UM designation from Low Density Employment to Mixed Employment will allow for an extension of the approval on the development to south of this property and provide a low impact employment use. 3. The proposed amendment is internally consistent with the goals, objectives and policies of the Comprehensive Plan. The Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section III. 4. The proposed amendment is consistent with this Unified Development Code. The Council finds that the proposed amendment is consistent with the Unified Development Code. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -22- 5. The amendment will be compatible with existing and planned surrounding land uses. The Council finds the proposed amendment will be compatible with existing industrial to the south and due to the low volume of truck traffic will provide an adequate transition to the residential across S. Black Cat Road. 6. The proposed amendment will not burden existing and planned service capabilities. The Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are currently available to this site.ACHD has determined the traffic along S. Black Cat Road and W. Franklin Road will have sufficient capacity to allow for the addition of this use in the area. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Council finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section III and the subject findings above, The Council finds that the proposed amendment is in the best interest of the City. VI. ACTION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Annexation per the provisions in Section IV in accord with the Findings in Section V. B. Commission: The Meridian Planning&Zoning Commission heard these items on March 20', 2025. At the public hearing,the Commission moved to recommend approval of the subject Comprehensive Plan Map Amendment and Annexation requests. 1. Summary of Commission public hearing_ a. In favor: Becky Moose, Glenn Walker,Dave Heupel,Melanie Anderson b. In opposition: Cheryl Whiting-Storrs,Greg Storrs,Keith Whiting, Colton Storrs. c. Commenting: Becky Moose,Glenn Walker,Dave Heupel,Melanie Anderson, Cheryl Whiting-Storrs, Greg Storrs,Keith Whiting, Colton Storrs. d. Written testimony:None e. Staff presenting application:Nick Napoli f. Other Staff commenting on application: Kurt Starman 2. Ke. ids)of public testimony A. Cheryl,Greg,Keith, and Colton all had concerns with the proximity of this industrial use next to the existing residential to the north in Ada County and with the new residential subdivisions being built on the east side of Black Cat Road. In addition,they concerns that allowing this change from Low-Density Employment to Mixed Employment will erode the planned transition envisioned with the TMISAP and Comprehensive Plan. 3. Key issue(s)of discussion by Commission: a. The Commission discussed the planned transition from residential to industrial users and deemed that Core and Mains recommendation for approval was consistent with the approval of the Black Cat Industrial Park to the south and that it is a relatively low- impact user. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -23- 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)for City Council: a. Determining if the change from Low-Density Employment to Mixed-Employment to allow for an Industrial user is appropriate considering the planned transition in this area. C. City Council: The Meridian City Council heard these items on May 6', 2025. At the public hearing,the Council moved to approve the subject Annexation and Comprehensive Plan Map Amendment requests. 1. Summary of the City Council public hearing: a. In favor: Becky Moose,Glenn Walker,Dave H=el b. In opposition: None C. Commenting: Becky Moose, Glenn Walker, Dave Heupel 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. The amount of industrial space in the city and whether it is adequate or not. The council all agreed that industrial space is something that the city does not have enough of. The council also asked about the sound study that was conducted and we satisfied with the standardized nature of it. 4. City Council change(s)to Commission recommendation. a. None FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -24- VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend Project Location ;.;Area of Impact OAnalysis IV- y _ FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -25- 2. Zoning Map Legend 0 �_® L- ® Project Location R-2 R-4 ', V Area of Impact 0 RUT Analysis R 8 Rl ;.� TN-R _ WE R-15' i - M' C N -� -2 R-40 TN-C M2�T I-L C-C C-G RR -E RUT FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -26- 3. Existing/Proposed Future Land Use: E7ahw W i 9 fxrzs ao i,aaFo k Adopied Future Land Uses Legend Fuhre Lmd Uses Clh/rriA9 - � , —Loy,Density Raeidarrlial AMeQum DBrrAy%%r nh0 - Nwc�Hclh NrrAy kwwlenha High Drnpily P-mideniinl , -Commcrciol _InO. MN C1050 Proposed future Land Uses ad fpwn MuerJ U.Nei@hh t..d -h ked U�ub Coning"ry -M k&d Use Redond •'-- _-- -Mmd Use NonA%cR-&nll6 Mttpd Lrw-Homh4nQe - ier5 Jaiir Seer=i�i� -Lox Derwlly Emplafir'nenf -LIIeWe,Censer High penally Err b,, r l I •J -Mixed Fmploymm& � < -Wh d Use Residr 4i3l -MbLe'd Use C¢rr5M&Oc l ` FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -27- 4. Planned Development Map Legend - � u ® Project LocationrT 9 0 Area of Impact ® 9 T=' city Limits Planned Parcels O Analysis m 01 a p 6 Q FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN-H-2024-0066) -28- B. Subject Site Photos Y a _ FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) —29— C. Service Accessibility Report Overall Scare; 11 2nd Percentile Description Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains e 500 ft.from parcel GREEN Floodplain Either not within the 100 yrfloodplain ar > c ores GREEN Emergency Services Fire Response time > 9 min. RED Emergency Services Police Not enough data to report average re , se t'me RED Pathways Within 1 J4 mile of future pathways YELLOW Transit Within 1/4 mile of current transit route GREEN Arterial Road Buildout Status Ultimate configuration (#of lanes it) master streets GREEN plan) matches existing (# of lanes) Schaal Walking Proximity Within 112 mile walking GREEN llllj Schaal Drivability Not within 2 miles driving of existing or future school RED WIPark Walkability No park within walking distance by park type RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -30- A Original and Revised Site Plans(date: 1/16/2025) a n� wrtL eenrvaww 3 LII OIL awlllWl �rrr��uiv�s� a fa>w1t ae.x wn vm eaax¢- a,.«, = a z : 9� �sna� I I u.raK awls.aa wwrr vlsl.e n U I g�: I ICI —— —— ------------- -- ---wrs,u. �� . . 3 SCHEMEM � PFtEL11I y C101 uorrwcorlsmucncN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) —31 — � J i .S J .—_—_—_—_—_-- 1 LFTTN151GFR 1W1➢F' _ TS r ln.� r � v1611p4[AOIUrlL � I MRI{IXG GlTF. Il SP 51 A➢A SMIM Q SLID' i y ril I F:,T 1 AY 1 n I lAkLfRfi IS 1 wr 1 IQF - HA Ii 1 + ! wl Raat. {! auHlsrla s WCaTp�- '1 lROVIPC rJ CYIY'.P.4 LI-11 u'Il 1 II AR L51Rf - &TOPnAE.YAR9 I T T�AiWK 7K1{IF f47�TAlll Rlll fll 4 TT.PAI:in ai�i —— — — ——_ — RITS'll:tiCl. I — — —— —— FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -32- BuildingE. Elevations I2/21/2025) �III� e o -• cTww -11 w_Ark= -d�� G O a a N 7 C f unnweumunnnnunnnnununmm�mm�mnnnnumunmmmeunnnnumumesm�mmumunumunuum �,�'`��■ ■ ■■ „� �� III --- --- SCHEME K PRELIMINARY A201 �III� ► a ■����.-�_�-_ �■�I-■A■Lid,__ - �� SCHEME K FINDINGS OF FACT,CONCLUSIONS OF LAW ■ nnnnnnnnunnunnu un�insanun a unnnnnu u u uumdunueu unnnnnnn wnnunnum unnnnnn■u a noon www www I�■■■��wA-��■■H■■■■����'/w�■■■■■�■��■���■■ 1 1 AND , FOR •R 00■■ F. Annexation Legal Description&Exhibit Map w, Fran4b% R& 5.9 530 �I S8917'D4'E y�4 B5.9C' 8{ �39�9 �+ �r t47-1,25F �' I I JI I � v r cry a; #m 4m i Annexation AreaFn o 5.94 /,cr.i O fJj � p m Y Y 4 I I Nl/t6 Nag 23`19'Yf 494_51' - Ppiry o� � Legend 2, Found Bran Cop Ml umani P-aumd AWmAum Lap Mwo er.i } * M$Vo 5.16 5,15 � oKnmralao 6�akt ---,--!_-,--• AjnwGrUa Roux-da v Line wz(l d � Right-ot-Way LAr .T rE of ti9r N — - - — ' - — PeRcw lire ad Rer:orel 56dh4: I'-YfJf- ►no vT DodraLrd MrhR-a{-Ww 7% N 107 7K. �IDAHO EKhblt Drgwing (OF J�RVEY •.�a ae4LL� Annexetfon sr.r xq .xi-r*ntl" 299 a 1319Ck Cat Rd. 1 GROUP. LLG A PiPiM er Mir KEI/$ I'll5117br It D" pats T.]H.RVA a.m.hay{.a.w. 17av it f26{mr4 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -34- IDAHO 9939 W Emrlild St SURVEY Lam,lb 43704 GROUP P4r14;(20P I$+5-gS7P Fax, f206i9d4.5394 Ih ,;nFRtnn t* inocxaliao-fity of-icridIms Noacalher 26,2U2a The rollowng peacnbet a PzmW{;i 4and being P P-14n of 1114 Nvrshcm-i 114 of the Narthear.tin of Sectian 7&-ovemahip 3 North.Range 1 Wool.Baiae Mendian,Abe County Idaho-arrd more panitularly descri4ed as tallow& COMMEMCNO al the Northeasl Corder o1 5ed.Ian 15.70wrshlp 3 North.Flange 1 Wail. fS xa'MEndan.drum which.iho Sud?w %a Comer or the Rudheael 194 East i Jib Garner,of aard Section 18 bears,8"h C-3-s 3 ''y1p31 2 957.M feel,Thence dkxrg:he Easterly1kcaiaaid Swim 1E South03'a:300"Weat.1328.58fewto tha North III comer the POINT OE BEGIHN ING; These -.e leaving said Easleny Igie and a"trtie Soulhefty We or saA Northeast 1 A al the Nar#frplret t,q,N Mh$0'I3'1$'We#.4}4 31 feeL Thence*awing sand Southerly Ilne,NarLh 00'49 W East.3W.5p fW Thence.North yT`28W Fist AN.92 heel, Thence.South 89'1 7100'East.95.W lent to1he Eeslarq,'Ilns of saki Sawn 16: TheW4ee akrg said EadEey Nw,Sauch OQ'43W WeaL 479 04"eat to the POIN T OF BEGINwIHO- The above Damribed FarCe1 of La nd contains 5-04 acres.m are or less. 0pp, pup I of I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORE AND MAIN—H-2024-0066) -35- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Mondt Meadows Subdivision (H- 2024-0067) by Gregg Davis, Breckon Land Design, located at 6101 and 6162 S. Terrega Ln. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��(IEFI AND DECISION& ORDER In the Matter of the Request for annexation,Comprehensive Plan map amendment, and preliminary plat,by Gregg Davis,Breckon Land Design. Case No(s).H-2024-0067 For the City Council Hearing Date of: May 6, 2025 (Findings on May 13,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 6,2025,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 6, 2025, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 6,2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 6,2025,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 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 § 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 May 6,2025, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MONDT MEADOWS SUBDIVISION AZ,CPAM,PP-FILE#H-2024-0067) - 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, Comprehensive Plan map amendment, and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 6,2025, 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 11-613-7A). 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 11-6B-7B). 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 1I- 6B-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 11-5B-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(MONDT MEADOWS SUBDIVISION AZ,CPAM,PP-FILE#H-2024-0067) -2- City Code Title I I(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 § 67-6521(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 §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 6,2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MONDT MEADOWS SUBDIVISION AZ,CPAM,PP-FILE#H-2024-0067) -3- By action of the City Council at its regular meeting held on the 13 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 5-13-2025 Attest: Chris Johnson 5-13-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 5-13-2025 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MONDT MEADOWS SUBDIVISION AZ,CPAM,PP-FILE#H-2024-0067) -4- EXHIBIT A COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 5/6/2025 Legend DATE: Project Location TO: Mayor& City Council :::Area of Impact 4= City Limits - FROM: Linda Ritter,Associate Planner ®Analysis -_ 208-884-5533 -Irifter@meridiancity.org �r 5 APPLICANT: Gregg Davis,Breckon Land Design SUBJECT: H-2024-0067 --, � Mondt Meadows Subdivision AZ, , CPAM, PP J ' LOCATION: 6101 and 6162 S. Tarrega Lane, located in the SE '/4 of the SW '/4 of Section 31, _7 ' T.3N,R.1E,Parcels S1131346650 and - '-- �` S1131346605 1. PROJECT OVERVIEW A. Summary • Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 10.28-acres of land from Medium Density Residential(MDR)to Low Density Residential(LDR); • Annexation of 10.84-acres of land from RUT in Ada County to the R-2(8.48 acres) and R-4 (2.36 acres)zoning districts; and • A Preliminary Plat consisting of 11 building lots (10 new and 1 existing) and 4 common lots on 10.28-acres of land in the proposed R-2 and R-4 zoning districts. B. Issues/Waivers • The Future Land Use Map designates this area as Medium Density Residential. The property owner is requesting a change to Low Density Residential to allow for larger estate lots, consistent with the existing development pattern in the area,with the intent of preserving the property for future generations. • The existing house is within a thirty(30)foot access easement to the north and thirty(30) foot access easement to the west. These easements will need to be relinquished or vacated before the City Engineer signs the final plat. • Per UDC 11-3A-6, in Residential Districts, irrigation easements wider than ten(10) feet shall be included in a common lot that is a minimum of twenty(20) feet wide and outside of a fenced area,unless otherwise waived by City Council. There is a 30-foot-wide irrigation easement along the northern portion of the property,which is required to be placed in a common lot unless the requirement is waived by Council or documentation is provided showing the easement has been relinquished by the owner. City of Meridian I Department Report I. Project Overview • Council waiver to leave the private drainage ditch(Watkins Ditch)that runs along the eastern portion of the property open within a thirty-eight(38) foot wide easement. C. Recommendation Staff. Staff recommends approval of the proposed amendment to the Future Land Use Map, annexation and preliminary plat per the provisions in Section IV in accord with the Findings in Section V. D. Decision Approval City of Meridian I Department Report I. Project Overview I1. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Residential - Existing Zoning Rural Urban Transition(RUT VII.A.2 Proposed Zoning R-2 and R-4 Adopted FLUM Designation Medium Density Residential VII.A.3 Proposed FLUM Designation Low Density Residential Table 2: Process Facts Description Details Preapplication Meeting date 11/5/2024 Neighborhood Meeting 11/21/2024 Site posting date 4/7/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.G • Comments Received Yes, Staff Report - • Commission Action Required No - • Access Sublimity Avenue - • Traffic Level of Service See Figure 2:ACHD Summary Metrics - ITD Comments Received No Comment or Concern Meridian Fire Turnaround shall be in accordance with 2018 International Fire Code,Appendix D,and shall meet the minimum specifications of 96'exclusive of shoulders and curbs. Meridian Police No Comment Meridian Public Works Wastewater IV.B • Distance to Mainline Available at the site • Impacts or Concerns See Site Specific Conditions of Approval Meridian Public Works Water IV.B • Distance to Mainline Water is available at the site • Impacts or Concerns No Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. Mondt Meadows Subdivision AZ,CPAM,PP H-2024-0067 (copy this link into a separate browser). City of Meridian I Department Report II. Community Metrics Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1131346650 Date Retrieved:2025/ 1/3 Parcel Count Parcel Acreage Infill Indicator: 485 1,044 Surrounding Area 45% vot city 397 ® City Limits ■ Not City Household Household& Population Growth Households 02020 Population Change:113.9°I° Population 723717172, ■Growth (Household and Population Change since 2010 Decennial) 1,000 2,000 3,000 4,000 Use Types Residential Addresses All Addresses a% ■ Single-family is 7% Multi-family0% ® Commercial Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years) Proposed Proposed Pending Pending Approved Approved 1000 2000 3000 0 10 20 30 4U ■ Single-family ❑ Multi-family City of Meridian I Department Report II. Community Metrics 2.00 500 Single-family y 1.50 (AResidential Parcel Diversity a 1.00 U E3 Parcel Count 0.50 L a.09 a *Average Acres 0.00 a:aa 0 R-2 R-4 R-15 Average Single-family Density by Zoning Average 15.00 �11.49 ResidentialDensity 10.00 06.29 5 94 p 5.00 1.85 0.00a.oa Dwelling Units I Acre R-2 R-4 R-8 111-15 Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. Fieure 2:ACHD Summary Metrics Level of Service Planning Thresholds 1. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service "*State Highway 0--feet ArteCJaJ 1,798 WA 69fhleridian Road * Lake Hazel Road 0-feet Principal Arterial 167 Better than °E" *Sublimity Avenue 47-feet Collector N/A NIA *Acceptable level of service for a two-lane principal arterial is 'E" (690 VPH)_ *Acceptable level of service for a five-lane principal arterial is'E" (1,780 VPH)_ "Acceptable level of service for a two-lane collector is "D" (425 VPH). "*ACHD does not set level of service thresholds for State Highways_ 2. Average Daily Traffic Count(VDT) Average daily traffic courts are,based on AGHD's most current traffic counts_ • The average daily traffic count for SH-69 (Meridian Road) south of Amity Road was 39,546 on October 8, 2024. • The average daily traffic count for Lake Hazel Road east of SH-69 was 3,747 on June 12, 2018_ Since these counts were taken Lake Hazel Road from SH-69.iMeridian Road to Locust Grove Road has been widened to 5-Janes. There are no existing traffic counts for Sublimity Avenue north of Lake Hazel Road_ Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics Figure 3: Service Impact Summary ImpactService . . Ready Marginal Caution \`off o a\� t�,e a\� 11 o � o a Q- Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The current Future Land Use Map(FLUM)designation for the properties is Medium Density Residential and the zoning district is RUT as the property is located within Ada County. The applicant is requesting a Comprehensive Plan Map Amendment(CPAM)to change the FLUM from MDR to LDR to accommodate zoning that allows large and estate lots at gross densities of three dwelling units or less per acre. Low Density Residential is adjacent to the property to the north,Mixed Use Regional(MU-RG)is to the west and Medium Density Residential is to the east and south of the proposed project.After reviewing the comprehensive plan and nearby properties, staff believes the requested Low Density Residential designation is appropriate given the proximity to the existing large estate development to the north.Additionally,the Low Density Residential FLUM designation,which already exists to the north of this property, further supports this recommendation. Medium Density Residential: The Comprehensive Plan identifies Medium Density Residential land uses as the development of dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. Low Density Residential: The Comprehensive Plan identifies Low Density Residential land uses as the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. Staff s analysis of the CPAM request are as follows: 1. Alignment with Existing Uses: • The current use of large estate residential lots aligns more appropriately with the Low Density Residential(LDR) designation,which accommodates lots ranging from 8,000 to 12,000 square feet or larger. 2. Compatibility and Planning Goals: • R-2 and R-4 Zone Suitability: The proposed zoning is consistent with the characteristics of large estate lots,mirroring similar developments to the north and south. • Surrounding Zoning: - The properties to the north and south are zoned Rural Urban Transition(RUT). - The northern property, designated for Low-Density Residential use,is planned for R-4 zoning. - The southern property remains RUT with a minimum lot size of five acres. - The proposed R-2 and R-4 zoning aligns with existing land use patterns and zoning designations. 3. Site Design and Community Impact: • The Low Density Residential designation supports the continued development of large estate lots, fostering a cohesive and compatible land use pattern. • Adjusting the Future Land Use Map(FLUM)to LDR maintains consistency with existing uses and complements surrounding residential development. City of Meridian I Department Report III. Staff Analysis Given the proximity of large residential estate lots to the north and south, staff finds the proposed Low Density Residential FLUM designation appropriate for this location. Table 4: Proiect Overview Description Details History Parcel S 1131346605 was created through a property boundary adjustment through Ada County. Phasing Plan 2 phases Residential Units 11 (10 new and 1 existing) Open Space Provided: .63 acres/12%—Required: .42 acres/8%R-2 Provided: .43 acres/16%-Required: .32 acres/12%R-4 Amenities 2 amenity points/ Physical Features Watkins Drainage Ditch Acreage 10.28(R-2: 7.89 acres and R-4:2.36 acres) Lots 11 building lots(10 new, 1 existing)and 4 common lots Density 1.26 dwelling units per acre B. History The property resides within Ada County and is currently zoned RUT. The property owner recorded a property boundary adjustment on January 16,2024,to reconfigure the lot lines in order to subdivide the norther half of their property. See Record of Survey below. 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ACCURATE _ ,. . •: e -------------x5L1%8'BABEL XD.45----------r.2X. R.,rr.i.-'E. '•ern-`er. --- R.r.c ems. a �.' mmc um asm: une,dee•wr City of Meridian I Department Report III. Staff Analysis There are existing easements on the property that are being proposed to be relinquished. • There is a thirty(30)foot wide access easement(Instrument No. 7520424&2021- 049475),that runs across the north boundary of both parcels in the project, as well as the west thirty(30)feet of each parcel. These easements are no longer required and will be relinquished with the recordation of the final plat. • The existing thirty(30)foot wide access easement,(Instrument No. 9037915),which runs across the east 302.15' of the south boundary of parcel S 1131346650 will be relinquished with the recordation of the final plat due to the public road improvements in the same location. • Dry ditch that runs through parcel S 1131346650 along the east side needs to be either depicted on the plat map within an easement or provide written documentation showing the dry ditch had been abandoned and is no longer in use by the affected property owners. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The current use of the property is residential with two (2) existing structures. The plat map shows the structure on Lot 1, Block 3 of the proposed plat as an existing shop. However, Ada County Assessor describes the structure as a single-family dwelling. Lot 1, Block 3 is not eligible for another residential unit unless the existing structure is removed or converted to a secondary dwelling and meets all the UDC requirements. The existing strucutres will be required to connect to city services and the existing wells and septic system will need to be abandoned as required. Lot 1, Block 1 shows a future development, this development shall align with the proposed roadway connection from the development(Skyranch Subdivision) to the west. 2. Proposed Use Analysis (Comp Plan 2.01.01 C, UDC 11-2): The applicant is proposing single-family detached homes which are listed as a principal permitted use in UDC Table 11-2A-2 for the R-2 and R-4 zoning districts. The project will be developed in two phases. The developer provided a future layout showing how the property will be redeveloped. The future phase roadway shall align with the approved project to the west, Skyranch Subdivision. Comprehensive Plan policy 2.01.01 C allows for a range of residential land use designations that allow diverse lot sizes, housing types, and densities. 3. Dimensional Standards (UDC 11-2): • In the R-2 zoning district, a twenty (20)foot landscape buffer is required along Sublimity Avenue and a ten (10)foot landscape buffer is required along E. Escalation Drive. The maximum building height for this area is thirty-five (35)feet with an interior setback of 7.5 feet per story and a rear setback of fifteen (15)feet. The minimum street frontage is eighty(80)feet. • The dimensional standards for the R-4 zone are the same as the R-4 except the interior setback is five (5)feet and minimum street frontage is sixty(60)feet. D. Design Standards Analysis The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 and 11-2A-7 for the R-2 and R-4 zoning districts. The proposed lots comply with the dimensional standards of the above-mentioned districts. City of Meridian I Department Report 111. Staff Analysis 1. Existing Structure and Site Design Standards (Comp Plan 5.01.02A, UDC 11-3A-19): The current use of the property is residential with two (2) residential properties existing. The structures will remain and the existing well and septic system will be abandoned as required. City utilities are required to be extended to serve the proposed development. Comprehensive Plan Policy 5.01.02A requires the applicant to maintain and implement community design ordinances, quality design criteria, and complete street policies to set quality standards citywide. 2. Qualified Open Space &Amenities (Comp Plan 2.02.00, Comp Plan 2.02.01B, UDC 11- 3G): Based on the standards in UDC Table 11-3G-3, a minimum of 8% (or 0.42-acres)for the R- 2 zoning district and 0%for the R-4 zoning district, as it is less than five(5) acres in size) of qualified open space is required to be provided within the development. An open space exhibit was submitted as shown in Section VITF, that depicts 9.65% (or 0.988-acres) of open space that meets the required quality and qualified open space standards. Based on the standards in UDC 11-3G-4A, a minimum of two (2) amenity points are required as the overall project is ten (10) acres in size. The amenities proposed are an outdoor fire ring, picnic table, bench and picnic shelter.All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per UDC 11-3G-5B.3. Comprehensive Plan policy 2.02.00 requires the applicant to plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. Comprehensive Plan policy 2.02.0IB requires the applicant to evaluate open space and amenity requirements for consistency with community needs and values. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets UDC 11-2A-6 requires a twenty(20)foot wide buffer along collector roads (Sublimity Avenue). The adjacent developer to the east will be installing the landscape along Sublimity Avenue as part of their project approval. ii. Tree preservation Per UDC 11-3B-10,the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred(100)percent replacement(Example: Two(2)ten-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five(5)four-inch caliper trees, or seven(7)three-inch caliper trees). Deciduous specimen trees four-inch caliper or greater may count double towards total calipers lost,when planted at entryways, within common open space, and when used as focal elements in landscape design. If trees are proposed to be removed from the property that meet the criteria listed above, the applicant shall add a mitigation section to the landscape plan with final plat submittal. iii. Storm integration Per UDC 11-3B-11,the applicant shall meet the intent to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated,well designed stormwater filtration swales and other green City of Meridian I Department Report IIl. Staff Analysis stormwater facilities into required landscape areas,where topography and hydrologic features allow if part of the development. Development will be required to meet UDC 11-3B-11 for stormwater integration. iv. Pathway landscaping Landscaping for pathways shall meet the requirements outlined in UDC 11-3B-12. The applicant is required to provide a landscape strip a minimum of five(5) feet wide shall along each side of the pathway. Designs are encouraged in which the width of the landscape strip varies to provide additional width to plant trees farther from the pathway,preventing root damage. The minimum width of the landscape strip shall be two (2) feet to allow for maintenance of the pathway. The landscape strips shall be planted with a mix of trees, shrubs, lawn, and/or other vegetative ground cover. There are no pathways required or being proposed for this development. 4. Parking (UDC 11-3C): Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. On-street parking is also available on the proposed streets. i. Residential parking analysis The proposal will be required to meet the standards for parking as set forth in UDC I I- 3C-6. 5. Building Elevations (Comp Plan 2.01.01 C,Architectural Standards Manual): Eight(8) conceptual building elevations were submitted for the proposed subdivision as shown in Exhibit VII.H. The applicant states the homes in the Mondt Meadows Subdivision will include ten (10) homes with a mix of different product types, two-story and single-story detached single-family homes. Buildings shall be designed with elevations that create interest through the use of broken planes, windows, and fenestrations that produce a rhythm of materials and patterns. Design review is not required for single-family detached structures. However, because the rear and/or sides of homes facing Sublimity Avenue will be highly visible, Staff recommends a DA provision requiring those elevations incorporate articulation through changes in two or more of the following.- modulation (e.g.projections, recesses, step-backs,pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from adjacent public streets. Single-story homes are exempt from this requirement. Comprehensive Plan policy 2.01.01 C encourages the applicants to maintain a range of residential land use designations that allow diverse lot sizes, housing types, and densities. 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. The landscape plan shows a six (6)foot tall solid vinyl privacy fencing along the perimeter of the plat and a six(6)foot open vision fence along the common area on the east side of the project. Per UDC 11-3A-7.A.3, barbed wire fencing is prohibited. The applicant shall work with the neighboring property owner to remove the existing fence and replace it with a fence that meets the current fence standards. 7. Parkways (Comp Plan 3.07.01 C, UDC 11-3A-17): Per Comp Plan policy 3.07.01C appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.) is required. City of Meridian I Department Report III. Staff Analysis Per the UDC the minimum width of parkways planted with Class II trees shall be eight(8) feet. The width can be measured from the back of curb where there is no likely expansion of the street section within the right-of-way;the parkway width shall exclude the width of the sidewalk. Class 11 trees are the preferred parkway trees. The applicant is proposing a parkway along E. Escalation Drive.. E. Transportation Analysis 1. Access (Comp Plan 6.01.02B, UDC 11-3A-3, UDC 11-3H-4): Access to the property will be via Sublimity Avenue, a collector road. The property owners will need to relinquish their rights to the private road(Tarrega Lane). Written documentation is required prior to the City Engineer's signature on the final plat. 2. Sidewalks (UDC 11-3A-17): All sidewalks constructed as part of this proposal are required to comply with the standards listed in UDC 11-3A-17 3. Private Streets (UDC 11-3F-4): Staff have reviewed the application for private streets within the development as shown on the preliminary plat. The street is proposed to be located in common lot in the subdivision and will connect to a local street; the point of connection of the private street to the public street is subject to approval by ACHD. The Fire Department has approved the request contingent upon both sides of the street being signed `No Parking Fire Lane."A gate is being proposed at the entry of the private street. The Director has tentatively approved the request subject to completion of the tasks listed in UDC 11-3F-3B within one (1)year in accord with the Findings listed in Section V below. 4. Subdivision Regulations (UDC 11-6): i. Dead end streets No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than five hundred(500)feet except as allowed by UDC 11-6C-3. There are no dead end streets being proposed that are longer than five hundred(500) feet. ii. Block face UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 ft, although there is the allowance of an increase in block length to 1,000 feet if a pedestrian connection is provided. In no case shall a block face exceed one thousand two hundred(1,200)feet,unless waived by the City Council. As currently designed, the proposed plat meets the block face requirements. F. Services Analysis 1. Waterways (Comp Plan 4.05.01D, UDC 11-3A-6): Per UDC 11-3A-6, requires limiting the tiling and piping of natural waterways, including, but not limited to, ditches, canals, laterals, sloughs and drains where public safety is not a concern as well as improve,protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough and Jackson and Evan Drains) as an amenity in all City of Meridian I Department Report III. Staff Analysis residential, commercial and industrial designs. When piping and fencing is proposed, the standards outlined in UDC 11-3A-6B shall apply. In Residential Districts, irrigation easements wider than ten (10)feet shall be included in a common lot that is a minimum of twenty (20)feet wide and outside of a fenced area, unless otherwise waved by City Council. There is a private drainage ditch (Watkins Ditch) that runs along the eastern portion of the property which needs to remain and shall be placed within a thirty-eight(38)foot easement. The applicant is proposing to leave the ditch open and keep it in its natural state. The applicant needs to submit a document requesting a waiver from Council to leave the ditch open. Comprehensive Plan policy 4.05.OID requires improving and protecting creeks and other natural waterways throughout commercial, industrial, and residential areas. 2. Pressurized Irrigation(UDC 11-3A-I5): The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 3. Storm Drainage (UDC 11-3A-18): An adequate drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed with a future construction application and shall be constructed to City and ACHD design criteria. 4. Utilities (Comp Plan 3.03.03G, UDC 11-3A-21): Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. All utilities are available to the site. Water main,fire hydrant and water service require a twenty foot(20) wide easement that extends ten (10)feet past the end of main, hydrant, or water meter. No permanent structures, including trees are allowed inside the easement. Comprehensive Plan policy 3.03.03G require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities. City of Meridian I Department Report III. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division I. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. A final plat will not be accepted until the Annexation ordinance and development agreement are approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall,at a minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan,phasing plan,and conceptual building elevations for the single-family dwellings included in Section IV and the provisions contained herein. b. The rear and/or sides of 2-story structures that face Sublimity Avenue shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. c. No building permits shall be issued prior to the plat being recorded. d. The Open Space amenities shall meet the following requirements: the picnic area shall include tables,benches, landscaping, and a structure for shade; and the outdoor fire ring shall meet fire safety standards, is located on a noncombustible surface and includes fixed seating. e. The property owners of parcel(s) S 1131346650 and S 1131346605 shall relinquish their rights to access and utilize the private road Tarrega Lane. Written documentation shall be submitted prior to the City Engineer's signature on the final plat. f. The existing homes shall connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. g. The single-family structure on parcel S 1131346605 located at 6162 Tarrega Lane can remain in its current location once the following easements have been relinquished: o There is a thirty(30)foot wide access easement(Instrument No. 7520424&2021- 049475),that runs across the north boundary of both parcels in the project,as well as the west thirty(30)feet of each parcel. These easements are no longer required and will be relinquished with the recordation of the final plat. o The existing thirty (30)foot wide access easement,(Instrument No. 9037915), which runs across the east 302.15' of the south boundary of parcel S 1131346650 will be relinquished with the recordation of the final plat due to the public road improvements in the same location. City of Meridian I Department Report IV. City/Agency Comments& Conditions h. Written documentation to relinquish the easements listed above shall be submitted prior to the City Engineer's signature on the final plat. i. Lot 1, Block 1 shows a future development,this development shall align with the proposed roadway connection from the development(Skyranch Subdivision)to the west. 2. Submit the following revisions for the Preliminary Plat included in Section VII, dated 4/7/25: a. Revise the plat map to depict the dry ditch on parcel#S 1131346650 and its associated easement or provide written documentation showing the dry ditch had been abandoned and is no longer in use by the affected property owners. b. Lots shall meet the dimensional requirements of the R-2 and R-4 zoning districts per UDC 11-2A-4 and UDC 11-2A-5. 3. The Landscape Plan included in Section VII, dated 4/7/25, shall be submitted for review and approval with the following revisions prior to final plat approval: a. Show the open vision fence location. b. Tree mitigation for the future development shall be addressed on the revised landscape plan submitted with the final plat application. 4. The applicant shall comply with the open space exhibit approved as part of this plat application that depicts 8%(R-2)and 12%(R-4)or 1.06-acres(0.74 acres required) of qualified open space and exceeds the required amenity points. The picnic area shall include tables,benches,landscaping, and a structure for shade. The outdoor fire ring shall meet fire safety standards, is located on a noncombustible surface and includes fixed seating. 5. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 6. The development shall comply with standards and installation for landscaping as set forth in UDC 11-313-5 and maintenance thereof as set forth in UDC 11-313-13. 7. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,including but not limited to driveways,easements,blocks, street buffers, and mailbox placement. 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 9. The private streets are approved subject to completion of the tasks listed in UDC 11-3F-3 within one year. Documentation of such shall be submitted to the Planning Division in order to receive final approval. 10. The private streets within the development shall be 26-feet wide and constructed in accord with the standards listed in UDC 11-31F-4B.2. 11. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-613-7. 12. The Applicant shall comply with all conditions of ACHD. City of Meridian I Department Report IV. City/Agency Comments& Conditions 13. Staff s failure to cite all relevant UDC requirements does not relieve the applicant from compliance. B. Meridian Public Works Site Specific Conditions of Approval 1. To meet to-and-through requirements make sure the main is 8"up to the property boundary and have a 6"hydrant lateral coming off of the main. Fire hydrant appears to be located on property to the north. The City will require a 20ft easement up to the fire hydrant(easement centered on the lateral). The City requests that the easement extends 10'past the hydrant but only 5'is required. This easement will need to come from the owner of the property. 2. Provide 20'Easements for mains,hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and 10'beyond it. Water and sewer running in parallel require 30ft easement. 3. Water mains need a casing when crossing irrigation that limits access to times of the year. Either provide casing or proof that the City will have access at all times. 4. Water mains are not to be installed along driveways. Instead, locate water meters in landscaping area and run services to houses. 5. Meters should be located close to the road. 6. Services cannot cross private property other than the property being served. 7. No permanent structures (trees,bushes,buildings, carports,trash receptacle walls,fences, infiltration trenches, light poles,etc.)to be built within the utility easement. 8. Ensure no sewer services pass through infiltration trenches. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, City of Meridian I Department Report IV. City/Agency Comments& Conditions the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used,or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. City of Meridian I Department Report IV. City/Agency Comments& Conditions 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.ora//public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Meridian Fire Department 1. Turnaround shall be in accordance with 2018 International Fire Code,Appendix D, and shall meet the minimum specifications of 96'exclusive of shoulders and curbs. D. Irrigation Districts 1. Nampa&Meridian Irrigation District https://weblink.meridiancity.org/WebLink/browse.aspx?id=379817&dbid=0&redo=Meridia nCi 2. Boise Project Board of Control https:llweblink.meridiancity.org/WebLink/browse.aspx?id=379817&dbid=0&repo=Meridia nCi E. Idaho Department of Environmental Quality(DEQ) https:llweblink.meridiancity.org/WebLink/Browse.aspx?id=379817&dbid=0&repo=MeridianCi U F. West Ada School District(WASD) or Other District/School https:llweblink.meridiancity.org/WebLink/Browse.aspx?id=379817&dbid=0&repo=MeridianCi a G. Ada County Highway District(ACHD) https:llweblink.meridiancity.org WWebLink/Browse.aspx?id=379817&dbid=0&repo=MeridianCi V City of Meridian I Department Report IV. City/Agency Comments& Conditions V. FINDINGS A. Annexation(UDC 11-5B-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds annexation of the subject site with an R-2 and R-4 zoning designation will be consistent with the Comprehensive Plan Low Density Residential FL UM designation if the Comprehensive Map amendment is approved and if the Applicant complies with the provisions in Section IV.As the designation will be in line with the large estate surrounding properties in the area. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed lot sizes and layout proposed will be consistent with the purpose statement of the residential districts if the Comprehensive Plan map amendment is approved and that housing opportunities will provide consistency with the Comprehensive Plan for that area. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the map amendment will not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed annexation shall not result in adverse impact of services. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section IV. B. Comprehensive Plan(UDC 11-513-71)) 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 amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. Council finds the proposed amendment to R-2 and R-4 is consistent with the zoning in that the proposed development will integrate with the existing land use to the north and south of the property that reside in Ada County and have existing large estate lots. 2. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to change the FL UM designation from Medium Density Residential to Low Density Residential will allow a transition in uses between existing Rural Urban Transition five(5) acre lots to half acre lots providing a larger estate lot than allowed within the medium density residential designation. City of Meridian I Department Report V. Findings 3. The proposed amendment is internally consistent with the goals, objectives and policies of the Comprehensive Plan. Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section III. 4. The proposed amendment is consistent with this Unified Development Code. Council finds that the proposed amendment is consistent with the Unified Development Code. 5. The amendment will be compatible with existing and planned surrounding land uses. Council finds the proposed amendment will be compatible with abutting existing residential uses in the near vicinity. 6. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are currently available to this site. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Council finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties. 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section V and the subject findings above, Council finds that the proposed amendment is in the best interest of the City. C. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section IV. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Sewer and water are available at the site. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's Capital Improvement Program. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. City of Meridian I Department Report V. Findings 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development is not detrimental to the public health, safety, and general welfare. 6. The development preserves significant natural, scenic or historic features. Council finds the development is preserving the irrigation ditch by keeping it open as a natural feature. D. Private Streets In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The Director finds that the proposed private street design meets the requirements. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity; and The Director finds that the proposed private street would not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity if all conditions of approval are met. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director finds the use and location of the private street does not conflict with the comprehensive plan or the regional transportation plan because the proposed design meets all requirements. 4. The proposed residential development(if applicable)is a mew or gated development. The Director finds the use and location of the private street does not conflict with the comprehensive plan or the regional transportation plan because the proposed design meets all requirements and is gated part of the development. VI. ACTION A. Staff: Staff recommend approval of the proposed amendment to the Future Land Use Map, annexation and preliminary plat per the provisions in Section IV in accord with the Findings in Section V. B. Commission: The Meridian Planning&Zoning Commission heard this item on April 17,2025. At the public hearing,the Commission moved to approve the subject annexation, Comprehensive Plan Man amendment and preliminary plat request. 1. Summary of the Commission public hearing: a. In favor: John Breckon,Breckon Land Design representing the property owner b. In opposition:None C. Commenting: Carsten White resides at 6162 Tarrega Lane and will continue to reside on one of the proposed lots as well as hopefully his other brothers. The family would like to keep the property lower density so they can all have space to roam and let their kids run around and have a good time and enjoy Meridian. d. Written testimony:None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None City of Meridian I Department Report VI. Action 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None C. City Council: The Meridian City Council heard these items on May 6,2025. At the public hearing.the Council moved to approve the subiect annexation, Comprehensive Plan Man Amendment and Preliminary Plat requests. l. Summary of the City Council public hearing a. In favor: John Breckon,representing the property owner: Brian White, Carsten White. and Dane White b. In opposition: None C. Commenting: Brian White,Carsten White. Dane White all in favor of the proiect d. Written testimony: None e. Staff presenting application: Linda Ritter 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. The council asked about water rights for the property owners who have rights to the dry ditch. The applicant stated in his presentation that all the users(even those still within Ada County)will be connected to irrigation services with the improvements of the proposed plat. 4. City Council change(s)to Commission recommendation. a. Approved the waiver request to leave the Watkins Ditch open and use it as an amenity for the proposed plat. City of Meridian I Department Report VI. Action ' 1 , . Z ct Location of Impac .......... LU -': Analysis f- � fy l w I i I r.i l Lkfm HAZEL I Legend ; Project f Location Analysis %'!Area of Impact 11� L1Je- ■r ���p ♦~� •••••,ii 11 0RUT 11 ` ■s 1 �� ounuu, hw4Mrann,I ENo.ff � ril nar•,I , �. ME E p nm ■rr Legend .- f 4 � 1 Project Location Q Low Density: Area of Impact Residentia . Analysis r ffiedlu s uiin� mnrii I �� r� 1\ 9 milli jig 111 ■� t■ Illnlllll I`�� Density 11111111�= �nnmm� =� _-Resi NINYN _ 'ann � i1NIB �+1 . — • .. _ LAKE HAZEL 1$r,► ,Med-High Density I�i,rgp� Residential -1 a 1. . . Legend LocationProject c Area of Impact fY�nnln IuuR1 � i:n City Limits W nun morn = I��nr• '�='r "7 _ _8411_',-1 1�'- ww ww =[Ellllitllll `•a,lt - � .�v, Planned Parcels ___ o :: nnnnnm - �►j �� 1 . Analysis =cliu�luuiul ul� __unuunw=_.� �j 111111' 1 Illlr� 1 til�til�l�l Irinn�f •. ,,,, Inllr� =_d' �ppgll 111':111l IIII _ IIIII�liil-�ll'wnlnui ,�. „�� n HIllh� -- 1}■ .It.,IL.ILA...6..11..11..�- =__ lli 11�� _ on•�� -=IIIIIIIIIIIIIuI IIIIIIIIIII 111 "'�l ■ __=lllllllllllllllll� iIIIIIIIIIII _ 1.111=_ -IIIIIIIIIIRIIII I-IIIIIIIII'II 11= �+�� rl�zir��:9-11111.--�mtunlul u _ ��mrr ql IIIIII.1�11�___�J _111`11111 1 J -�-=111111111111� �- I 11� 1 LAKE HAZEL - - Ilnlllllln'Illilllilllll=i.-_ Il�llllllljlllllll ill ol.y pin• - ��m ra+� 4 y���IIII =IDnl 111[I is BE 11111111=i=_ ��= --- i1�==m 7111`IIIII�l�l�lllln Illllu"1 �Ir 5. Map Notes Recent Area Preliminary Plats(within last 5-years): H-2021-0020,H-2022-0036,H-2023- 0041 Recent Area Conditional Use Permits (within last 5-years): H-2020-0009, H-2020-0057, H-2020-0117,H-2021-0021,H-2021-0036,H-2021-0087, H-2020-0056, H-2019-0097 H-2022-0036,H-2022-0050,H-2023-0041,H-2024-0014,H-2024-0041 B. Subject Site Photos w., - M t City of Meridian Department Report VII. Exhibits 1, ,V City of Meridian Department Report VII. Exhibits 'i r� r l City of Meridian Department Report VII. Exhibits City of Meridian Department Report VII. Exhibits i a' t . A. �a 1 r City of Meridian Department Report VII. Exhibits r _ n • #4'$ r{ Yp 11llll!! _ Y i �� ��-r ems+ ---"vol, a��t �. �.� !���� �� � �„ .t %Y'�$s�`as�'�' ^g. J� ` s� ��1•' ""�� 't� �' i�''rlb> •f' y � 3 �, "S ,d ��t. f.� f tvsr y�e_r Asa I f � I 1 7I 17.1 �ha��:;1Yri: � 7r� ` :�!dr"• .,� ����Yr:f�: �� � '+�'': Y t y�, ���2i `Y4 Ej '' •—•1 fir- ��i, `,i��e� � — � ��-- `-`�� �' s+ �'+�� LEE �_ II .� rff e fj .Y ye„xa e ZAut � t ' r , ryyi �14 4 mz maw mm$ �c. u w t>l•r e I •.. �M �� fir.-.'.. � i MeridianDepartment 10 �r-dPkL jr- 14 } v �.—+�l'�,1� �� '. � -''.}• ti.yam,�; � _z ,� '� �a • 1 R '�4•�54�L'}' i V - �fir"�• ..z rtx• ' '-� - +� �`•'' 'fir r' tiJ. , .# t .w City of MeridianDepartment Re 11Exhibits i . � 7 ry 7 ti - DepartmentCity of Meridian po C. Service Accessibility Report PARCEL S1131346650 SERVICE ACCESSIBILITY Overall Score: 1 �2nd Percentile Description Location Within 112 mile of City Limits YELLOW Extension Sewer Trunkshed mains 500-2,400 ft.from parcel YELLMV Floodplain Either not within the 140 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time 5-9 min. YELLOIV Emergency Services Police Meets response time goals some of the time YELLMki Pathways Within 1/4 mile of future pathways YELLOW Transit Not within 1/4 of current or future transit route Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets YELLOW plan) > existing (* of lanes) & road IS in 5 yr work plan School Walking Proximity From 112 to 1 mile walking YELLOIV School Drivability Not within 2 miles driving of existing or future school 1PRED Either a Regional Park within 1 mile OR a Community Park Walkability Park within 1/2 mile OR a Neighborhood Park within GREEN 1/4 mile walking City of Meridian I Department Report VII. Exhibits A Preliminary Plat(date: 4/7/2025) m 5LOGC I m m - --- O FE v L —f 1 , m = I I I I I m r-----K- . er- I Sn m� Szz�o og� r------, ---- -, I `'w _ T i m ' ' 5LOGK2 II FD "�Cn li I e li i 1 �� �'�� NimmAn ASmz'" �pm I I I I I I I I II ' i o-YY°Ua��cex ----� L_ YI p C1 pF � Jm NC� I -- — -- J pEy Nf fin' T?v3�m0 p O m m awoxorNEADOM wAr — r N _ O 62 Z li i li i ' i i---------- �i D I II � . bll ,O slll ;0 I° vimmm I r9 ----------a'— '1 I I I 0 V�y1 ZJ ----- - -- ----i �------- r rn i I BLOGIC3 A-n C ffl 2 ' i nm9 FE9 b eO r1 s - Ul Fn &� l s i 10 III a oQ, �s Crn ] O _ `� • I W I y O Z 6yASl I II M Ili ii Z 1 m 24 gv! I ! I m 1 I I ++ I c I I - ----- -- a aaauarr AVe OWLAr7—QY MONDT MEADOWS SUBDIVISION #: S�x�R 6162 S TARREGA LANE a MERIDIAN, ID 83642 -I 1E"!H=[EKM=A PRELIMINARY PLAT EUIMINARY PLAT City of Meridian I Department Report VII. Exhibits E. Landscape Plan(date: 4/7/2025) I O ' m " ®. «� --- --i r--- --r r----i-, tr I - ' I _ D i ou _ 1 y 1 , M w,Av rr # 1 g$ t g} .i-...- �. RR r----,—r r-------z.r----'�i--�-- —` y � � ■k: 1�° BI�}$S1 i$ 8�6�F${ qF II II I — I g $ F X --------------87— � L__----J L______] Ir-----------� r--------i—� gg ggva � V I m ll I 33 y 8g _ --- - - I I�gi_pImil I Jill- i r-----� gaa¢ 1 g/ s EH--g9 ���� � ����1�� ---- --- . e FRO ooeuwe gill lips a@a@ y� 8 pp 79 Jill IAA 1Q ' 111 I I I I I I ' I I II I I I f I I f a a I I A I �I i >E yy YY yy 14 lip ------` ---- L--`-------- 1—�' i� z a auru�rnr Arae�pnuNri o g qa $ga 3 _ m F4 FF P'I F F4AA� §4 9E m �s a 8§ Z rn MONDT MEADOWS SUBDIVISION ' 6162 S.TARREGA LANE " a g MERIDIAN,ID 83142 EL11MINARY PLAT OVERALL LANDSCAPE PLAN City of Meridian I Department Report VII. Exhibits F. Qualified Open Space Exhibit(date: 4/7/2025) CITY OF MERIDIAN SINGLE FAMILY (R-2 AND R-4) OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE R-O,axc:FER SFAS PPoGY-met RFaMR-rO ]_ ,-m SP 0-now[.42Ac} $r05F ID0 AGJ fMALIFIEO OPEN SPA60 (.M5 AG7 ✓& 15% f-+12%OFEM 5F►C.E 12ZN F& MUEM MMUSP 05s Aw fmwRHp IA142 5F 5F fT42 A0 (p R-lpp PPRf SPA[A) f"2"A" IAA LANDSCAPE LEGEND 4U JFWV OPEN 5PWE P. a mr AREA- ARCA- 1:489 SA.F-. 4 9-6 54.fT. AREA.5,34630.FT. — AREA-29,TA7 30.FT. tr r------ - -E CALATION DRIVE s s MONDT MEADOWS SUBDIVISION PR4JEGT#:2A454 S. TARREGA OPEN SPACELANEEXHI�B MERIDIAN E 1. City of Meridian Department Report VII. Exhibits G. Open Space Amenities Exhibit(date: 4/7/2025) r1PERGOLA AMENITY /n1FIRE PR AMENTY /i-1TABLE AMENITY y Z CALLOUT LEGEND — � � a �W �ZN 7 CO w a X qI� 0Q¢ Q~c Z tAMENRY AREA ENLARGEMENT n6ENCH AMENITY " T Exii -r - nPERGOLA AAAENITY AFIRE PIT AMENITY STABLE AMENITY r1 0 i BENGH AMENITY City of Meridian Department Report VII. Exhibits H. Building Elevations (date: 12/13/2024) 7.4 �r r �A City of Meridian Department Report VII. Exhibits f qPh } City of Meridian I Department Report VII. Exhibits City of Meridian Department Report VII. Exhibits ■WAvow-.lor"w- f f City of Meridian Department Report VII. Exhibits I. Annexation Legal Description &Exhibit Map .,ACCURATE *-I, r re SURVSwING & MAPPING r f r A V I LE Jab No_23-257 Exterior Boundary Description A parcel of land being a portion of the Southeast Quarter of the Southwest Quarter of Section 31,Township 3 North,Range 1 East of the Boise Meridian,Meridian,Idaho,being more particularly described as fellows: BEGINNING at the found 2 inch aluminum cap on a 5/8 Inch iron pin stamped PL5 11463 at the Center-South Sixteenth Corner of Section 31,T.3 N.,R.1 E.,from which the found 5/8 inch iron pin with plastic cap labeled PLS 12459 at the Quarter Corner common to Sections 31&6 bears 500'15'S44 W a distance of 1341.76 feet; Thence along the east boundary line of the said Southeast Quarter of the Southwest quarter of Section 315 W 15'S4"W for a distance of 391.80 feet to a found 5f 81'inch iron pin with a 2 inch aluminum cap stamped PL5 11463; Thence 5 00"15'54"W a distance of 391.80 feet to a found 5je inch iron pin with a 2 Inch aluminum cap stamped PLS 11463; Thence 133.61 feet along curve to the right,said curve having a radius of 523.50feet,a central angle of 14'87' 23"and a long chord bearing N 82°25'25"W a distance of 133.25 feet to a fund 5/8"inch iron pfn with a 2 inch aluminurn cap stamped PL5 11463; Thence N 75'06'43"W fora distance of 94.39 feetto a found 5/801 inch iron pin with a 2 inch aluminum cap stamped PL5 11463; Thence 122.R4 feet along a curve to the left,said curve having a radius of 476.50 Feet,a central angle of 14'43' 21"and a long chord bearing N 82'28'24"W a distance of 122.10 feet to a found 5/9"inch iron pin with a 2 inch aluminum cap stamped PL511463; Thence continuing N 89'So'D4"W fora distance of 308,87 feet to a found 5f811 inch iron pin with a 7 inch aluminum cap stamped PL5 11463; Thence N 89'49'59"W for a distance of 653,49 feet to a found 1/2 inch iron pin with a plastic cap labeled PLS 11463; Thence N 00'06'14"W for a distance of 334.40 feet to a found stone monument with a chiseled"x"; Thence S 89'5V 3r E fora distance of 1309.14 feet to a found 5/8"'inch iron pin with a 2 inch aluminum cap stamped PILS 11463,said corner being the Center-South 1/16th Corner the POINT OF RIEGINNING; Said parcel contains 10.278 acres,more-or less. Q � 11463 1520 W.Washington St.,Boise,ID 83702 •Phone:208-488-4227 • � www.acc❑rate5urveyors-corn City of Meridian I Department Report VII. Exhibits EXHIBIT MAP A PORTION OF LAND LWNC WITHIN THE SE 114 OF- THE SW 114 OF SEC77ON X. T31d.. R.1E., B.M. ADA COUNTY—STATE OF IDAHO Q415ELE0 X" IN S7ONE S 89'51 33"E 1309.14' SCALE: 1"-200' 11167N a 10.278-+AC, ' . n 3 z v, a• �N m� N89 49 59 W 653.49 3p8.$7 m M LEGEND m BOUNDARY LINE N 7,5 p1'43" C2 ' °SECTION LINE 94.39 ` PARCEL LIME q m FOUND 2"ALUA41NLW CAP [n 4 IN ASPHALT ■ FOUWTH P AS77 IRON PIN, 3631 N 89 4_2_74" W__2494.4C_' 1 E_ 31 ]14 CORNER N47H PLA571C CAP, AS NOTED __�_ T.3 N. I> FOUND 5/8"IRON PIN H7F11 1 6 SECTION CORNER E [A}f(E HAZEL RD. T•2N. R.1.E B. 6 2"ALUMINUM CAP, PLS 11463 R.1 W.I R.i E. FOUND 112"IRON PIN, WTH PLAS77C CAP, PLS 4725 O SET 518"IRON PIN W7H 2"ALUMNUM CAP, PLS 11463 P.O.B. POINT OF BEGINNINC S' ATE CURVE TABLE ACW V ' SURVEYINO & NAPP1#0 1146 3 53 1520 W.Washington SL CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH i 122.44' O*L r Idabo 8370 2 3 . 0' .1 9 (203)488.4227C2 5235 14'37'23' N 62-25'25" W 133.25' OF Accurat r"PF,54 um N J. DRY DATE DEC 7024 "24-ZM City of Meridian I Department Report VII. Exhibits J. R-2 Rezone Exhibit(date: 3/18/2025) 4�i� racy .,ACCURATE � �o 5JRVEYfRG & MAPPING t 8 F R V;T. Job No-24-244 Description for Re-Zoning A parcel of land being a portion of the Southeast Quarter of the Southwest Quarter of Section 31,Township 3 North,Range 1 East of the Boise Meridian,City of Meridian,Idaho,being more particularly described as follows-. BEGINNING at the found 2 Inch aluminum cap on a 5/8 inch iron pin stamped PL5 11463 at the Center-South Sixteenth Corner of Section 31,T_3 N„R.1 E.,from which the found 5/8 inch iron pin with plastic cap labeled PLS 12459 at the Quarter Corner common to Sections 31&5 bears S 00'15'54"W a distance of 1341.76 feet; Thence S 89'51'33"E for a distance of 62.50 feet to a point on the centerline of S,Sublimity Ave.as shown in the proposed plat of Apex Northwest Subdivision#4,Page 2,Block 14; Thence 5 00'15'54"W along the centerline of said 5.Sublimity Ave.for a distance of 391.80 feet; Thence N 89'51'33"W for a distance of 62.50feet to a found 5/8 inch iron pin with a 2 inch aluminum cap stamped PL5 11463; Thence 133.61 feet along a curve W the right,said curve having a radius of 523.50 feet,a central angle of 14`37' 23"and a long chord bearing N 82'25'25"W a distance of 133.25 feet to a found 5/81'inch iron pm with a 2 Inch aluminum cap stamped PLS 11463; Thence N 75'D5'43"W for a distance of 94.39 feet to a found 5/8"Inch iron pin with a 2 inch aluminum cap stamped PLS 11463; Thence 122.44 feet along a curve to the left,said curve having a radius of 476.50 feet,a central angle of 14'43' 21"and a long chord bearing N 92'28'24"W a distance of 122.10 feet to a found 5/81h inch iron pin with a 2 inch aluminum cap stamped PLS 11463; Thence continuing N 89'50'04"W for a distance of 308.87 feet to a-Found 5/81h inch iron pin with a plastic cap labeled PLS 4725; Thence N 85'49'59"W for a distance of 346.90 feet to a set 5{3tn inch iron pin with a 2 inch aluminum cap stamped PLS 11463; Thence N GO'10'01"E fora distance of 334.54 feet to a set 5/8t'inch iron pin with a 2 inch aluminum cap stamped PL511463-1 Thence S 89'51'33"E fora distance of 1000.97 feet to a found 5/8m inch iron pin with a 2 inch aluminum cap stamped PLS 11453,said corner being the Center-South 1/16th Cornerthe PQINTOF BEGINNING: 5ald parcel contains 8.480 acres,more or less. 11463 1520 VV.Washington St..Boise,ID 83702-Phone:208-488-4227 www.accu mtesurveyors.corn City of Meridian I Department Report V11. Exhibits EXHIBIT MAP A PARCEL DE LAND L7]NO W P41N WE SE 114 OF THE SW 114 QF SECTION 31, T.31V., R.I E. B.M. ADA COUNTY—STATE OF IDAHO C—s SCALE: 7"=200' S 69'51 33" E 1063.47' I/16TH P.O.D- LEGEND w T000.97' r I L 1 L. BOUNDARY LINE °_ 3 ?lfK 'a o ----- SECTION LINE + z 3 I ' k2> 7.9I8fAC. ■ �c o z " PARCEL LINE IF SPHAL T ALUMINUM CAP O • P70UNO 5/8'IRON PIN. 010 PLASAC CAP, AS NOTED 348.9 , 0 IV ¢ 1 e F1W10 5/8"IRON PIN H1TH N 89 48'59" W 308.87 m y 1 4 w 2'ALUMINUM CAP, PLS 71463 0 • F041NO 112"IRON PIN, 64TN C2 C2 PLASTIC CAP. PLS 4725 N 75 O6'43' { 0 sEr 5/8"IRON PIN WN 94.39' f �I 2"ALUMINUM CAP, PLS 11463 1 0! P.D.B. PLWT OF OEQ'VNING 1 0 CALCULATED POINT 36 7 ____N 89 42 24" W__2490.40_ T.3NR.1_E_ L T I14 CORNER T 1 B SfC11ON CORNER E. LAKE HAZEL RD. iT.ZN. R.1.E s-S.M. R !a• 6 LINE TABLE R.1 W.1 _I E. LJNE BEARING p15TANCE LLy- L1 5 BT51 33 E 62.50' �^ ACCURATE L2 N 89'S3'39" W S2.S0 "v tl 1 1 4C3 2 a9R520W.W i �fnSP CURVE TABLE 1520 W.Washim�lpn 5r_ IND 114F.25� Base,Idaho 8M2 CURVE ARC LENGTH RADIUS DELTA ANOLE CHORD BEARING CHOfiD LENGTH (208)488-427 CF lDT wu^n•.accuratesurveyors¢xn C7 122-44 478-50 14'43'21" N W2824 W f22.10' '1q NJ.n��G C2 133.61' 523.50' 14'37'23 N 82'2525'W 133.25' LAM DEC;2424 JO,724-244 City of Meridian I Department Report VII. Exhibits K. R-4 Rezone Exhibit(date: 3/18/2025) ACCURATE � y � SURVEYING $ MAPPING y 'Pt 0 c Job No.23-257 Description for Ike-Zane A parcel of land being a portion of the Southeast Quarterof the Southwest Quarter of 5ection 31,Township 3 North,Range 1 East of the Boise Meridian,Meridian,Idaho,being more particularly described as foilows; Commencing at the found 2 inch aluminum cap on a 5/8 inch iron pin stamped PLS 11463 at the Center-South Sixteenth Corner of Section 31,T_3 N-,R.1 E.,from which the found 5/8 inch iron pin with plastic cap labeled PLS 12459 at the Quarter Corner common to Sections 31&6 bears 5 00'15'54"W a distance of 1341-76 feet; thence N 89.51'33"W a distance of 1000.97 feet to a set 5/8"inch iron pin with a 2 inch aluminum cap stamped PL5 11463 and the POINT OF BEGINNING; Thence 5 00'10'01"W for a distance of 334.54 feet to a set 5/8tn inch iron pin with a 2 inch aluminum cap stamped PLS 11463; Thence N 89'49'59"W for a distance of 3D5-59 feet to a found 1/2 inch Iron pin with a plastic cap labeled PLS 11463; Thence N 00'W 14"W for a distance of 334.40 feet to a found stone monument with a chiseled"X"; Thence S 89'51'33"E for a distance of 308.17 feet to a set 518"inch iron pin with a 2 inch aluminum cap stamped PL5 11461,the POINT OF BEGINNING; Said parcel contains 2.350 acres or 102,809 square feet,more or less. R J¢ 11463 1 1520 W.Washington St., Boise,IQ 83702•Phone:208-488-4227 www-accuratesurveyors.com City of Meridian Department Report V11. Exhibits EXHIBIT MAP A POR710N OF LAND LYING IWTHfN THE SE i/4 OF 7N£ SW 114 OF SEC 770N Jr. T,3Y.. R.1E., B AI. ADA COUNTY—STATE OF IDAHO CHISELED X' 1N sTON£ S H9�1:33" F 1309.14' 30817' P.C.S. 1000.07' c-s SCALE: V'=200' S B951'33" E 3 i/167H It a n g o 2.360,EAC. 306.59" tl. ¢ H w IV 69 4959" W ❑a r u o❑ G7 a R 4 SECTION CORNER 1 f4 CORNEli 36 1 N 89 4_2_24" W_ 2490._40__L.,,jN, p,} 114 cc. 31 LEGEND 6 T E. CAKE HAZEL RD. r.zN. R 1.E B.M. s BOUNDARY LINE -- SECRON LJNE PARCEL LINE FOUND 2'ALUA41NUW CAP IN A5PHALT ■ FOUND 5/8"IRON PIN, WM PLASTIC CAP, AS MOVED FOUND MNU i1463 IRON PIN N114 ACLU'yam TH 2"ALUMINUM CAP, PLS • FOUND 14'IRON PIN, w7H SURVEYING & YAPPING PLAS77C CAP, PLS 4725 11463 s•:r•z5 O SET 518"IRON PIN ami5B.F..dah.83-2 , 2'ALUMINUM CAP, PL5 I7463 91F'OF �Op wwwaa0stesurveyon.00m . 488-4227 D.B. POW'CF BEGINNING ��AN J❑��G DATE,DrC MM J0824-244 City of Meridian I Department Report VII. Exhibits L. CPAM Exhibit(date: 3/18/2O25) Fay t Adopted FUNFe Laud Uses Legend x ___ _ _ ______ ___ Fuiurc Land Uses --- - ------- CI1ywJt,- - Lnw prrr.Ily Rl:.5i FItinI rhndlUm Dtmsilyf2cnidcnlitil frrd-H di DunylyRasidcrrriA - Hiph Density Residenlicil — Commercial LdlfE•HAfiFL�- — -- - Ofrioe - IncludAw Live` Proposed Future Land Uses - C3al rows mlxea Ux�-N ht:.rt sand ® Mixed Us,-- Mixed Us-Regional — Mimad Use Nor-R%ide iid r Mixed Use-Interchange Ter Mile Spsci!ic - Low DonsiFy Employ:on`- ' Lifestyle Cerier — __ . -___High Density Employment # MiweG Employment E mixed Ue-•kf.siden[bl +-- - ------- -' ® Mlxr U Usp C.mmrxadcd SAKE HAIEL City of Meridian I Department Report VII. Exhibits VIII. ADDITIONAL NOTES &DETAILS FOR STAFF REPORT MAPS,TABLES,AND CHARTS (link to Community Metrics) A. One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based data excludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0(i.e. excludes most HOA area, transitional development, government, and quasi government facilities). The following values also constrain included property acreage to reduce outliers and non-conforming instances from distorting averages: R-2<5.0; R-4<2.0; R-8< 1.0;R-15 <0.5; R-40<0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones,may be constructed. Decennial population counts and household counts are based on the most recent Decennial Census. Current population and current household values are COMPASS estimates,usually for the year previous, and are based on traffic analysis zone boundaries(TAZ's). B. Mixed Use Analysis Notes This data is derived from enterprise application and GIS databases, and exported dynamically. Data considered for analysis are only those areas overlapping the overall Mixed Use boundary area. Mixed Use areas across arterial roadways are distinct, separate, and not considered as they do not meet the mixed use principles in the Comprehensive Plan(e.g.pedestrian safety, transportation efficiency, etc.). Mixed Use parcel areas may be greater or smaller than the future land use area designation boundary due parcel size, configuration,right-of-way, and other factors. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. C. Service Assessment Notes This data represents existing conditions derived from our enterprise application and GIS database, exported through dynamic reporting. The system references the most recent available data from various sources, including sewer main lines, sewer trunksheds, floodplain, fire service areas and response times,police crime reporting,pathway information, existing and planned transit,roadway improvements, school and park proximity, and other resources. The tool provides context for project review,using multiple indicators consistently. Data from similar topics may vary based on different levels of review. The overall score is based on weighted criteria(not a ranked order), and the percentile score compares the parcel to others in the city(higher is better). This tool was developed as a City Council priority and outcome of the 2019 Comprehensive Plan. Scores,whether high or low, are just one data point and should not be the sole basis for decisions. D. ACHD Roadway Infographic Notes The Ada County Highway District utilizes a number of planning and analysis tools to understand existing and future roadway conditions. • Existing Level of service(LOS).LOS indicator is a common metric to consider a driver's experience with a letter ranking from A to F.Letter A represents free flow City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps,Tables,and Charts conditions, and on the other end Level F represents forced flow with stop and go conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow,to be acceptable. The LOS does not represent conditions for bikes or pedestrians, nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. • Integrated Five Year Work Plan(IFYWP).The IFYWP marker(yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. • Capital Improvement Plan(CIP).The CIP marker(yes/no)indicates whether the specified roadway is programmed for improvement in the next 20-years. City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps,Tables,and Charts W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Pollard North H-2024-0037) Between City of Meridian and SCS Investments LLC for Property Generally Located Approximately a Quarter Mile North of W. Chinden Blvd. at the North End of N. Levi Ave. and on the North Side of W. Waverton Dr. Ada County Recorder Trent Tripple 2025-029554 Boise,Idaho Pgs=62 vbailey 05/14/2025 08:07:35 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SCS Investments LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into thisl 3th day of May , 2025, 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 SCS Investments LLC, whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616, hereinafter called "OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho and further described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may,by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the 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 and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit "A" from an existing Development Agreement recorded in Ada County as Instrument#2019-060655, and for the inclusion of the Property into this new Agreement, 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 duly noticed public hearings before 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 development agreement modification held before the City Council includes responses of government DEVELOPMENT AGREEMENT—POLLARD NORTH H-2024-0037 Page 1 of 7 subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 22nd of April, 2025, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B;" and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement(Instrument 42019-060655) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring that 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 designations are 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 SCS Investments LLC, whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument#2019-060655, with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT-POLLARD NORTH H-2024-0037 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 as permitted, conditional and/or accessory uses 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 the subject property shall be generally consistent with the conceptual development plan/preliminary plat, phasing plan, landscape plan, open space and site amenity exhibit, and conceptual building elevations included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the conditions contained herein and the standards in the UDC. b. The subject property shall be subdivided prior to submittal of any building permit applications for the development. c. The developer shall construct 10-foot-wide detached sidewalks along W. Waverton Dr. on the section east of N. Levi Ave. to the west side of N. Frosted Oak Ave., as proposed. d. Administrative design review shall be required for all single-family attached structures in accord with the residential design standards in the Architectural Standards Manual. Single-family detached structures are exempt from these standards. 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's 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 actions must be prosecuted with diligence and completed within one DEVELOPMENT AGREEMENT-POLLARD NORTH H-2024-0037 Page 3 of 7 hundred eighty (180) days; provided,however, that in the case of any such default 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 § 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 the 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 party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance 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. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 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 agrees to provide, if required by the City. DEVELOPMENT AGREEMENT-POLLARD NORTH H-2024-0037 Page 4 of 7 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if 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 agrees 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 Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: SCS Investments LLC 3240 W. Bavaria Street Eagle, Idaho 83616 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 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 Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 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. DEVELOPMENT AGREEMENT-POLLARD NORTH H-2024-0037 Page 5 of 7 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. 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. 21. 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. 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 the 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-POLLARD NORTH H-2024-0037 Page 6 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as heremabove provided. OWNER/DEVELOPER: SCS Invesstments LLC By: MIL-c ha t,4 im.11 Its: pr s State of Idaho } ss: County of Ada } On this day of ,2025,before me,the undersigned, Notary Public in and for said State,personally appeared known or identified to me to be the I-S of SCS Investments LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and ear in this certificate first above written. t Notary Public My Commission Expires: - r) SHARI VAUGHAN COMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO [My COMMISSION EXPIRES 06/01/2030 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 5-13-2025 Chris Johnson, City Clerk 5-13-2025 State of Idaho } ss County of Ada } On this13 day of 2025,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of 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. Notary Public for Idaho 3-2 -202 My Commission Expires: DEVELOPMENT AGREEMENT-POLLARD NORTH H-2024-0037 Page 7 of 7 EXHIBIT A lam E N G I N E E R I N G January 28,2024 Project No.24-031 Exhibit A Legal Description for Rezone to R-15 Pollard North Subdivision No.1 A parcel of land situated in a portion of the South 1/2 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 21,Township 4 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at an aluminum cap marking the South 1/4 corner of said Section 21 which bears S89°27'17"E a distance of 2,609.39 feet from an aluminum cap marking the Southwest corner of said Section 21,thence following the westerly line of the Southwest 1/4 of the Southeast 1/4(easterly line of the Southeast 1/4 of the Southwest 1/4)of said Section 21, N00°32'12"E a distance of 970.80 feet to the centerline of W.Waverton Dr. and being the POINT OF BEGINNING. Thence leaving said westerly line and following said centerline, N89°27'06"W a distance of 1,328.87 feet to the centerline of N. Pollard Lane; Thence leaving said centerline of W.Waverton Dr.and following the centerline of N. Pollard Lane, N00'34'56"E a distance of 253.00 feet; Thence leaving said centerline,S89°27'06"E a distance of 1,318.81 feet; Thence 19.49 feet along the arc of a curve to the right,said curve having a radius of 10,021.00 feet,a delta angle of 00°06'41",a chord bearing of 589'23'46"E and a chord distance of 19.49 feet; Thence S89°20'25"E a distance of 1,141.61 feet; Thence 51.91 feet along the arc of a curve to the right,said curve having a radius of 31.83 feet,a delta angle of 93'08'16",a chord bearing of S42°41'57"E and a chord distance of 46.38 feet; Thence 500*27'11"W a distance of 197.57 feet; Thence 100.47 feet along the arc of a curve to the right,said curve having a radius of 128.50 feet,a delta angle of 44°47'58",a chord bearing of S22°51'10"W and a chord distance of 97.93 feet; Thence S45°15'09"W a distance of 66.08 feet to said centerline of W.Waverton Dr.; Thence following said centerline the following five(5)courses: 1. 27.30 feet along the arc of a curve to the right,said curve having a radius of 270.00 feet,a delta angle of 05'47'35",a chord bearing of N42°20'29"W and a chord distance of 27.29 feet to a 5/8-inch rebar; 2. 235.07 feet along the arc of a curve to the left,said curve having a radius of 270.00 feet,a delta angle of 49°53'02",a chord bearing of N64°23'12"W and a chord distance of 227.72 feet to a 5/8-inch rebar; 3. N89*19'43"W a distance of 781.84 feet to a 5/8-inch rebar; 4. Thence 21.48 feet along the arc of a curve to the left,said curve having a radius of 10,000.00 feet,a delta angle of 00°07'23",a chord bearing of N89°23'25"W and a chord distance of 21.48 feet to a 5/8- inch rebar; 5. N89°27'06"W a distance of 71.48 feet to the POINT OF BEGINNING. ����� 5 �s Said parcel contains 14.901 acres,more or less. ZS o a w 12459 0 Attached hereto is Exhibit B and by this reference is hereby made a part of. `'' 1.2'V;7 k OF 1yAq� N L. BA1, 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com 0 ' I � o Unpla�tted W. Old School Ln. _ 0 Z3 T C1 � U S89'27'06"E 1318.81' I r-I � � o V) Q Iz Rezone Area: 14.901± AC. 'N J Portion of SO421438475 + O Current Zoning: R-8 -0 .� aJ -0 c Proposed Zoning: R-15 I c = r3 W. Waverton Dr. -- POINT OF BEGINNING I 71.48'I N O Ln \ 1328.87' I w O N89'27'06"W 1400.35' _ f w i 2 }' {- r C6 I w CO z 4 U w O 0 r- J i x 0 N ro + I W 4J rH o Pollard Z Subdivision No. 1 0 I — Zit a Z o C H rn Q O 2 w > I tV v 0 r J U 3 0 200 400 600 �� Z I Q cn z 01 Plan Scale: 1" = 200' Z DATE: January 2025 0 PROJECT: 24-031 Z SHEET: 0 N 1 OF 2 m 0 0 20 21 _ — — _ _ _ _ _ _ 21� 29 28 S89'27'17"E 2609.39' 28 BASIS OF BEARING POINT OF COMMENCEMENT FOUND ALUMINUM CAP W. Chinden Blvd. FOUND ALUMINUM CAP N ENGINEERING SW CORNER SECTION 21 S 1/4 CORNER SECTION 21 5725 NORTH DISCOVERY WAY mq BOISE,IDAHO 83713 i PHONE(208)639-6939 kmengllp.com i 0 c � I UnplatLed LU I Ln +, o � S89'20'25"E 1141.61' - c1 U I Rezone Area: 14.901±AC. Ln O 0 Portion of SO42143847S ' Current Zoning: R-8 :j Ln � �_ Proposed Zoning: R-15 -0 ._ 71.48' C � n1 W. Waverton Dr. o Ln • N \ y_ w IrC6- N89'19'43"W 781.84' , +,CS U i I 2 ' O Ln `= V N I G y m 4- `U W II C4 • •+'+ - N G 00 Pollard w n r+ Subdivision No. 1 4 N 0 K 0 N LINE TABLE CURVE TABLE 0 N w Q +; U 3 I LINE BEARING DISTANCE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD Q Cn L1 N00'34'56"E 253.00' C1 10021.00' 19.49' 0'06'41" S89'23'46"E 19.49' DATE: January2025 ° L2 S00'27'11"W 197.57' C2 31.93' 51.91' 93*08'16" S42'41'57"E 46.38' PROJECT: 29-031. W L3 S45-15'09"W 66.08' C3 128.50' 100.47' 4447'58" S22'51'10"W 97.93' SHEET: 2OF2 C4 270.00' 27.30' 5'47'35" N42'20'29"W 27.29' N - C5 270,00' 235.07' 49'53'02" N64'23'12"W 227.72' m 'o C6 10000.00' 21.48' 0.07'23" N89'23'25"W 21.48' 0 200 400 600 ENGINEERING 5725 NORTH DISCOVERY WAY m BOISE,IDAHO 83713 a Plan Scale: 1" = 200' PHONE(208)639.6939 kmengllp.com a r 1318.81 1141.61 o s89°27'06"e s89°20'25"e c M 7 - � M - N p O_ - n89°27'06"w tart n89°19'43"w It 1328.87 781.84 or G Title: Date: 01-28-2025 Scale: 1 inch = 350 feet File: Deed Plottendes Tract 1: 14.901 Acres: 649067 Sq Feet:Closure=s70.5021e 0.01 Feet: Precision=1/720930: Perimeter=5615 Feet 001=n89.2706w 1328.87 006:RL R=31.83.Delta=93.0816 011:U R=270.00.Del a9.5302 s4 Dnt= _4157e,Chd=46.38 Dn n64._312w,Chd=2_7.7_ 002=n00.3456e 253.00 007=s00.2711w 197.57 012=n89.1943w 781.84 003=s89.2706e 1318.81 008:Rt,R=128.50,Delta=44.4758 013:Lt.R=10000.00,Delta=00.0723 Dnt-s22.5110w,Chd=97.93 Dng-n89.2325w•,Chd-21.48 a�g-s89.2346e,C.0a_D9149 00.0641 009=s45.1509w 66.08 0 1 4=n89.2706w 71.48 005=s89.2025e 1141.61 010:Rt,R=270.00,Dclta=05.4735 [ing=n42.2029w,Chd=27.29 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(Inst.#2019- 060655)for a New Agreement for the Residential Portion of the Development with an Updated Development Plan; Rezone of 14.90 Acres of Land from the R-8 to the R-15 Zoning District; and a Preliminary Plat for 157 Building Lots and 32 Common Lots on 19.76-Acres of Land in the R-8 and R-15 Zoning Districts for Pollard North Subdivision,by Brighton Corporation. Case No(s).H-2024-0037 For the City Council Hearing Dates of. April 8,2025 (Findings on April 22,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 8, 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 8,2025,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 8,2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 8,2025, 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 POLLARD NORTH-MDA PP RZ H-2024-0037 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 8, 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 a modification to the development agreement,rezone and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of April 8,2025,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary 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 11-6B-7B). 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- 6B-7C). 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR POLLARD NORTH-MDA PP RZ H-2024-0037 -2- 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(l)(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 §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of April 8, 2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR POLLARD NORTH-MDA PP RZ H-2024-0037 -3- By action of the City Council at its regular meeting held on the 22nd day of April 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE 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) Luke Cavener, Council President 4-22-2025 ..ti TZ lA ht'Cf.:. c,iroi / C IDR Ip,N SFAI. C ris Johnson -2025 A`T°f, .rat s��`J, City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:_ Dated: 4-22-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR POLLARD NORTH-MDA PP RZ H-2024-0037 -4- COMMUNITY DEVELOPMENT -- DEPARTMENT REPORT HEARING 4/8/2025 Legend DATE: [-I Project Location TO: Mayor&City Council :::Area of Impact �= City Limits FROM: Sonya Allen,Associate Planner Q Analysis -- 208-884-5533 •. sallen*meridiancity.org r� APPLICANT: Brighton Corporation T r SUBJECT: H-2024-0037 L - r Pollard North—MDA, PP,RZ LOCATION: Generally located approximately 1/4 mile north of W. Chinden Blvd. at the north end of N. Levi Ave. on the north side of - W. Waverton Dr., in the south 1/2 of �� Ata Section 21, TAN., R.l W. (Parcel #SO421438475). The Planning&Zoning Commission heard this project on December 5`h and issued a recommendation of denial to City Council on the original development plan based on their opinion the proposed rezone would create too much density for the area& the transition to lower density development to the north is not enough. Following the Commission hearing, the Applicant submitted revised plans to address some of the concerns raised by neighboring residents and the Commission. The revised plans include a reduction of 20 building lots (an 11.3% decrease) resulting in a decrease in density from 8.06 to 7.95 units per acre; an increase in the width of the lots along the northern boundary between Pollard Ln. & Schwenkfelder Ave.from a minimum of 50 feet to 60 feet; and replacement ofsome internal single-family attached/paired units with detached units and open space resulting in an increase of 3.4%in qualified open space, and additional pedestrian pathways (see original vs. revised layout below in Section VII.J). The project is also now proposed to develop in two (2)phases rather than one (1). City Council heard this project on January 14, 2025. Due to substantial changes to the plat and zoning request from the original submittal on which the Commission recommended denial, Council remanded the project back to the Commission for review and an updated recommendation to City Council. The staff report has been updated to reflect these changes and the project has also been re-noticed for the new public hearing. The Commission heard the project again on March 6, 2025 and recommended approval to City Council. I. PROJECT OVERVIEW A. Summary The Applicant requests a modification to the existing development agreement(Inst. #2019-060655) for a new agreement f'or the residential portion of the development with an updated development plan; rezone of 21.95 14.90-acres of land from the R-8 to the TR R-15 zoning district; and a preliminary plat for 4,-q 157 building lots and 26 29 32 common lots on 19.76-acres of land in the TN R-8 and R- 15 zoning districts. City of Meridian I Department Report B. Issues/Waivers �egeest-€or-�eunc-il-a�re�tal-e�e�e�ed-kilec-#-€sees-l�tertd-tl3e-min}x�rrle�t�-sfartde�-�n-t�te�- #-distriet-el✓�AA°withet�t�+-irtterseetirte-street-er-alley-and-n�ta�59°with--��edes�a�-cetien-€e� the€aee-of�lec-1�� 4a male V� la #ec-1� -a d a e err wh}elral� tee€yet 624-4a 47-5-€eet-+w k-* Rer-bPE44-,6C—W--Ge� -apptw+e-a-blee#-€ae'-No- 20W-fN-kwf If-wher-e-bleek-des ire -is ee�rsH°aaie�-b�-eife-es�itie�ts-was-etn-aba#tr�-aw-�e�ia�et�ee�-e�-�ri� 3+-�-�itea'eeees�et�ee� aeks"- Hrrefees�eae abir a Bretee �rateirti e s�ee�ee�ee-�ea�-a-��te-e��r-ire-e�tec-e�ie�t-€ate -er-Bark-,-�-��e-�te��-a-ec ��r�e t�i�atiet�-�a�e�rt�—�re�re-e�1��e�re�isE-�reErs-e- St�€€Eeents:A-waiver- the-T�F-#standards-�sn-'�-oeEessa}�-t€-�e�isiens-are-�r�ade-te-the-�la�te eer�l�fi:e--a-�ec�est�ian-ce�teoHen-eeolt��added-�r�lac-lE-�t�the-ah}tttix-�-€fie-�-span s�aee-area-te-the-�e�t�r-i-rt-z4ldeo�id� �at�street-ce�e�ions-eeold 13e�e�ided-th��r�lec-�s 2�5• - None C. Recommendation Staff. Approval with the provisions included below in Section IV. Commission(12/5/24): Denial due to the following reasons: the proposed rezone would create too much density for the area; and the transition to lower density development to the north is not enough. Council(1/14/25): Due to substantial changes to the plat and zoning request from the original submittal, Council remanded the project back to the Commission for review and an updated recommendation. Commission(3/7/25): Approval D. Decision Council: Approved II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant/undeveloped land - Proposed Land Use(s) Single-family residential detached&attached dwellings - Existing Zoning R-8(Medium-density Residential) VILA.2 Proposed Zoning TAR R-15(TF*444 gal weed Medium High- Density Residential)-(14.90-acres).A portion ofthe existinz R-8 zone will remain (7.05-acres). Existing Future Land Use Map Medium Density Residential(MDR) VII.A.3 Designation Table 2: Process Facts Description Details Preapplication Meeting date 7/15/2024 PREAPP-2024-0061 Neighborhood Meeting 7/22/2024 Table 3: Community Metrics A encv /Element Description/Issue Reference Ada County Highway District • Comments Received Yes • Commission Action Required No • Access N.Levi Ln.,a collector street,and N.Black Cat Rd., an arterial street,via W. Chinden Blvd. City of Meridian I Department Report • Traffic Level of Service NA(ACHD doesn't set LOS thresholds for local streets) Traffic Impact Study(Y/N) No ITD Comments Received Yes(no significant impact to the state highway system) Meridian Fire No comments received Meridian Police No comments received Meridian Public Works Wastewater Distance to Mainline: Sewer is available at site; Impacts or Concerns: see site specific conditions Meridian Public Works Water Distance to Mainline: Water provided by Veolia; Impacts or Concerns:None See City/Agency Comments and Conditions Section for all department/agency and the public record for comments received on this application. Figure 1: One-Mile Radius Existing Condition Metrics 2.00 1,500 Single-family Residential a 1.50 1,000 5 3 Parcel Diversity 1.00 $ DParcel Count L! 0.50 ® 500 L *Average Acres J 0.00 —*-0:00 0:00 0:00—AW0:00• 0 °�- R-2 R-4 R-8 R-15 Average Single-family Density by Zoning Average a 10.00 O 9.28 Residential Net Density L 5.00 O 5.58 O3 78 4.76 0.00 — Dwelling Units / Acre R-2 R-4 R-8 R-15 III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview Development Agreement Modification: The Applicant requests a modification to the existing development agreement(Inst. #2019-060655) for a new agreement f'or the proposed development with an updated development plan. This property will no longer be subject to the existing DA. A legal description and exhibit map for the property to be included in the new DA is included below in Section VII.C. The current approved development plan for this area,shown below, consists of 74 building lots f'or conventional single-family residential homes,independent living units for 55 and older, and an 88-bed assisted living facility. City of Meridian ' Department Report 01 waveRon y — AN �► •� o7777, 6 The updated development plan(i.e.preliminary plat), shown below, is for 4-7q.157 building lots and-26 29.32 common lots for the development of(4-7 42) front-loaded"conventional" single-family detached dwellings and alley-loaded"carriage lane" (39 45)single-family detached and(92 20) attached"duet" dwellings. Conceptual building elevations for these dwellings are included below in Section VII.I. Larger lots are proposed along the north and east sides of the development as a transition to adjacent lots of a similar width for compatibility. O O O O v Ov O O v0 =P @O LO © Omcx� s OV u m OO m0 oQ ©n O O �Om O © U C C7 © O ' CCr O= O50©O©OORO�° O©00000 00®000Q0 (9 9 Rezone: A rezone of 2 i.95 14.90-acres of land from the R-8 to the TIFF-R R-15 zoning district is proposed as shown in the legal description and associated exhibit in Section VII.D below. The rezone of a portion of the property to TIFF-R R-15 allows more lots to develop on the property as there is no minimum let-size of street frontage requirement in the Tl�R-15 district and a lesser building setback is allowed as opposed to that in the R-8 district.Note:If the rezone is not approved, the plat will need to be revised, and the number ofbuddable lots will be significantly reduced to comply with the minimum dimensional standards of the R-8 district. The rezone area is designated Medium Density Residential(MDR)on the Future Lane Use Map (FLUM)included in the Comprehensive Plan. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. T w-T14R- istr-iet fec ti es-a- irriinet densit),e€-6 dwelling omits per-aefe— The proposed use and development plan with a gross density of&06 7;95 units per acre and net density of 14.23 13.33 units per acre is consistent with the MDR FLUM designation aad-the-T1 R-district. Preliminary Plat: A preliminary plat consisting of 4-7q 157 building lots and 26 29 32 common lots on 19.76-acres of land is proposed in the TN R-8 and R-15 zoning districts. The plat is proposed to develop in One two(+2) final plat phases,with the eastern portion developing first,per the phasing plan included in Section VIIC. City of Meridian i Department Report The minimum lot size proposed in the R-8 district is 4,350 square feet(s.f.)with an averagre lot size of 4,805 s.£; the minimum lot size in the R-15 district is 2,238 s.f. with an average lot size of 3;06-2 3,2." 2,801 s.f. The proposed development is consistent with Comprehensive Plan Goal#3.07.01 A which states, "Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices." Table 4: Project Overview Description Details History H-2019-0021 (Pollard Subdivision AZ, PP-DA Inst.#2019-060655); TED-2021-0003 (2-year time extension on preliminary plat);TECC-2023- 0001 (1-year time extension on preliminary plat) Phasing Plan 4-2 phases Physical Features There are no waterways or other physical features of importance on this site;the property is relatively flat. Acreage 19.76-acres Lots 4-77 157 single-family residential building lots and 2_6 24 32 common lots B. History The subject property is part of a larger area annexed in 2019 and included in a development agreement and preliminary plat for Pollard Subdivision. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There are no existing structures on this site. 2. Proposed Use Analysis (UDC 11-2): Single-family residential detached and attached dwellings are principally permitted uses in the TIN- R R-8 and R-15 zoning districts,per UDC Table 44-244 11-2A-2. 3. Dimensional Standards (UDC 11-2): See UDC Tables -14-21)4 11-2A-6 and 11-2A-7 for standards applicable in all-tr-aditieftal eeiglber-heed the R-8 and R-15 zoning-districts, af4UPE Ie-44 2-D--6€eFtl+e-dimeesieeal standa ds e€tl�e T# Herring dirt ic-t. D. Design Standards Analysis 1. Existing structure and Site Design Standards (Comp Plan, UDC 11-3A-19): There are no existing structures on this site. The proposed single-family attached dwellings are required to comply with the residential design standards listed in the Architectural Standards Manual. Single-family detached dwellings are exempt from these standards. 2. Qualified Open Space&Amenities (Comp Plan, UDC I1-4-3-27): Compliance with the open space and site amenity standards listed in UDC 11-3G-3 and 11-3G-4 is required. A minimum of 15%(or 2.96-acres)qualified open space is required to be provided with development that meets the quality standards listed in UDC 11-3G-3A.2 and the standards for qualified open space listed in UDC 11-3G-3B. City of Meridian i Department Report The Applicant proposes a total of 3-54 4-.N 3.94-acres (or 1q.86 2i.26 19.94% qualified open space consisting of several open grassy areas exceeding 5,000 square feet in area; linear open space; the street buffer along the eastern portion of W. Waverton Dr., a collector street; and parkways along local residential streets as shown on the open space exhibit in Section VII L When counting street buffers along collector streets,the buffers are required to comply with the enhanced buffer requirements in UDC 11-3G-3B.3. Parkways along local residential streets are required to meet the standards listed in UDC 11-3G-3B.4 when counted toward open space. If any stormwater detention facilities are proposed,they're required to comply with the standards in UDC 11-3G-3B.5 when counted toward open space. Amenities totaling a minimum of four(4)points are required to be provided based on the area of the development(i.e. 19.76-acres). Site amenities totaling 4.5 points(pts.) are proposed from the Qualify of Life and Recreation Activity categories as shown on the exhibit in Section VII.I as follows: • Quality of Life: a small dog park(3,900 below 5,000 s.f.)with a waste station (1.5 pts.); and a picnic shelter area on a site 5,000 s.f. or greater in size(2 pts.). Dog parks are required to have bags for dog waste disposal, a double entrance gate, bench(es) and fencing to enclose a minimum of 5,000 s.f. and secured open space for an off-leash dog park as set forth in UDC 11-3G-4C.9 in order to count as 2 amenity pts.(a waste station is an additional 0.5 V.).The Applicant proposes a lesser size dop- park with a waste station at 1.5 pts.Because the minimum amenity points are met, Staff does not recommend the doe park is enlarged to meet the minimum standard. The dog park also counts toward the required common open space. The picnic area is required to include tables,benches,landscaping and a structure for shade,as set forth in UDC 11-3G-4C.5. • Recreation Activity Area: a tot lot(1 pt.) Per UDC 11-3G-4D.3,the tot lot is required to have commercial grade play equipment scaled and designed for the use and safety of younger children; benches for seating shall be provided nearby. i. The proposed common open space and site amenities meet and exceed UDC standards for such. ii. Landscaping is required to be provided in common open space areas in accord with the standards listed in UDC 11-3G-5B and maintained in accord with the standards listed in UDC 11-3G-5C. The proposed development is consistent with Comprehensive Plan Policy#2.02.00,which states, Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. 3. Landscaping (Comp Plan, UDC 11-3B): Attractive landscaping and pedestrian friendly design is required within new developments in accord with Comprehensive Plan Policy#5.01.02G. Landscaping is required to be provided within the development in accord with the standards listed in UDC 11-3B. i. Landscape buffers along streets A 20-foot wide street buffer is required along W. Waverton Dr. designated as a collector street, east of N. Levi Ave., landscaped per the standards listed in UDC 11-3B-7C. The buffer is required to be planted with a variety of trees, shrubs, lawn, or other vegetative groundcover. Lawn and other grasses requiring regular mowing shall comprise no more than sixty-five City of Meridian i Department Report (65)percent of the vegetated coverage of a landscape buffer. This maximum area excludes landscaped parkway with trees.All other vegetated coverage shall be mulched and treated as planting area for shrubs or other vegetative cover.Areas along required walls and closed vision fences should generally be reserved for planting beds with a minimum of one(1) shrub per seven (7) lineal feet of frontage, as demonstrated in Figure 1. The buffer shall also comply with the enhanced buffer requirements listed in UDC 11-3G- 311.3 because it was counted toward open space requirements. All street buffers are required to be in a common lot or on a permanent dedicated buffer easement,maintained by the property owner, homeowner's association or business owner's association per UDC 11-3B-7C.2a and should be depicted on the plat. ii. Storm integration Stormwater integration is required in accord with the standards listed in UDC 11-3B-I1 C. A Geotechnical Engineering Report was submitted with this application and is included in the project file. iii. Pathway landscaping Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. 4. Parking(UDC 11-3C): Off-street parking is required to be provided for each dwelling based on the number of bedrooms per unit in accord with the standards for single-family detached and attached dwellings in UDC Table 11-3C-6. 5. Building Elevations(Comp Plan,Architectural Standards Manual): Several conceptual building elevations were submitted for 2-story detached and attached single- family residential homes,included in Section VII.I below. A variety of materials are proposed including vertical and horizontal lap siding,board and batten siding, stucco and fenestration with masonry accents in a variety of colors and design elements/features with varying roof profiles and wall modulation that demonstrate the high quality of development proposed. All single-family attached structures are subject to the residential design standards in the Architectural Standards Manual(ASM).Although single-family detached structures are typically exempt from these standards,compliance can be required by the Commission and Council as part of a development agreement. A few of the conceptual elevations for single-family detached homes lack the variety of materials and colors desired in the ASM; however, they do appear to meet the alterative standards which include the provision of design elements such as corbels, front porches, facade and roof modulation, stone and brick accents,wood columns,lintels,balconies, awnings,etc. Therefore, Staff finds them acceptable. Staff is of the opinion the proposed conceptual building elevations are in accord with Comprehensive Plan Policy#5.01.02L: "Support beautiful and high-quality development that reinforces neighborhood character and sustainability. 6. Fencing(UDC 11-3A-6, 11-3A-7): All/any fencing proposed on the site should comply with the standards listed in UDC 11-3A-7. The landscape plan depicts 5-foot tall open vision metal fencing and 6-foot tall closed vision stained cedar fencing on the shared property line of some building and common lots. The developer is responsible for constructing fences abutting all pathways and common open space lots to distinguish common from private areas. Fencing should be depicted on a revised City of Meridian i Department Report landscape plan along with a detail of the fencing type proposed; or, alternative compliance may be requested to the standard. 7. Parkways (UDC 11-3A-17): All parkways should comply with the standards for such listed in UDC_11-3A-17. Parkways are proposed along all streets within the subdivision,except for along N. Pollard Ln.,with landscaping that complies with the standards listed in UDC 11-3B-7C, as required. Parkways along local residential streets shall comply with the standards listed in UDC 11-3G-3B.4 when counted toward open space requirements as proposed. E. Transportation Analysis A Traffic Impact Study(TIS)was not submitted for this development as ACHD did not require one. Capital Improvements Plan (CIP)/Integrated Five Year Work Plan(IFYWP): • Black Cat Road is listed in the CIP to be widened to 5-lanes from McMillan Road to US 20/26 between 2036 and 2040. • The intersection of US 20/26 and Black Cat Road is listed in the CIP to be widened to 5-lanes on the north leg, 5-lanes on the south, 7-lanes east, and 7-lanes on the west leg, and signalized between 2036 and 2040. Condition of Area Roadways(Traffic Count is based on Vehicles per Hour(VPH): Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Pollard Lane 315-feet Local Industrial N/A N/A Waverton Drive 2,667-feet Local 27 N/A ACHD does not set level of service thresholds for local streets. Collector streets are required to be constructed with development in accord with ACHD's Master Street Map(MSM)and/or as required by ACHD. The section of W. Waverton Dr.between N. Levi Ave. and the east boundary of the site is designated as a collector street. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): 1. Access is proposed from W. Chinden Blvd. from the south via N. Levi Ave., a collector street, and from the east via W. Waverton Dr. from N. Black Cat Rd., an arterial street. The Applicant plans to install a traffic sinnal at the Levi Ave./Chinden Blvd. intersection; while the timing is dependent on ITD, it's anticipated it will be completed prior to any residential occupancy in this development. This should minimize trips through Fairbourne subdivision to the east to access the traffic signal Black Cat/Chinden. Two(2)stub streets are proposed to the north for future extension and interconnectivity with adjacent future development. The western stub street(N. Woodhead Ave.) is in alignment with that approved in Alden Ridge Subdivision to the north. Local and collector street connectivity is proposed within the development in accord with Comprehensive Plan Policy#6.01.02B, "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/back-age roads, and promoting local and collector street connectivity." City of Meridian i Department Report 2. Multiuse Pathways (UDC 11-3A-5): Multi-use pathways are required to be provided with development in accord with the Pathways Master Plan. There are no pathways depicted on the Plan on this property; therefore,none are required. 3. Pathways (Comp Plan, UDC 11-3A-8): All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. Pathways are depicted on the landscape plan throughout common areas for pedestrian connectivity within the development and to adjacent existing and future developments. A pathway stub exists to this property at the east boundary,which is being extended with development. The pathways along the east and west sides of Lot 4-5 14•Block 5 abut the residential property lines and don't have the required 5-feet of landscaping on both sides of the pathway as set forth in UDC 11-3B-12C.The landscape plan should be revised to comply with these standards; or,a request for alternative compliance may be submitted to this standard as set forth in UDC 11-5B-5. 4. Sidewalks (UDC 11-3A-17): All sidewalks should be constructed in accord with the standards listed in UDC 11-3A-17. Five-foot wide detached sidewalks are proposed along the section of W. Waverton Dr. west of N. Levi Ave.,designated as a local street, and along the eastern section of Waverton that lies east of N, �i1er 14ihe N. Frosted Oak Ave.to align with the existing 5-foot wide detached sidewalk to the east. The section of Waverton between Levi and gilvff-Rir-eh N. Frosted Oak Ave., designated as a collector street, is proposed to have 10-foot wide detached sidewalks. 5. Subdivision Regulations (UDC 11-6): Compliance with the subdivision design and improvements standards listed in UDC 11-6C-3 is required. Alleys: Alleys are required to comply with the standards in UDC 11-6C-3B.5. The proposed 20- foot wide alleys appear to comply with these standards. Wayfinding address signage should be provided at the public street for homes accessed via allevs that don't have frontage on a public street(i.e. Lots 9-13 and 15-19, Block 5). Common driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. One (1)common driveway is proposed on Lot-1 5 6 Block 3 for access to Lots-1-3_14 and 14 15. A common driveway exhibit is included in Section VII.F that demonstrates compliance with the standards listed in UDC 11-6C-3D. Perpetual ingress/egress shall be required either by a recorded easement or as a note on a recorded final plat. The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Solid fencing adjacent to common driveways is prohibited, unless separated by a minimum five-foot wide landscaped buffer planted with shrubs,lawn or other vegetative groundcover—if fencing is proposed along the south side of Lot 4-.16,Block 3, a 5-foot wide buffer should be provided. Block face: In tr-ad4iee4eelghbeF4ee4 residential districts, no block face-Aet"have*1effgth greater shall be more than 5,00 750-feet in length without an intersecting street or alley, except as allowed in UDC 11-6C-3F.3. Where a pedestrian connection is provided,then the maximum block face may be extended up to 7-50 1,000-feet in length in the-T 4-R residential districts. The pedestrian connection shall provide access from within the subdivision to one(1)or more of the following: a qualified open space as defined in UDC 11-3G-3.B, a street, or a common open space area or public meeting area within an abutting development. T4e-Qt)-Gewiei1 e}ay-appreve-&bleep €ae, ef340+409-€eet-ie-leegt-h mere th k!E)e!E design is-senstr-ained whieh inelude,among other things, an abtAting urban prejeet with no adjoining alley or-street conneetions City of Meridian I Department Report suEk as theease- i t#is-d�- T. The proposed block faces meet the required standards as they are either below 750-feet in length or have a pedestrian connection and are less than 1,000-feet in length. �€ee�e€�lee�����a�5-a��aleng��la��ee��-a�� erterr Br-al�r-a�ge €e �29-te -5-€ee ix le gtlr, a eeding-dw maxifnofflleegth-startder-d.REWIES1-3-alengdte *Or-tl undary t-ieelude��edestrian ee eee ie a-ae eeti gst eet l it so ld�e revise4te-ire-eee;as-awl-ieal�e-{i:e:e-�edest�ia�rse�eetie�rEeel4-lie-�re�ic�ed-i}r�lesl��-� i`nterseetir�streets-esel4��revide4-i-�r�Ieel�s-�3}-�leel��4b��ee��c-l-ud�-� -l�leel� �edest�ia�reennee-�e�t: T e-ApPlieant has-Vr-evided-wfi-tte*juetiFneatiE)n;asrrequ-ire €er-the-bleek-€aees 4.e-B1eeps--2-,3,4 and--5}that-e�Eeeed q59-€eet in-lengt}-Tke-reasons-stated ere es€allows tl3e a iginel fella Subd-ivisien-te die streets{-ise-N--Wee&ead &4si.-,Soh,.�'��er Ave:},which gretained wit-h-the prepesed s�tl34ivisien;doe to tl�e sl3ape e€t1arEe1 ark eistirtg47frEFVVuT-ceee41erthe area; tl3e pre ee i s designe4 witl3 Meeks tl3at a ee4 tl3e ma ims standard; street lengd+-ate 4oea4ien-are-restriete4 l�-the-agreed Ave;whieh-will-serve ath �areels to tl3e t�e#l�{i e.-�O4��344�A� $042142910} er future development-a &wig abl�,eerfneet-te-W-.4 igh4-an4fell-1�4+-air-eu e l states-z4s itigatien€er tl�e Fenger bleek€aees-,the-Appl_ieaet prep -pedestrian-€rien4ly-ems,ineledingl Bets-(rioted in Yellow), de sigeate4-pe4estria l-eeEesses-(with disteneesrreted-+4r9laek-) ee-th-e€allawing4iagrami 0 Ob Yb 40'.._. . 0 J 0 WAVER a � o + rc 3 J a WAVERTON F. Services Analysis See Service Accessibility Report in Section VII.B below. 1. Waterways (Comp Plan, UDC 11-3A-6): All waterways, except natural waterways, are required to be piped unless used as a water amenity or linear open space, in which case they may be left open as set forth in UDC 11-3A-6. There are no waterways within the boundary of this property. 2. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. City of Meridian i Department Report 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in accord with the adopted standards, specifications and ordinances; design and construction shall follow Best Management Practice as adopted by the City per UDC 11-3A-18. 4. Utilities (Comp Plan, UDC 11-3A-21): All utilities for the proposed development are required to be installed in accord with the standards listed in UDC 11-3A-21. Water service is provided by Veolia; sewer service is available at the site. Main lines are required to be extended to and through the subject property with development. The developer should coordinate main size and routing with the Public Works Dept. and execute standard forms of easements for any mains that are required to provide service. 5. Topography This property slopes down from the east to the west as shown on Sheet PP 1.1 of the plat. 6. Hazards Staff is unaware of any hazards that exist on this site. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A new Development Agreement(DA)shall be required as a provision of the MDA and RZ applications. The previous DA [i.e. Pollard Subdivision- Inst. #2019-060655)] shall no longer be in effect for the subject property. Prior to approval of the rezone ordinance, a new DA shall be entered into between the City of Meridian,the property owner at the time of rezone ordinance adoption, and the developer. A final plat application shall not be submitted until the rezone is finalized.The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the date of City Council approval of the Findings of Fact, Conclusions of Law and Decision& Order for the Rezone and MDA request. The new DA shall incorporate the following provisions: i. Future development of the subject property shall be generally consistent with the conceptual development plan/preliminary plat,phasingplan, landscape plan,open space and site amenity exhibit and conceptual building elevations included below in Section VII, the conditions contained herein and the standards in the Unified Development Code(UDC). ii. The subject property shall be subdivided prior to submittal of any building permit applications for the development. in. The developer shall construct 10-foot wide detached sidewalks along W. Waverton Dr. on the section east of N. Levi Ave. to the west side of N—.,Si1 �ep h N. Frosted Oak Ave., as proposed. iv. Administrative design review shall be required for all single-family attached structures in accord with the residential design standards in the Architectural Standards Manual. Single- family detached structures are exempt from these standards. 2. The final plat shall include the following revisions: i. Depict a 20-foot wide street buffer along W. Waverton Dr. designated as a collector street, east of N. Levi Ave., in a common lot or on a permanent dedicated buffer easement, maintained by the property owner,homeowner's association per UDC 11-3B-7C.2a. City of Meridian I Department Report ii. Re gove434oc Es-�, and 5 ate§ale gW-flat#ee1E -a -Wa erte -te se�l��itlrtl�e�ilesk-€�e-atartda�l��tsted�r�F1�-��--6E-�€e�tl}a-�}-��ist�ie�;�rless other-wise-waived b�-4C-ity-C-eumsi4--TkL-,4pplieuitt requests-0ty-Eexmeil f ee stands sfa enfie"gf Meeks. 3. The landscape plan shall include the following revisions: i. Depict a 20-foot wide street buffer along W. Waverton Dr. designated as a collector street, east of N. Levi Ave., with landscaping per the standards listed in UDC 11-313-7C. Include additional landscaping with calculations that demonstrate compliance with the required standards. The buffer shall also comply with the enhanced buffer requirements listed in UDC 11-3G-3B.3 and because it was counted toward open space requirements. The buffer shall also comply with the enhanced buffer requirements listed in UDC 11-3G-3B.3 because it was counted toward open space requirements. ii. Depict fencing abutting pathways and common open space lots to distinguish common from private areas as set forth in UDC 11-3A-7A.7;or, submit a request for alternative compliance to this standard. iii. Depict a minimum 5-foot wide landscape strip along both sides of the pathways located along the east and west sides of Lot 43 14, Block 5 with landscaping in accord with the standards listed in UDC 11-313-12C;or,submit a request for alternative compliance to this standard as set forth in UDC 11-5B-5. iv. If solid fencing is proposed along the south side of Lot 43 16, Block 3, a 5-foot wide buffer should be provided planted with shrubs, lawn or other vegetative groundcover as set forth in UDC 11-6C-3D.5. The plat should be adjusted accordingly. 4. The common driveway shall be constructed in accord with the standards listed in UDC 11-6C-3D and per the common driveway exhibit in Section VILE 5. Perpetual ingress/egress shall be required for the common driveway either by a recorded easement or as a note on a recorded final plat as set forth in UDC 11-6C-3D. The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 6. Submit a detail of the dog park that demonstrates compliance with the standards listed in UDC I I- 3G-4C.9,which require bags for dog waste disposal, a double entrance gate,bench(es), and fencing to enclose the area and secured open space for an off-leash dog park. 7. Submit a detail of the tot lot that demonstrates compliance with the standards listed in UDC 11-3G- 4D.3,which require commercial grade play equipment scaled and designed for the use and safety of younger children with benches for seating nearby. 8. Submit a detail of the picnic area that demonstrates compliance with the standards listed in UDC 11-3G-4C.5, which require the area to include tables,benches,landscaping and a structure for shade. 9. Off-street parking is required to be provided for all single-family residential units in accord with the standards for such listed in UDC Table 11-3C-6. 10. All waterways, except natural waterways, intersecting,crossing or lying within the area being development are required to be piped unless used as a water amenity or linear open space, in which case they may be left open as set forth in UDC 11-3A-6. If left open, fencing may be required in accord with the standards listed in UDC 11-3A-6C. City of Meridian i Department Report 11. Wayfinding address siQnage shall be provided at the public street for homes accessed via alleys that don't have frontage on a public street(i.e. Lots 9-13 and 15-19, Block 5). Other Agency comments may be accessed in the project file in the public record. Copy and paste the following link into your browser: https://weblink.meridiancity.or2/WebLink/Browse.aspx?id=358315&dbid=D&repo=MeridianCity V. FINDINGS A. 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; The City Council finds the proposed map amendment and development plan complies with provisions of the Comprehensive Plan pertaining to transition in density and compatibility with adjacent uses. 2. The map amendment complies with the regulations outlined for the proposed district,specifically the purpose statement; The City Council finds the proposed amendment to the R-8 and R-15 districts is consistent with the purpose statement of the residential districts in that a range of housing opportunities are proposed 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 will not be materially detrimental to the public health and safety. 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 the proposed map amendment should not result in an adverse impact upon the delivery ofservices by any political subdivision providing public services; however, because student enrollment at area schools will increase with this development, services by the school district may be impacted by the proposed map amendment. 5. The annexation (as applicable) is in the best interest of city. This finding is not applicable as the proposed request is for a rezone, not annexation. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; The City Council finds the proposed plat is in conformance with the Comprehensive Plan and is consistent with the UDC. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services are available to the site and will be adequate to accommodate the proposed development. City of Meridian I Department Report 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds there are no scheduled public improvements that affect development of this site. 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 MDA, RZ and PP requests with the provisions included above in Section IV. Council should consider and take action on the waiver requested by the Applicant pertaining to block face. B. Commission: The Meridian Planning&Zoning Commission heard these items on December 5,2024. At the public hearing,the Commission moved to recommend denial of the subiect RZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Eli Benski and Jon Wardle, Brighton Corporation b. In opposition: David Hitz,Jacob Jensen, David Durrough,Scott Willoughby,Kyle Engler, Jade Enzler, Lea Taylor,Chase Taylor c. Commenting: None d. Written testimony: Eli Benski, Brighton Corporation(in agreement with staff report conditions) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Concern pertaining to higher traffic volumes and resulting safety concerns for area children due to the proposed increase in the number of homes planned for this area. b. Proposed development seems inconsistent with what was planned for this area(i.e. lower density residential). c. Opinion that proposed density is too high and doesn't provide an adequate transition and site design that is compatible with existing and future development to the north.The proposed TN-R zoning allows a higher density due to lesser setback requirements than the existing R-8 district. Concern that the proposed open space isn't adequate for the density and lot sizes proposed,resulting in residents using the common areas in adiacent developments. d. Opinion that it would be unfair to adiacent residents to change the development plan for this area from what was previously approved and anticipated for this area to a much higher density development. e. Not in favor of the changes to the development plan as the previous plan,which included an assisted living facility,was much less dense and would result in much less traffic in the area. City of Meridian I Department Report f. Concern that the higher volume of traffic generated from the proposed development will be pushed through the adjacent development to the east(i.e. Fairbourne Sub.) for access to the signal at Black Cat Rd. 3. Key issue(s)of discussion by Commission: a. Not in favor of the proposed zoning& development plan, opinion the density is too high and not appropriate for this area and will adversely affect area neighbors;preference for the existing development plan and density; inadequate transition to existing and future residential properties; waiver to block face standards wouldn't be needed if existing zoning is retained; and the higher density will create more traffic impacts on area roadways, more impacts on area schools and create more demand for services. b. Preference for the R-8 zoning to be retained with revisions to the development plan to replace the assisted livingfacility acility with single-family residential building lots similar in size to those approved with the previous plat. c. No issue with TN-R zoning if the development plan reflects compliance with associated development provisions (i.e. block face length). d. In favor of the variety of housing types proposed with smaller lots sizes,which may provide opportunities for people to be able to afford a starter home. e. In favor of keeping the same general proposed plan but reducing the number of units, which would address a lot of the concerns noted by providing a better transition to the north,compliance with block face standards and the provision of additional open space& site amenities, including pedestrian accesses,for the development. 4. Commission change(s)to Staff recommendation: a. Denial—the proposed rezone creates too much density for the area&the transition to lower density development to the north is not enough. 5. Outstanding issue(s) for City Council: A. Request for Council approval of extended block faces beyond the maximum length standard in the TN-R district of 500' without an intersecting street or alley and up to 750' with a pedestrian connection,for the face of Blocks 1,2, 3,4 and 5 along W. Flat Rock St. and W. Waverton Dr.,which all range from 620-to 875-feet in length. Per UDC 11-6C-3F. Council may approve a block face up to 1.200'in length where block design is constrained by site conditions such as an abutting arterial street or highway, a limited access street, railroad tracks, steep slopes in excess of 10%, an abutting urban proiect with no adioining alley or street connections, a public or private education facility or park, a large waterway and/or a large irrigation facility—none of which exist in this case. A waiver to the standards isn't necessary if revisions are made to the plan to comply, as follows: a pedestrian connection could be added in Block 1 to the abutting future common open space area to the north in Alden Ridge Sub.;and street connections could be provided through Blocks 2-5. C. City Council: The Meridian City Council heard these items on January 7 and 14,2025. At the 12ublic hearing on January 14,2025,the Council moved to remand the subject RZ and PP reguests back to the Commission for review of the revised 121ans and for an undated recommendation. 1. Summary of the City Council public hearings a. In favor: Jon Wardle,Brighton Corp. (Applicant) b. In opposition: Aaron Tomosky.Benjamin Grayson,Karen Ernest.Kyle Enzler,Jacob Jensen, David Hitz,David Woodard,Elizabeth Blencoe,Chase Taylor.Leah Taylor. Zeppelin Hitz c. Commenting: None d. Written testimony: Eli Benski,Brighton Corp.(Applicant) City of Meridian i Department Report ;:s Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony; a� Against the proposed rezone to TN-R as he feels it's inappropriate for the area as it will increase the density in this area and may result in a rental community like to the one to the east—preference for R-8 zoning to be retained;concern the proposed rezone will result increased traffic and congestion in the area,which is already backed up at times from the high volume of traffic from the adjacent church&rental community. b. Against the proposed rezone & development plan,which will increase the number of SFR dwelling units by 83 additional homes—request for R-8 zoning to be retained; opinion the proposed development will burden community&resources and have a negative impact on home values, C. Opposed to the zone change from R-8 to TN-R. d. Concern pertaining to the stress this development will put on the school system and the community in Fairbourne Subdivision. e. Proposed development isn't consistent density-wise with existing development proposed development will negatively impact adjacent neighborhoods and congestion in the Fairbourne development to the east. f. A berm with landscaping and a privacy fence on top was proposed along the northern boundary of the subdivision with the previous application as a buffer to residential development to the north that is not proposed with this application;safety of children walking to bus stop and traffic generated from the proposed development. g, Against traffic,congestion,noise,air guality_generated from the proposed development. 3. Key issue(s)of discussion by City Council; a. None 4. City Council change(s)to Commission recommendation- a. Due to substantial changes to the plat and zoning reguest, Council remanded the project back to the Commission for review of the updated plat and zoning change. D. The Meridian Planning&Zoning Commission heard these items on March 61h. At the public hearing,the Commission moved to recommend approval of the subiect RZ and PP requests. 1. Summary of Commission public hearing a. In favor: Jon Wardle, Brighton Corp. (Applicant) b. In opposition:Jake Jensen; Ken Fenwick;Kyle Enzler;David Hitz;Chase Taylor; Lea Taylor c. Commenting None d. Written testimony: Eli Benski,Brighton Corp.; Aaron Kwan e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Against the degree of increase in the number of homes between the existing approved plan and proposed plan; traffic and parking concerns due to the increased number of residents between the existing and proposed plan;concern residents will use Fairbourne's common areas for recreation. b. Opinion home values will decrease in this area if the proposed development is approved; L. ,012inion that the proposed density doesn't match the area. 3. Key issue(s)of discussion by Commission: a. .The Commission was generally in favor of the proposed changes to the development plan and reduction in the number of building lots. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: City of Meridian I Department Report a. None E. The Meridian City Council heard these items on April 8,2025. At the public hearing. the Council moved to approve the subject MDA,RZ and PP requests. 1. Summary of the City Council public hearing; a. In favor: Jon Wardle, Brighton Corm. (Applicant) b. In opposition: Lea Taylor. Kyle Enzler, Jake Jensen,David Hitz,Karen Ernest ps Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f Other Staff commenting on application: None 2. Key issue(s)of public testimony,: a. Concern pertaining to overcrowding of area schools,against proposed density,which is a significant increase from what was previously approved and too much for this area; b. Concern pertaining to if R-15 zoning is approved,the Applicant could come back later and reguest approval of a multi-family development ps Request for conditions to be added to DA,as follows: implement"no parking"zones along Schwenkfelder&Woodhead: restriction on 2" story north-facing windows (windows should face east or west);and require dark sky lighting on north facing facades of homes along north boundary: d. Concern pertaining to traffic in this area and the impact the proposed development will have with the higher density proposed. 3. Key issue(s)of discussion by City Council; a. Opinion that Council shouldn't reguire the developer to develop an assisted living facility on this site if they don't want to be in that business: b. Belief the proposed density is appropriate in such close proximity to a major transportation corridor(i.e. SH 2O-26/Chinden Blvd.)with access via a collector street (i.e.Waverton); c. Concern pertaining to impact on area schools—enrollment in public schools is declining: d. Concern pertaining to too much on-street parking alongFlatrock= e. In support of the Applicant contributing toward a traffic signal at Levi/Chinden to assist in the traffic issues in this area. 4. City Council change(s)to Commission recommendation: a. None City of Meridian � Department Report VII. EXHIBITS A. Project Area Maps 1. Aerial Legend qa ' Project Location -:.'Area of Impact - OAnalysis . �Ir"S IT. F.#yqF# sI +4..-;,,��-�a..u>+�-,,,r„ ,m�nnrnirin� ti•u�maassa � ��11� ..Y ; �A�` 91B■. � 1;..1�1� x 1�H r » r&1F11ee1Af,s� �unfnal lulYu 11 I' I LIM G ►1 ia�i F y9Eg A ! IIIIII nl�'91111r !■■FR■A�■Ala Frfi#■Ni jB��ilnp'!n mnnx, - - ,� �i.,�' ±1'�■ss,na Hers 'r +i# �aw. 1 r7■i Sg 'atl'old igg F eeseMlsFse 1 : • 1 1111. a19► i `�'lFFY..If-}00/! — - _ .,.. -• en19 _.l't".. S"s1+� 5!:'.0 F!FIla"111@t qT■Ig1y■49lp11R i91i,0 iW#A+—o = i a,•4 !a ie�ee■u Awe''7��slRlfR,aFRN r " ��sv� u 2. Zoning Map Legend - L— Project Location Area of Impact RUT OAnalysis --R-3 R-2 M—P ?, hy1 C-G R1 C-C C-N R-15 l RUT✓ L-O H RUT R-15 E R-q4 City of Meridian Department Report ► �i br Mi��M eadaalai �'\r.m ■oil ►��"7►Vol. lot n1n■u 1�� +� _ _ _ .r � yrlP�■ �1� u �1 n�'7 , �:m_i1►� 1N U1i1♦►� a` -- , CHINDEN,� -- I� � n■111111111■rinrr�■Ill�llnllnlllrj /111111111 nl if u m 11 sew=- a/.n 11 �1i jNnN` �I A: =■�-... ..o:'Illlllllnr:: ose.,,� � N. r.■_ Y p nn-�. �.r .unman.. nm.nm__'� (� �im IIIU:p rimm non►�TD .y tnuyauuw w um nunmm� 1 C• tv�e- � I 'O�Illllllllllf illlleumrry�ir111111i�i r•► I-'u°uul 111 11111��I 11111t1111111 .,�1111� ;W umu ��unnnun loon►rr ���•�r�►t41 I�,il..•••� un1��useusese�. .r.r seal mn pt.s� . p\►U I' .•�• m :r,nnm��nseusese 0��:7 �r y�`.�. %!, ttt►►IIIrI� �t► . r�.!.sr1�1 r►ir►Irr � ��i::,� �i� ��ur iin•p`�i.�ip:�\�� ' nw 11� � . f1' .� t � �r b�• �/ nose��1 nln � I uunum uann � _ _ ♦ .ur uZz nun nun )i7uroxni.�i 7 u��l`:rr tti•� •.Illun::.,lnirl _ Ilnr+l �[nlnr IIIIIII�IIIIIIw1-' non nu m Falllu � 1111111■���011°r�iiixnr _ unuml- IIIIIIr� q■,n, ��~ M�-�i i i " — nil Illi 1 lip U IIIIIIII _ moll s_ a _ �ant 111■ ` 'tNn r, :?\gtW1J p grliL�- V ,�•U::.,1 �: �1111 IIIIr�_ IT, WI11i�rNNn�"=,II .�ilNNll� `-� ■�Innt1111:: N'll:a��lllllllll-iuu- �� ��■••�... W" ' .um.uulc?.�.o�:�Nt�ll/rn -nu=.�f 1 1\a C7 G�011ie '. -nm.mn=a p uun: ■•► Y i1nu1�: Nltu 11111►� � n--` ? reii irii.iliseuiiwwiii nIulnlm I•��I��t,.`♦';sO-•►t\t\t\;-=rr.r.'.•• V.a.� ,���'apolosigI1n11 m uIIOp=11 1s11epnll, iui 'l'u �n 1 mununAd ll sr��� r{r AI I:- • m �>,rinnn��nnuuu B. Service Accessibility Report PARCEL SO4ZI438475 SERVICE ACCESSIBILITY COverall Score: 12 72nd—Percen-file, f Locat on In City Limits Extension Sewe Trunkshed mains < 500 ft.from parcel Flood- plain Either not within the 180 y f%oodplain or > Z acres Emergency Service=Fire Response time > § mein. Emerg-e-ncy Service=_ Police Not enough data to*eport average response time Pathways Within 1/4 mile of current pathways Transit Not within 114-of current or future transit route Ultimate configuration(#of lanes in master streets Arterial Road Quildout Status plan} > existing (#of lanes)&road IS NOT in 5 yr work pla n School WaI:jng proximity From 1/2 to 1 mile walking YELLOW Either High School or College within 2 miles OR a School arivability Middle or Elementary School within 1 mile d- riving (existing or future) Park Walka6ility No park within walking distance by park type Report berated an 11-25-21724 by MERIDIAN silen City of Meridian I Department Report C. Legal Description & Exhibit Map for Boundary of Proposed New Development Agreement Im August 1,2024 Project No,24431 Exhibit A Legal bescriptian for Development Agreement Modification(Pollard North Subdivision) A pa rcel of la nd situated in a portion of the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of Section 21,Township 4 North,Range 1 West,B-M_,City of Meridian,Ada County,Idaho,anti being more particularly described as follows: Commencing at an aluminum cap marking the South 1/4 oorner of said Section 21 which bears S89'27'17"E a d[stance of 2,605.39 feet From an aluminum ca p marking the Southwest comer of sa id Section 21,thence along the westerly line of the Southwest 1/4 of the Southeast 1/4(easterly line of the Southeast 1/4 of the Southwest 1/4)of said Section 21,N00032'12"E a distance of 1,317.30 feet to a 5/8-inch rebar markingthe Center-South 1/16th corner of said Section 21 and being the POINT OF BEGINNING. Thence leaving said westerly line(and said easterly line)and following said northerly line of said Southwest 1/4 of the Southeast 1/4,S89'2t7'25"E a distance of 1,305.33 feet to a 5/8-Inch rebar marking the Southeast 1/16th ca rner of said Section 21, Thence leaving said northerly line and following the easterly line afsaid Southwest 1/4 of the Southeast 1/4, 500'27'11"W a elistance of 506.58 feet to a 5/8-inch rebar an the subdivision lroun4ary of Pollard Subdivision No.1(Book 127,Pages 20407-20411,retards of Ada County,Idaho); Thence following said subdivision boundary the following fourteen(14)courses: 1_ S88.50'33"W a distance of 17,79 feet to a 5/gAnch rebar, 3_ 133,88 feet along the arc of a ci rcula r curve to the right,said cu rve having a radius of 23g.50 feet,a delta angle of 32'09'46",a chard bearing of N7r27'56"W anti a chord distance of 132.13 feet to a 5/9-inch rebar, 3. N07°05'39"W a distance of 26.37 feet to a 5/8-inch rebar; 4, N52'40'22"W a distance of 61.69 feet to a 5/8-inch rebar; 5. S81'2438"W a distance of 14_13 fleet to a 5/8-insh rebar; 6_ 246.97 feet along the arc of a circular curve to the left,said curve having a radius of 301.50 feetr a delta angiie of 46'55'57",a chord bea ring of N65'51'45"W a nd a chord d istanoe of 240,22 feet to a 5/8-inch rebar, 7. N89'19'43"w a distance of 524,75 feet to a 5/8-inch rebar; 9- 1444W23"W a distance of 2118 feet to a 5/2-inch rebar; 9. N99'20'25"W a distance of 60.O1)feet to a 5/8-inch rebar; 10. S45'39'34"w a distance of 23_16 feet to a 5/8-inch rebar, 11. N89'19'43"W a distance of 164.32 feet to a 5/8-inch rebar,- 12, 21,54 feet along the are of a curve to the right,said curve having a radius of 10,031-50,a delta angle of 00'97'23",a chord bearing of N69'23'25"W and a chord distance of 21.54 feet to a 5/8-inch rebar; 1-1. NS9"27'06"W a distance of 1,358.82 feet to a brass plug; 14, N44'26'05"W a distance of 23.34 feet to a brass plug on the westerly line of said Southeast 1/4 of the Southwest 1/4; 5725 North Discovery Way- Boise,Idaho 83713 s 209.639.6939- kmangllp.com City of Meridian Department Report Thence following said westerly line,NOO'34'56"E a distance of 299,49 feet to an aluminum cap marking the Southwest 1/16th corner of said Section 21; Thence leaving said westerly line and following the northerly line of said Soutt►east 1/4 of the Southwest 1/4, S89°27'06"E a distance of 1,303.59 feet to the POINT OF BEGINNING Said description contains a total cf 19.756 acres,more or less. Attached hereto is Exhibit 8 and by this reference is made a part hereof, OIL CLI , 1245900 City of Meridian I Department Report FOUND ALUMINUM CAP I EW 1/16 CORNER SECTION 21 lJrl tatted POINT OF BEGINNING CD P FOUND 5/8" REBAR w _ IW. Old School Ln_ C—S 1/16CORM1IM SECTION 21� o c S89'27'05"E 1363.50' I a 0 CD CD F ro `C N Q 'a }u I + .O vl Q I 7 ro 4Z a O Z to C3 I 0 S89127'06"E 1.5e_92' 2 V) averton Dr._ _ — ~ Q '� o w � 3 I Ui I ZLu v LINE TABLE LINE TABLE N LINE 9£ARING ■ISTANCE LINE BEARING DISTANCE GI I X o N III S38'50'33"W 17.79' L5 N44'20'23W 23.18' I I d r T-4 L-2 NO705'39"W a* � 26.3' 1,$ N$9'20'25'"W WOO' N5Y40'22W 61.0 L7 S45'39'34W 23.16' r, Q>y S81'24"38"W 14. � �p 13. 13' Z LB N4 '26'65"' 23.34' �+ °- M z N z Pallarll Y� C u #� SuWvision NO. 1 zl Q c • 200 4// 600 I DA1l: August xa:a 1 PMIECII: 3Adj1 LL Plan Scale: 1"=208' SHEET 1 OF 2 130475' W 1/16 CORNER 2012 1 SECTIONS 21/28 1304.64' 21 29 22 SOT27'17'E 2609,39' — — — — 1 BASIS OF BEARING 2g VFOUND ALUMINUM CAP W. Chlnden Blvd. POINT OF COMMENCEMENT SW CORNER SECTION 21 FOUND ALUMINUM CAP E N G I N E E R I N G 5735 NmkKmtxys0v50VvQAY q S 1/4 CORNER SECTION 21 3 rwnnF 12ut1 639-D937 a kmenC�lpum CI 0 Unplatted FOUND 5/8" REBAR V1i SE 1/16 CORNER SECTION 21 O I S89'20'25"E 1305.33' KT C � � � C m .cn a c co I U' U > L m Ln II INe9-19'43'V — FairbourneIzz a� I C3 1b4.32' LS SUbdIVlSlon No. 3 to L7 L6 l � _ Q L .� N89'19'43"W 524.75' N l\ C) I1W7 2-Ver 0-n Ur.— — C�2 L4 W w V o ad o w I `� L1 CD 2 I Ct � p v1 W w Fairbourne — xle Jj Subdivision No. I- Pollard °C v Pollard o z d' Subdivision No, 1 0 1` r 4 z - Q +; LA O DATE: Augurt 2D24 s Fairbourne PIRO,ECE: 24-031 I Subdivision No. 2 SHEET: OF 2 qp x t= CURVE TABLE CURVE RADIUS LENGTH DELTA CHOIR 5RG CHORD C1 230.50' 133,58' 32709'46" N73'27'56"W 132.13' 5 0 200 400 600 C2 301.50' 246.97' 46'55'57" N65'51'45"W 240.12' E N O I Irl Ii € uZ u IN y 972S MATH DISNOVIRY WAv 9 POISE,IDAHO 93M Plan Scale: 1"=200' C3 10031_S0' 21,54' O'07'23" N89'23'25"W 21.54' PHONE(2aR)639.6939 Wnar�Prnm a D. Rezone Legal Description & Exhibit Mapes REVISED km January 28,2024 Project No.24-031 Exhibit A Legal Description for Rezone to R-15 Pol lard North Subdivision No.i A parcel of land situated in a portion of the South 1/2 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 21,Township 4 North,Range 1 West,B.M.,City of Meridian,Ada County,Idaho,and being more particularly described as follows: Commencing at an aluminum cap marking the South 1/4 corner of said Section 21 which bears S89'27'17"E a distance of 2,609.39 feet from an aluminum cap marking the Southwest corner of said Section 21,thence following the westerly line of the Southwest 1/4 of the Southeast 1/4(easterly line of the Southeast 2/4 of the Southwest 114)of said Section 21,N00'32'12"E a distance of 970.80 feet to the centerline of W.Waverton Dr. and being the POINT OF BEGINNING_ Thenee leaving said westerly line and following said centerline,N89'27'06"W a distance of 1,328.87 feet to the centerline of N.Pollard Lane; Thence leaving said centerline of W.Waverton Or.and following the centerlirl a of N.Pollard Lane, NOD'34'S6"E a distance of 253.00 feet; Thence leaving said centerline,S8927'06"E a distance of 1,319.81 feet; Thence 19.49 feet along the arc of a curve to the right,said curve having a radius of 10,021.00 feet,a delta angle of 00'06'41",a chord bearing of S89'2346"E and a chord distance of 19.49 feet, Thence S89'20'25E a distance of 1,141.61 feet; Thence 51.91 feet along the arc of a curve to the right,said curve having a radius of 31.83 feet,a delta angle of 93`08'16",a chord bea ring of S42'41'S7"E and a chord distance of 46.38 feet,- Thence S00'27'11"W a distance of 197.S7 feet; Thence 11,00.47 feet along the arc of a curve to the right,said curve having a radius of 128.50 feet,a delta angle of44'47'S8 a chord bearing ofS22'51'1WW and a chord distance of 97.93 feet; Thence S45'15'09"W a distance of 66.08 feet to said centerline of W.Waverton Dr.; Thence following said centerline the following five(5)courses: 1. 27.30 feet along the arc of a curve to the right,said curve having a radius of 270.00 feet,a delta angle of 05'47'35",a chord bearing of N42'20'29"W and a chord distance of 27.29 feet to a 5/8-inch rebar; 2. 23S.07 feet along the arc of a curve to the left,said curve having a radius of 270.00 feet,a de Ita angle of 49'53'02",a chord bearing of N64'23'12"W and a chord distance of 227.72 feet to a 5/8-inch rebar; 3_ N89'19'43"W a distance of 781,84 feet to a 5/8-inch rebar; 4. Thence 21.48 feet along the arc of a curve to the left,said curve having a radius of 10,000,00 feet,a delta angle of 00'07'23",a chord bearing of N89'23'25"W and a chord distance of 21.48 feet to a 5/8- inch rebar, 5_ N81"27'06"W a distance of 71.48 feet to the POINT OF BEGINNING. ST Said parcel contains 14.901 acres,more or less. ¢ , I24§ o Attached hereto is Exhibit B and by this reference is hereby made a part of_ I.A. Olt 572s North Discovery Way•Boise,Idaho B3713•208.639,6939-kmengllp.com City of Meridian I Department Report o � O CD � ! Iru _ Unplatted w a I ILn C _ W. Old 5chool Ln. C7 ` V CD S85'27`O6"E 1316.s1' C1 I r-1 r4 c: 3: -0 Rezone Area: 14.90.1t AC. ,O a d Portion of SO421438475 �j => Current Zoning, R-8 I I +-' 1 CD o Proposed Zoning; R-15 i I C -Q °J M1, POINT 4F BEGINN.NNG� 1 —Ti A 0 l/'1 -- W, Waverton Dr. . s LU N o 1325.07` N89'27'06 tiN 1400,35' I w �^ w wLn �, G I x o v> Pollardit a r z Subdivision No. 1 �� o J t Q L+ 0 200 400 600 � a Plan Scale- 1" 2004 z� I DATE: 1-0 202S 'PPaI EC'r: ZAA31 SHEET; 1 OF 2 20121 599'27'17LE 2599.39' 21� 28 6A51S OF 8EARINC POINT OF 60Mi46NCEMErJT oulua �I.uMINur� P W. Chindcn Blvd. �ouroa Al,ulIENCE cN Tr SW CORNER SECTION 21 S 1/4 CORNER SECTIOR 21 sir:NOHTHEW,Rv qr0 q rcrc�,r�nil�a��ra x FI1riCF K.Oyds39�e39 4 4me.gllP�tn n 0 � O v t I Unplatted a w Ct G 3 dI . . S69'2Q'25`E 1 a41,.61' w Rezone Area: 14.901±AC. In El N ` Portion of SO421438475En ' ,O Q Current Zoning: R-8 0 :} Proposed Zoning: R-15 6-' -a a o 71,48' a W In W. a verton Dr, O In ` Z N89'19'43W 781.84' N U W I C6 air _ N ( tn V w O 4-' C4 (V o I � 03 i Pollard I Subdivision No_ 1 I O z c: N G I LINE TABLE CURVE TABLE 0 N LINE BEARING DISTANCE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD [ n I Ll N0O'34'55-E 253,00' C1 10021.00' 19.49' O'06'41" S89'23'46"E 19.49' DOTE: Jamlary 2025 ° L2 S00.27'11'W 197,57' C2 31.93' 51,91' 93'08'16" S42'41'57"E 46.38' PBDJEQf 14-031 L3 S45'15'09'V 66.08' C3 128.50' 100.47' 44.47'5S" S22'51'10"W 97.93' SHEET: 2 OF 2 C4 270.00' 27,30' 547'35" N42'20'29"w 27.29' C5 270.00' 235.07' 49'S3'02" N6423'12-W 227.72' x C6 10000AG' 21.48' 1 0'07'23" N89-23-25-W 21.48' 0 200 400 60Q ENGINEE RING - 5225 @0ISC IDMOS RW w�v Plan Scale: 1" =200' PHOUE(Mffl G394039 a E. Preliminary Plat&Phasing Plan (date: 9/W24241243n4241/28/2025)-REVISED N010MUSH03 101 LON AMI"113'd0 TITI 3; IOU FLI 0 - I I I 4 W 0 @ 0 0 C) c0 ® Yee of¢ ]o 0 z s!8 1) zo M 0 0pp WHIM 0 V)s !iW zz= :3 r :5:5 LLJ_j crO6 all BA City of Meridian Department Report all .U31 M0139 335 3Nn H:)ivn ggd z W . . . t!fS . .. 00, �—,E-0-! er-- -:L-T, 6W w N I.*.+. N is -AIR a; 9 —v q] m T IT, WE T L !it Eq 14 V 51111 2W., 2s J111 g i 1,mom, Rz , L7'AH IAOAV 395-IN11 N01 y I �N Mill I City of Meridian Department Report C') I I II ice+ ♦ lT �< � MLas IIY�In0.�l�R. MIIN E�I�T Y'��>AIO.�cR I/ t�Y wFY f1Y�Y STREET SECTION A(PRIVATE ALLEY) STREETSECTION E[COLLECTOR] >v CD w Ks�sl I�•w.lr�nw I.�'T�mr Ira�we" r w�o�+l r awls Ia• v ar CD s aeuwam swlneE rr�.�.�cs Wes�m,sm�.a STREET SECTION �ETSECTICMIF[INDUSTRIALI w I STRFFT SECTION C.(ISTRFFT SECTION (I OCAII -w secs 7-7 POLLARD NORTH SUBDIVISION MERIDIAN,ID •�� EREIIMINARY 5IP[ET SEC110N5 aV15�dp PP3.4 1 ` i -LU I . it N I Y�Y 1 �m i I w , 'fa- it I � II I ' I .4 I City of Meridian Department Report BUILOIN0 lNELOPE(TYPICAL) O _— avi eroi o-'n !a•Pi s'�I e'wry --.'"i--�''" —nr. —c iA� l t O—R -- S I EAR LL.L 10` Z Y fD BLIN]C 3 I Ii ' IN a IX t?7 N cnRACE——— C L——� �H� —.J �—_ s FRONT J g LOT 15 BLOCK 3 13 A J 5.' NON-OUILMAKE COMMON LOT WITH A rt t i COMMON BLANKEF INCRESS(ECRESS EASEMENT a •,� - DRIVE IN FAVOR OF LOT 13 BUCK 3 AND LOT 14 BLOCK 3 -+2w � �r w.FIAT ROCK si. COMMON —rs As�i•s s LOT u _ I t ,�16 _ _ t s:�rrann+o srvR:ro.0 e W iviy.umY b]iR St a 31 �zw ..tit• 'f7+P. - -azsw rg'w. .Ailw �¢+r V� r FX2.• w 3 ffpfM.Nryr� - $AY6.. O BLOCK 3 LOT13-16 SHARED DRIVEWAY EXHIBIT 4 z PIIanScale;1"=20' a�hUSCA4EN,d+ ~f!�l4aepp r � p �u II I -ia Aw C') 0 iNiRlL L1RDEtlRFgni AIIE Iw in2r.IRf IM xiLai`4i{Eia✓F iE<.U`lFra� L'�'L 1 lyll '�i�� l'�L �f -.mw<wn.u,rxTw Na.m nxrc r,wew.rN ec uFula I> .wnn+wn RESIDEN71ALNMMON LOT TREE R:EAUTAEMENfS STREET TREE CALCULATIONS(L TREE I 35 ) LF ,. -IIw '.rncrr.�:nEirib:p iww' IIIK.=+.MfwlEr. IITREE/5000SF) �'; ru uv.a,.au vra,um xexx.w*a.w smonea.s n.e�cmacw. m! .o m/w •,Ynm v�r� .+.. ..r �. �.Q�.'gws r`Aa.mwwe. r ![E t+f L.R—L 1 E Nh.la> Taw eR ~ wE f M IIE Te !Nf le< •n u w> vial •' r>w wn�� • w rr• -• •.• e DNNIRLLIAIRyaFEeFFans axem,ar xo v.x mw wm ne mwo emtusi.n re TOTAL STREET TREES O^ rr..rw-w�n,N. tisrxw R swrn.. .xF wis`s.'xn".-a,v`s.awai.:vi. i , •.w:iF%I�"mzc ¢a to�r PATHWAY CALCULATIONS(LTREE/100 LF) \` ulE.—NE Mrele k 1NE—L UT� • -Q 1 ! '� � a+exo..ac>mnn eRcv,nr,e.Nrtn wu ire..Sio.crm..+eea`wllxa w.nz /�� r �.rrFn ,•ter „>x r e �r CD .K me mre a r,Nx[i rrN rrozc manic nes.a.is. Ftl aF//rY yy���r �w-�w.r�wre ry r e� �. ...wr V x sx2nne me lt�e.tl�aes wo srtw w.r.eaFtmtS M y , 1'� �:.�n .�� das' rr m`r°"�t .••« 1.,w.FoN':`er,-".i`.:xe=•.��N� ........r.�>..wK,.......w..0.u: ..ro. TOTAL PATHWAYTREES nrm.mn wi�i'rE"ui�a::l°nir...x�la•vr`.�c�Fimi�` p MIFIGATION RERUIREMENTS 1REEDROIEEIIONNDIES �..•.n•In ���w~A TOTALSITETREES F Rm .x wa�.F`ri•Fr ned'wa�N`ix�[�xErrc iE"` TOTAL CGNIRRON LOT TREES �`Eiew� rr•.reaEilrwi.'x mxL�m N.+e.•.>rwmr.r,ti,»,..w,.Fc H.F.rm x�a..,am was s:aaeaix:"+:�n.r,�.r.r..c.v>..,<.rrxr s=..,.0 �wxc m.in,.eaen I 1 f' ND �`'�"' ixT•� rt _�.�y _ 'J •%] O :) 0 ��� 9 �- I - 7 C �O ~�.. r� •:!� rF�� @ Gv c I 1 s "�,di ti _ 1 �3 F9 rd (i. �E .'l (• EE 33 EE - i 1 a r:� Q. w�;«C7''Y�C<11 C5 CxJa "� �9C� �� f�CaJ ' ,,•:C<+i•��(y', .F€€)N :m.GaC� :c3•wi '::)Gi G7 EEE§3:E G� - ---- 9 a PRELIMINARY PLAT LANDSCAPE COVER nC1E oEFOVJIhT U• �� w�.rf �n4prw. iTjEn wax s F POLLARD NORTH SUYDIVISION x rso. MERIDIAN, PRELRAIN0.RY PLAT RIDN,■IAVER COMACf INFI—A—N !e[t'61OF0 CEYFILPERbFarm ��t'IEEF C F �Fl:rl L4bswtio� rR1�urn, _ PPL1.0 NOionUISNW UOJ I.ON-AUVNIYVIl3ad W 3 0 z� Hey; 9 gg of i W �,r�1i e3� aj�§���� 911 a3°s0 �I Eilalz � ��� s o G. oiII0100 0 s `-. �h � I fi ,♦A � b ( b s J I '4 o I{ 51ez ' f + ck I u A -29 "� I 3 s $ 0 6 � gig, per 4T I P [ . n I F ' � ��L� I � iiggqggqyy gill, .15, �g - ------ --- - ---- -- f 3R $�Y �ei9sse €5' s City of Meridian I Department Report NoIDnUSNoaUOJ LON-AUVNIV4113W a a ovwaraArls•�s Axnkuivw p . r T o - © s fI F O r Oaa 9g his } P' 'I 9 3 § � a _ 1A �. 1 +1T3 'I Y7I}i. k rfig F !=i k p c gi°$i]�g`66gagpa si:• AA yy gi S } I II { 9{C{y# d;H. ` gs'sg�Gg3g3{[i{[ 3@3 3HY3 i e8 ]'IFNIII F� •? w n r w a a. �. I0❑ ❑ I F Q 1 I 4 - t I r � I I :3: •. i � 3 3 � i 3 i yiif I I 1 - r.-Y""o�ruai33us ais-aunu`vet�iu`L����.., City of Meridian Department Report 2 ID N. Eq. ga itul ij 1 P U WHIP P 4� 4t all-0 I i- OD A 0., c- 00 L rm ra s 3rs-Tuaw City of Meridian Department Report F � " � ❑ 4 - J tltltl ,,aa,, a]O a 5 9y n I J E 2 «1 I �l I � I I I a "FF yypp�A�ia�'�^� 1 IJ I I I c .�;p: a g .;. Fk� ?° E� b x glz9 kw) City of Meridian Department Report n � % / m Im § M \ A QQ 2 f § 04 _,� O5 2__,_ O§ ,___._ 07-___ &� F § k _m,_>SUBDIVISION ! _=mm § L H. Open Space & Site Amenity Exhibits(dated: duW-1-24NNU 1/28/2025)—REVISED �-- � - STD :�' �9 I � o t st€ i 1 1 00 x� !� v �s 1 ❑ 7 °�°` i �y�d 1 E II n O (l 1 I 1 k 5 1 � ss 1� O CJ 1 Q �f� F $9 e ® ' FT-TT -- - - _ � w w 1 CL OR g 2 City of Meridian Department Report JIM I= ONE MIN %i I� �� u �� eft i II - - pow 1. Conceptual Building Elevations ���B RIG HTON POLLARD NORTH-Central Park City of Meridian •t a it 1 F ,4• l '.` r 'r BRIGHTON POLLARD NORTH-CarriaeeLane Home ail Y t, DepartmentReport son + BRIGHTON POLLARD NORTH-Carriage Lane Duet Homes $BRIG HTON POLLARD NORTH-Conventional Homes 1AA ism �. B RI G H TON POLLARD NORTH-Home Types e Eli - - - .. _�1�=� �j r� ... nT!6, DepartmentConventional A Carriage Lane B- Duet Carriage Lane C Conventional D City of Meridian � po ��' B RIG HTON POLLARD NORTH-Carriage Lane"B"Duets a ti' BRIG HTON POLLARD NORTH - Carriage Lane "C" Y I nI City of Meridian Department Report ti' B RIG HTON POLLARD NORTH -Conventional"A" a c\ ; 11111 -IF�Illlllllli` IIC�IIIIII — �11 . 11111 II�r1iM11�111� �,11.�11 11�.l�1111�11�1 s�l�llll[l�l�l�l=��- II,-,11111�11l!1111■Ili �; ' COD RIG HTON POLLARD NORTH -Conventional"D" FFI City of Meridian I partment RepoDert J. Original vs. Revised Proposed Preliminary Plat PRELIMINARY PLAT �.1 w, 777 177 RESIDENTIAL LOTS s� ORIGINAL ;l,- 21 LANDSCAPE COMMON LOTS PRELIMINARY PLAT 7,77 _._ , '3_.�': �.1• - „- _ iyl 137 RESIDENTIAL LOTS (-20) I� REV SED E 37 LANDSCAPE COMMON LOTS(+6) City of Meridian I Department Report E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Revocable License Agreement between Ada County Highway District (ACHD) and City of Meridian for Placement of Vehicle Detection Cameras REVOCABLE LICENSE FOR THE INSTALLATION OF CAMERAS BY CITY OF MERIDIAN ON ADA COUNTY HIGHWAY DISTRICT PROPERTY The Ada County Highway District, ("ACHD"), grants to the City of Meridian ("City"), a revocable license for the Meridian Police Department ("MPD") and/or MPD's contractors or assigns to place roadway monitoring and vehicle detection cameras on ACHD structures. WITNESSETH: For the term and uses, and on the terms and conditions hereinafter set forth, ACHD does herby grant to City a revocable license on certain ACHD structures. This license is made on the following terms: 1. ACHD responsibilities. a. Installation. The locations noted in Exhibit A, attached hereto and incorporated herein,are considered approved under this license. Approval for additional cameras must be obtained by MPD from ACHD prior to the installation of any cameras. MPD will submit requests for additional cameras to ACHD and each approval may include multiple locations. ACHD shall review such requests from the MPD within fourteen (14) days and notify the MPD of its decision in writing. b. Electrical service. ACHD prefers MPD connect the LPR cameras to a City metered electrical power source as the primary option. ACHD may permit MPD to connect equipment to an ACHD metered electrical power sources, such as a traffic signal controller cabinet if no City electrical power sources are available. c. Notice of Intentional Movement or Redirection. If, for any reason, a camera or cameras are intentionally moved or redirected by ACHD, ACHD shall notify MPD within twenty-four(24) hours. 2. MPD responsibilities. a. Installation design. MPD shall prepare installation and cable routing details for the proposed equipment locations. MPD shall also request approval to ACHD for review and approval of any additional locations not listed in Exhibit A in accordance with the process found in Section La above. b. Installation, operation, maintenance, replacement, and removal. MPD shall be solely responsible for the costs of any installation, operation, maintenance, replacement,and removal of the cameras and camera associated equipment. c. Electrical service. MPD shall,if a LPR camera is not connected to a City electrical power source, be responsible for paying on-going electrical service costs for their REVOCABLE LICENSE BETWEEN ACHD AND CITY OF MERIDIAN PAGE I OF 8 cameras at each location in accordance with the calculated rates as determined by Idaho Power. MPD is responsible for obtaining power cost calculations from Idaho Power and providing those calculations to ACHD. ACHD will invoice MPD based on the provided power cost calculations. d. Equipment communications. MPD shall be responsible for establishing and maintaining on-going communications between the equipment and MPD systems and paying the corresponding costs. The equipment installed under this License will be connected to systems operated by the MPD. e. Public Records requests. MPD shall address all public records requests pertaining to the equipment. Any record that the cameras or equipment generate are not the property of ACHD. 3. Notices.Notices required or contemplated under this License shall be in writing and mailed or hand delivered to the respective parties at the following addresses, or such other addresses as the parties hereto may, by notice, designate in writing to each other: MPD: Meridian Police Department Attn: Captain Berle Stokes Address: 1401 E. Watertower Drive, Meridian, ID 83642 Email: bstokes@meridiancity.org Phone: 208-846-7355 Fax: 208-846-7366 ACHD: Ada County Highway District Attention: Greg Fullerton Address: 3700 Adams Street, Garden City, ID 83714 Email: gfullerton@achdidaho.org Phone: 208-387-6192 Fax: 208-387-6393 4. Administrator.The administrator of this license for City is the Captain of the MPD. MPD shall notify ACHD in writing when the administrator has changed. The administrator for ACHD is Greg Fullerton, Superintendent,Traffic Operations,Development and Technical Services. ACHD shall notify MPD in writing when the administrator has changed. 5. Term. This license shall remain in full force and effect until September 30, 2025, and thereafter shall automatically renew for successive annual terms (October 1 through September 30)unless terminated by either party as provided herein. 6. Termination. Either party may, in their sole discretion, terminate this License for any reason or no reason by providing at least 30 days' prior written notice to the other party. 7. Duties upon termination. REVOCABLE LICENSE BETWEEN ACHD AND CITY OF MERIDIAN PAGE 2 OF 8 a. MPD's duties. Upon expiration or termination of this License, MPD shall do the following within 90 calendar days: 1) Remove MPD's equipment from ACHD's structures; 2) Pay to ACHD a pro-rata share of the electrical cost payment; 3) Certify in writing to ACHD that it has complied with the requirements of this section. b. ACHD's duties. Upon expiration or termination—for any reason—of this License, ACHD shall provide reasonable cooperation and assistance to MPD in removing MPD's equipment from ACHD's structures. 8. Responsibility for damages. Parties shall retain all of their immunities and protections under the Idaho Tort Claims Act (I.C. Section 6-901 et seq.) regarding the terms of this License and any claims brought against either Party. Nothing in this License shall be construed as limiting or expanding the statutory or regulatory responsibilities of either party in performing the functions granted to them by law, or as requiring either party to expend any sum in excess of its respective appropriation. 9. No Warranty; Assumption of Liability; Personal Liability; Limitation of Liability; Indemnification a. No warranty. ACHD makes no warranty or representation to MPD of any kind, express or implied, regarding the suitability of or compliance with any applicable laws by ACHD's structures, or any portion thereof, for any aspect of the use that MPD expects or intends to make of ACHD's structures. MPD has made an adequate investigation and inspection of ACHD's structures,has made its own determination regarding their suitability for MPD's proposed use, and is satisfied with the condition, fitness, and order thereof. MPD agrees that it will be using ACHD's structures"AS IS,""WHERE IS,"and"WITH ANY AND ALL FAULTS."ACHD waives any claims against MPD for defects in ACHD's structures, including latent defects. Installation of the equipment onto ACHD's structures by MPD shall be conclusive that ACHD's structures were in good repair and satisfactory condition, fitness, and order when such installation occurred. b. Assumption of liability. The parties are responsible only for the acts, omissions, or negligence (collectively, "acts") of such party's own employees, officials, representatives, or agents (collectively, "agents"). The parties assume no liability for the acts of the other party or the other party's agents. MPD acknowledges that ACHD is not involved in the installation, operation, maintenance or use of the equipment. ACHD assumes no responsibility for MPD's equipment placed on ACHD's structures. To the extent permitted by Idaho law, MPD assumes any and all liability to ACHD caused as a result of the MPD's agents or use of the equipment. Nothing in this License shall extend the liability or tort responsibility of MPD or ACHD beyond that required by law, including the Idaho Tort Claims Act, Idaho Code section 6-901, et seq., and Article 8, Sections 1 and 4 of the Idaho constitution. Each party is responsible for damage to the property of the other party REVOCABLE LICENSE BETWEEN ACHD AND CITY OF MERIDIAN PAGE 3 OF 8 caused by its employees and agents in the performance of this MOA. If a property claim or damage is not covered by the party's self-insurance or other property coverage, the responsible party shall pay the costs arising from such claim or damage to the extent funds are legally available therefor. If such a claim or damage arises from more than one party's performance of this License or is not allocable to any party, each party shall pay the costs to such party arising from the claim or damage. c. Personal liability. In no event will an agent of either party be personally liable or responsible for any representation, statement, covenant, warranty or obligation contained in, or made in connection with, this License,express or implied. d. Limitation of liability. ACHD is not liable for consequential, indirect, incidental, special,exemplary,punitive, or enhanced damages,arising out of or relating to any breach of this License,whether or not such damages were foreseeable or MPD was advised of the possibility of such damages, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of ACHD's liability shall not apply to (i) liability resulting from ACHD's gross negligence or willful misconduct and (ii) death or bodily injury resulting from ACHD's acts or omissions. No action for breach of this License or otherwise relating to this License may be brought more than one year after the accrual of the cause of action. e. Indemnification. To the extent allowed by law, ACHD and City, shall indemnify and hold harmless each other by their respective officers, boards, commissions, employees, agents, and contractors ("Indemnitees") from and against any and all liability which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of the Indemnifying party's personnel, employees, agents, contractors or subcontractors resulting in personal injury or property damage and arising out of or in any way connected with the installation, operation, maintenance, or removal, use or connection of the equipment pursuant to this License. Both parties to this License recognize that MPD shall assume any and all liability relating to all images obtained by MPD during its use, control, and operation of the equipment. In the event a third party brings an action against ACHD based upon the actions or activities of MPD related to the use of the equipment, including, but not limited to non-compliance with the terms of this License, City shall indemnify, defend, and hold harmless ACHD, its officers, agents, officials, and employees against any and all damages, actions and costs of every name and description. 10. Compliance with the law. The parties shall comply with all federal, state, and local laws, rules, and regulations. For any installation, operation, maintenance, or other work necessary on the equipment that requires licensure, MPD shall employ or contract with individuals carrying the requisite licenses and credentials. REVOCABLE LICENSE BETWEEN ACHD AND CITY OF MERIDIAN PAGE 4 OF 8 11. Assignment. The powers, rights, remedies and obligations of a party under this License cannot be transferred without the prior written consent of the other party. Any purported transfer in violation of this section will be void. 12. Entire Agreement. This License, including and together with any related exhibits constitutes the entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 13. Amendments. This License may only be amended by mutual written agreement of the parties. 14. Severability. This License is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this License is held to be unenforceable by a court of competent jurisdiction for any reason, (a)the validity, legality, and enforceability of the remaining provisions of this License (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) are not in any way to be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision is to be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the License is to be deemed amended accordingly. 15. Non-waiver. No waiver by any party of any of the provisions hereof is effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party operates as, or is to be construed as, a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this License operates as, or is to be construed as, a waiver thereof; nor does any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy,power, or privilege. 16. No third-party beneficiaries. This License benefits solely the parties who sign this License and their respective successors and permitted assigns. Nothing in this License, express or implied, confers on any third party any legal or equitable right, benefit, or remedy under or by reason of this License. 17. Controlling law.This License is to be construed and enforced in accordance with the laws of the state of Idaho without regard to its conflict of law provisions. 18. Choice of forum. No party may commence any action, litigation, or proceeding against the other party in any way arising from or relating to this License, including all exhibits attached to this License, and all contemplated transactions, including equity, tort, fraud, and statutory claims, in any forum other than the courts of the state of Idaho sitting in Ada County, and any appellate court from any thereof, or, if such court does not have subject- REVOCABLE LICENSE BETWEEN ACHD AND CITY OF MERIDIAN PAGE 5 OF 8 matter jurisdiction, the United States District Court for the District of Idaho. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and must bring any such action, litigation, or proceeding only in such courts. A final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. 19. Captions. The captions contained in this License were inserted for the convenience of reference only. They do not in any manner define, limit, or describe the provisions of this License or the intentions of the Parties. 20. No Party Deemed Drafter. All provisions of this License have been negotiated by ACHD and City at"arm's length."All parties agree that no Party shall be deemed to be the drafter of this License and further, in the event that this License shall ever be construed by a court of law, such court shall not construe this License,or any provision of this License, against either Party as the drafter of the License. 21. Attorneys' Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any of the provisions of this License, or to protect its interest in any matter arising under this License, or to recover damages for the breach of this License, or to resolve any disagreement in interpretation of this License, the unsuccessful party in any final judgment entered therein agrees to reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment. 22. Debt Limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 23. Warranty of Authority. Each individual executing this License on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this License on behalf of said entity in accordance with duly adopted organizational documents and, if appropriate, a resolution of the entity, and that this License is binding upon said entity in accordance with its terms. REVOCABLE LICENSE BETWEEN ACHD AND CITY OF MERIDIAN PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the P ies have herein executed this License and made it effective on this day of , 2025 as hereinabove provided. ADA COUNTY HIGHWAY DISTRICT By: Miranda Gold, Pr i ent ATTEST: l nector CITY OF MERIDIAN: Robert E. Simison, Mayor 5-13-2025 ATTEST: By: Chris Johnson, City Clerk 5-13-2025 REVOCABLE LICENSE BETWEEN ACHD AND CITY OF MERIDIAN PAGE 7 OF 8 Exhibit A Locations REVOCABLE LICENSE BETWEEN ACHD AND CITY OF MERIDIAN PAGE 8 OF 8 LOCATION CAMERA DIRECTION TRAFFIC DIRECTION Overland Rd/Ten Mile Rd Pointed East Eastbound Traffic Overland Rd/Silverstone Way Ponted West Westbound Traffic Main St/Broadway Ave Pointed North Northbound Traffic Fairview Ave/Meridian Rd Pointed East Eastbound Traffic Cherry Ln/Meridian Rd Pointed West Westbound Traffic Cherry Ln/Ten Mile Rd Pointed East Eastbound Traffic Cherry Ln/Ten Mile Rd Pointed West Westbound Traffic Fairview Ave/Records Ave Pointed East Eastbound Traffic Fairview Ave/Records Ave Pointed West Westbound Traffic Ustick Rd/Black Cat Rd Pointed East Eastbound Traffic Ustick Rd/Records Ave Pointed West Westbound Traffic McMillan Rd/McDermott Rd Pointed East Eastbound Traffic McMillan Rd/Locust Grove Rd Pointed West Westbound Traffic Franklin Rd/Ten Mile Rd Pointed East Eastbound Traffic Franklin Rd/Ten Mile Rd Pointed West Westbound Traffic Franklin Rd/Touchmark Way Pointed West Westbound Traffic Franklin Rd/Touchmark Way Pointed East Eastbound Traffic Main Kleiner Park Entrance Pointed Northeast Eastbound Traffic Southeast Kleiner Park Entrance Pointed North Northbound Traffic Northwest Kleiner Park Entrance Pointed East Eastbound Traffic Settlers Park(Meridian Rd Entry) Pointed West Westbound Traffic Settlers Park(Ustick Entry) Pointed North Northbound Traffic Settlers Park(Ustick Entry) Pointed North Northbound Traffic Settlers Park(Ustick Entry) Pointed North Northbound Traffic Discovery Park(Main Entry) Pointed South Southbound Traffic Discovery Park(Recreation Ave Entry) Pointed South Southbound Traffic Bear Creek Park(North Parking Lot Entry) Pointed South Southbound Traffic Bear Creek Park(South Parking Lot Entry) Pointed North Northbound Traffic McMillan Rd/Locust Grove Rd Pointed East Eastbound Traffic McMillan Rd/McDermott Rd Pointed West Westbound Traffic Ustick Rd/Black Cat Rd Pointed West Westbound Traffic Ustick Rd/Records Ave Pointed East Eastbound Traffic Overland Rd/Silverstone Way Pointed East Eastbound Traffic Overland Rd/Eagle Rd Pointed North Northbound Traffic Overland Rd/Eagle Rd Pointed West Westbound Traffic Overland Rd/Eagle Rd Pointed South Southbound Traffic Ten Mile Rd/Overland Rd Pointed North Northbound Traffic Ten Mile Rd/Overland Rd Pointed South Southbound Traffic Ten Mile Rd/Cherry Ln Pointed North Northbound Traffic Ten Mile Rd/Cherry Ln Pointed South Southbound Traffic Meridian Rd/Fairview Ave Pointed North Northbound Traffic Meridian Rd/Cherry Ln Pointed South Southbound Traffic Main St/Fairview Ave Pointed South Southbound Traffic Main St/Pine Ave Pointed South Southbound Traffic Idaho Ave/Main St Pointed East Eastbound Traffic Idaho Ave/Main St Pointed West Westbound Traffic Broadway Ave/Main St Pointed East Eastbound Traffic Broadway Ave/Main St Pointed West Westbound Traffic Linder Rd/McMillan Rd Pointed North Northbound Traffic Linder Rd/McMillan Rd Pointed South Southbound Traffic Linder Rd/McMillan Rd Pointed East Eastbound Traffic Linder Rd/McMillan Rd Pointed West Westbound Traffic Meridian Rd/Ustick Rd Pointed North Northbound Traffic Meridian Rd/Ustick Rd Pointed South Southbound Traffic Meridian Rd/Ustick Rd Pointed East Eastbound Traffic Meridian Rd/Ustick Rd Pointed West Westbound Traffic Ustick Rd/Centrepoint Way Pointed East Eastbound Traffic Ustick Rd/Centrepoint Way Pointed West Westbound Traffic Pine Ave/Parkdale Ave Pointed East Eastbound Traffic Pine Ave/Parkdale Ave Pointed West Westbound Traffic Amity Ave/Eagle Rd Pointed East Eastbound Traffic Amity Ave/Eagle Rd Pointed West Westbound Traffic Victory Rd/Eagle Rd Pointed East Eastbound Traffic Victory Rd/Eagle Rd Pointed West Westbound Traffic Black Cat Rd/Victory Rd Pointed North Northbound Traffic Black Cat Rd/Victory Rd Pointed South Southbound Traffic Black Cat Rd/Victory Rd Pointed East Eastbound Traffic Black Cat Rd/Victory Rd Pointed West Westbound Traffic Black Cat Rd/Amity Ave Pointed North Northbound Traffic Black Cat Rd/Amity Ave Pointed South Southbound Traffic Black Cat Rd/Amity Ave Pointed East Eastbound Traffic Black Cat Rd/Amity Ave 1 Pointed West Westbound Traffic E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement to Accept Payment in Lieu of Installing Streetlights at Fast Eddy's at Chinden i AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT FAST EDDY'S AT CHINDEN This AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT FAST EDDY'S AT CHINDEN ("Agreement"), made thi: 13th of May 2025 ("Effective Date")between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian, Idaho ("City"), and WHAT NXT LLC,whose address is 6694 N Spurwing Lane Meridian,ID 83646 ("Property Owner"). WHEREAS, Property Owner is the owner of Fast Eddy's at Chinden, located at 3240 W. Chinden Boulevard, in Meridian, Idaho 83646 (the "Property"); WHEREAS, Property Owner is currently unable to install the required streetlights along Chinden Boulevard, because the road has not been built out to its ultimate width; and, WHEREAS, once Chinden Boulevard is widened, City is willing to install the required streetlights following Property Owner's payment to City of the estimated amount necessary to .install such streetlights; WHEREAS, one of the Site-Specific Conditions of Approval of City's approval of C- NEW-2024-0025, is that Property Owner must pay City of Meridian seventeen thousand five hundred dollars and zero cents ($17,500.00) in lieu of installing one (1) streetlight on the south side of the property, along Chinden Boulevard("Location"); NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,the Parties agree as follows: I.COMMITMENTS BY PROPERTY OWNER. A. Payment. By (Prior to Occupancy), Property Owner shall pay to City seventeen thousand five hundred dollars and zero cents ($17,500.00), for the installation of one (1) streetlight at Location. B. Consent to entry. Property Owner shall, and hereby does, Provide to the City perpetual consent and access to enter the Property for the purpose of inspecting or installing streetlights and related infrastructure. Except in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide Property Owner at least twenty- four(24)hours prior notice of such entry. Such notice may be verbal, written, or be posted at Location. II.COMMITMENTS BY CITY. A. Installation. City agrees to accept the amount set forth in this Agreement in lieu of requiring Property Owner to install the one (1) streetlight at Location. AGREEMENT To ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 1 B. Payment of additional expense for installation. Upon Property Owner's payment of the amount set forth herein, the requirement in C-NEW-2024-0025 to install the one (1) streetlight at Location shall be considered satisfied. City shall be responsible for any additional cost of installation of streetlights beyond the amount paid by Property Owner under this Agreement. III.GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. B. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: If to City: If to Property Owner: City of Meridian WHAT NXT, LLC City Clerk 6694 N Spurwing Lane 33 E. Broadway Ave. Meridian, ID 83646 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. C. Time is of the essence. The Parties 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 and default hereunder by the Party so failing to perform. D. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. E. 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 fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. F. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. G. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 2 i i thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. j H. Compliance with laws. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to streetlight installation and maintenance, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. I. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. J. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. K. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers the Effective Date first above written. Property Owner: WHAT-T4X , LLC Steve Eddy Owner CITY OF MERIDIAN: Attest: _ Robert E. Simison 5-13-2025 Chris Johnson 5-13-2025 Mayor City Clerk AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 3 Customer Receipt ERIDIA City of Meridian, Building Services Office ' N 33 E. Broadway Ave. Suite 102 Meridian, ID 83642 Building Services PH: 887-2211 / FAX: 887-1297 Planning - PH: 884-5533 / FAX: 888-6854 Date 04/25/2025 Application SURETY-2025-0033 Applicant PER - Fast Eddy's Chinden Applicant Address 3240 W Chinden Blvd Project Address 3240 W Chinden Blvd Fees and Receipts: Number Description Amount 1046520 Street Light Deposits $17,500.00 Total Fees: $17,500.00 168147 Check Check Number: 371 Payor: 3 B LLC $17,500.00 Total Receipts: $17,500.00 9 Balance Due: $0.00 THREE B LL.0 3240 W CHINDEN BLVD 371 MERIDIAN,ID 83646 98-7107/3233 29 ' 1 Date ,®CHECK f+AIW , Pay to the i Order of 4*,P)' 41Jt,/T W 711U/S�t✓v �l'� '�/cam --- ■/{�� Y !Dollars oepusft® t NNER j oei i9 an xk JJ � S { f B BANK 1-800-272-9933 i www.banmrbank.mm For 1: 3 233 ? 10 ?6I: 2906 1 118 25n® 0 3 ? 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement between the City of Meridian and Meridian Dairy & Stock Shows, Inc. for Meridian Dairy Days MEMORANDUM OF AGREEMENT: MERIDIAN DAIRY DAYS .r. This Memorandum of Agreement(hereinafter"Agreement")is made this 13th d y ofiMw�, 2025 (the"Effective Date"), by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho (hereinafter"City"),and Meridian Dairy& Stock Shows, Inc.,a non-profit organization organized under the laws of the State of Idaho (hereinafter"Organizer"). WHEREAS,Meridian Dairy Days has been celebrated in Meridian since 1929,and Organizer continues to uphold this historic legacy of community spirit, agricultural heritage, and building strong leaders for our future by supporting 4-H and Future Farmers of America in the Meridian area; WHEREAS,Meridian City Code section 3-4-5(F)(3)(b) authorizes the provision of City services necessary to support historic Meridian special events at no or reduced charge to the organizer, as established by written agreement; WHEREAS,Meridian City Code section 13-2-4(C)(1) states that no park reservation fee shall apply to Historic Meridian Special Events; WHEREAS,Meridian City Council finds that investing public funds in Organizer's event will enhance the Meridian community's quality of life, highlight a vital part of Meridian's history and future, and stimulate economic development by showcasing downtown Meridian; NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,and in consideration of the recitals above, which are incorporated herein,City and Organizer agree as follows: 1.CITY'S COMMITMENTS. A. Use of Park. At no charge to Organizer,City shall allow Organizer to host the historic Meridian special event known as Meridian Dairy Days ("Event")in City's Storey Park, located at 205 E. Franklin Road ("Park"), from June 19,2025 to June 21,2025,at the time,place,and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-25-0050. B. Parks &Recreation staffing. At no charge to Organizer, City shall provide services of Meridian Parks &Recreation Department personnel as needed to support the Event,including trash removal, janitorial services, and ongoing and on-call facility oversight and maintenance. C. Traffic control plan. City shall directly pay one(1)vendor, selected by Organizer,and approved by the Ada County Highway District, to provide a traffic control plan for the parade, for review and approval by the Ada County Highway District and Meridian Police Department,as well as barricades, cones, candles,and any other equipment necessary for vehicle and pedestrian traffic safety and control. City shall pay the vendor directly within thirty(30) days of receipt of vendor's invoice. MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 1 D. Meridian Police staffing. At no charge to Organizer, City shall provide services of Meridian Police Department personnel as needed to support the Event, primarily traffic and crowd control for the parade. E. Meridian Fire staffing. At no charge to Organizer,City shall provide services of Meridian Fire Department personnel as needed to support the Event, primarily available to provide emergency medical services for patrons of the parade. F. Application fee waived. City shall waive the temporary use permit application fee for TUP no. TUP-25-0050. G. Facility operation. City shall provide general maintenance, mowing, irrigation, and custodial services with regard to Park facilities, infrastructure, and vegetation. City shall provide all necessary utilities and services to Park facilities, including,but not limited to,electricity,potable water, sewage service, and/or typical waste and refuse removal. Il.ORGANIZER'S CommrrmENTS. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities,amenities,infrastructure,and/or vegetation is appropriate and reasonable. Organizer shall exercise best efforts to see that any and all use of Park,to the extent reserved by Organizer, is in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks and Recreation Department. B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer shall separately obtain and comply with each and all of the following permits, as required by law: 1. City of Meridian Temporary Use Permit for a Historic Meridian Special Event; 2. Any and all applicable licenses,permits,inspections, and/or certifications from the Ada County Highway District; 3. Any and all applicable licenses,permits,inspections, and/or certifications from the Central District Health Department;and 4. Any and all reservations, scheduling arrangements, and inspections required by the Meridian Parks and Recreation Department,Meridian Police Department, Meridian Fire Department, and Meridian Community Development Department,including,without limitation,permits,plan review,and inspections for any stage or other structure constructed for this event. C. Manner of Park use. Organizer's use of Park for Event shall be subject to all terms and conditions as set forth in this Agreement,in City of Meridian Temporary Use Permit no.TUP-25-0050,and any applicable laws and policies,including, without limitation,the Meridian Parks and Recreation Event Planners' Handbook. Such terms and conditions shall include, but shall not be limited to, the following: 1. Park is public property;the public must have general access to all open areas of Park at all times. 2. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities. 3. No smoking shall be allowed in Park. MEMoRANDuM of AGREEMEmr:MERIDIAN DAIRY DAYS PAGE 2 4. Used water,grease,charcoal, and other materials and supplies must be carried out of Park at the conclusion of Event, and may not be disposed of at Park. D. Insurance. Organizer shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organizer, Organizer's employees, and Organizer's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Event, including Event set-up and tear-down. Such insurance shall name City as additional insured,and shall afford at least one million dollars ($1,000,000.00) per person bodily injury,one million dollars($1,000,000.00) per occurrence bodily injury, and one million dollars($1,000,000.00)per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. E. Hot air balloon launch. Pursuant to the authority vested in the Director of the Parks and Recreation Department under Meridian City Code section 13-2-6(B)(2), Greg Ashton shall be allowed to launch a hot air balloon from Storey Park on June 21, 2025,between sunrise and 8:00 a.m.for one hour (including set-up and tear-down),and between sunset and 11:00 p.m. for one hour(including set-up and tear-down),subject to the following conditions: 1. This permission extends to Greg Ashton and his employees and agents only,and shall not be transferrable or assignable to any other individual. 2. Mr.Ashton and all of his employees and/or agents shall be properly licensed and certified to launch and pilot a hot air balloon. 3. Mr.Ashton shall submit proof of an insurance policy, naming the City of Meridian as an additional insured protecting himself and/or any employees and/or agents from all claims for damages to property and bodily injury,including death, which may arise from operations under or in connection with this permission. Such policy shall afford minimum limits of five hundred thousand dollars ($500,000.00)per person bodily injury,five hundred thousand dollars ($500,000.00)per occurrence bodily injury,and five hundred thousand dollars($500,000.00)per occurrence property damage. 4. Mr.Ashton and all of his employees, agents,and invitees shall follow all local,state,and federal laws and regulations. 5. Mr. Ashton shall provide plans and launch information to the Meridian Fire Department for review prior to launch. IV.GENERAL PROVISIONS. A. Notice. Communication between Organizer and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served,or mailed in the United States mail, or via e-mail, addressed as follows: City: Organizer: City of Meridian Hans Bruijn,President Attn: City Clerk Meridian Dairy &Stock Shows, Inc. 33 E. Broadway Avenue P.O. Box 862 Meridian, Idaho 83642 Meridian, Idaho 83680-0862 cityclerk@meridiancity.org bruijn@centurylink.net MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 3 B. No right to exclude conveyed. Use of Park under this Agreement shall include neither the right to exclude any law-abiding person from Park where such person is not unduly interfering with Organizer's use thereof,nor the right to interfere with any person's concurrent, lawful use of Park where such concurrent use does not conflict or interfere with Organizer's use. At all times Organizer shall be on an equal footing with the general public regarding its use of Park. Organizer shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. C. No agency. Neither Organizer nor Organizer's employees,agents, contractors,officials, officers, servants, guests,and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Park. D. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials,officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent,contractor, official, officer, servant,guest, and/or invitee,or any participant in or observer of Organizer programming,at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. E. No warranty. City makes no warranty or promise as to the condition,safety,usefulness,or habitability of the premises;Organizer accepts Park for use as is, both at the Effective Date of this Agreement and throughout the course of Event and all related activities. F. Compliance with laws. In performing the scope of services required hereunder,City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. G. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. H. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. I. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 4 this Agreement by either party;or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety,or welfare. 2. Process. Either party may terminate this Agreement by providing twenty-four (24) hours notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four(24)hour cure period shall commence upon provision of the notice of intention to terminate. If,upon the expiration of such cure period,cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e-mailing of notice of termination. J. Nonappropriation. Organizer acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this Agreement to the contrary,City's obligations under this Agreement shall be subject to and dependent upon appropriations being made by City Council for such purpose. K. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. L. Entire Agreement. This Agreement and Temporary Use Permit no.TUP-25-0050 contain the entire agreement of the parties and supersede any and all other agreements or understandings,verbal or written,whether previous to the execution hereof or contemporaneous herewith. M. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. N. Approval required. This Agreement shall not become effective or binding until approved by the respective governing boards of both Organizer and City. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. ORGANIZER: BY. ans Bruijn President, Meridian Dairy& Stock Shows,Inc. CITY OF MERIDIAN: Attest: BY: Robert E.Simison, Mayor 5-13-2025 Chris Johnson,City Clerk 5-13-2025 MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 5 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement between the City of Meridian and the Meridian Killer Whales Swim Team, Inc. for Use of Meridian Community Swimming Pool AGREEMENT WITH KILLER WHALES SWIM TEAM FOR USE OF MERIDIAN COMMUNITY SWIMMING POOL This AGREEMENT WITH KILLER WHALES SWIM TEAM FOR USE OF MERIDIAN COMMUNITY SWIMMING POOL ("Agreement") is made this_13th day of May 2025 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and the Meridian Killer Whales Swim Team, Inc., a non-profit corporation organized under the laws of the State of Idaho ("Team") (collectively, "Parties"). WHEREAS, City operates the Meridian Community Swimming Pool and related facilities, located at 213 E. Franklin Road, in Meridian, Idaho (the "Pool"), for the benefit of its patrons and for the purpose of encouraging its patrons to learn to swim both recreationally and competitively; WHEREAS,Team offers and operates a swim team; and WHEREAS,the Parties desire to enter into an agreement whereby Team can use the Pool for its swim team's practice and to host swim meets; NOW, THEREFORE, for and in consideration of the covenants and agreements herein contained and for other good and valuable consideration, including the above recitals, it is hereby agreed by and between the Parties as follows: I. TERM. The term of this Agreement shall be June 3, 2025 through July 19, 2025. II. RIGHTS AND RESPONSIBILITIES OF CITY. During the term of this Agreement, City shall have the following responsibilities and obligations. A. Use of Pool. City shall provide Team use of the Pool from 6:00 a.m. to 8:55 a.m. on Mondays, and 7:00 a.m. to 8:55 a.m., Tuesday through Friday, subject to City's right to staff the Pool office and conduct business, including business with the public other than use of the swimming pool (e.g., swimming lesson registrations). City shall also provide Team use of the Pool on Saturday, May 6, 2025 from 12:00 p.m. to 3:00 p.m. for tryouts. B. Lifeguards. City shall provide three (3) certified lifeguards for all Team swim practices and swim meets, at Team's sole expense, as set forth in section III.F, below. C. Operation of Pool. City shall be responsible for operation and maintenance of the Pool and its related systems. Team acknowledges that City's obligation to maintain the Pool may result in periods where Team's use of the Pool may be prohibited or restricted. D. Equipment storage. City shall provide an area for storage of Team's equipment. III.RIGHTS AND RESPONSIBILITIES OF TEAM. During the term of this Agreement, Team shall have the following responsibilities and obligations. MERIDIAN KILLER WHALES POOL USE AGREEMENT PAGE 1 A. Safety and regulations. All use of the Pool by Te un shall comply in all respects with this Agreement, with City's rules and regulations for use of Pool, and with City's safety and operating procedures at the Pool. At all tithes, Team shall follow all directions of the Pool Manager, pursuant to guidelines established by City. This provision shall apply to Team and each and all of Team's employees, volunteers, guests, invitees, and agents at all Team practices, meets, meetings, and social gatherings occurring at Pool. B. Swim practices. Team shall be entitled to the use of the Pool only for scheduled swim practices and swim meets, as scheduled with the Pool Manager, during the term of and subject to the provisions of this Agreement. Any other use of the Pool by Team, including, but not limited to, the Team's "End of Season Pool Party,"shall require payment of City's standard rental fee for the use of the Pool and payment for all necessary lifeguard services, as set forth in section 111.17, below. C. Documentation. Prior to allowing any swimmer to enter the water at the Pool. Team shall provide the following documents to City: 1. One liability release form, attached hereto as Exhibit A, signed by each prospective swimmer, including their parent or legal guardian if the swithmer is under the age of eighteen (18). and a liability release form for any Team member, coach, or other person who may or does enter the water during any Team swim practice session. 2. Proof of membership and certification of all of Team's coaches who are USA Swimming members, and have successfully completed the current year's Safety Training for Swim Coaches' training progrcun. including Head-first Entries and Racing Start Safety. 3. A list of all swimmers who are certified to perform a shallow racing start in four feet (4') of water, pursuant to USA Swimming rules. If this list changes daring the term of this Agreement, Team shall promptly provide City with an updated list. Team shall prohibit any swimmer from diving or making any racing start, whether from blocks or from the side of the pool, whether at practice or at a swim meet, in any area where the depth of the pool is four foot (4') less, unless such swimmer has current racing start certification under USA Swimming rules. Team shall ensure that all swimmers understand that starting or diving in the four-foot(4') section is only allowed at Pool at Team practice or swim meets. 4. Proof of insurance demonstrating coverage pursuant to the following provisions: a. Team shall purchase and maintain in force throughout the term of this Agreement a policy of general liability insurance covering the activities of Team pursuant or in the course of activities related to this Agreement, having a combined single limit of not less than one million dollars ($1,000,000)per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000.000) per accident or occurrence. MERIDIAN KILLER WHALES Pool-USE AGREEMENT PAGE 2 b. Team shall purchase and maintain in force throughout the term of this Agreement workers' compensation insurance on any and all persons in Team's employ,in the minimum amounts) as required by Idaho law. c. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Team name City as an additional insured. Team shall deliver proof of such insurance within fourteen (14) days of execution of this Agreement. .Failure of Team to renew or replace such insurance at least thirty (30) days prior to the expiration date of any policy required by this Agreement shall constitute a material default under the terms of this Agreement. D. Compliance with policy terms. Team shall not do or permit to be done any act or thing at the Pool which would (a)jeopardize or be in conflict with insurance policies required by this Agreement; (b) increase the rate of any insurance applicable to the Pool to an amount higher than it otherwise would be for the typical use of the Pool; or (c) subject City to any liability or responsibility for injury to any person or persons or to property by reason of any activity undertaken during Team's use of the Pool. E. Coaches CPR-certified. All of Team's coaches shall be certified in cardiopulmonary resuscitation("CPR"). Team shall allow absolutely no swimming in the Pool unless a CPR-certified swim coach, provided by Team, is present at all times. F. Payment for lifeguards. Within thirty (30) days of City's invoice. Team shall pay City for lifeguard services in the amount of the fee for such service as adopted by City fee schedule. G. Equipment storage. Team shall be responsible for providing, storing, securing. maintaining, and repairing Team's equipment. Team shall store equipment at the Pool only in the area designated for same by City, and only during the term of this Agreement, with the exception of the Team's lane line reel. which may be stored at Pool year-round, at the direction and election of City's Pool Manager. Team acknowledges that storing equipment at Pool carries risks, some of which may be unknown, and agrees to assume all known and unknown risks of such activity. H. No office use. Team shall ensure that no one, other than authorized employees of City, enters the Pool office unless expressly permitted by City's Pool Manager. I. Swim meets. Team may host up to three (3) swim meets at the Pool, on dates and at times as previously approved by City's pool manager. All swim meets shall be subject to the following conditions: MERIDIAN KILLER WHALES POOL USE AGREEMENT PAGE 3 1. Team shall pay City a set fee of one thousand two hundred dollars ($1,200.00)per swim meet. Payments to City for Pool rental shall be made by Team by August 19, 2025. 2. Team shall collect from all swim teams participating in any swim meet at the Pool proof of insurance in the amount set forth in section III.C.4, above, and shall provide such proof to the Pool Manager prior to the meet. Further, Team shall communicate to all teams participating in any swim meet at the Pool that any no swimmer may dive or making any racing start, whether from the starting blocks or from the side of the pool, in any area where the depth of the pool is four foot (4') or less, unless such swimmer has current racing start certification under USA Swimming rules. Team shall ensure that any individuals at swim meets,including,but not limited to, swim meet participants, spectators,judges, and coaches follow all safety and operating procedures at the Pool. 3. Only Pool staff, coaches, swimmers who are participating in the meet,judges, and timers shall be allowed on deck and/or in the locker rooms, from the begiuning of the meet to the end of the meet. All spectators, including non-competing Team members, shall remain on the exterior of the fence throughout the meet. J. indemnification. Team specifically indemnifies City and holds City harmless from any loss, liability, claim,judgment, or action for damages or injury to Team, to Team's personal property or equipment, and to Team's employees, volunteers,agents, guests, invitees. or members arising out of or resulting from the condition of the Pool or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Team further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the Pool by Team or by Team's employees, volunteers, agents, guests, invitees, or members and not caused by or arising out of the tortious conduct of City or its employees. Team's indemnification of City as set forth in this provision shall specifically include all claims, actions,judgments for damages, injury to persons and/or property, damages, losses and expenses, including City's reasonable attorney fees arising out of. or as a result of, any swimmer's dive or racing start,regardless of the actions of City. if any claim, suit or action is filed against City for any loss or claim described in this paragraph, Team. at City's option, shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. K. Exterior displays. Team shall not install, display, or use permanent or temporary exterior lighting, amplifiers, speakers, signs, flags; or other devices or medium which may be heard or seen outside the Pool, unless first specifically approved, in writing, by the Pool Manager. Such approval shall include a time limit, and may be revoked at any time, at Pool Manager's sole election. MERIDIAN KILLER WHALES POOL.USE AGREEMENT PAGE 4 IV.GENERAI,TERMS. A. Default or breach; cure; termination. If Team is in breach or default of any of the terms, covenants or conditions of this Agreement and Team fails or refuses to cure such breach or default within ten (10) days of City's written notice thereof, this Agreement, and all rights of Team in and to Pool, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Team's failure or refusal to cure, City may bar Team's access to the Pool, without prejudice to any and all other rights and remedies City may have. In the event of a termination by City, with or without cause, any fees due to City by Team under the terms of this Agreement through the time of termination shall remain payable by Team to City. The rights, privileges, elections and remedies of City set forth in this Agreement or allowed by law or equity are cumulative. and the enforcement by City of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. B. Force Majeure. In the event of damage to the Pool or unsafe conditions due to a Force Majeure, this Agreement shall be terminated upon mailing of notice by City. "Force M,k)eure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, pandemic, fire, flood, vandalism, accident, governmental act, threat to human health or safety, or other like events that are beyond the reasonable anticipation or control of the Parties. C. Notices. Day-to-day, informal communication with the Pool Manager shall occur by email or phone. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to Team: If to City: Meridian Killer Whales Swim Team, Inc. City Clerk, City of Meridian Attn: Lynlee S. Richards 33 East Broadway Avenue 4025 N. Cecina Place Meridian, Idaho 83642 Meridian ID 83646 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. D. No assignment. Team shall not, without first obtaining City's consent: (a) subcontract, sell, sublet, assign, mortgage, or transfer this Agreement or any interest herein; (b) allow the use or occupancy of the Pool by anyone other than Team. No assignment shall relieve Team of any liability under this Agreement, unless City consents in writing to accept such assignment as a whole or partial novation. E. Public venue. Team acknowledges that the Pool is a public place. To this end, all Team activities at Pool shill be appropriate for all ages, values, and sensibilities. Hosted activities, staff attire, decorations, signage, and entertainment shall not include language and/or behavior that is profane, obscene, violent, or discriminatory; shall not promote, foster, or perpetuate discrimination on the basis of race, creed, color, age, religion, MERID[AN KILLER WHALES POOL USE AGREEMENT PAGE 5 gender, sexual orientation, or national origin; shall not include defamatory or personal attacks, threats to any person or organization, or content that promotes, fosters, perpetuates, or incites conduct in violation of any federal, state or local law; content that violates a known legal ownership interest, such as a copyright, of any party; or any content that contains or perpetuates a message that Landlord deems to be inappropriate or not in the best interest of the City of Meridian. F. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the course of Team's use, occupancy, or enjoyment of the Pool. G. Attorney fees. In the event of any litigation between the Parties concerning this Agreement., the unsuccessful party in such litigation shall fully reimburse the prevailing party for all reasonable costs and expenses, including reasonable attorney's fees, incurred in such litigation. H. Applicable law; nonappropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution.Team acknowledges that City is a governmental entity,and the validity of this agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. I. Compliance with laws. Throughout the course of this Agreement. Team and each and all of Team's employees, volunteers, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. J. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other agreements.or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Agreement have been made to Team. In entering into this Agreement, Team relies upon no statement, fact, promise or representation. whether express or implied, written or oral, not specifically set forth herein in writing. This Agreement may not be amended, niodifred,altered,or changed in any respect whatsoever, except by further agreement in writing duly executed by the Parties. MERIDIAN KILLER WHALES POOI.USE AGREEMENT PAGE 6 11/1. Warranty of authority. Each party to this Agreement represents and warrants that the execution. delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and upon execution shall be a valid and binding obligation upon the Parties. N. City Council approval required. The validity of this Lease shall be expressly conditioned upon City Council action approving same. IN WITNESS WHEREOF, the Parties have executed this Agreement on the.Effective Date first above written. TEAM: Meridian Killer Whales Swim Team, Inc. Celeste Blackburn, President CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 5-13-2025 Chris Johnson, City Clerk 5-13-2025 MERIDIAN KILLER WHALES POOL USE.AGREEMENT PAGE 7 EXHIBIT A LIABILITY RELEASE FORM MERIDIAN KILLER WHALES POOL USE AGREEMENT PAC F.h (�M� EgI Meridian Parks and Recreation Department LIABILITY RELEASE FORM In consideration of my/my child's use of the Meridian Community Swimming Pool and related facilities,located at 213 E. Franklin Road, in Meridian, Idaho(the"Pool''), I acknowledge and understand that each and all of the following terms and conditions will apply to such use: My/my child's use of and participation in activities conducted at the Pool is conditioned at all times INITIAI. upon my/my child following all applicable rules, regulations,laws, and City of Meridian policies. I acknowledge that my/my child's use of the Pool carries risks,some of which are unknown, and INITIAL with that knowledge do assume all known and unknown risks and hazards of such use. I acknowledge that the Pool is provided for this use on an as-is basis. Prior to participating in or INITIAL allowing my child to participate in any class, practice session. clinic. meet.competition,or any other activity at the Pool, I will inspect the Pool facilities and equipment,and if anything is deemed unsafe or beyond my/my child's capability, I/my child will not participate in such activities or otherwise use the Pool. I assume sole responsibility for any and all injuries or damage caused by,incurred by, or related to INITIAL my/my child's use of the Pool that is not attributable to the tortious conduct of the City of Meridian or its employees. I release from liability, and indemnify and hold harmless the City of Meridian and its employees, INITIAL agents. and officers. for any injury. death, property loss, theft. or property damage in connection with, at,or in any way arising out of, my/my child's use of the Pool that is not attributable to the tortious conduct of the City of Meridian or its employees. I acknowledge that activities undertaken at the Pool will include physical activity,contact with INITIAL, others,slippery surfaces, diving in shallow water,noise,and other hazards,some of which are unknown, and that I bear sole responsibility for verifying that such activities are appropriate for my/my child's physical and mental condition. I understand that the City of Meridian provides and will provide no insurance or benefit coverage of INITiAI. any kind for injury,death,property loss,theft, or property damage resulting from or related to my/my child's use of the Pool. I have had time to read and understand all of the above conditions and terms. My signature below iNiTiAI. signifies that I consent to these terms on behalf of myself/my child and wish to use the Pool pursuant to these terms and conditions. I understand that by signing this agreement, I cannot later bring a claim against the City of Meridian or its employees. Signature: Print name: Date: Phone: E-mail: Check one: O Pool user is 18 or older 0 Pool user is under 18; parent/guardian is signing. Pool user name_ E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Subrecipient/Beneficiary Grant Agreement between City of Meridian and Ada County- Emergency Management Subgrant AGREEMENT NO. 30773 SUBRECIPIENT/BENEFICIARY GRANT AGREEMENT )9&  !"-#$%&'&$()*"$($+&%&#,-#$$.$():;<=>?@==A=B;CDEFAGH=GBH=B;=@=H 2025 May 13th into this ___ day of ___________, ________, by and between Ada County, a duly formed and existing County pursuant to the laws and Constitution of the State of Idaho, as a subrecipient of the Idaho Office of $A=@?=BTK.GBG?=A=B;M:>%IPB;KCDGBH%E;KIL.=@EHEGB:>"=B=LETEG@KCD7 W I T N E S S E T H: WHEREAS, County is authorized and required by Idaho Code § 46-1009 to maintain a County wide disaster preparedness agency; WHEREAS, in furtherance of those duties County has received grant # 2022, 2023, and 2024 SHSP State Homeland Security Program (SHSP) grant from the pass-through entity Idaho Office of $A=@?=BTK.GBG?=A=B;:>&6$.CDLI@;<=SP@SIF=ILEASQ=A=B;EB?F;@G;=?E=F;IGHH@=FFEH=B;ELE=H planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and @=TI\[=@L@IABG;P@GQGBHI;<=@TG;GF;@IS<ET=\[=B;FMGTISKILO<ET<EFG;;GT<=HGF$R<ENE;>ZC WHEREAS, County desires to build and sustain regional core emergency management capabilities across the prevention, protection, mitigation, response, and recovery mission areas, more specifically set LI@;<EB$R<ENE;>"CG;;GT<=H<=@=;IGBHNK;<EF@=L=@=BT=EBTI@SI@G;=H<=@=EBZGBH%IPB;KTIBTP@F;<G; regional core capabilities and capability targets are not exclusive to any single level of government or organization, but rather require the combined efforts of the whole community. WHEREAS, Beneficiary desires to enter into this Agreement with County to build and sustain regional core emergency management capabilities while ensuring compliance with state and federal grant requirements. NOW, THEREFORE, the parties agree as follows: 1.REGIONAL CORE CAPABILITIES PURPOSE. County and Beneficiary agree that project funding and distribution will be based on building or sustaining high priority regional core capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks. Beneficiary shall allow use of grant purchased equipment in support of emergency management functions, consistent with existing mutual aid or resource sharing agreements, for any local government member of Ada City County SUBRECIPIENT/BENEFICIARY AGREEMENT - 1 3/14/2025 $A=@?=BTK.GBG?=A=B;:>%%$.CDI@;<=E@\[G@EIPFSPNQETI@S@E\[G;=F=T;I@SG@;B=@FOE;<=A=@?=BTK management missions. 2.APPLICATION. County agrees to authorize Beneficiary to apply to County for project funding to build or sustain regional core capabilities to include planning, training, exercises, and equipment. Beneficiary shall utilize the Ada County Grant Project Application (GPA) form, as provided by County, and Beneficiary will include core capability targets (measurable objectives) for each request. All completed GPAs will be submitted to Ada County Emergency Management. The Director will review GPA for completeness deliver to the Emergency Management Executive Council and Ada County Board of County Commissioners for consideration. 3.COMPLIANCE WITH TERMS OF GRANT. Beneficiary shall comply with the Standard Terms and Conditions of Exhibit A for so long as Beneficiary is possessed of property purchased with funds provided pursuant to this Agreement. This covenant shall survive the termination of this agreement. 4.TERM. This Agreement is to be effective for the period beginning on the date of execution of this Agreement through October 1, 202 This agreement may be renewed for three additional one fiscal year terms by a mutually executed writing. 5.DEFAULT. Upon default, the County or Beneficiary may cancel this Agreement without any notice and may pursue any and all legal, equitable, and other available remedies. Default occurs if the County or Beneficiary fails to perform any of the covenants, conditions, or services of this Agreement and such defects in performance are not cured within ten (10) working days after receipt of written notice of default. 6.INDEPENDENT CONTRACTOR STATUS. It is understood and agreed that the relationship between the County and the Beneficiary hereby created is that of an independent contractor, and this agreement is not deemed one for employment of Beneficiary by the County. As such, it is understood and agreed that the County is not responsible for social security, retirement, or other employment benefits or obligations on behalf of the Beneficiary. 7.STATUS REPORT. Beneficiary agrees to keep County informed of Beneficiary's progress against the core capability targets throughout the term of this Agreement in a manner and at such times as both Beneficiary and County shall agree. SUBRECIPIENT/BENEFICIARY AGREEMENT - 2 3/14/2025 8.CONFIDENTIALITY. Both parties agree to maintain confidentiality of all information utilized or gained in performing the Contracted Services to the extent such information is exempt from disclosure under Federal or State law, rules, or regulations. 9.FISCAL RECORDS. Beneficiary agrees to maintain all fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, for a period of three (3) years from the date of the final expenditure report submitted by the IOEM. These records shall at all times be available for and subject to inspection, review, or audit and copying by the County and any person duly authorized by the County at all reasonable times. 10.VIOLATION OF AGREEMENT OR GRANT TERMS. When federal, state or County audits indicate noncompliance by the Beneficiary to meet the applicable federal regulations or state rules, the Beneficiary shall return or refund and pay to the IOEM any equipment/asset acquired or training provided, plus costs, including audit costs, arising from the Beneficiary's ineligible or improper receipt or use of federal funds. 11.NOTICES. If notice shall be required under any terms of this Agreement, notice shall be sent by certified mail to: County: Ada County 200 W. Front Street Boise, ID 83702 Beneficiary:City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 12.SINGLE AUDIT ACT. Beneficiary agrees to comply with the provisions of OMB Circular A-133 which sets forth audit requirements of states, local governments, and non-profit organizations. 13.COMPLETE AGREEMENT. This Agreement is the full and complete agreement of the parties hereto. This Agreement may be modified or amended only if such modification or amendment is in writing and subscribed to by both County and Beneficiary. 14.USE, MANAGEMENT, AND DISPOSITION OF PROPERTY PURCHASED UNDER THIS AGREEMENT. The Beneficiary hereby agrees to comply with the Standard Terms & Conditions set forth in Exhibit A and the below regulations regarding use, management, and disposal of Property purchased under this Agreement: SUBRECIPIENT/BENEFICIARY AGREEMENT - 3 3/14/2025 a. Definitions: E7>$VPESA=B;CGFH=LEB=HEB3%+#344711A=GBF;GB?ENQ=S=@FIBGQS@IS=@;K (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. EE7>%GSE;GQGFF=;FCGFH=LEB=HEB3%+#344703A=GBF;GB?ENQ=I@EB;GB?ENQ=GFF=;F used in operations having a useful life of more than one year which are capitalized in accordance with GAAP. Capital assets include: (a) Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by purchase, construction, manufacture, lease-purchase, exchange, or through capital leases; and (b) Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance). EEE7>%IASP;EB?H=\[ET=FCGFH=LEB=HEB3%+#344734A=GBFAGT<EB=FPF=H;IGTVPE@=M store, analyze, process, and publish data and other information electronically, EBTQPHEB?GTT=FFI@E=F:I@>S=@ES<=@GQFCDLI@S@EB;EB?M;@GBFAE;;EB?GBH@=T=E\[EB?MI@ storing electronic information. E\[7>-=B=@GQSP@SIF==VPESA=B;CGFH=LEB=HEB3%+#34472dA=GBF=VPESA=B;O<ET< is not limited to research, medical, scientific or other technical activities. Examples include office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, and motor vehicles. \[7>&BLI@AG;EIB;=T<BIQI?KFKF;=AFCGFH=LEB=HEB3%+#34475dA=GBFTIASP;EB? devices, ancillary equipment, software, firmware, and similar procedures, services (including support services) and related resources. \[E7> S=TEGQSP@SIF==VPESA=B;CGFH=LEB=HEB3%+#3447dYA=GBF=VPESA=B;O<ET< is used only for research, medical, scientific, or other technical activities. SUBRECIPIENT/BENEFICIARY AGREEMENT - 4 3/14/2025 Examples of special purpose equipment include microscopes, x-ray machines, surgical instruments, and spectrometers. \[EE7> PSSQE=FCGFH=LEB=HEB3%+#3447Y2A=GBFGQQ;GB?ENQ=S=@FIBGQS@IS=@;KI;<=@ than those defined in § 200.33 Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. b. Use: i. Equipment must be used by the Beneficiary in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award, and the Beneficiary must not encumber the property without prior approval of the Federal awarding agency. See 2 CFR 200.313(c)(1). ii.Equipment must be made available, during the time that equipment is used on the project or program for which it was acquired, for use on other projects or programs currently or previously supported by the Federal Government, provided that such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Use for non-federally-funded programs or projects is also permissible. User fees should be considered if appropriate. See 2 CFR 200.313(c)(2). iii.Beneficiary must not use equipment acquired with the Federal award to provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains an interest in the equipment. See 2 CFR 200.313(c)(3). iv. When acquiring replacement equipment, the Beneficiary may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the SUBRECIPIENT/BENEFICIARY AGREEMENT - 5 3/14/2025 cost of the replacement property. Replacement Equipment shall be subject to the same restrictions and covenants as are provided in this Agreement. v. Upon termination of this Agreement through default or other earlier termination, the Beneficiary shall return to County all Property/Equipment purchased with grant funds. c. Management Requirements: i.Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. ii.A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. County will distribute to "=B=LETEG@KGTISKILE;FQGF;S@IS=@;K@=SI@;LI@"=B=LETEG@KhF@=TIBTEQEG;EIBGBH update. The reconciliation including condition and location of all Equipment must be provided to the Ada County Director of Emergency Management promptly after completion, but in any event by December 31 of the calendar year in which the task is to be completed. iii. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. The Director of the Ada County Emergency Management Department shall conduct random audits at such times as he or she may designate for compliance with the terms of this Agreement. The Director of the Ada County Emergency Management Department may conduct other audits with the permission of the Board of Ada County Commissioners. Beneficiary shall comply with all reasonable audit requests of the Director of the Ada County Emergency Management. SUBRECIPIENT/BENEFICIARY AGREEMENT - 6 3/14/2025 iv.Adequate maintenance procedures must be developed to keep the property in good condition. At all times relevant herein, Beneficiary shall be responsible for maintaining Property/Equipment in good and operating condition. v. If Beneficiary is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. vi.Disposition When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the non-Federal entity must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instructions: vii.Items of equipment with a current per unit fair market value of $5,000 or less may be retained, sold or otherwise disposed of with no further obligation to the Federal awarding agency. viii .Except as provided in §200.312 Federally-owned and exempt property, paragraph (b), or if the Federal awarding agency fails to provide requested disposition instructions within 120 days, items of equipment with a current per-unit fair- market value in excess of $5,000 may be retained by the Beneficiary or sold. The County is entitled to an amount calculated by multiplying the current market value I@S@IT==HFL@IAFGQ=NK;<=%IPB;KhFS=@T=B;G?=ILSG@;ETESG;EIBEB;<=TIF;IL;<= original purchase. If the equipment is sold, the County may permit the Beneficiary to deduct and retain from the County share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. See 2 CFR 200.313(c)(5). The County will forward all funds received from Beneficiary as a result of equipment sale or other disposition to the awarding agency. 15.INDEMNIFICATION. Beneficiary shall defend, indemnify, and hold the County, its officers, agents, and employees harmless for all claims, losses, actions, damages, judgments, costs, expenses, and/or injuries to persons or property arising out of or in connection with any activities, acts, or SUBRECIPIENT/BENEFICIARY AGREEMENT - 7 3/14/2025 omissions of Subawardee, its officers, agents or employees. In the event County is alleged to be liable on account of any activities, acts, or omissions of Beneficiary, its officers, agents or employees, then Beneficiary shall defend such allegations through counsel chosen by County and Beneficiary shall bear all costs, fees, and expenses of such defense, including, but not limited to, all attorney fees and expenses, court costs, and expert witness fees and expenses. 16.CHOICE OF LAW: This Agreement and its performance shall be construed in accordance with and governed by the laws of the State of Idaho, with venue for any action brought pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho. 17.THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. SUBRECIPIENT/BENEFICIARY AGREEMENT - 8 3/14/2025 DATED the day and year first above written. Board of Ada County Commissioners _____________________________________ By:Rod Beck, Commissioner _____________________________________ Ryan Davidson, Commissioner _____________________________________ Thomas Dayley, Commissioner ATTEST: _____________________________________ Trent Tripple, Ada County Clerk City Of Meridian Beneficiary: __________________________ _____________________________________ Robert E. Simison, Mayor 5-13-2025 Name: _______________________________ ________________________________ Chris Johnson, City Clerk 5-13-2025 SUBRECIPIENT/BENEFICIARY AGREEMENT - 9 3/14/2025 EXHIBIT A \[2022, 2023, and 2024 SHSP\] State Homeland Security Program Grant SUBRECIPIENT/BENEFICIARY AGREEMENT - 10 3/14/2025 Docusign Envelope ID:066DE59D-0398-4468-8FE3-4A68CB769B87 Agreement No. 30292 - - Idaho Office of Emergency Management Exhibit A 2024 Subrecipient Agreement for Ada County Date of Award September 19, 2024 1. Subrecipient Name and Address 2. Prepared by:Magdaleno, Luis 3. Award Number: 24SHSP001 4, Federal Grant Information Federal Grant Title: State Homeland Security Grant Program Ada County 7200 Barrister Dr. Federal Grant Award NumberlCFDA Number: EMW-2024-SS-05016197.067 Boise, ID 83704 Federal Granting Agency: Grant Programs Directorate Federal Emergency Management Agency U.S. Department of Homeland Security S. Award Amount and Grant Breakdowns Subrecipient Unique Identifier(DUNS): 092031459 2024 State Homeland Security Program Award Amount This Action: $591,613.13 Performance/ Budget Period: Total Award Amount: $591,613.13 Sep 19, 2024 through Feb 28, 2027 6. Requirements: This Subaward is approved subject to such conditions or limitations as are set forth on the following pages of this document and in the General Terms and Conditions sent to support the State Homeland Security Grant Program. This is a not a Research &Development Subaward. Subrecipionts must give the Idaho Office of Emergency Management(IOEM), Department of Homeland Security(DHS)and auditors access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. The Subrecipient certifies that the subrecipient and its'contractors/vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Debarred and Suspended list at htt llwww.sam. ov. The Subrecipient certifies compliance with the 2CFR200 Subpart F—Audit Requirements and Idaho State Code 67.450B—Independent Financial Audits of Local Governmental Entities—Filing Requirements. The Subrecipient certifies the indirect cost rate for the Federal Award (including if the de minimis rate is charged)per§200.414. Acceptance of subaward certified compliance with requirements detailed above and to the attched Terms and Conditions 7. Special Conditions:If an extension is required due to extenuating circumstances,contact your Area Field Officer(AFO)or the Idaho Special Teams Manager. Ii Agency Approval Approving IOEM Official: Signature of IOEM Officiat: Brad Richy, Director'` Idaho Office of Emergency Management Date: (208) 2 5 8-6 5 0 1 1 , Subrecipient Acceptance 9. Subreci 4 ptance I have read and understand the attached Terms and Conditions. Signature certifies compliance with requirements detailed on Subaward subrecipient agreement. Print name and title of Authorized Subrecipient official: Signature of Authorised Sub&ecipient Official: ocu8yned y: Rod Beck Chair 10. Enter Employer Identification Number (EIN) 1 Federal Tax Identification Number: 11. Date Signed 1/8/2025 1 9:30 AM M T 12. DUE DATE: T Docusignedby: Signed award must be returned to IOEM on or before the above due date. F 1/8/2025 110:28 A Trent Tripple, Ada County Clerk Docusign Envelope ID:06BDE59D-0398446MFE3-4A68GB769B87 MEMORANDUM OF UNDERSTANDING Between The State of Idaho, Office of Emergency Management And Ada County Regarding the use of FY 2024 Homeland Security Grant Program Funding 1 . Parties. The parties to this Agreement (Agreement or MOU) are the State of Idaho, Office of Emergency Management (IOEM) and Ada County, referred to as "subrecipient". 2 . Authority. This agreement is authorized under the provisions of Title 46, Chapter 10 Idaho Code. 3 . Purpose. The purpose of this Agreement is to set forth terms by which the IOEM shall expend FY 24 State Homeland Security Grant Program (SHSP) funds on behalf of the subrecipient. On September 19, 2024, the United States Department of Homeland Security issued grant number EMW-2024-SS-05016 to the State of Idaho. Under this grant award, the State of Idaho, Office of Emergency Management must allocate grant funding to local jurisdictions. Based on the SHSP grant guidance issued by The Department of Homeland Security (DHS) and Federal Emergency Management Agency (FEMA), the subrecipient may authorize IOEM to 1) obligate and pay vendors directly for equipment purchases and 2) retain funding at the state level and provide project management for the 4 below identified priority areas at the state level as required by the Homeland Security Notice of Funding Opportunity (NOFO). 4. Required Investment in Priority Areas. In assessing the national risk profile for FY 2024, the DHS and the FEMA have determined six priority areas that attract the most concern. And due to the unique threats that the nation faces in 2024, DHS and FEMA have specific percentages of SHSP funds required for each area, for a total of 30 percent of the grant award. The following are the six priority areas for FY 2024, along with the corresponding percentage of Idaho SHSP funds that are to be utilized for each priority area to obtain a full allocation of SHSP funds: a . Enhancing the protection of soft targets / crowded spaces — 5.50 percent b . Enhancing information and intelligence sharing and analysis — 5 percent c. Combating domestic violent extremism — 5 percent d. Enhancing cybersecurity- 4.50 percent e . Enhancing community preparedness and resilience — 7 percent f. Enhancing election security — 3 percent As IOEM is required to pass 80 percent of the FY24 SHSP award to local jurisdictions (IOEM retains 20 percent), the cost share between IOEM and local jurisdictions to satisfy the National Priority Area spending requirements is proportional to the IOEM allocation (20 percent) and local jurisdiction allocation (80 percent). 5 . Idaho's Investment Priorities Docusign Envelope ID:06BDE59D-0398-4468-SFE3-4A68GB769687 a . Priority Area — Enhancing Election Security This priority area includes partnering with the Secretary of State's office and other local, state and federal partners to increase safety and security around Idaho's statewide elections. Projects include creating election data boards, monitoring polling stations, planning and training to prevent and respond to any issues disrupting free and fair elections. Cost Breakout: State Share of expected project costs: $33,379 Local Share of expected project costs (statewide): $98,561 Total expected project costs: $131,940 b . Priority Areas —Enhancing Information and Intelligence Sharing and Analysis, and Combating Domestic Violent Extremism (DVE) The Fusion Center's mission includes collecting, analyzing, and disseminating threat information. The funds support leadership, specialized analysts, web crawling software, subscriptions, and training. Another feature of the Idaho Fusion Center is the Fusion Liaison Officer program, which contributes significantly to local law enforcement officials receiving critical intelligence regarding suspicious activity reports. Funding also addresses threats related to domestic violent extremism and drug and human trafficking, sustaining Idaho's capacity to collect, analyze, and share terrorist threat information. Cost Breakout: State Share of expected project costs: $106,886 Local Share of expected project costs (statewide): $327,206 Total expected project costs: $434,092 6. Responsibilities. a . IOEM: The IOEM will provide SHSP grant fund management on behalf of the subrecipient for: i. Equipment purchased at the subrecipient level. I . Equipment purchases must be authorized and fit within the scope of the SHSP grant. 2 . Obligations and payments for qualifying equipment may only occur during the period of this SHSP grant award and any subsequent approved extensions of this grant award. ii.Provisional funds and project execution for the required Enhancing Community Preparedness and Resilience investment. b .Subrecipients: the duly authorized subrecipient official (elected official or authorized delegate): i. Has read and understands the Homeland Security Grant Program Guidance and Standard Terms and Conditions ii. Authorizes the IOEM to obligate and expend Homeland Security Grant Program funds in accordance with this MOU. Approving Officials Docusign Envelope ID:06BDE59D-0398-4468-BFE3.4A68CB769B87 Brad Richy, IOEM Director :Rod Beck, Commissioner 4040 Guard Street, Bldg. 600 Ada County Boise, ID 83705 200 W. Front St. (208)422-3040 Boise, ID 83702 Other Provisions. Nothing in this Agreement is intended to conflict with current laws or regulations of the State of Idaho or any subrecipient jurisdiction. If a term of this agreement is inconsistent with such authority, then the term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 7- Point of contact: The point of contact for Ada County regarding emergency management is: Joe Lombardo, Deputy Director 8 . Effective Date. The terms of this agreement will become effective upon signing by the parties. 9 . Modification. This agreement may be modified upon the mutual written consent of the parties. 10. Termination. The terms of this agreement in its original form, or if modified with the consent of both parties, will remain in effect until the end of the grant period. 11 . State officials and employees not personally liable. It is agreed by and between the Parties hereto that, in no event, shall any official, employee or agent of the Lessor be in any way personally liable for any covenant or agreement herein contained, whether expressed or implied. 12. Sovereign Immunity. Nothing contained herein shall be deemed to constitute a waiver of the State's sovereign immunity, which immunity is hereby expressly reserved. 13 . Binding Effect. This agreement is binding upon and will run to the benefit of the heirs, executors, administrators, successors and assigns of the parties. Approved by: Attested By: oowegow er. uetpn by: 1/8/2025 1 9:30 AM MST re,7� 1/8/2025 1 10:28 f 6n3]3F�E9FAFulB 672111M88 Rod Beck [date] Trent Tripple, Clerk Commissioner Docusign Envelope ID:06BDE59D-0398-4468-8FE3-4A68CB769B87 .�2f' I �2 2- Brad Richy [date] IOEM Director rbr OOOq s�ksp fit ��� 2024 DHS Terms and Conditions The Fiscal Year (FY) 2024 Department of Homeland Security (DHS) Standard Terms and Conditions apply to all new federal awards of federal financial assistance (federal awards) for which the federal award date occurs in FY 2024 and flow down to subrecipients unless a term or condition specifically indicates otherwise. For federal awards that may involve continuation awards made in subsequent FYs, these FY 2024 DHS Standard Terms and Conditions will apply to the continuation award unless otherwise specified in the terms and conditions of the continuation award. The United States has the right to seek judicial enforcement of these terms and conditions. All legislation and digital resources are referenced with no digital links. These FY 2024 DHS Standard Terms and Conditions are maintained on the DHS website at https://www.dhs.gov/publication/fyl5-dhs- standard-terms-and-conditions. A. Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non- Construction Programs, or OMB Standard Form 4240 Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the federal awarding agency. B. General Acknowledgements and Assurances Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations.. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or federal awarding agency program guidance. V.Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made. Recipients must submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homel and Security Page 6 OF 13 The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. C. Standard Terms & Conditions I. Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds. II. Activities Conducted Abroad Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals. III. Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. IV. Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and Ill of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. V.Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. VI. Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 7. VII. Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Page 7 OF 13 Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. IX. Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X..Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). XI. Duplicative Costs Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions. XII. Education Amendments of 1972 (Equal Opportunity in Education Act)- Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 19. XIII. E.O. 14074 - Advancing Effective. Accountable P icing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. XIV. Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Page 8 OF 13 Pub. L. No. 94-163 (1975) (codified as amended at42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. XV. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) XVI. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) XVII. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513. KVIII. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List I US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. XIX. Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a. XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VIA Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Page 9 OF 13 XXII. Lobbing Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL). KXIII. National Environmental Polices Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. XXIV.Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. XXV. Non-SuIplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. XXVI.Notice of Funding_Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. :XVII. Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401 . 14. KVIII. Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 Page 10 OF 13 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. KXIX. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XXX.Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. KXXI. Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. :XXII. Required Use of American Iron, Steel, Manufactured Products. and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: I . all iron and steel used in the project are produced in the United States-this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2 . all manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3 . all construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Page 11 OF 13 Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. a . When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: 1 . applying the domestic content procurement preference would be inconsistent with the public interest; 2 . the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or 3 . the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference. KXIII. SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment CISA. XXIV. Terrorist Financing Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws. ;XXV. Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106- 386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175. 15, the full text of which is incorporated by reference. XXVI. Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Page 12 OF 13 Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. :XVII. USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. XVIII. Use of DHS Sea. Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. KXIX. Whistle blower Protection Act Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.0 § 470141 U.S.C. § 4712. Page 13 OF 13 Exhibit B SHSP Subaward Guidance 12024 APPENDIX A- Mission Areas&Core Capabilities Investment Guide ProtectPrevent Mitigate Respond Recover Planning Public Information&Warning Operational Coordination Intelligence&Information Sharing Community Infrastructure Systems Resilience Long-Term Economic Interdiction&Disruption Vulnerability Critical Transportation Recovery Reduction Risk&Disaster Environmental Health& Screening,Search,&Detection Resilience Response/Health& Social Services Assessment Safety Forensics& Access Control& Threats&Hazards Fatality Management Housing Attribution Identity Verification Identification Services Fire Management& Natural& Cybersecurity Cultural Suppression Resources Physical Protective Logistics&Supply Measures Chain Management Risk Management for Protection Programs Mass Care Services &Activities Supply Chain Integrity Mass Search& Rescue &Security Operations On-Scene Security, Protection&Law Enforcement Operational Communications Public Health, Healthcare & Emergency Medical Services Situational Assessment Page 11 July 12,2024 Exhibit A C7y-ny�-- NC. 22Cl AGREEMENT NO. Idaho Office of Emergency Management 2022 Subrecipient Agreement for Ada County Date of Award September 1, 2022 1.SubreelPlent Name and Address 12. Prepared by:Wasaom,Karla 13.Award Number:22SHSPOOI 4. Federal Grant Information Federal Grant Title: Stele Homeland Security Grant Program Ada county 7200 Barrister Or. Federal Grant Award Numbar/CPDA Number: EMW.2022-SS-00109197.067 Boise,ID 83704 Federal Granting Agency: Grant Programs Directorate Federal Emergency Management Agency U.S.Department of Homeland Security S Award Amount and Grant ersskdowns Subreciplenf Unique Ida ntifie r(DUNS): 092031/59 2022 State Homeland Security Program Award Amount This Action: $604.814.73 Performance/ Budget Period: Total Award Amount: $604,814.73 Sep 1, 2022 through Feb 28, 2025 6.gFeutramaatu This Subaseard Is approved subject le ouch condaioro or hiriletgn.as Fe set forth on the fa6ostbq penes or Iks document and in sheGeneral Term and C.ndllione..of Ile euppmt the State Hdoalil Security Giant Pro,,...This I..a not a Rseserch a D...Meant Subsistent Subrxrinihx must IN. NO Idaho Ome or Emergency M.nanement(IOEM).One"Reenl or Homeland Sessu lly(OHS)and audnorr aces.1.and the nghl to etamlhe and copy iacoms,.ccouriu.end am.,dacumanb and.OWee of information rderad to the pent end pil access to fird'A 0,personnel,and other Individuals and infdrmaell as may be necatarry,e.rebutted by OHS r"ithums and other .pphcebi.ins Of program auditors Tn.Subs.0mol cedine.Ina,to.aubreduenl and it.-cone.clelslvsndor.are not fir...nny debamaa,msp.thin,proposal ter Tenuous,dedii Nolob1e nil eotunfli srtluded by any federal depenmenl pr.0.11.10 do not ap,..f In Ilu Debarred and Suspended till of tiltillower.ism they. The Subreciphou uMile.rbfroft .with Ina nCFRtao Subpart F-AWd Rebuuements and Idaho Slate Coda 67.4506-Independent Financial Audne of Limit Gowmmentel Enubes—Flbnn Resuia nimt. The SubiaGphim ceNdu.(be harp l cos,rate for the Patent Award luchninn if the de m nmrl.fall la rhinoihl per g sin al.. Arcaptande of subaw rd ceNnad cil..ra eXn rasubemanls studied above erw te the inithed Terms end Condition. 7. Special Conditions:If an extension is rabwAd due to extenuating OrNmstene.,canted your Area Field Officer(AFO)or Ina Idaho Special Terms Menegrt. a, Agency Approval - Approving loEM Official: Signature of IOEM Official: Brad Richy, Director Idaho Office of Emergency Management Data: (208) 2 5 8-6 5 0 1 ea.L:)� �pv a0aa- 0. 8ubrtafpl•nt Acceptance 1 have road and understand the attached Terms and Conditions. Signature eertieoa mplbnee with requirements detailed on subaward subreclpient agreement. Print name and title of Authorlaed Subreeiplant official: Signal • uth d au he ant Official; L ^c 70 10. Enter Employer Identific tion Number(EIN)I Federal Tax Identiflp on umber: 11. Date Signed 12.DUE DATE: I Signed award must be returned to IOEM on or before the above due date. ATTEST: Phil 4c ten rAds, un Clerk •��r��-�iJTrro. ISL: `I- �-�- ZZ MEMORANDUM OF UNDERSTANDING Between The State of Idaho, Office of Emergency Management and Ads County Regarding State Use of 2022 Homeland Security Grant Program Funding I .Parties. The parties to this Agreement (Agreement or MOU) are the State of Idaho, Office of Emergency Management (IOEM) and Ada County, referred to as "subrecipient". 2.Authority. This agreement is authorized under the provisions of Title 46, Chapter 10 Idaho Code. 3.Purpose. The purpose of this Agreement is to set forth terms by which the IOEM shall expend FY 22 State Homeland Security Grant Program (SHSP) funds on behalf of the subrecipient. On September 1, 2022 the United States Department of Homeland Security issued grant number EMW-2022-SS-00109 to the State of Idaho. Under this grant award, the State of Idaho, Office of Emergency Management must allocate grant funding to local jurisdictions. Under this SHSP grant award, the subrecipient may authorize the IOEM to 1) obligate and pay vendors directly for equipment purchases and 2) retain funding at state level and provide project management for the 2 below identified priority areas at the state level as required by the Homeland Security Notice of Funding Opportunity (NOFO) 4.Required Investment in Priority Areas. in assessing the national risk profile for FY 2022, the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) has determined six priority areas attract the most concern. And due to the unique threats that the nation faces in 2022, DHS/FEMA has determined that at least four of these six priorities should be addressed by allocating specific percentages of SHSP funds to each area, for a total of 30 percent. The following are the six priority areas for FY 2022, along with the corresponding percentage of the Idaho SHSP funds that are to be utilized for each priority area in order to obtain a full allocation of SHSP funds: I .Enhancing cybersecurity-1.6 percent 2 .Enhancing the protection of soft targets/crowded places — 7.5 percent 3 .Enhancing information and intelligence sharing and analysis— 4.9 percent 4 .Combating domestic violent extremism — 7 percent 5 .Enhancing election security- 0 percent 6.Enhancing community preparedness and resilience- 9 percent 5. Idaho's Investment in Priority areas. IOEM intends to invest in the following two priority areas by retaining a share of subrecipient SHSP funds for the following Idaho-specific purposes: I .Priority Area l —Enhancing the protection of soft targets/crowded Places (including election security) IOEM / The Idaho Criminal Intelligence Center (IC2) •IC2 will continue the commitment to the protection of soft targets/crowded places, and will continue to focus on schools.IOEM has developed data streams in coordination with the Idaho Office of School Safety's "Safe-To-Tell," program.IC2 has requested access to the raw data gathered by this program.Analyst recognition of threats in this new data-stream will be heavily reliant upon continued training.Other data streams that enhance the protection of soft targets/crowded places will be maintained and, when possible, expanded, namely:multiple crime/threat tip lines, smartphone crime/threat tip application, and traditional See Something, Say Something reporting that goes directly to IC2 in concert with ad campaigns. • As bolstering the protection of Idaho's public schools remains a high priority for the state, ]OEM has partnered with the Idaho Office of School Safety and Security to harden local schools based up on their state-wide threat and vulnerability assessment project. Local Funds will be dispersed around the state based on priorities from assessment. • Budget for Priority Area— Enhancing The Protection of Soft Targets / Crowded Places Cost breakout: Total expected project costs: $363,562.50 State share of expected project costs: $72,712.50 Local share of expected project costs: $290,850.00 b. Priority Area 2— Combating Domestic Violent Extremism •The Idaho Criminal Intelligence Center (IC2) will continue to support an analyst to focus solely on domestic violent extremism. Additionally, funds will allow for the procurement of web crawling software and subscriptions for services that surveille and curate data related to domestic violent extremism. •Budget for Priority Area— Enhancing the Protection of Soft Targets / Crowded Places Cost breakout: Total expected project costs: $339,325.00 State share of expected project costs: $67,865.00 Local share of expected project costs: $271 ,460.00 6 . Responsibilities. a .IOEM.• The IOEM will provide SHSP grant fund management on behalf of the subrecipient for: i. Equipment purchased at the subrecipient level. I . Equipment purchases must be authorized and fit within the scope of the SHSP grant. 2 . Obligations and payments for qualifying equipment may only occur during the period of this SHSP grant award and any subsequent extensions of this grant award. ii.Provisional funds and project execution for the required Cyber and Soft targets investments. b .Subrecipients: The duly authorized subrecipient official (elected official or authorized delegate): i. Has read and understands the Homeland Security Grant Program Guidance and Standard Terms and Conditions ii.Authorizcs the IOEM to obligate and expend Homeland Security Grant Program funds in accordance with the terms of this MOU. Approving Official. IOEM Subreci lent Rod Beck, Chair Brad Richy 040 Guard Street, Bldg. 600 Ada County 200 W. Front Street Boise, ID 83705 Boise, ID 83702 (208) 422-3040 [(elected official3_phonc)) Other Provisions. Nothing in this Agreement is intended to conflict with current laws or regulations of the State of Idaho or any subrecipient jurisdiction. If a term of this agreement is inconsistent with such authority, then the term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 9.Point of Contact. The point of contact for Ada County regarding emergency management is; Rod Beck, Chair Ada County 200 W. Front Street Boise, ID 83702 10. Effective Date. The terms of this agreement will become effective upon signing by the parties. I I . Modification. This agreement may be modified upon the mutual written consent of the parties. 1 2 . Termination. The terms of this agreement in its original form, or if modified with the consent of both parties, will remain in effect until the end of the grant. 13. State officials and employees not personally liable. It is agreed by and between the Parties hereto that, in no event, shall any official, employee or agent of the Lessor be in any way personally liable for any covenant or agreement herein contained, whether expressed or implied. 14. Sovereign Immunity. Nothing contained herein shall be deemed to constitute a waiver of the State's sovereign immunity, which immunity is hereby expressly reserved. 15. Binding Effect. This Agreement is binding upon and will run to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. Appro by: Rod Beck, Chair ATMSM Ada County Date r Phil MaGrarw,Ads CCU*Clerk off.? luau aoa-a- Brad Richy Date IOEM 2022 DNS Standard Terms and Conditions The 2022 DNS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients, unless an award term or condition specifically Inditates otherwise. The United States has the right to seek judicial enfortement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2022 DNS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy 15-dhs-standard-terms-and-conditions Assurances. Administrative Reuuirements. Cost Prineinles. Nenresentatlons and Certifications DNS financial assistance recipients most complete either the Office of Management and Budget (OMB)Standard Form 4248 Assurances — Non-Construction Programs.or OMB Standard Form 4241) Ass.ranee, — Construction Programs.as applleahle. Certain assurances in these documents may not be applicable to your program, and the DNS financial assistance office (DNS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as Instructed by the awarding agency. DNS financial assistance recipients are required to follow the applicable provisions of the Uniform A d mi n6 tris"ve Requirements, Cost Prine ipplea, and Audit Requirements for Federal Awards located at 'title 2. Code of Federal Regela buns IC.F.N.t Part 200. and adopted by DHS at 2 C.F.R. Part 31102. By accepting this agreement, the recipient and Its executives, as defined In 2 C.F.R. section 170.315, certify that the recipleat's policies are In accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. DNS Specific Acknowledgements and Assurances All recipients,subrecipients, successors, transferees,and assignees must acknowledge and agree to comply with applicable provisions governing DNS access to records, accounts, documents, information, facilities,and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DNS access to, and the right to examine and copy, retards, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities,or personnel. 3. Recipients must submit timely. complete.and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting,data collection, and evaluation requirements. as Prescribed by law or detailed in program guidance. 5. Recipients(as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entittes)of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30)days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of OHS financial assistance should only submit one completed tool for their organization,not per award. After the initial submission, recipients are required to complete the tool once every two(2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to Civil RightsEvaluat i on et hq.dhs.gov. This tool c larifics the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients arc not rcqui red to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-eivil-rights-evaluation-tool. 6. The DHS OIGec for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by .mailing the request to QvilRl•ht,Fvel aiienf•h•dhs. v prior to expiration of the 30-day deadline. Staadasd Terms d's Condielons I. Acknowledgement of Federal Funding from DN. Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded io whole or in part with federal funds. II. Aethiti er Con du aced Abroad Recipients must ensure that project activities carried on outside the United States arc coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. IIL Aee Df+e+iminetlea An of 1975 R eciDients must comply with the requirements of the Age Discrimination Act of 1975. Public Law Number 94-135 (1975) (eodi fled as note nded at Title 42. U S. ('odc. b 610I et sea a. which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. IV. Amerteewa wLh D/sehllble+Am of l99d Recipients must comply wirh the requirements of Tides 1, 11.and UI of the Americans wirh Diaubi/irics An.Pub. L. No. 101-336(1990) (codified as amended at 42 U.S(' Ss 121n1 I2211, which prohibits recipients from discriminating on the basis of disability in the oPcration of public is ins.public and private transportation systems, places of public accommodation, and certain testing entities. ar 6or 10 V. Be,' Prattle,, far C,11,,ti,, ad Us, at I --ifitibli, Information (Pill Recipients who colicet Personally identifiable information(Pll)are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PH they collect. DHS defines Pit as any m formation that permits the identify often individual to be directly or indirectly inferred, including any information that Is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments:Privacy Ouidance and Privacy Tcmoiatc as useful resources respectively. VI. f 1964-Ti1e Y1 Rttipients must comply w ciTic requirements of Title VI of the Civil Rights Actof/964(codified as amended at 43 U.S.C. 6 2000d et sea.1, which provides that no person in the United Slates will, on the grounds of race. color, or national origin,be excluded from participation in, be denied the benefits of, or he subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VII. (Rfehn Aet of 1968 ce tpicnta must oomply with Title Villfrom of the Civil i g in the sale, Pub. L. 904R0. as d advertising through of Pub. L. 113lli which prohibits recipients from discriminating in the sale,rental, financing, and advertising al dwellings,or it the provision of services in connection therewith,on the basis of lrace, color,national origin, religion, disability, familial claret,and sex (sec 42 U.S.C.b 3601 et sea.) as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100_the IT on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units(all units in buildings with elevators and gground-floor units in buildings without elevators)—be designed and constructed with certain accessible fca lures. (Sec 2d GF.R. Part 100, Subpart D,) Vill. Coovriehf Recipients must affix the applicable copyright notices of n Tor " and an acknowledgement of U.S. Government sponsorship(including the award number) t0 any work first produced Under federal financial ass istanec awards. W. D[h n arm eel ad $asvenaion Recipients are su 67ce, to the non-procurement debarment and suspension regulations implementing Executive Orders(E.O,) 12549 and 12689 which are at 2 C.F.R. Pert 190 as adopted by DHS al 2 C.F.A. Part 100I. These regulations restrict (e eta nanciai assistance awards,aubflwarda, aad contracts with certain parties that are debarred,suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X. Drne.Free Wnrkplaee Reaala Hpnt Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual)aft C.F.R_ Part 3001.which adopts the Government-wide implementation f2 C.F.R. Part 1821 of Sec. 5 152,5 159 of the Drag-Free Workplace Act of 1988(41 ILS_C 66 R 101-R 1061. XI. De plies Hna of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200.Subpart $may not be charged to other federal financial assistance awards to overcame fund deficiencies; to avoid restrictions imposed by federal statutes, regulations,or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in secordance with existing federal statutes,regulations,or the federal financial assistance award terms and conditions. X11. t' n - Rccipicnts must comply wLLh the requirements o"Tit IX o the E ucafion Amen mortis of 1971,Pub. L. 92.318 (1972) (codified es amended a120 U.S.C. fi 1681 et seq.), which provide That no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at R C.F.R. Part 12snd 44 C.F.R. Part 19, XIII. Enerr v Policy and Conservation Act Ree ipicnts must cotey ly with the requirements of the Energy Policy and Consenarion Art, Pub. L. 94- 163(1975) (codified as amended at 42 U.S.C_ 6 6201 ersea.l,which contain policies totaling to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. XIV. MMJVJAiL& Recipmnts must comply wit the requirements of the False Claims Ac4}I U S C lib 3729. 3733, which prohibit the subUL"mission of false or fraudulent claims for payment to the federal government. (Sec 31 U.Nx,,t4 3801-3812 which details the administrative remedies for false claims and statements made.) XV. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (Sec ,Qj.L Circular A-129.) XVI. Federal f.eadershfn on Reducine Test Messaeine wAIIe Dri vine Rec ipicots are encouraged to adopt and enforce policies that ban text messaging while driving as described in F ilk including conducting initiatives described in Section 3(a)of the Order when on official government business or when performing any work for or an behalf of the federal government. XVIL Flv Anrerira Accost'I974 Recipients mull comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under A. ❑.S.C. @ 41 I021 for international air transportation of people and property to the extent that such service is soot table, i ,accordance with the International Air Transportation Fair Competitive Practices Act af1974,d9 1_1 S„-•,;,mod 4 1 and the interpretative guidelines issued by the Comptroller General of Inc United Slates in the March 31, 1981,amendment to Comptroller General Decision 8-138942, XVIII. In xccor once with Section 6 of the Xorel and Afore?Fire Safety An of l990,], t�2. a, recipients must ensure that all conference. meeting, convention,or training space funded m w o e or m part witb federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevearron and Contro(Acrof vp.ror io 1974, (codified as amended at is U S.0 a. 22251 XIX Limited English Prnfieieary (Civil Rlr/rts 4anff964. Title Ph Recipients must comply with Title VI of the Civil Rights Act of 1964,142 U.S.c. s 200nd et •en.1 prohibition against discrimination an the basis of national Origin. which requires that recipient of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) 10 their programs and services. For additional assistance and information regarding language access obligations,please refer to the DNS Recipient Guidance: htIps:l/www.dbs.gov/guidancc- publishcd-help-departme"I"' o led-organizations.provide-meaningful-access-people-I im i led and additional resources on httn://www.le.,e ., Lah brine Pre hlbitle ns Recipient musi comply with 31 11 S.0 6 13C, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal-amendment, or modification XXI. tlarfnwal Rwvlronmenra/Pnflrr An Ree ipienta must comply with the requirements of the National Eneimninnunl Pub,,art of 1969. Pub 1 41-190 (19701(codified as amended at 42 U R.0 s a32 t m xMdNEPA)and the Council on Environmental Qualit (CEQ)Regulations for Implementing the Procedural Provisions of NEPA,which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social. economic- and other needs of present and future generations of Americans. XXIi. Nondiscrimination In Matters Pergaiiiins, in F ions It is VMS policy to ensure the equal treatment of fail -be se organizations in social service programs administered or supported by DNS or its component agencies,enabling those organizations I.participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in n('.P.R. Pan 19and other applicable statues, regulations. and guidance governing the participations of faithbased organizations in individual DNS programs. XXIII. Reci plants receiving federal financial assistance awards made under programs that prohibit supplanting by law moat ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. XXIV. N01iee of Fundinr Ilnno rte oily ReOelrement All iasiructions,guidance, limitations, and other conditions set forth in the Notice of Funding Opporlunily (NOFO) for this program arc incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO, XXV. Palen is ud Intelleeteal Pre merlr Rights Recipients are subject to the Rgvb-Dole Act, 35 U.S('. a 200 et r.•r& unless oI herw i se provided by law. Recipients arc subject to the specific requirement governing the development, reporting,and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R Pan 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. XXVI. Prnr ygEg t of Recovered Materials Stales, politicsl subdivisions of states,and their contractors must comply with Section 6002 of the Solid Wasle Disposal Act,Pub R9.272(1965). (codified as amended by the Resource Conservation and Recovery Ali, 42 0 S.0 E 6962.1 The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at A"C.F'.R. Pen 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition. XXVII. Relsssiliratf0n An n4/974 Recipients must comp iy with the requirements of Section 504 of the Rchabtllaariori Aclofl97J, Pub. L. 93-I12 (1973), (codified as amended at 29 D.S_C s 794.) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XXVIII. I the total value 0f any currently active grants, cooperative agreements• and procurement contracts from all federal swardin$agencies exceeds $10.000.000 for any period of lime during the period of performance of this federal award. then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XI1. the full text of wbicb is incorporated here by reference in the award terms and conditions XXIX. R ecip tents are rdcqu W 10 comply with the requirements act forth in the government-wide award trim on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170. Appendix A.the full tut of which is incorporated here by reference in the award terms and conditions. XXx. SAFFCOM Recipients receiving federal financial assistance awards made under programs that provide emergency CnmmaniClllen equipment and its related activities must comply with the SAFFCOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance uncroperable communications. XXXI. Terrarlal Finaneine Recipients must comply with F.O 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to. individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. XXXII ILA VPA1 Recipients must comply with the requirements o the government-wide financial assistance award term which implement Section 106(g)of the Trafficking Victims protection Act of 2000(TVPA).codified as amended at v.s.a or to 22 U.S.C. section 7104. The award term is located at 2 C.F.R.section 175.15,the full text of which is incorporated here by reference. XXXBL Universal Identifier and System of Award Manage went Recipients arc required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Pert 25, Appendix A.the full text of which is incorporated here by reference. XXXN. US�PATAJOTArf o/2001 Recipients must comply with requirements of Section 817 of the Uniting,and Strengthening America by Frovidinc r i / P i , which amends 18 U.S.C. §§ 1 5-175<. XXXV. "Ad FIRRectptenls must o lam permission from their VHS FAO prior to using the DNS scal(s), logos,crests or reproductioos of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of nags or likenesses of Coast Guard officials. XXXVI. 1VA/ar/eAlower Prafectian Aef Recipients must comply wi lh the statutory requirements for whinileblower protections(if applicable) at 14 U.S_C 6 2409,41 U.SC. 6 4712- and 10 U.S_C, 6 7124.41 U.SC. a6 4304 and 4310, XXXVIL Prier Annmval for MadiBcadon afAnoroved Bi diret Before making any change to the FEMA approved budget for this award,you must request prior written approval from FEMA where required by 2 C.F.R. Section 200.308. FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. Section 200.308(f)regarding the transfer of funds among direct cost categories,programs, functions, or activities. Therefore, for awards with an approved budget where the federal aharc is greater than the simplified acquisition threshold (currently 5250,000),you may not transfer funds among direct coal categories,programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%) of the total budget FEMA last approved. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. XXXVIII. When original or replacement equipment acquired on cr this award by the recipient or its subreeipienls is no longer needed for the original proj cct or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. XXXIX. Accentanee&road Award Ciafteec In the event FEMA determines that changes arc necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made,any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866)927-5646 or via c-mail to ASK-GMDQfema.dhs.gov if you have any questions. XL. DHS/F MA un ad activities trial may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal,state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal,state,and local laws. DHS/FEMA is required to consider the Potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds,through its EHP Review process,as mandated by the National Environmental Policy Act;National Historic Preservation Act of 1966,as amended;National Flood Insurance Program regulations; and,any other applicable laws and Executive Orders. To access the FEMA EHP screening form and instructions-go to the DHS)FEMA websitc at: blips:/twww.fcma.govimedia-library/assets/documcnt3/9Ol95. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate(GPD) along with all other pertinent project information.The EHP review process must be completed before funds are released to carry out the proposed project: otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws,executive order, regulations.and policies. if ground disturbing activities occur during construction,applicant will monitor ground disturbance,and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. XLI. Recip tents,su brceipicnts, and their contractors and su contractors are subject to the prohibitions described in section 889 of the 1 S. McCain National Defense Authorization Act for Fiscal Yea,2019. Pub. L.No. 115.232 (2018) and 2 C.F.R.sections 200.216, 200.327,200.471, and Appendix 11 to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute -as it applies to DHS recipients, subrecipicnts, and their contractors and subcontractors -prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. XLII. Rea-tred Use of.amer/can Iron.Sloe/.Mono/aelared Prodacfs.and Constriction Af fferials Recipients and subrecipicnts must comply with the Build America, Buy America Act (BABAA),which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L.No. 117-58 (2021);and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. Sec also Office of Management and Budget(OMB). Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. Recipients and subrecipicnts of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:(1)all iron and steel used in the project are produced in the United States--This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project ate produced in the United States--this means the manufactured product was manufactured in the United Stales: and the cost of the components of the manufactured product that are mined, produced. at manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation: and (3) all construction materials are manufactured in the United Statcs--this means that all manufacturing processes for the construction material occurred in the United States.The Buy America preference only v.w a oe to applies to articles, materials,and supplies that arc consumed in, incorporated into, or affixed to an infrastructure project. As such. it does not apply to tools,equipment, and supp)ics, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs. desks, and portable computer equipment, that are used at or within the finished infrastructure project, but arc not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a) When the federal agency has made a determination that one of the following exec�lions applies, the awarding Official may waive the application of the domestic content procurement pre fe ranee in any cue in which the agency determines that: (I) applying the domestic content procurement preference would be inconsistent with the public interest: (2)the types of iron, steel, manufactured products, or construction materials arc not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or 1-3) the inclusion of iron, steel. manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic current procurement preference must be in writing.The agency will provide instructions on the format,contents. and supporting materials required for any waiver request. Waiver requests arc subject to public comment periods of no less than IS days and must be reviewed by the OMB Made in America Office. There may be instances where an award qualifies. in whole or in part. for an existing waiver described. For awards by the Federal Emergency Management Agency(FEMA),existing waivers are available and the waiver process is described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference,please either contact the applicable DHS FAO, or for FF,MA awards. please sec Programs and Definitions: Build America. Buy America Act I FHMA.gov. XLIII. Aee/jrabllily el DH.0 Standard Trr d di Tibes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and Dow down to sabrecipth tents as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or ere is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to. DHS Standard Terms and Conditions does not change or oher its inapplicability to an Indian tribe. The execution of grant documents is not intended to change,alter, emend, or impose additional liability or responsibility upon the Tribe where it does not already exist. XLIV. Indirect Coal Rate 2 C.F.R. section 200.211(b)(15)requires the terms of the award to include the indirect cuss rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. XLV. f S PeKonmi:Goa[, In addition to the Biannual Strategy Implementation Report (BSIR)submission requ]rcmcnta outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard Identification and Risk Assessment(THIRA)or Stakeholder Preparedness Review(SPR)or sustains existing capabilities as applicable. The capability gap reduction must be addressed in the Project Description of the BSIR for each project. j(LVI. Oaero1lon Sleeeraedea Proeroas Hr/d that recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG subrecipients of this award until each unique,specific,or modified county level. tribal, or equivalent Opc rations Order or Fragmentary Order(FRAGO) has been reviewed by FEMA/GPD and Customs and Border Protection/United States Border Patrol (CBP/USBP). The recipient will receive the official notification of approval from FEMA/GPD. XLVII. In a drtton to the Biannual Strategy Implementation Report(BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard Identification and Risk Assessment (THIRA) or Stakeholder Preparedness Review(SPR)or sustains existing capabilities as applicable. The capability gap reduction or capability sustamment must be addressed in the Project Description of the BSIR for each project. vs•�a or is AcREEMFNT N0.1�-1-22- OMB Number:4040-M7 Expiration Date: 02282025 ASSURANCES-NON-CONSTRUCTION PROGRAMS LrZuo'ng reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing tions,searching existing data sources,gathering and maintaining the data deeded,and completing and reviewing the collection of ation.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040).Washington,DC 20503. SE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the awarding agency.Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such Is the case,you will be notified. As the duly authorized representative of the applicant. I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973,as amended(29 U.S.C.§794),which and the institutional,managerial and financial capability prohibits discrimination on the basis of handicaps;(d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975,as amended(42 U. of project cost)to ensure proper planning,management S.C.§§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age;(a)the Drug Abuse Office and application. Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency,the Comptroller General abuse;(f)the Comprehensive Alcohol Abuse and of the United States and,if appropriate,the Stale, Alcoholism Prevention,Treatment and Rehabilitation through any authorized representative,access to and Act of 1970(P.L.91-616).as amended, relating to the right to examine all records,books,papers,or nondiscrimination on the basis of alcohol abuse or documents related to the award;and will establish a alcoholism;(g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3).as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)TrIe Vill of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C.§§3601 at seq.),as using their positions for a purpose that constitutes or amended,relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing;(1)any other conflict of interest,or personal gain. nondiscrimination provisions in the specific stalute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made;and,p)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970(42 U.S.C.§§4728.4763)relating to prescribed requirements of Titles 11 and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970(P.L.91-646)which provide for Appendixfair and equitable treatment of persons displaced or Personnel A of OPM's Standards fora Merit System of whose property is acquired as a result of Federal or Personl Administration(5 C.F.R.900,Subpar)F). federally-assisted programs.These requirements 6. Will comply with all Federal statutes relating to apply to all interests in real property acquired for nondiscrimination.These include but are not limited to: project purposes regardless of Federal participation in (a)Title VI of the Civil Rights Act of 1964(P.L.88-352) purchases. which prohibits discrimination on the basis of race,color S. Will comply,as applicable,with provisions of the or national origin;(b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328) Amendments of 1972.as amended(2D U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686).which prohibits discrimination on principal employment activities are funded in whole the basis of sex;(c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable atandwd Form 4240 tRn.767) Authorized for Local Reproduction Prescribed by 011113 Lln:ular X102 I i 9, Will comply,as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C.§276c and 18 U.S.C.§874).and the Contract AG of 1966,as amended(16 U.S.C.§470),EO 11593 Work Hours and Safety Standards Act(40 U.S.C.§§327- (identification and protection of historic properties),and 333),regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C.§§46ge-1 at seq.). 10. Nil comply,If applicable,with flood insurance purchase 14. Nil comply with P.L.93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research,development,and Protection Act of 1973(P.L.93-234)which requires related activides supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance it the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10.000 or more. 1966(P.L.89-544,as amended,7 U.S.C.§§2131 at seq.)pertaining to the care. handling,and treatment of it. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or prescribed pursuant to the following:(a)institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(ED)11514;(b)notification of violating Prevention Act(42 U.S.C.§§4801 at seq.)which facilities pursuant to EO 11738:(c)protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990;(d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988;(a)assurance of 17 Nil cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133. Act of 1972(16 U.S.C.§§1451 at seq.);(f)conformity of 'Audits of States,Local Governments,and Non-Profit Federal actions to State(Clean Air)Implementation Plans Organizations.' under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.§§7401 at seq,);(9)protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders,regulations,and policies Drinking Water Act of 1974.as amended(P.L.93-523); governing this program. and,(h)protection of endangered species under the Endangered Species Act of 1973.as amended(P.L.93- 19, Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(TVPA)of 2000,a$ amended(22 U.S.C.7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe 1968(16 U.S.C.§§1271 at seq,)related to protecting fortes of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2)Procuring a commercial wild and scenic rivers system, sex act during the period of time that the award is in effect or(3)Using forced labor in the performance of the award or subawards under the award. SIGNATURE AUTHORIZED C YING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED A'I°TE5rT: StaMald form 42e81R".7471 Beck 4�hllMoOrMa urri Clerk Exhibit B SHSP Subaward Guidance 2022 APPENDIX A - Mission Areas&Core Capabilities InvestmentGuide Prevent Protect Mitigate Respond Planning Public Information&Warning Operational Coordination Intelligence&Information Sharing Community Infrastructure Systems Resilience Long-Term Economic Interdiction&Disruption Vulnerability Critical Transportation Recovery Reduction Risk&Disaster Environmental Health& Screening,Search,&Detection Resilience Response/Health& Social Services Assessment Safety Forensics& Access Control& Threats&Hazards Fatality Management Housing Attribution Identity Verification Identification Services Fire Management& Natural& Cybersecurity Suppression Cultural Resources Physical Protective Logistics&Supply Measures Chain Management Risk Management for Protection Programs Mass Care Services &Activities Supply Chain Integrity Mass Search& Rescue &Security Operations On-Scene Security, Protection&Law Enforcement Operational Communications Public Health, Healthcare & Emergency Medical Services Situational Assessment Page 9 July 25, 2022 Exhibit A AGREEMENT NO. SS 3 Idaho Office of Emergency Management a Z par, 2023 Subreclplent Agreement `�. iJ psi+ for Ada County Dob of Award September 1,2023 1.Subreclplent Nome and Address 12.Prepared by:Waasom,Karla 13.Award Hum-bar:235HSP040 4. Federal Grant lnfarmatlen Federal Grant Title: 81ste Homeland Security Grant Program Ads County 7200 Banister Of. Federal Grant Award Number/CFDA Number; EMW-2023.38-00078/g7.0S7 Boles.ID 03704 Federal Granting Agency; Grant Programs DIM00,01e Federal Emergency Management Agency U.S.Department of Homeland Security 0. Award Amount and Grant Breakdowns Subreclplent Unique Idenllfiar(DUNS): 082031/59 2023 State Homeland Security Program Award Amount This Action; $629,435.57 Performance/ Budget Period: Total Award Amount: $629,433.51 Sep 1. 2023 through Feb 28, 2026 S.Requirements: This Subaward It,approved sub)eet to suet,conditions or limitations es are set forth on the following pages of this document and In the General Terms and Conditions sent to support the State Homeland Stonoft Grant Program.This Is a not a Research S Development Subinn rd. Subteclplents must give ins Idaho Office of Emergency Management(IOEM),Department of Homeland Security(OHS)and audit=some"to and the rlgm 10 examine and copy records,accounts,and other documents and sources of Information related to it,*grant and Parrott sends to facilities,personnel,and other Indlviduois and Inrarmallon as may be necessary,at,required by DNS regulations and other applicable laws or program guidance. The Submalplent certifies that the subreelplont and Ile'contraetors/vendom are not presently debarred,suspended,proposed for debarment,declared Ineligible at wluntarlly excluded by any federal department or agency and do not appear In the Debarred and Suspended list at sue:/Mww.re�.a� The SubreClpbant certifies compliance with the 2CFR200 Subpart F-Audit Requirements and Idaho$fore Code 67.4508-Independent Financial Audits of Local Gowromental Entities—Filing Requirements. The Subreclplent cortifiea the Indirect cost rote for the Federal Award(Including It the de minlmis rate Is charged)per 1200.414. Acceptance of subaward cartlMd compllance with requirements detailed above and to the*itched Terms and Condlllons 7. Special Conditions:If an extension Is required due to extenuating circumstances,contact your Ama Field Of lex r(AFO)or the Idaho Special Teems Manager. 0. Agency Approval Approving IOEM Official: i/'1 Signature of IORM Official: Brad Richy, Director i/`ulp/y� Idaho Office of Emergency Management oats: (208) 258-6501 la�Acn3 do I• Submalplent Acceptance I have road end understand the attached Terms and Conditions. Signature cortiOe Compliance with requirements detailed on subaward Subreclplent agreement. Print name and title of Authorlsed Subrecipbnl official: Signs /Ant ed Su Iplent Official: 10.Enter Employer Identity atlon Number(EIN)I Federal Tax idenfiRc a Number: 11. Dob Signed FZ - i000z� ' - q 72.DUE DATE:'luq/pr A7+BvErATr9t, Signed award must be returned to IOENI on or before the above due data. aAt.�11L'ND ii�� Trent Tripple,Ada Court lark MEMORANDUM OF UNDERSTANDING Between The State of Idaho, Office of Emergency Management And Ada County Regarding the use of FY 2023 Homeland Security Grant Program Funding 1 .Parties. The parties to this Agreement (Agreement or MOU) are the State of Idaho, Office of Emergency Management (IOEM) and Ada County, referred to as "subrecipient". 2.Authority. This agreement is authorized under the provisions of Title 46, Chapter 10 Idaho Code. 3.Purpose. The purpose of this Agreement is to set forth terms by which the IOEM shall expend FY23 State Homeland Security Grant Program (SHSP) funds on behalf of the subrecipient. On September 12, 2023, the United States Department of Homeland Security issued grant number EMW-2023-SS-00078 to the State of Idaho in the amount of $4,847,500. Under this grant award, the State of Idaho, Office of Emergency Management must allocate grant funding to local jurisdictions. Based on the SHSP grant guidance issued by The Department of Homeland Security (DHS) and Federal Emergency Management Agency (FEMA), the subrecipient may authorize IOEM to 1) obligate and pay vendors directly for equipment purchases and 2) retain funding at the state level and provide project management for the 4 below identified priority areas at the state level as required by the Homeland Security Notice of Funding Opportunity (NOFO). 4.Required Investment in Priority Areas. In assessing the national risk profile for FY 2023, the DHS and the FEMA have determined six priority areas that attract the most concern. And due to the unique threats that the nation faces in 2023, DHS and FEMA have specific percentages of SHSP funds required for each area, for a total of 30 percent of the grant award. The following are the six priority areas for FY 2023, along with the corresponding percentage of Idaho SHSP funds that are to be utilized for each priority area to obtain a full allocation of SHSP funds: a. Enhancing the protection of soft targets / crowded spaces — 6 percent b.Enhancing information and intelligence sharing and analysis — 5 percent c. Combating domestic violent extremism — 5 percent d.Enhancing cybersecurity- 2 percent e. Enhancing community preparedness and resilience — 9 percent f.Enhancing election security — 3 percent As IOEM is required to pass 80 percent of the FY23 SHSP award to local jurisdictions (IOEM retains 20 percent), the cost share between IOEM and local jurisdictions to satisfy the National Priority Area spending requirements is proportional to the IOEM allocation (20 percent) and local jurisdiction allocation (80 percent). 5.Idaho's Investment Priorities a.Priority Area — Enhancing the protection of soft targets / crowded places IOEM / The Idaho Criminal Intelligence Center (IC2) IC2 will continue its commitment to the protection of soft targets / crowded places and will continue to focus on schools. IOEM has developed data streams in coordination with the Idaho Office of School Safety's "Safe to Tell' program. IC2 has requested access to the raw data gathered by this program. Analyst recognition of threats in this new data stream will be heavily reliant upon continued training. Other data streams that enhance the protection of soft targets / crowded places will be maintained and expanded such as multiple crime and threat tip lines, smartphone crime and threat tip lines and traditional 'See Something, Say Something' reporting that goes directly to IC2 in concert with ad campaigns. This priority area also includes funding for Idaho's Special Teams including Hazmat, Bomb Squad and Incident Management Assistance SupportTeam (IMAT), whose mission is to support response to critical incidents requiring specialized equipment and training. Cost Breakout: State Share of expected project costs: $0 Local Share of expected project costs (statewide): $50,000 Special Teams (hazmat teams, bomb squads, IMAST): $240,000 Total expected project costs: $290,000 b.Priority Area- Enhancing Election Security This priority area includes IOEM partnering with the Secretary of State's office to increase safety and security around Idaho's statewide elections. Projects include creating election data boards and hosting elections and the associated officials at the Idaho Response Center for monitoring, situational awareness, and preparedness to address any issues. Cost Breakout: State share of expected project costs: $95,456 Local Share of expected project costs (statewide): $50,000 Total expected project costs: $145,456 c. Priority Areas —Enhancing Information and Intelligence Sharing and Analysis, and Combating Domestic Violent Extremism (DVE) The Fusion Center's mission includes collecting, analyzing, and disseminating threat information. The funds support leadership, specialized analysts, web crawling software, subscriptions, and training. Another feature of the Idaho Fusion Center is the Fusion Liaison Officer program, which contributes significantly to local law enforcement officials receiving critical intelligence regarding suspicious activity reports. Funding also addresses threats related to domestic violent extremism and drug and human trafficking, sustaining Idaho's capacity to collect, analyze, and share terrorist threat information. Cost Breakout: State Share of expected project costs: $0 Local Share of expected project costs (statewide): $482,247 Total expected project costs: $482,247 d.Priority Area- Enhancing Cybersecurity This investment will support IOEM's Annual Preparedness Conference Cyber Day which includes keynote presentations, workshops and activities designed to support cybersecurity professionals in the most recent threat trends and protective measures. This event is also intended to provide policy makers and agency staff (those who are not cybersecurity professionals) with critical information to increase cyber hygiene and bolster resiliency regarding cyber-attacks. This investment advances many of the 16 recommendations of the Governor's Cybersecurity Task Force. Cost Breakout: State Share of expected project costs: $94,605 Local Share of expected project costs: $0 Total expected project costs: $94,605 6.Responsibilities. a. IOEM: The IOEM will provide SHSP grant fund management on behalf of the subrecipient for: i. Equipment purchased at the subrecipient level. I .Equipment purchases must be authorized and fit within the scope of the SHSP grant. 2.Obligations and payments for qualifying equipment may only occur during the period of this SHSP grant award and any subsequent approved extensions of this grant award. ii.Provisional funds and project execution for the required Enhancing Community Preparedness and Resilience investment. b.Subreciplents: the duly authorized subrecipient official (elected official or authorized delegate): i. Has read and understands the Homeland Security Grant Program Guidance and Standard Terms and Conditions ii.Authorizes the IOEM to obligate and expend Homeland Security Grant Program funds in accordance with this MOU. Approving Officials IOEM _ Subrecipient Brad Richy, IOEM Director Rod Beck,Administrative Officcr 4040 Guard Street, Bldg. 600 Ada County Boise, ID 83705 200 W. Front St. Boise.ID 8I702 (208)422-3040 I Other Provisions. Nothing in this Agreement is intended to conflict with current laws or regulations of the State of Idaho or any subrecipient jurisdiction. If a term of this agreement is inconsistent with such authority, then the term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 7.Point of contact: The point of contact for Ada County regarding emergency management is: Joe Lombardo, Deputy Director 8.Effective (Date. The terms of this agreement will become effective upon signing by the parties. 9.Modification. This agreement may be modified upon the mutual written consent of the parties. 10.Termination. The terms of this agreement in its original form, or if modified with the consent of both parties, will remain in effect until the end of the grant period. 1 I . State officials and employees not personally liable. It is agreed by and between the Parties hereto that, in no event, shall any official, employee or agent of the Lessor be in any way personally liable for any covenant or agreement herein contained, whether expressed or implied. 12. Sovereign Immunity. Nothing contained herein shall be deemed to constitute a waiver of the State's sovereign immunity, which immunity is hereby expressly reserved. 13. Binding Effect. This agreement is binding upon and will run to the benefit of the heirs, executors, administrators, successors and assigns of the parties. Approv y: I Rod Beck [date) Trent Tripple,Ada Couq Clerk Administrative Officer t.zsfW=J 0&4 Brad Richy [date) IOEM Director 2023 DHS Standard Terms and Conditions The 2023 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2023. These terms and conditions flow down to subreciplents, unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2023 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15.dhs-standard-terms-and-conditions. Assurances. Administrative Requirements, Cost Principles. Representations and Certifications DHS financial assistance recipients most complete either the Office of Management and Budget (OMB)Standard Form 424B Assurances — Non-Construction Programs.orOMB Standard Form 424D Assurances — Construction Programs. as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards located at Title 2. Code of Federal Re¢ulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002 By accepting this agreement, the recipient and Its executives, as defined in 2 C.F.R. section 170.315, certify that the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DES access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, or personnel. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award order which this term applies. Recipients of multiple awards of DES financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to Civi]RightsEvoluation@hq.dbs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dbs.gov/publication/dhs-eivil-rights-evaluation-tool. ; 6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for eamppleting the tool. Recipients should request extensions by emailing the request to CM_1RiehtsEvaluati one a.dhs.go v prior to expiration of the 30-day deadline. 'r Standard Terms & Conditions f ' L Acknowledeement of Federal Funding from DAS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. IL Activities Cnn dpeted AM1rnad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. III. Aga Disulmination Ace of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law Number 94-135 (1975) (codified as amended at Title 42. U.S. Cade. 6 6101 et seal, which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance, IV. Americans with Disabilities Act of 1990 x Recipients must comply with the requirements of Titles I, 11, and III of the Americans with Disabilities Act, Pub. L. No. 101.336 (1990) (codified as amended at 42 U.S.C. 66 12101— 12213), which prohibits recipients Page 7 or 11 from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. V. Best Pract' f C 11 t'o and IIs f P sn ally Iden[ifiahle Information lPIII Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PHthey collect. DHS defines PHas any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. VI. Civi! Riehm Act of comply w - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(codified as amended at2000d et seal, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VIL Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended throueh Pub. L. 113-4. which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C.6 3601 et sea.) as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100.The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Vill. Copvrieht Recipients must affix the applicable copyright notices of 17 U.S.C. 66 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. IX. Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.)12549 and 12689,which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X. Dru¢-Free Workplace Revelations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001 which adopts the Government-wide implementation (2 C.F.R. Part of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988(41 U.S.C. 86 8101-8106). XI. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200. Subpart Emay not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. XII. Fd , t' Amend [ f 1972 (Ea I O t 't Education Art) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. XIIL Fn grey Pa Hcv and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended a[42 U.S.C. 6 fi201 er sea.l, which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. XIV. False Claims Act and Pro exam Fraad Civil Remedies Recipients must comply with the requirements of the False Claims Act,31 U.S.C. && 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. 66 3801-3812 which details the administrative remedies for false claims and statements made.) XV. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) XVI. Fedc ral Leade rshiu on Red ecin¢ Text Messseine while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.D. 13513- including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. XVII. E" America Act of 7974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. & 411021 for international air transportation of people and property to the extent that such service is available, in accordance with the International At,- Transportation Fair Competitive Practices Act of 1974,49 U.S.C. 6 4011R and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981,amendment to Comptroller General Decision B-138942. XVIII. Hole/ and Mote! Fire Safety Act of 1990 Ip accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 6 2225a recipients gas.s of tt must ensure that all conference, meeting, convention, or training space.funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974 (codified as amended at 15 U.S.C. S ) XIX. I.(meted Fn¢Hsh Proficlenev !Civil Rights Act of 1964- Title VD Recipients must comply with Title VI of the Civil Rights Act of 1964,.i42 U.S.C. S 2000d et sea ) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations,please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-departmentsupported-organizations-provide-meaningful-access-people-limited and additional resources onhuud/www.leo.¢ov. XX. Lobbviv¢ Prohibitions Recipients must comply withal U.S.C. 8 1352.expended dewhich provides that none of the funds provided under a federal financial as sistaoce award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification XXI. National Environments! Policv Act Recipients must comply with the requirements of the National.Environmental Pnlicv Act of/969. Peh. L. 91-190 (19701 (codified as amended at 42 U.S.C. 5-0321 et sea.lNEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. XXI(. Nondlacrim ation Iv Matters P ;'th-Rased Oresvi�ations It rs DHS polwy to ensure the equal treatment of arch-based orgavzauovs m social service programs administered Or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in and other applicable statues, regulations, and guidance governing the participations at faithbased organizations in individual DHS programs. XXII1. Non-9vvviavtin¢ Revvire went Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. XXIV. DD All instructions, guidance, limitations, an other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. XXV. Patents and Intellectual Proverty Rights Recipients are subject to the Bayh-Dole Act,35 U.S.C. S 200 at sea. unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. XXVL Pro cv rem ant of Recovered Materials States, political subdivisions of states, and their contractors must comply withSection 6002 of the Solid Waste Disposal Act, Pub. L. 89-272(1965), (codified as amended by the Resource Conservation and Recovery Act,42 U.S-C. 6 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. XXVII. Rehabilitation Act of 1973 _ Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. .- 93-112 (1973), (codified as amended at 29 U.S.C. 8 794.) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XXVIII. "let of Malt",r Related to R¢eiai¢nt lnteer/tv and Performance IF the total value of any currently active gravts, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for avy period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. XXIX. Reporting Cubawards and Executive Compensation Recipients are required t0 comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. XXX. SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhavice interoperable communications. yyi XXXL Terrorist Finan dn¢ p Recipients must comply with F.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of tt resources and support to, individuals and organizations associated with terrorism. Recipients are legally j responsible to ensure compliance with the Order and laws. XXXiI. Trelfi hen¢ Victims Protection Act of 2000 (TVPA) Pears OF11 p Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference. XXXIII. Universal identifier end System of Award Manapement Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. XXXN. U��ATR10T Act of 2001 Remplents must comply with requirements of Section 817 of the Unitine and Stren nrhen ine America by Providine Annronriare Tonls Reavired to /rttercenr and Obstruct Terrnri.cm Act of 1001 (USA PATRIOT Act). which amends 18 U.S.C. §§ 175-175c. XXXV. llserps( DHS Seal Loeo and Flays Reclplenta must obtain permission from their DHS FAO prior to using the DHS seal($), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXVI. Whi.ctleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at U.S.0 6 2409.41 U.S.C. 6 4712, and 10 U.S.C. 6 2324.41 U.S.C. 66 4304 and Qom$ XXXVII. Prior Ann rn val fnr Modlficatiop of App ro ved 8udeet Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. Section 200.308. FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. Section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold(currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. XXXVIII. Disnositinn of Equipment Aeauired Ou der the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. XXXIX. Acceptance of Post Award Chanties In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMDQfema.dbs.gov if you have any questions. XL. Environmental Plannine and Historic Pres¢rvation tEHP) Review DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act-, National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website at: https://www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. XLL John S. McCain National Defense Auth or'ration Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the J S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. XLII. Required Uce of American lrnn. .Ste¢/. Manufactured Products. and Cnpstruction Ma1¢rials Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and Budget(OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States--this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established Pepe 10 OF 11 under applicable law or regulation; and (3) all construction materials are manufactured in the United States--this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Programs and Definitions: Build America, Buy America Act I FEMA.gov. XLIH. A i' A'1't {OHS St d d T m d C dtt'o t T ih The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and Flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. XLIV. Indirect Cast Rate 2 C.F.R. section 200.21 I(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. f 4 i l P P F . pyF ' i Page H OF 11 OMB Approval No.0348-0040 ASSURANCES -NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 of project cost)to ensure proper planning, management U.S.C. §§6101-6107), which prohibits discrimination and completion of the project described in this on the basis of age; (a) the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency,the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee- accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the 3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968(42 U.S.C. §§3601 at seq.),as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (1) any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, 0) the requirements of any other Urns frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles If and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646) which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration(5 C.F.R.900, Subpart F). whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply 6. Will comply with all Federal statutes relating to to all interests in real property acquired for project nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) purchases. which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education 8. Will comply, as applicable, with provisions of the Amendments of 1972, as amended (20 U.S.C. §§1681- Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) 1683, and 1685-1686),which prohibits discrimination on which limit the political activities of employees whose the basis of sex; (c)Section 504 of the Rehabilitation principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424E(Rev.7.97) Authorized for Local Reproduction Prescribed by OMB Circular A•102 9. Will comply, as applicable, with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act 1968 (16 U.S.C. §§1271 at seq.) related to protecting (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system. 333), regarding labor standards for federally-assisted construction subagreements. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation 10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties),and Protection Act of 1973 (P.L. 93-234) which requires the Archaeological and Historic Preservation Act of recipients in a special flood hazard area to participate in the 1974(16 U.S.C.§§469a-1 at seq.). program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,development,and 11. Will comply with environmental standards which may be related activities supported by this award of assistance. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of Environmental Policy Act of 1969 (P.L. 91-190) and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 at Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of facilities pursuant to EO 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance. floodplains in accordance with EO 11988; (a) assurance of project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 at seq.) which Act of 1972 (16 U.S.C. §§1451 at seq.); (f) conformity of prohibits the use of lead-based paint in construction or Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures. under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 at seq.); (g) protection of 17. Will cause to be performed the required financial and underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No.A-133, and, (h) protection of endangered species under the "Audits of States, Local Governments, and Non-Profit Endangered Species Act of 1973, as amended (P.L. 93- Organizations." 205). 18. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations, and policies governing this program. E SIGNATU O UTHORI ED CERTIF OFFICIAL TITLE C LICANT ORGANIZATION DATE SUBMITTED 'Il�"E5T� December 7, 2023 Standard Form 424E(Rev.7.97)Back Trent ripple,Ada Co u y Clerk Exhibit SHSP Subaward Guidance ' 2023 APPENDIX A- Mission Areas&Core Capabilities Investment Guide Prevent Protect Mitigate Respond Recover Planning Public Information&Warning Operational Coordination Intelligence&Information Sharing Community Infrastructure Systems Resilience Long-Term Economic Interdiction&Disruption Vulnerability Critical Transportation Recovery Reduction Risk&Disaster Environmental Health& Screening,Search,&Detection Resilience Response/Health& Social Services Assessment Safe Forensics& Access Control& Threats&Hazards Fatality Management Housing Attribution Identity Verification Identification Services Fire Management& Natural& Cybersecurity Suppression Cultural Resources Physical Protective Logistics&Supply Measures Chain Management Risk Management for Protection Programs Mass Care Services &Activities Supply Chain Integrity Mass Search& Rescue &Security Operations On-Scene Security, Protection&Law Enforcement Operational Communications Public Health, Healthcare & Emergency Medical Services Situational Assessment Page 10 AUVA 29,2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - March 2025 City of Meridian Monthly Financial Report FY2025 Mar-25 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 artauau•i �■ == rl `T T .� F:\Reporting\Monthly Reports\FY2025\FY25 -6 Mar Council Report 1 of 3 Monthly Financial Report �E IDIAN=--- FY2025 Mar-25 City of Meridian Investment Portfolio Yield by Investment Type 41 IDAHO STATE POOL 4.40% IDAHO BOND 3.68% FUND CASH 0.00% F a.FIB MoneyMarket$5,266,531 .Cash$19,207,573 MONEVMARKET 4.61% .Idaho Bond Fund$78,047,309 .Idaho State Pool$129,631,786 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $4,000,000 $124,000,000 $3,500,000 $122,000,000 $3,000,000 $120,000,000 $2,500,000 $118,000,000 $116,000,000 $2,000,000 $114,000,000 $1,500,000 $112,000,000 $1,000,000 $110,000,000 $108,000,000 $500,000 $106,000,000 $o $104,000,000 General Enterprise $102,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY25 ■FY24 F:\Reporting\Monthly Reports\FY2025\FY25-6 Mar Council Report 2 of 3 Monthly Financial Report FY2025 C> El�DIAN�-- Mar-25 3/1/2025 GOVERNMENTAL FUNDS BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $ 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 9/30/2024 ■Nanspendahle ■Restricted ■Committed ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $- 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 9/30/2024 ■Assigned ■Unassigned ■Assinged Reserves F:\Reporting\Monthly Reports\FY2025\FY25-6 Mar Council Report 3 of 3 E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: May 13, 2025 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic W IDIAN� AGENDA ITEM ITEM TOPIC: Fiscal Year 2025 Budget Amendment in the amount of$1,870,000 for Meridian Fire Department Ladder Truck Replacement 60703136!!!9;32!BN Djuz!pg!Nfsjejbo!GZ3136!Cvehfu!Bnfoenfou!Gpsn 5-13-2025 jfields 5.6.25 CzUpeeMbwpjfbu9;37bn-Nbz17-3136 Approved Liz Strader via email 4.29.24 5-8-25 Djuz!pg!Nfsjejbo!GZ3136!Cvehfu!Bnfoenfou!GpsnG;\]Cvehfu\]GZ3136\]GZ3136!Bnfoenfout\]2/!Qfoejoh\]GZ3136!Cvehfu!Bnfoenfou!Gpsn`Gjsf`Mbeefs!Usvdl!Sfqmbdfnfou!NG132 60703136!!!9;32!BN Djuz!pg!Nfsjejbo!GZ3136!Cvehfu!Bnfoenfou!Gpsn Djuz!pg!Nfsjejbo!GZ3136!Cvehfu!Bnfoenfou!GpsnG;\]Cvehfu\]GZ3136\]GZ3136!Bnfoenfout\]2/!Qfoejoh\]GZ3136!Cvehfu!Bnfoenfou!Gpsn`Gjsf`Mbeefs!Usvdl!Sfqmbdfnfou!NG132 ¸ ¸ ¸ ¸ ¸ ¸ ¸ p p p p ¸ ¸ ¸ Lsjt!Cmvnf Gjsf!Dijfg! Nfsjejbo!Gjsf!Efqbsunfou! 44!F/!Cspbexbz!Bwf/!Tvjuf!321! Nfsjejbo-!JE!94753! Pggjdf;!319.999.2345!}!Dfmm;!319.481.5821 Protection Association (NFPA)guidelines,which recommend apparatus replacement at defined intervals to ensure safety, reliability, and cost efficiency. • The only alternative to replacement would be a complete frame-off refurbishment, estimated at$1,000,000 with a turnaround time of up to 12 months—a process that would still result in a used vehicle at a cost approaching that of a new one. • A new stock-unit Ladder Truck is currently available from our manufacturer(Pierce Manufacturing)at approximately$2,200,000,with a 6-month delivery timeframe. Both vendors emphasize that continued repairs are not a viable long-term solution.The increasing age and mileage will inevitably result in more frequent, more costly failures,further compounding out-of-service time and compromising our emergency response capabilities. Recommendation Given the operational unreliability,substantial financial burden of continued repairs, and expert advisement from both service vendors,we strongly recommend replacing Ladder Truck T-36 with a new apparatus.This approach is a responsible and operationally effective means to ensure uninterrupted fire and emergency services for our community. My team and I welcome the opportunity to discuss this matter further and explore potential funding or procurement options with the Council and City leadership. Thank you for your continued support and commitment to public safety. Kris Blume Fire Chief Meridian Fire Department 33 E. Broadway Ave. Suite 210 Meridian,ID 83642 Office: 208-888-1234 1 Cell: 208-370-4710 �®0 FY2025 Budget Amendment - Fire Ladder Truck Replacement MF021 Summary of Operational Concerns • Repair Costs(Past 3 Years): Over the past three years,T-36 has incurred approximately$72,000 in repair costs.An additional$35,000 is currently estimated for its most recent failure, bringing the total to over$100,000 in repair-related expenses in a relatively short period. • Operational Downtime: In the last 12 months alone,T-36 has been out of service (O/S)for approximately 197 days, or more than six months—resulting in over a 50%loss of availability as a reserve apparatus. This significantly hinders our ability to provide consistent and reliable ladder truck coverage throughout the city. • Service Reliability Issues: In the last six instances where T-36 was called upon to replace an out-of-service frontline Ladder Truck(T-31 or T-35), it failed each time.The most recent failure resulted in a 50% reduction in available Ladder Truck service citywide for six days, leaving only one operational Ladder Truck to serve the entire area.This poses an unacceptable risk to both firefighter safety and public service delivery. Expert Assessments Both of our contracted fleet service vendors have provided independent recommendations strongly advising replacement of T-36 rather than continued repair.Their key findings include: • The apparatus is "beyond its service life"and does not meet current NFPA recommendations for emergency response vehicles: 10 years for frontline service with an additional 5 years in reserve status. • Any future repairs would be temporary at best and would not restore reliability or extend the overall lifespan meaningfully. During recent repairs—including a head gasket replacement—our service vendor identified significant internal engine wear. Specifically, the pistons and cylinders are deteriorated,with an estimated remaining lifespan of only 2 to 3 years. • A complete engine rebuild would add an estimated $45,000+to the current$35,000 quote (which includes a transmission rebuild and head gasket replacement).This additional investment would yield approximately 5 years of service life—only marginally improving the cost-to-benefit ratio. • Both certified fleet vendors have expressed serious concerns regarding the future reliability and structural integrity of the apparatus due to its extreme age, engine hours, and mileage. They advise us to anticipate future high-cost failures, including but not limited to: o Frame fatigue and structural cracking o Aerial ladder wear, stress fractures, or mechanical failure o Drivetrain and suspension replacements o Chronic and compounding electrical system issues • These repairs are industry-estimated to cost between $30,000 and $40,000 each, depending on severity.These concerns support the rationale behind the National Fire Meridian Ladder Budget Amendment Background FY25.-$208,000 in Vehicle Repair Costs from FY18beyond historic replacement schedule. MF021 was in Active or Reserve status for 7 years for the last 3 years. MF021 was the Departments Reserve Ladder Truck 2022. 4 years beyond replacement schedule.line Ladder Truck until -MF021 stayed as the frontMF021 purchased in 2008. Summary of Operational Concerns poses an unacceptable risk to both firefighter safety and public service delivery.six days, leaving only one operational Ladder Truck to serve the entire city. This failure resulted in a 50% reduction in available Ladder Truck service citywide for 35), it failed each time. The most recent -31 or T-service frontline Ladder Truck (T-of--In the last seven instances where TService Reliability Issues:consistent and reliable Ladder Truck coverage throughout the city.a Reserve Ladder Truck. This significantly hinders our ability to provide resulting in over a 50% loss of availability as —197 days, or more than six months36 has been out of service (O/S) for approximately -In the last 12 months alone, TOperational Downtime:repair costs (does not include maintenance) in a relatively short period.36 has incurred approximately $120,000 in vehicle -Over the past three years, TRepair Costs (Past 3 Years): Expert Assessment gasket replacement).the latest repair of $35,000 (transmission rebuild and head A complete engine rebuild would add an estimated $45,000+ to estimated remaining lifespan of only 2 to 3 years.Specifically, the pistons and cylinders are deteriorated, with an our service vendor identified significant internal engine wear. —including a head gasket replacement—During recent repairsrestore reliability or extend the overall lifespan meaningfully”. “Any future repairs would be temporary at best and would not in reserve status.vehicles: 10 years for frontline service with an additional 5 years current NFPA recommendations for emergency response The apparatus is "beyond its service life" and does not meet Their key findings include:36 rather than continued repair. -advising replacement of TBoth of our contracted fleet service vendors have provided independent recommendations strongly Expert Assessment Cont.electrical system issuesChronic and compounding replacementsDrivetrain and suspension fractures, or mechanical failurecrackingFrame fatigue and structural but not limited to:cost failures, including -apparatus due to its extreme age, engine hours, and mileage. They advise us to anticipate future highBoth certified fleet vendors have expressed serious concerns regarding the future reliability and structural integrity of thereplacement at defined intervals to ensure safety, reliability, and cost efficiency.National Fire Protection Association (NFPA) guidelinessupport the rationale behind the , depending on severity. These concerns $30,000 and $40,000 eachto cost between estimated-industryThese repairs are emergency response capabilities.service time and compromising our -of-, further compounding outmore frequent, more costly failuresinevitably result in term solution. The increasing age and mileage will -Both vendors emphasize that continued repairs are not a viable long Recommendation uninterrupted fire and emergency services for our community.approach is the most operationally effective means to ensure 36) with a new apparatus. This -Reserve Ladder Truck (Tservice vendors, we strongly recommend replacing our burden of continued repairs, and expert advisement from both Given the operational unreliability, substantial financial Alternative Options Familiarity, Operational Concerns. standardization of fleet. Training, Inconsistent with our -Con’s:.month delivery timeframe-6a , with $1,870,000Reduced cost at -custom unit. approximately $700,000 over to delivery of apparatus. Saves the quickest option from purchase Ladder Truck is 6 months. This is Estimated time for “Stock Unit” -Pro’s: available at a reduced rate. truck model that is currently Find and purchase alternative ladder Familiarity, Operational Concerns.standardization of fleet. Training, Inconsistent with our -Con’s:Marginal cost difference. -Pro’s:One -ERosenbauer, HME, Sutphen, Pierce, Utilize another manufacturer; Obsolescence. old ladder truck. Engineered -year-Investing $1,000,000 in a 20-50% reduction in ladder service. goes out of service, the City has a line truck -unavailable for a minimum of 18 -Con’s: Cheaper than a new unit. -Pro’s:one.newcost approaching that of a vehicle at a useda process that —18 monthsminimum of with a turnaround time of a $1,000,000 , at off refurbishment-Complete frame Current Operational Impact truck.failed during every recent deployment as a reserve ladder 36 has -unacceptable lack of reliability. Most critically, TR36 continues to demonstrate an -Despite these efforts, TR36 remains available as a reserve unit.-TR35) has been intentionally deferred to ensure -31 and TR-(TRIn several instances, maintenance for frontline apparatus repairs logged over the past year.numerous preventative maintenance efforts and emergency 36 functional, with -resources attempting to keep TRThe Logistics Division has devoted considerable time and  Coverage & Liability Challenges Thursday, April 10, 2025 April 15, 2025.between April 10 and coverage within the City reduction of ladder truck resulted in a significant 36 -35 and TR-of TRThe simultaneous failure including the weekend.service for several days, 35 remained out of -TRcomplexity of the repairs, harness. Due to the and fuel system wiring sending unit, fuel pump, including the fuel component replacements, 35 required multiple -TRweeks.timeline of three to four $33,000, with a projected was approximately Estimated cost for repairs immediate replacement.both requiring —gasketfailure and blown head with a transmission where it was diagnosed Smith Detroit Diesel, referred the vehicle to transmission issue and identified a significant HFE technicians gear.but failed to shift into temporary replacement was activated as its 36 -system failure. TRplaced OOS due to a fuel 35 was -On this date, TR TR Monday, April 28, 2025 Coverage & Liability Challenges service that evening.was returned to business June 1st and completion at close of maintenance, with repair and 35 underwent -TR(Tuesday, April 29). following day and repairs the rescheduled for PM 31 was -TRwithin a couple hours.programming issue corrected a computer diagnosed and dispatched, who technician was testing. Another during operational engage the pump subsequently failed to same day; however, it to service later that 36 was returned -TRrepaired on site.both were —sensorfaulty coolant coolant clamp and a identified a failed technician, who dispatched a Equipment Hughes Fire to active duty.vehicle was returned was canceled, and the service appointment 31’s -again. TRthe vehicle OOS immediately rendered station bay. This antifreeze in the significant loss of resulting in a system failure, 36 suffered a cooling -back into service, TRafter being placed However, shortly Monday morning.on the following transported to HFE service to be was pulled from 31 -Accordingly, TRfor service. appeared to be ready it was inspected and ) th on Friday, (April 2536’s return -Upon TR associated repairs.head gasket, and transmission cooler, transmission, weeks for a new approximately three of service (OOS) for 36, which was out -TRawaited the return of deferred while we had been previously (HFE). These repairs Hughes Fire Equipment manager fault) at SRS fault, and load snow chain damage, (including dropdown minor repairs maintenance (PM) and for preventative 31 was scheduled - Summary and response capability.this unit jeopardizes our operational readiness . Continued reliance on Ladder TruckReserve 36 is no longer a viable -indicates that TRfailures, despite significant repair investment, ruck service. The frequency of these TLadder on the department’s ability to maintain consistent 36 are placing a strain -mechanical failures of TRThe ongoing operational challenges and C� E IDIAN Planning and Zoning Department Presentation and Outline V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing (Continued from April 22, 2025) for Centrepointe Apartments (H-2025-0009) by Mike Maffia, MGM Meridian 2, located at 3100 Centrepointe Way and 3030 N. Cajun Ln. Application Materials: https://bit.ly/H-2025-0009 A. Request: Modified Development Agreement to modify the existing Development Agreement (H-2022-0035, Instrument# 2022-079000) for the existing 11.17 acres and create two (2) new agreements which will allow each property to be developed independently. COMMUNITY DEVELOPMENT C��fEPIDIAN*,­, DEPARTMENT REPORT HEARING April 22,2025 continued to Legend DATE: May 13,2025 C Project Location 10 ;::Area of Impact TO: Mayor&City Council += City Limits T. OAnalysis FROM: Linda Ritter,Associate Planner ----, 208-884-5533 P_ lritter@meridiancity.org - APPLICANT: Mike Maffia,MGM2 'Y SUBJECT: H-2025-0009 Centrepoint Apartments MDA LOCATION: 3100 N. Centrepoint Way and 3030 N. Cajun Lane, located in the NE 1/4 of - Section 5, Township 3N, Range lE (Parcel(s)# S 1105110111 and S1105110120) I. PROJECT OVERVIEW A. Summary The applicant is proposing to move forward with the project approval that was received in 2022 (H-2022-0072)with the modification to the existing Development Agreement(Instrument No. 2022-079000) for the existing 11.17 acres. The modification will create two(2)new agreements which will allow each property to be developed independently. B. Issues/Waivers In 2024, CUP and DA modifications were approved with a deed restricted affordable multi- family development with 239 units. The applicant terminated his entitlements and withdrew his application due to complications at the State level with project financing. The applicant is proposing to move forward with the project that was previously approved in 2022(H-2022-0072). C. Recommendation Recommend approval of the proposed Development Agreement modification. D. Decision City of Meridian I Department Report 1. Project Overview II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Multi-Family Residential and Commercial - Existing Zoning C-G VLA.2 Proposed Zoning C-G Adopted FLUM Designation MU-R VLA.3 Proposed FLUM Designation MU-R Table 2: Process Facts Description Details Preapplication Meeting date 1/28/2025 Neighborhood Meeting 2/25/2025 Site posting date 4/3/2025 A. Note: See section III.C. Staffs Analysis Staff has no objection to the Applicant's request for a modification to the existing development agreement(H-2021-0103, Inst. #2022-066859)to create two(2)new development agreements so that each parcel can develop independently. On December 3, 2024,the City Council approved findings for H02024-0019 for modifications to the existing Development Agreement(DA)H-2022-0035 and Conditional Use Permit(CUP)H- 2022-0072 to facilitate the construction of a 239-unit multifamily affordable apartment project. This proposal strictly pertains to the residential component of the approved development plan. The applicant also requested alternative compliance for the to the open space and parking lot landscaping. In January of 2025,that applicant terminated the entitlements and withdrew their application for the Centrepoint Apartments project(H-2024-0019 ALT, CUP,MDA)due to complications at the State level with project financing. An administrative time extension(TED- 2023-0002)was approved for a two-year period in April of 2023. Prior to the expiration date of April 1,2025,the applicant submitted an application for an additional two-year During the review process for H-2024-0019, ITD required the applicant to dedicate twelve(12) feet of right-of-way on Eagle Road and reconstruct the right turn lane to Seville Lane. The current DA requires the landscape street buffers and multi-use pathway segments to be constructed and vegetated with the first phase of development along E. Ustick Road and N. Eagle Road;the proposed 25-foot landscape buffer along the west and south boundaries shall be constructed with the first phase of development. The applicant is proposing to create two development agreements for the following reasons: • To allow landscape street buffers and pathways along E. Ustick Road as well as the 25- foot landscape buffer along the west and south boundaries to be developed with the residential development on Parcel E. Staff is requiring the frontage improvements along E. Ustick Road are installed no later than a year after approval of the development agreement modification as this is the final missing link leading up to Eagle Road. • To allow the landscape buffer and pathway along N. Eagle Road to be constructed with the commercial development on Parcel F. Therefore, each parcel owner will be responsible for the improvements outlined in each of their development agreements. City of Meridian I Department Report 11. Community Metrics City/Agency Comments&Conditions for comments received. Table 3: Proiect Overview Description Details History H-2018-0121 (Villasport CUP,MDA);H-2021-0006(CUP),H-2022-0035 (MDA,DA Inst.#2022-079000);H-2024-0019(ALT,CUP,MDA)—this application was approved but the applicant terminated their entitlement rights;TED-2023-0002;TEC-2025-0001 Phasing Plan None Residential Units 213 multi-family units-One(1)two-story building and five(5)3-story buildings Open Space 6.78 acres(295,401 s.f.)of qualified open space proposed according to the open space exhibit(approximately 40%). Amenities At a minimum, 13 amenities are proposed—See the amenity Exhibit in Section VII below. Physical Features The Milk Lateral has previously been piped and there is a thirty(30)foot irrigation easement that goes through the property. Acreage 11.17 Lots 2 Density Gross—21.3 du/ac. City of Meridian Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject application encompasses two(2)parcels located south of E.Ustick Road(Parcels St 105110111 and S 1105110120. Parcel S 1105110111 was part of a Development Agreement Modification and Conditional Use Permit(CUP)application in 2019 that removed the subject parcel from an existing Development Agreement(DA) for the purpose of entering into a new DA with a new conceptual plan and building elevations(H-2018-0121,DA Inst. #2019-060877)and a request for a new athletic club and spa(indoor recreation facility),Villasport. The CUP approval for the indoor recreation facility has since expired and the property was sold. The current CUP and DA(H-2022-0035 DA Inst#2022-079000)was approved to construct a mixed-use development consisting of commercial space and a 213-unit multi-family development in lieu of an athletic club/spa and commercial building. In 2024, CUP and DA modifications were approved with a deed restricted affordable multi- family development with 239 units. The applicant terminated his entitlements and withdrew his application due to complications at the State level with project financing. B. Development Agreement Modification The applicant is requesting the following changes to the Development Agreement: • Parcel E(3100 Centrepoint Way)-The required landscape street buffers and multi-use pathway segments shall be constructed and vegetated with the residential phase of development along E. Ustick Road;the proposed 25-foot landscape buffer along the west and south boundaries shall be constructed with the residential phase—Parcel E of development. • Parcel F(3030 N. Cajun Lane) -The required landscape street buffers and multi-use pathway along N. Eagle Road will be constructed and vegetated with the development of the Commercial Parcel—Parcel F. C. Staffs Analysis Staff has no objection to the Applicant's request for a modification to the existing development agreement(H-2021-0103, Inst. #2022-066859)to create two(2)new development agreements so that each parcel can develop independently. On December 3, 2024,the City Council approved findings for H02024-0019 for modifications to the existing Development Agreement(DA)H-2022-0035 and Conditional Use Permit(CUP)H- 2022-0072 to facilitate the construction of a 239-unit multifamily affordable apartment project. This proposal strictly pertains to the residential component of the approved development plan. The applicant also requested alternative compliance for the to the open space and parking lot landscaping. In January of 2025,that applicant terminated the entitlements and withdrew their application for the Centrepoint Apartments project(H-2024-0019 ALT, CUP,MDA)due to complications at the State level with project financing. An administrative time extension(TED- 2023-0002)was approved for a two-year period in April of 2023. Prior to the expiration date of April 1,2025,the applicant submitted an application for an additional two-year During the review process for H-2024-0019, ITD required the applicant to dedicate twelve(12) feet of right-of-way on Eagle Road and reconstruct the right turn lane to Seville Lane. The current DA requires the landscape street buffers and multi-use pathway segments to be constructed and vegetated with the first phase of development along E. Ustick Road and N. Eagle Road;the proposed 25-foot landscape buffer along the west and south boundaries shall be constructed with the first phase of development. City of Meridian I Department Report III. Staff Analysis The applicant is proposing to create two development agreements for the following reasons: • To allow landscape street buffers and pathways along E. Ustick Road as well as the 25- foot landscape buffer along the west and south boundaries to be developed with the residential development on Parcel E. Staff is requiring the frontage improvements along E. Ustick Road are installed no later than a year after approval of the development agreement modification as this is the final missing link leading up to Eagle Road. • To allow the landscape buffer and pathway along N. Eagle Road to be constructed with the commercial development on Parcel F. Therefore, each parcel owner will be responsible for the improvements outlined in each of their development agreements. City of Meridian I Department Report III. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. Development Agreement Modification(Parcel E—Multi-family): 1.1 The modified Development Agreement shall be signed by the property owner(s)and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The Development Agreement shall, at minimum, incorporate the following provisions: a. Future development of the site shall be substantially consistent with the submitted concept plan and color renderings included in Section VI of Exhibit B and the provisions contained herein. b. Future development of Parcel E shall comply with the standards outlined in the multi-family development specific use standards,UDC 11-4-3-27. c. All future pedestrian crossings that traverse shared drive aisles within the development shall be constructed with brick,pavers, stamped concrete, or colored concrete to clearly delineate the driving surface from the pedestrian facilities,per UDC 11-3A-19B.4b. d. The required landscape street buffers and multi-use pathway segment shall be constructed and vegetated with the t residential phase of development along E. Ustick Road and N. Eagle ;the proposed 25-foot landscape buffer along the west and south boundaries shall be constructed with the first residential phase of development. e. Applicant shall work with ACHD to construct a safe pedestrian crossing from the central multi-family site area to the parking lot along the west boundary across N. Centrepoint Way. f. With the future Conditional Use Permit for the multi-family development,the building along the west boundary shall be no more than two-stories in height and the three (3)buildings within the center of the project shall be no more than three- stories in height, consistent with the Applicant's revised concept plan and presentation to Council. g. Applicant shall continue the masonry wall along the west property boundary consistent with adjacent development and help buffer the proposed project. h. Staff and Applicant shall work with ACHD to mark Centrepoint Way as no- parking on both sides, should ACHD allow it. i. Applicant shall work with ITD regarding right-of-way dedication and the proposed improvements to Eagle Road. j. A shared access easement and parking agreement shall be granted between the Commercial Parcel(F)and the Residential Parcel(E)allowing vehicular and pedestrian ingress and egress across both properties unless a property boundary adjustment has been completed. A recorded copy of said easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. City of Meridian I Department Report IV. City/Agency Comments &Conditions Development Agreement#2 (Parcel F -Commercial): a. Future development of the site shall be generally consistent with the submitted concept plan included in Section VI of Exhibit B and the provisions contained herein. b. The required landscape street buffers,multi-use pathway, and decorative lighting along N. Eagle Road shall be constructed and vegetated with the development of the Commercial Parcel. c. A shared access easement and parking agreement shall be granted between the Commercial Parcel(F) and the Residential Parcel (E) allowing vehicular and pedestrian ingress and egress across both properties unless a property boundary adjustment has been completed.A recorded copy of said easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. B. Meridian Public Works Site Specific Conditions of Approval 1. Water is about 200ft from the Property boundary for parcel 51105110120. 2. Any changes to public water infrastructure must be approved by public works. 3. Ensure no sewer services pass through infiltration trenches. 4. Provide 20'Easements for mains,hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and 10'beyond it. 5. No permanent structures (trees,bushes,buildings, carports,trash receptacle walls,fences, infiltration trenches, light poles,etc.)to be built within the utility easement. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). Sewer/water 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 ft a 45 ft easement. Ensure no permanent structures (trees,bushes, buildings, carports,trash receptacle walls, fences, infiltration trenches,light poles,etc.) are built within the utility easement. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. City of Meridian I Department Report IV. City/Agency Comments &Conditions 6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at htlp://www.meridiancily.org/public works.aspx?id=272. 19. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, City of Meridian I Department Report IV. City/Agency Comments &Conditions which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 20. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Meridian Park's Department https:llweblink.meridianciU.oLvlWebLink/Browse.aspx?id=389740&dbid=0&repo=MeridianCit Y D. Idaho Department of Environmental Quality(DEQ) https:llweblink.meridianciN.oLvlWebLinkIBrowse.aspx?id=389740&dbid=0&repo=MeridianCit Y E. Idaho Transportation Department(ITD) https:llweblink.meridiancioy.org/WebLink/Browse.aspx?id=389740&dbid=0&repo=MeridianCit Y V. ACTION A. Staff: Staff recommends approval of the requested Development Agreement Modification per the conditions of approval included in Section IV. B. City Council: Pending City of Meridian I Department Report V. Action 1 1 Locationct of Impact ji Analysis ir USTICK - LU iit ��r. 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Approved Site Plan—Parcel E(date: 8/30/2022) _m. ep iec�rvo �a CONCEPT SITE PLAN-CENTREPOINT , 7- Eagle 5 Ustick Mertdlary IC ,gust LEI IGmky*Hom City of Meridian I Department Report VI. Exhibits D. Approved Site Plan—Parcel F(date: 1/27/2021) L THE LAND ROUP I .:•� CL 25 hoinl CakWtionc wr�W unm� fL N � o - wm�� a Conditional Use Permit-Site Plan _:... ._,. C1.00 City of Meridian I Department Report VI. Exhibits E. Approved Landscape Plan -Parcel E (date: 9/19/2022) caraxrrruxr acxmuue �w t aSCAPE REQUIREMENTS ,•`' L CONCEPT LANSCAPE EXHIBIT-CENTREPOINT Eagle ffi Usdck Meridian,ID Kimley»Horn City of Meridian I Department Report VI. Exhibits F. Approved 1 (1/27/2021) GRDUP ®� �m i �� ■ El El - �� Ir rl Use Permit II City of MeridianDepartment Re 11Exhibits Approved Open Space and Amenity Exhibit—Parcel E(date: 9/19/2022) OPEN SPACE CAL..LATI... TOTnL wlE4kLa &BLwGIWL,{c Al u[µ wsn sr =iswrwe �w�_nl ¢Eo. SF GI YM6t .-_ W. I I I .4 -,1 Jllll II LI ll I I I-i �'I�� _ I - �Ilwl _ J I S p i Ib 1 /:, I OPEN SPACE '— nmenn_sracLrewrm '^• I II Pvwa:aran��s�x� `4� ��I CONCEPT OPEN SPACE EXHIBIT-CENTREPOINT Eagle dL Vstick Meridian,ID SEPTEMBER 19,20 Kimley>)Horn City of Meridian I Department Report VI. Exhibits G. Approved Building 1 1 8/30/2022) �r rl rl rr a rrl `` �... ... n n'rr ► Ilnl 111 111 Igll 111 111 111 111 111 111 al_1111 111 11 nn j •�'� �� 1. ir:: 11� � 1!" 111 �5.. 111 11! .-. �1 I!' „r ;. ��I#� II �I I■i a IIW7p IfY 111 �Ir� _� 111 i�ir 111 iP ili � �. �&h � l�w„ 11 11 u� 111 �.. 111 1�11�till u�� 111 111 i1�11 i�•_ .-- _-- ,i ,_ ^' V BUILDING A SOUTH ELEVATION 2 ;r li 11 :-Jle irl 111 _-�'�■�.JI�'S�,!4rJr�.111 �i9 �!�31;�7� 111 IIQ BUILDINGBUILDING A NORTH ELEVATION ' ELEVATIONS APO.30 BUILDING2223 BOISE ID W DepartmentCity of Meridian r/ Exhibits -_- 'q AL] "IF BLGGI-Rm= } BUILDING D-WEST ELEVATION 4 BUILDING D-NORTH ELEVATION 2 i e�� -�PPEAreoo — '� -�PF�RooF BUILDING D-EAST ELEVATION $ BUILDING D-SOUTH ELEVATION 1 BUILDING E ELEVATIONS AP8.34 2223-BUILDING E BOISE,ID 0813012022 City of Meridian I Department Report VI. Exhibits r BUILDING F-NORTH ELEVATION 4 BUILDING F-WEST ELEVATION 2 iiiiiiiiiiiiii _E Bl11LOING F-SOUTH ELEVATION 7 SUILOiNGF-EAST ELEVATION 1 _ BUILDING F-ELEVATIONS APO.35 'E3�= 2223-BUILDING F eolsE.m ua�aonoxz City of Meridian Department Report VI. Exhibits V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 25-2082: An Ordinance (Pollard North H-2024-0037) for rezone of a parcel of land situated in a portion of the south half of the southwest quarter and the southwest quarter of the southeast quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 14.901 acres of land from the R-8 (Medium-Density Residential) zoning district to the R- 15 (Medium High-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Ada County Recorder Trent Tripple 2025-029551 Boise,Idaho Pgs=6 vbailey 05/14/2025 08:07:35 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded CITY OF MERIDIAN ORDINANCE NO. 25-2082 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR, WHITLOCK AN ORDINANCE (POLLARD NORTH H-2024-0037) FOR REZONE OF A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY,IDAHO,MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 14.901 ACRES OF LAND FROM THE R-8 (MEDIUM-DENSITY RESIDENTIAL) ZONING DISTRICT TO THE R-15 (MEDIUM HIGH-DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by SCS Investments LLC, the owners of said property. SECTION 2. That the above-described real property is hereby rezoned from the R-8 (Medium- Density Residential) zoning district to the R-15 (Medium High-Density Residential) zoning district. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. REZONE ORDINANCE-POLLARD NORTH H-2024-0037 PAGE I SECTION 6. That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 13th day of May,2025. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 13th day of May, 2025. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this _13th day of May, 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho My Commission Expires:_3-28-2028_ REZONE ORDINANCE-POLLARD NORTH H-2024-0037 PAGE 2 CERTIFICATION OF SUMMARY: William L. M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. i William L. M.Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 25-2082 An Ordinance (Pollard North H-2024-0037) for rezone of a parcel of land situated in a portion of the south half of the southwest quarter and the southwest quarter of the southeast quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 14.901 acres of land from the R-8 (Medium-Density Residential) zoning district to the R-15 (Medium High-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance;providing that copies of this ordinance shall be filed with the Ada County Assessor,the Ada County Treasurer,the Ada County Recorder, and the Idaho State Tax Commission,as required by law;and providing an effective date.A full text of this ordinance is available for inspection at City Hall,City of Meridian,33 East Broadway Avenue,Meridian,Idaho.This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] REZONE ORDINANCE-POLLARD NORTH H-2024-0037 PAGE 3 EXHIBIT A lam E N G I N E E R I N G January 28,2024 Project No.24-031 Exhibit A Legal Description for Rezone to R-15 Pollard North Subdivision No.1 A parcel of land situated in a portion of the South 1/2 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 21,Township 4 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at an aluminum cap marking the South 1/4 corner of said Section 21 which bears S89°27'17"E a distance of 2,609.39 feet from an aluminum cap marking the Southwest corner of said Section 21,thence following the westerly line of the Southwest 1/4 of the Southeast 1/4(easterly line of the Southeast 1/4 of the Southwest 1/4)of said Section 21, N00°32'12"E a distance of 970.80 feet to the centerline of W.Waverton Dr. and being the POINT OF BEGINNING. Thence leaving said westerly line and following said centerline, N89°27'06"W a distance of 1,328.87 feet to the centerline of N. Pollard Lane; Thence leaving said centerline of W.Waverton Dr.and following the centerline of N. Pollard Lane, N00'34'56"E a distance of 253.00 feet; Thence leaving said centerline,S89°27'06"E a distance of 1,318.81 feet; Thence 19.49 feet along the arc of a curve to the right,said curve having a radius of 10,021.00 feet,a delta angle of 00°06'41",a chord bearing of 589'23'46"E and a chord distance of 19.49 feet; Thence S89°20'25"E a distance of 1,141.61 feet; Thence 51.91 feet along the arc of a curve to the right,said curve having a radius of 31.83 feet,a delta angle of 93'08'16",a chord bearing of S42°41'57"E and a chord distance of 46.38 feet; Thence 500*27'11"W a distance of 197.57 feet; Thence 100.47 feet along the arc of a curve to the right,said curve having a radius of 128.50 feet,a delta angle of 44°47'58",a chord bearing of S22°51'10"W and a chord distance of 97.93 feet; Thence S45°15'09"W a distance of 66.08 feet to said centerline of W.Waverton Dr.; Thence following said centerline the following five(5)courses: 1. 27.30 feet along the arc of a curve to the right,said curve having a radius of 270.00 feet,a delta angle of 05'47'35",a chord bearing of N42°20'29"W and a chord distance of 27.29 feet to a 5/8-inch rebar; 2. 235.07 feet along the arc of a curve to the left,said curve having a radius of 270.00 feet,a delta angle of 49°53'02",a chord bearing of N64°23'12"W and a chord distance of 227.72 feet to a 5/8-inch rebar; 3. N89*19'43"W a distance of 781.84 feet to a 5/8-inch rebar; 4. Thence 21.48 feet along the arc of a curve to the left,said curve having a radius of 10,000.00 feet,a delta angle of 00°07'23",a chord bearing of N89°23'25"W and a chord distance of 21.48 feet to a 5/8- inch rebar; 5. N89°27'06"W a distance of 71.48 feet to the POINT OF BEGINNING. ����� 5 �s Said parcel contains 14.901 acres,more or less. ZS o a w 12459 0 Attached hereto is Exhibit B and by this reference is hereby made a part of. `'' 1.2'V;7 k OF 1yAq� N L. BA1, 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com EXHIBIT B Q O a -a Unplatted N a W. Old School Ln. 0 C1 U SB9'27'06"E 1318.81' L > -0 Rezone Area: 14.901±AC. •0 N `L _ Portion of SO421438475 .? - Current Zoning: R-8 I 4-J -� Proposed Zoning: R-15 I v W. Waverton Dr. POINT OF BEGINNING I 71 48'� ry O cn 1328.87' 1— IN 4- v o N89'27'06"W 1400.35' r w n= i >. C6w m Z U w 3 I N —1 � m m I x o o Pollard I w t Subdivision No. 1 z z O U) � H Q � 0 ri N W I > L IN w O ~ N J U 0 200 400 600 Z Q N o Plan Scale: 1" = 200' O o K Z DATE: January 2025 w PROJECT: 24-031 Z d SHEET: 1 OF 2 0 N Vl J92 1 w — — 21� a 8 S89'27'17"E 2609.39' — — — 28 BASIS OF BEARINGml FOUND ALUMINUM CAP W. Chlrlderl BIVd. POINT OF COMMENCEMENT FOUND SW CORNER SECTION 21 S 1/4 CORNERUMINUM SECTIONC21 E N G I N E E R I N G 0 5725 NORTH DISCOVERY WAY v BOISE,IDAHO 83713 i PHONE(208)639-6939 kmengllp.com 0 c � I UnplatLed LU I Ln +, o � S89'20'25"E 1141.61' - c1 U I Rezone Area: 14.901±AC. Ln O 0 Portion of SO42143847S ' Current Zoning: R-8 :j Ln � �_ Proposed Zoning: R-15 -0 ._ 71.48' C � n1 W. Waverton Dr. o Ln • N \ y_ w IrC6- N89'19'43"W 781.84' , +,CS U i I 2 ' O Ln `= V N I G y m 4- `U W II C4 • •+'+ - N G 00 Pollard w n r+ Subdivision No. 1 4 N 0 K 0 N LINE TABLE CURVE TABLE 0 N w Q +; U 3 I LINE BEARING DISTANCE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD Q Cn L1 N00'34'56"E 253.00' C1 10021.00' 19.49' 0'06'41" S89'23'46"E 19.49' DATE: January2025 ° L2 S00'27'11"W 197.57' C2 31.93' 51.91' 93*08'16" S42'41'57"E 46.38' PROJECT: 29-031. W L3 S45-15'09"W 66.08' C3 128.50' 100.47' 4447'58" S22'51'10"W 97.93' SHEET: 2OF2 C4 270.00' 27.30' 5'47'35" N42'20'29"W 27.29' N - C5 270,00' 235.07' 49'53'02" N64'23'12"W 227.72' m 'o C6 10000.00' 21.48' 0.07'23" N89'23'25"W 21.48' 0 200 400 600 ENGINEERING 5725 NORTH DISCOVERY WAY m BOISE,IDAHO 83713 a Plan Scale: 1" = 200' PHONE(208)639.6939 kmengllp.com a r 1318.81 1141.61 o s89°27'06"e s89°20'25"e c M 7 - � M - N p O_ - n89°27'06"w tart n89°19'43"w It 1328.87 781.84 or G Title: Date: 01-28-2025 Scale: 1 inch = 350 feet File: Deed Plottendes Tract 1: 14.901 Acres: 649067 Sq Feet:Closure=s70.5021e 0.01 Feet: Precision=1/720930: Perimeter=5615 Feet 001=n89.2706w 1328.87 006:RL R=31.83.Delta=93.0816 011:U R=270.00.Del a9.5302 s4 Dnt= _4157e,Chd=46.38 Dn n64._312w,Chd=2_7.7_ 002=n00.3456e 253.00 007=s00.2711w 197.57 012=n89.1943w 781.84 003=s89.2706e 1318.81 008:Rt,R=128.50,Delta=44.4758 013:Lt.R=10000.00,Delta=00.0723 Dnt-s22.5110w,Chd=97.93 Dng-n89.2325w•,Chd-21.48 a�g-s89.2346e,C.0a_D9149 00.0641 009=s45.1509w 66.08 0 1 4=n89.2706w 71.48 005=s89.2025e 1141.61 010:Rt,R=270.00,Dclta=05.4735 [ing=n42.2029w,Chd=27.29 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 25 -2083: An ordinance repealing Title 13, Meridian City Code, regarding parks and recreation regulations; adopting a new title, Title 5, Meridian City Code, regarding parks, recreation, and forestry; repealing conflicting ordinances; and providing an effective date C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: May 13, 2025 Presenter: Emily Kane, Deputy City Attorney Estimated Time: 2 minutes Ordinance no. 25 -2083: An ordinance repealing Title 13, Meridian City Code, regarding Topic: parks and recreation regulations; adopting a new title, Title 5, Meridian City Code, regarding parks, recreation, and forestry; repealing conflicting ordinances; and providing an effective date. Recommended Council Action: Review and approve updates to the Parks, Recreation, and Forestry Code, including moving it out of Title 13 and to Title 5, and eliminating Title 13. Background: 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." This ordinance implements updates to Title 5, Meridian City Code, as part of this project. These updates were discussed in public meetings held by the Meridian Parks &Recreation Commission on February 12, 2025, and by Meridian City Council on April 15, 2025. A public hearing on the proposed ordinance was held on April 22, 2025. CITY OF MERIDIAN ORDINANCE NO. 25-2083 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK AN ORDINANCE REPEALING TITLE 13, MERIDIAN CITY CODE, REGARDING PARKS AND RECREATION REGULATIONS; ADOPTING A NEW TITLE, TITLE 5, MERIDIAN CITY CODE, REGARDING PARKS, RECREATION, AND FORESTRY; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,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," and 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"; WHEREAS,the City Attorney's Office, with input from the Parks and Recreation Department Director, Department staff, and the Parks and Recreation Commission, has proposed the following changes to the Parks and Recreation Code; WHEREAS,the City Council finds that the proposed changes will clarify expectations for commercial uses of parks, shorten the timeframe for processing permit applications, update and simplify enforcement of the general park regulations,provide guidelines for pathway use, and enhance provisions regarding the City Arborist and the Meridian Forestry Program for clarity and for compliance with the National Arbor Day Foundation requirements for the City's designation as a Tree City USA; WHEREAS, for these reasons, City Council finds that the changes to the Parks and Recreation Code as set forth in this ordinance will serve the Strategic Plan goal as set forth above; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY,IDAHO: Section 1. That Title 13, Meridian City Code, shall be repealed. Section 2. That a new title, Title 5, Meridian City Code, shall be adopted to read as follows. TITLE 5—PARKS, RECREATION, AND FORESTRY CHAPTER 1. PARKS AND RECREATION 5-1-4. Definitions. PARKs,RECREATION,AND FORESTRY CODE PAGF 1 For purposes of this chapter, the following terms shall be defined as follows: A. Administrative policy. A written policy, rule, or practice of the Meridian Parks and Recreation Department, approved by the Director and posted on the Department's website, concerning the administration, regulation, or operation of park amenities, recreational programming, or other function of the department. B. City park. Any and all designated park or recreational lands or facilities that are open to or accessible by the public and are owned by the City of Meridian. C. Commission. The City of Meridian Parks and Recreation Commission. D. Contract concessionaire. A person or entity who sells, trades, gives away, or offers or displays for sale, trade, or giveaway, any good or service pursuant to a currently effective, written agreement with the City of Meridian. E. Department. The Meridian Parks and Recreation Department. F. Director. The Director of the Meridian Parks and Recreation Department or Director's designee. G. Director's order. A written or verbal order of the Director establishing a decision or directive regarding a specific inquiry or issue concerning the administration, regulation, or operation of park amenities, recreational programming, or other function of the Department. H. Mobile soup kitchen. A temporary establishment, conducted by a nonprofit organization exempt from federal income tax under 26 USC section 501(c), engaged in the preparation and provision of food to and/or for the needy, including persons who by reason of age, disability, or illness are unable to prepare meals for themselves. I. Outdoor market. See definition in title 3, chapter 4 of this Code. I Park amenity. Any facility, physical space, land,recreational or utilitarian equipment, infrastructure,building, plant, landscaping, field, sports complex, swimming pool, golf course, trail, pathway, or other attraction, whether natural or manmade, that is in and/or part of a city park. K. Nonreservable park amenity. A park amenity that may not be reserved, as specifically designated as such by the Department, or as may be implied by omission. L. Reservable park amenity. A park amenity that may be reserved by prior arrangement with the Department and payment of any required fee. M. Private gathering. A gathering of persons not open to the general public. PARKS,RECREATION,AND FORESTRY CODE PAGE 2 N. Sell. To exchange goods or services for money; to trade or give away goods or services; or to offer or display goods or services for sale, trade, or giveaway. O. Shoat term concessionaire. A person or entity in any city park who sells to the public, trades, gives away, or offers or displays for sale, trade, or giveaway, any food or beverage. P. Special event. See definition in title 3, chapter 4 of this Code. Q. Sponsor. A person or entity allowed or engaged by the Department to provide monetary or in-kind support for a department event,program, or facility. 5-1-2. Use of park amenities. A. Compliance with regulations. No person in any park shall fail or refuse to comply with directions given by police officers or duly authorized representatives of the Director in regulating the time, place, and manner of any activity in any park when necessary to maximize use and secure the safety, comfort, and convenience of all park users. B. Regulations for use and reservation of all park amenities. The following regulations shall apply generally to the use of any and all park amenities: 1. First come,first served. Unless reserved in accordance with department procedures and policies, all park amenities shall be available on a "first come, first served"basis. No person shall be authorized to use any unreserved park amenity to the exclusion of other persons or uses except at such time at which and by such person by whom a park amenity is reserved pursuant to the provisions of this chapter. 2. No admission to be charged. No person or organization, including a person or organization with a reservation, may charge admission to any park or park amenity without written permission of the Director. C. Regulations for use and reservation of all reservable park amenities. In addition to the regulations applicable to the reservation and use of all park amenities as set forth above, the following regulations shall apply generally to the use of any and all reservable park amenities. 1. Reservation request. Any person or organization may request that the department reserve a reservable park amenity for its lawful use. Upon receipt of such request and payment of applicable fees as established by fee schedule,the department shall reserve the reservable park amenity according to the procedures for equitably allocating reservations as enumerated by administrative policy. No reservation fee shall apply to historic Meridian special events as defined in title 3, chapter 4 of this Code. 2. Scope of reservation. The authority of a reserving parry to exclude other persons or uses from a reservable park amenity extends only to that imparted by the specific terms of a valid reservation. The reservable park amenity specified on a written reservation PARKs,RECREATION,AND FORESTRY CODE PAGE 3 shall be the only park amenity reserved by and for the reserving person or organization. In no case shall the reservation of a reservable park amenity impart authority to physically touch or remove any person, object, or use from a park amenity, or to violate any other provision of law. 3. Condition following use. Reserving parties shall leave reserved park amenities clean of debris and in the same condition after use, which shall include the disposal of garbage and other refuse in disposal receptacles provided. If no such receptacles are available, then the reserving party shall remove all refuse and trash upon vacating the park. In addition to other civil and criminal remedies, the department may deny or revoke subsequent reservations to any person or organization who violates this section. 4. Use of reservable park amenities;goods and services. Except as otherwise allowed by Director's order or written permit: a. No person shall use a reservable park amenity to sell, offer for sale, or give away any good or service that a contract concessionaire sells or offers for sale at that park. b. No person shall use a reservable park amenity to sell or offer for sale any recreational programming that is available to the public from or offered to the public by the Department at that park. Provisions of this chapter regarding specific regulated use of parks may also apply to sales of goods or services in parks. 5-1-3. Specific regulated uses of parks. In addition to laws or policies of general applicability, the following standards regarding the time,place, and manner of operation or occurrence of these specific park uses shall also apply: A. Special events and outdoor markets. A special event or outdoor market, as such terms are defined in title 3, chapter 4 of this Code, shall be allowed in a City park subject to compliance with each and all of the following regulations: 1. Temporary use permit required. No person shall operate a special event in a City park without first obtaining a temporary use permit from the City Clerk's Office. 2. Reservable park amenity reservation required. Where a special event is occurring at, utilizing, or would impede the typical use of a reservable park amenity, the organizer of the special event shall be required to reserve such amenity and all reservation fees shall apply. B. Mobile sales units. A "mobile sales unit," as that term is defined in title 3, chapter 4 of this Code, shall be allowed to operate in a City park subject to compliance with each and all of the following regulations. PARKS,RECREATION,AND FORESTRY CODE PAGE 4 1. Mobile sales unit license required. No person shall operate a mobile sales unit in a park without first obtaining a City of Meridian mobile sales unit license from the City Clerk's Office and express, written approval from the Director or designee. 2. Director approval. The approval of the Director or designee to operate a mobile sales unit in a park shall be limited as to the park(s), scope, and authority conveyed by such approval. The Director may decline to approve the application of any mobile sales unit to operate in a park where such mobile sales unit seeks to provide or offer: a. Services or programming otherwise available from the department; b. Goods that a contract concessionaire sells at that park; c. Goods, services, or programming that are incompatible with other lawful park uses or administrative policy. C. Short-term concessionaires. A"short-term concessionaire," as that term is defined in this chapter, shall be allowed to operate in a park subject to compliance with each and all of the following regulations. 1. Invitation required. It shall be unlawful to operate or act as a short-term concessionaire in a park without first obtaining a written invitation to operate such concession from the holder of a valid reservation of a reservable park amenity or the organizer of a public or private event. Such invitation must be expressly conveyed, and shall be nontransferable and limited to the scope and authority conveyed by such invitation. 2. Limit one. A party reserving a reservable park amenity or the organizer of a public or private event shall not extend an invitation to more than one (1) short-term concessionaire. If two (2) or more short-term concessionaires are present, a temporary use permit shall be required.establish the location, scope, and authority conveyed by such approval. The Director may decline to approve the application of any short-term concessionaire to operate in a park where such short-term concessionaire seeks to provide or offer: a. Services or programming otherwise available from the department; b. Goods that a contract concessionaire sells at that park; c. Goods, services, or programming that are incompatible with other lawful park uses or administrative policy. 3. Health Department approval may be required. No person shall operate as a short-term concessionaire in a park without first obtaining any and all licenses, permits, certifications, and/or inspections required by the Central District Health Department. 4. Amenity reservation may be required. Any person operating as a short-term concessionaire in or upon a reservable park amenity during a reservable time shall first reserve such reservable park amenity with the department. 5. Short-term concession permit required. No person shall operate as a short-term concessionaire in a park without first obtaining a short-term concession permit from the department. PARKS,RECREATION,AND FORESTRY CODE PAGE 5 a. Application for a short-term concession permit shall be made to the department, and shall include a completed application form provided by the department, which form shall include,but not be limited to: (1) The name and address of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name and address of such entity. Addresses required by this subsection shall include both local and corporate addresses, as well as both physical and mailing addresses. (2) A description of the operations, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur,under the short-term concession permit. (3) A description of any and all motor vehicles to be used by or in the course of the operation, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (4) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the short-term concession permit. (5) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, covering all claims which may arise from operations under or in connection with the short-term concession permit. Such insurance shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty(30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) for each occurrence of bodily injury or property damage, and five hundred thousand dollars ($500,000.00) general aggregate for general liability. (6) Application fee as set forth in the department's fee schedule, except that no application fee shall apply: (A)Where applicant is or represents a nonprofit organization exempt from federal income tax under 26 USC section 501(c); (B)Where applicant is or represents a governmental entity; or (C)Where applicant is seeking a short-term concession permit for the purpose of conducting fundraising activities for a school or youth organization. b. A complete application for a short-term concession permit shall be submitted to the Department at least fourteen (14) calendar days prior to operating as a short-term concessionaire. Within fourteen (14) calendar days of receipt of a complete application for a short-term concession permit, the department shall either issue a short-term concession permit to the applicant or deny the application. c. The department shall deny an application for a short-term concession permit where: PARKs,RECREATION,AND FORESTRY CODE PAGE 6 (1) The application is incomplete or required application materials or fees have not been timely submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The product to be offered or sold is offered or sold by a contract concessionaire at that park; (4) The product to be sold is incompatible with other lawful park uses or City policy; or (5) Denial is necessary to protect the public health, safety, or welfare. If an application is denied, the department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in Title 3, Chapter 1, Meridian City Code. d. The City of Meridian short-term concession permit shall include, on its face:. (1) The name(s) of the permittee and any employees and/or persons permitted to operate as a short-term concessionaire under such permit; (2) The time(s), date(s), place(s), and manner at and by which the short-term concession is permitted to occur; (3) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare or mitigate effects on park users. D. Sponsors. A Sponsor shall be allowed to operate in a park subject to compliance with each and all of the following regulations. 1. Invitation required. It shall be unlawful to operate or act as a sponsor in a park without first obtaining a written invitation to operate such concession from the Director or designee. Such invitation must be expressly conveyed, and shall be nontransferable and limited to the scope and authority conveyed by such invitation. The Director may decline to extend an invitation to any sponsor which is providing or offering: a. Services or programming otherwise available from the department; b. Goods that a contract concessionaire sells at that park; c. Goods, services, or programming that are incompatible with other lawful park uses or administrative policy. 2. Health department approval required. No person shall operate as a sponsor in a park without first obtaining any and all licenses, permits, certifications, and/or inspections required by the Central District Health Department. E. Mobile soup kitchens. A "mobile soup kitchen," as that term is defined in this chapter, shall be allowed in a park subject to compliance with each and all of the following regulations regarding the operation of such use: 1. Short-term concession permit required. No person shall operate a mobile soup kitchen in a park without first obtaining a short-term concession permit from the department. The short-term concession permit fee shall be waived. PARKS,RECREATION,AND FORESTRY CODE PAGE 7 2. Amenity reservation may be required. Any person operating a mobile soup kitchen in or upon a reservable park amenity during a reservable time shall first reserve such reservable park amenity with the department. The reservation fee shall not be waived. 3. Health department approval required. No person shall operate a mobile soup kitchen in a park without first obtaining any and all licenses, permits, certifications, and/or inspections required by the Central District Health Department. 5-1-4. General park regulations. Except as expressly authorized by written order of the Director, the following prohibitions shall apply in all City parks. Except as otherwise set forth in this section, violation of any of the following provisions shall be an infraction, the penalty for which shall be one hundred dollars ($100.00). These prohibitions shall not apply to police officers or MPR personnel acting in the course and scope of their duties. A. Incompatible uses. Uses incompatible with those enumerated in this chapter, as determined by the Director, shall be prohibited. B. Aircraft. No person shall launch, ride, land, tether, pilot,jump from, or dive from a hot air balloon, airplane, helicopter, hang glider, or other device designed for human flight. This provision shall not apply to miniature or toy versions of such aircraft, though other regulations may apply to the use of same. C. Alcohol. The sale, service, offer,provision, consumption, and/or possession of alcoholic beverages in a City park shall be prohibited, except where sold, served, offered, provided, consumed, or possessed in compliance with the following requirements: 1. Serving alcohol at a public event. At an event or activity open to the public, a person may sell, serve, offer, provide, or offer an alcoholic beverage to another person only pursuant to the terms and conditions of a valid temporary use permit duly issued for that event, and a valid alcoholic beverage catering permit duly issued by the City Clerk, if applicable. It shall be unlawful for any person to sell, serve, offer, or provide an alcoholic beverage to another person, at an event open to the public, in violation of this provision. A violation of this provision shall be a misdemeanor. 2. Consuming alcohol at a public event. At an event or activity open to the public, a person may consume or possess an alcoholic beverage only pursuant to the terms and conditions of a valid temporary use permit duly issued for that event. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. 3. Serving alcohol at a private event. At an event or activity not open to the public, a person may sell, serve, offer, or provide an alcoholic beverage to another person only with a valid shelter reservation, and a valid alcoholic beverage catering permit duly issued by the City Clerk, if applicable. It shall be unlawful for any person to sell, serve, offer, or PARKS,RECREATION,AND FORESTRY CODE PAGE 8 provide an alcoholic beverage to another person, at an event not open to the public, in violation of this provision. A violation of this provision shall be a misdemeanor. 4. Consuming alcohol at a private event. At an event or activity not open to the public, a person may consume or possess an alcoholic beverage only in conjunction with a valid shelter reservation. Any person consuming alcohol pursuant to this provision shall remain within twenty feet(20') of the reserved shelter. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. D. Amplified sound. No person in any park shall operate or aid in the operation of a private radio, stereophonic or sound amplification device at a greater volume than sixty-two (62) decibels measured from such devices to a distance of twenty(20) feet therefrom, except as otherwise allowed under a valid City of Meridian amplified sound permit, temporary use permit, or as otherwise allowed by applicable provisions of law or policy. 1. Application for an amplified sound permit shall be made to the department, and shall include a completed application form provided by the department,which form shall include applicant's name,physical address, phone number, date of birth, and driver's license number; description of the location at which amplified sound will be used; and the time of day, length of time, and date the amplified sound will be used. 2. Within seven(7) days of receipt of a complete application for an amplified sound permit, the department shall either issue an amplified sound permit to the applicant or deny the application. 3. The department shall deny an application for an amplified sound permit where: a. The application is incomplete or required application materials or fees have not been timely submitted; b. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; c. The proposed activity to be permitted will not be conducted in accordance with all applicable provisions of law or policy, including, but not limited to,this chapter; department policy; and/or Director's order; or d. Denial is necessary to protect the public health, safety, or welfare. If an application is denied, the department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in Title 3, Chapter 1, Meridian City Code. 4. The amplified sound permit shall include, on its face: a. The name(s) of the permittee and any employees and/or persons permitted to use amplified sound under such permit; b. The time(s), date(s), place(s), and manner at and by which the amplified sound permit is effective; c. Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare or mitigate effects on park users. PARKs,RECREATION,AND FORESTRY CODE PAGE 9 E. Boating, swimming or wading. No person shall boat, windsurf, swim, bathe or wade in any water or waterways, except in such water and at such places as are provided therefor and in compliance with all applicable and/or posted rules and regulations. F. Camping. No person shall set up a tent, shack, or any other temporary shelter for the purpose of camping, except by order of the Director, nor shall any person leave in a city park after closing hours any tent, shack, movable structure or vehicle that is or could be used for such purpose. G. Commercial use of City parks. No person shall use a City park,park amenity, or any portion thereof, to sell, trade, give away, or offer or display for sale, trade, or giveaway to the public, any good or service without a temporary use permit, short-term concession permit, or other written approval from the Director or designee for such use. A violation of this provision shall be a misdemeanor. H. Defacement and damage prohibited. No person in any City park shall: 1. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridge, table, bench, fireplace, railing,paving or paving material, water line or other public utility, part or appurtenance, either real or personal, or have in his possession any of the foregoing things or objects, or any part thereof. 2. Damage, cut, carve, transplant, or remove any tree or plant; 3. Injure the bark, or pick the flowers or seeds, of any tree or plant; 4. Attach any rope,wire or other contrivance to any tree or plant; 5. Dig in or otherwise disturb grass areas; or 6. In any way injure or impair the natural beauty or usefulness of any park amenity. A violation of this provision shall be a misdemeanor. I. Dogs. 1. Control of dogs. No person owning or having the care, custody,possession, or control of a dog shall permit or allow such dog to enter or remain except: a. Where such dog is controlled by a leash. b. Where such dog is confined in a motor vehicle. c. Where such dog is carried by such person owning or having the care, custody, possession, or control of such dog. d. At dog parks or park amenities designated by the department or Director as dog training and exercise grounds, subject to the rules and regulations as may be prescribed. 2. Removal of fecal matter. No person owning or having the care, custody,possession, or control of a dog shall: a. Fail to have in his/her possession the equipment necessary to remove his/her dog's fecal matter when accompanied by said dog in any park. b. Fail to remove the fecal matter deposited by his/her dog in any park before the owner leaves the immediate area where the fecal matter was deposited. This provision shall not apply to police officers and their service animals during the official performance of their duties; handlers of search and rescue animals during the PARKS,RECREATION,AND FORESTRY CODE PAGE 10 official performance of their duties; or persons with disabilities utilizing assistance animals. J. Fences and restricted areas. No person in any park shall climb upon or go inside security fences, maintenance service areas, or other permanently or temporarily restricted or closed areas. A violation of this provision shall be a misdemeanor. K. Fires. No person in any park shall light, build, or maintain a fire, except for culinary purposes in grills or fireplaces designated for such purpose, and no person shall leave the immediate area without first extinguishing such fire. L. Fireworks. No person in any park shall discharge, or have in his possession, any fireworks, except as specifically authorized by Director's order. A violation of this provision shall constitute a misdemeanor. M. Glass. No person shall use any container made of glass when such person is on asphalt, concrete, or other hard surface. N. Golf. Golfing or driving golf balls is prohibited except at Lakeview Golf Course, in specifically designated facilities. O. Hunting and fishing. No person shall hunt, harm, kill, trap, or throw projectiles at any animal or bird; nor shall any person collect, remove, or possess the eggs, nest, or young of any animal or bird. Fishing shall be allowed in compliance with all applicable and/or posted rules and regulations. Fishing licenses shall be required pursuant to Idaho department of fish and game regulations. P. Motor vehicles. 1. Enforcement of traffic regulations. No person shall fail to obey the direction of any police officer,park employee, or other person authorized by the Director to direct traffic in, into, or out of a city park. 2. Obey traffic signs. No person shall fail to observe any traffic sign indicating speed, direction, caution, stopping, parking restrictions or regulations, or other sign posted for proper control of vehicular or pedestrian traffic. 3. Speed of vehicles. No person shall ride or drive any vehicle, whether motorized or unmotorized, at a rate of speed exceeding fifteen (15)miles per hour, except as otherwise designated by posted signs. 4. Vehicles confined to roads. No person shall drive any vehicle anywhere except the paved park road or parking areas, or such other area as is specifically designated by the Director as a parking or driving area. PARKS,RECREATION,AND FORESTRY CODE PAGE I I 5. Hazardous operation. No person shall operate a motor vehicle in a park in a hazardous or dangerous manner, including, without limitation: racing; performing doughnuts, burnouts, drifting, rapid acceleration, squealing tires, engine revving, or allowing passengers to ride partially or fully outside of the motor vehicle. Q. Parking in parks. The provisions of Meridian City Code section 7-2-6(B) shall apply in city parks and pathway facilities. R. Pathways. 1. No person shall operate on a pathway: a motor vehicle, as such term is defined in Idaho Code section 49-114(17), an off-highway vehicle, as such term is defined in Idaho Code section 67-7101(17), or neighborhood electric vehicles (also known as golf carts), as such term is defined by Idaho Code section 49-123(1)0). 2. No person shall travel upon a pathway at a speed greater than is, or in a manner that is not, reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. S. Rules and regulations. No person shall violate any rules and regulations for the use of a park, or any of its facilities or programs as such are or may be posted or promulgated by the department, and/or the Director. T. Signs. Except as otherwise specifically allowed by written authorization of the Director and/or by permit or reservation approved by the Director,no person in any park shall paste, glue, tack or otherwise post or affix any sign, plaque, advertisement, or inscription, whether temporary or permanent, to or upon any park real or personal property, facility, or surface. This subsection shall not apply to plaques, tablets or signs posted or affixed by the city. U. Smoking. No person shall light,use, or consume any tobacco product or electronic smoking device in any city park,provided that this prohibition shall not apply to parking lots in City parks. The definition of the terms "tobacco product" and"electronic smoking device" shall be as set forth in Idaho Code § 39-5702. V. Toys and recreational equipment. 1. Model rockets. When other persons are present, no person shall launch a model rocket which is propelled by or includes a motor, black powder, composite propellant, or electric or explosive igniter. 2. Remote-controlled devices. When other persons are present, no person shall operate a remote-controlled toy, vehicle,unmanned aerial vehicle (drone), or other object. 3. Thrown objects. No person in any park shall throw,propel, or take part in the playing of any games involving thrown or otherwise propelled objects except in areas specifically designated for such forms of recreation. PARKs,RECREATION,AND FORESTRY CODE PAGE 12 4. Wheeled devices. No person in any park shall ride or operate a skateboard, roller skates, scooter, in-line skates,bicycle or other wheeled recreation equipment on any ornamental surface,picnic table, bench, tennis court, fountain area, splash pad,playground equipment,planter, sculpture or other structure not specifically designated for such activity. W. Trespass in parks. It shall be unlawful for any person to: 1. Be in a closed park. Enter, remain in, or be present within or upon the premises of a park or park facility or any portion thereof during the hours when the park is closed to the public, except for purposes of transit through the park, or as authorized by permit or Director's order. 2. Be in a closed area. Enter, remain in, or otherwise be present within an area of the park clearly delineated by signs or barriers as temporarily or permanently closed to the public. 3. Fail to leave if ejected. If ejected from a park by authorized personnel enumerated in section 5-1-6(A), fail to leave promptly and peaceably, or to return to the city park on the same calendar day of the ejectment. 4. Fail to comply with exclusion notice. If issued a park exclusion notice by authorized personnel enumerated in section 5-1-6(A), fail to leave promptly and peaceably, or to return to any city park during the exclusion period. 5-1-5. Park operations. A. Hours of operation. Parks shall be open to the public every day of the year from dawn to dusk, which shall be defined as thirty(30)minutes before sunrise to thirty(30)minutes after sunset. Visitors and vehicles shall be excluded during the hours of closure except when authorized by permit, where hours are otherwise posted, or for transit through a park. The Director shall have the authority to change the hours of any park by Director's order. B. Closed areas. Any section or part of any park may be declared closed to the public by the Director at any time and for any interval of time, either temporarily or at regularly and/or stated intervals and either entirely or merely to certain uses, as the Director shall find reasonably necessary. 5-1-6. Enforcement. A. Personnel authorized to enforce. Except where otherwise provided herein,peace officers, code enforcement officers, community service officers, the Director, and any other duly authorized City of Meridian representative shall enforce the provisions of this chapter. B. Ejectment. Personnel enumerated in section 5-1-6(A) shall be authorized to eject from a city park any person acting in violation of this chapter by verbally ordering such person to leave PARKS,RECREATION,AND FORESTRY CODE PAGE 13 the park. Any person ejected from a city park shall leave promptly and peaceably and shall not return to the city park for any reason on the same calendar day of his ejectment. C. Exclusion notice. Authorized personnel enumerated in section 5-1-6(A) shall be authorized to exclude from a city park anyone who, within a city park, violates any park rule, any provision of this chapter, or of Idaho Code, by providing a written exclusion notice to the offender by personal delivery or U.S. Mail. The offender need not be charged,tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or effective. The exclusion may be based upon observation by the officer, Director, or designee or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. 1. Exclusion. The Director or his designee may exclude the offender from all City parks for a period not exceeding fourteen (14) days from the date of the exclusion notice. 2. Notice. The exclusion notice shall be in writing and shall contain the date of issuance, the length and places of exclusion, and the issuing individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. 3. Appeal. An offender receiving an exclusion notice may, within two (2) days excluding weekends and holidays from service or receipt of the exclusion notice, appeal to the Police Chief or designee for the purpose of reviewing the exclusion. The notice of appeal shall be filed with the City Clerk. The appeal must be in writing and must set forth the reason why such exclusion should not be enforced. The exclusion shall be stayed upon filing of a notice of appeal. The Police Chief or designee shall hear the appeal within thirty(30) days following the date the appeal is filed with the City Clerk. The Police Chief or designee may uphold the exclusion, overturn the exclusion, or shorten the length of the exclusion. The Police Chief s or designee's decision shall be a final decision. No determination of facts made by the Police Chief or designee shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of the same facts in a subsequent criminal prosecution. 4. Voluntary compliance emphasized. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules and in such a way that inadvertent minor violations can be corrected without resort to an exclusion notice. 5. Other penalties. Issuance of an exclusion notice pursuant to this section does not preclude the issuance of a citation or other criminal charge for the same behavior. 5-1-6. Penalties. Except where otherwise provided herein, the violation of any provision of this chapter, any duly effectuated administrative policy of the department, or Director's order, shall be a misdemeanor. Nothing in this chapter shall be construed as to limit City employees or other authorized persons from performing their official or City-authorized duties. PARKs,RECREATION,AND FORESTRY CODE PAGE 14 Chapter 2. PUBLIC TREES AND MERIDIAN FORESTRY PROGRAM 5-2-1.—Definitions. For purposes of this chapter, the following terms shall be defined as follows: A. Department. The Meridian Parks and Recreation Department. B. Director. The Director of the Meridian Parks and Recreation Department or Director's designee. C. Public tree. Any tree, including roots within the critical root zone, whose trunk is located partly or wholly on City property. D. Right-of-way tree. Any tree, including roots within the critical root zone, whose trunk is located partly or wholly in the public right-of-way, as such term is defined in Title 40, Idaho Code. 5-2-3. Establishment and duties of the City Arborist. A. Designation. The Director shall designate a staff member as the City Arborist. B. Duties. The City Arborist, subject to available resources, is authorized to carry out the following duties: 1. Establish policies to carry out the provisions of this chapter. 2. Develop, administer, and maintain the Urban Forest Management Plan and budget. 3. Recommend a list of public tree species appropriate for planting, a list of prohibited public tree species, and an official set of spacing requirements. 4. Provide information and advice to citizens and City employees, including Code Enforcement Officers, regarding the health and condition of trees and maintenance or removal necessary to protect public safety. 5. Manage and regulate the planting, maintenance, protection, removal, and replacement of all public trees. 6. As needed, consult with City departments regarding public tree care. 7. Communicate forestry program accomplishments to City Council. 8. Coordinate and promote Arbor Day activities. 9. Support public awareness and education programs relating to trees. 10. Submit the annual application to renew the City's Tree City USA designation. 5-2-4.—Tree planting and care standards. A. Public tree standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 tree care standards and shall follow all tree care best management practices published by the International Society of Arboriculture. PARKS,RECREATION,AND FORESTRY CODE PAGE 15 B. Privately-owned tree standards. All planting and maintenance of privately-owned trees shall comply with the Meridian Unified Development Code, including UDC section 11-3B-5. C. Nuisance trees. Pursuant to Title 4, Chapter 2, Meridian City Code, the Code Enforcement Division of the Meridian Police Department shall manage abatement of nuisance trees, with the assistance of the City Arborist. 5-2-5.—Prohibition against harming public trees. A. Public tree pruning unlawful. It shall be unlawful for any person to prune or remove, or cause the pruning or removal of a public tree or right-of-way tree or any portion thereof, without first obtaining written permission from the City Arborist. B. Public tree damage unlawful. Pursuant to Meridian City Code section 4-2-2(C), it shall be unlawful for any person to damage, mutilate or destroy any public tree; attach any device or structure to a public tree; or store, spill or dump substances, whether liquid or solid, in a manner which may be harmful to any part of a public tree. C. Park tree damage unlawful. Pursuant to Meridian City Code section 5-1-4(H),no person in any City park shall damage, cut, carve, transplant or remove any tree; injure the bark or pick the flowers or seeds of any tree; or attach any rope, wire, or other contrivance to any tree. D. Construction near public tree. Any person performing construction that may affect any public tree or part thereof shall first consult with the City Arborist and shall employ appropriate measures to protect the tree, according to the latest edition of"Best Management Practices—Managing Trees During Construction,"published by the International Society of Arboriculture. 5-2-6.—Penalties. The violation of any provision of this chapter shall be a misdemeanor. Each violation of this chapter shall constitute a separate violation. Section 3. That all City of Meridian ordinances, or parts thereof, that are in conflict with this ordinance are hereby repealed. Section 4. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 13th day of May, 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 13th day of May, 2025. PARKs,RECREATION,AND FORESTRY CODE PAGE 16 APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk PARKS,RECREATION,AND FORESTRY CODE PAGE 17 CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 25 -2083 An ordinance repealing Title 13, Meridian City Code, regarding parks and recreation regulations; adopting a new title, Title 5, Meridian City Code, regarding parks, recreation, and forestry; repealing conflicting ordinances; and providing an effective date.