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HomeMy WebLinkAbout2025-10-14 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 14, 2025 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener 1. Approve Minutes of the September 16, 2025 City Council Work Session 2. Approve Minutes of the September 16, 2025 City Council Regular Meeting 3. Approve Minutes of the September 23, 2025 City Council Work Session 4. Brundage Estates Subdivision No. 1 Pedestrian Pathway Easement (ESMT-2025- 0099) 5. Horse Meadows Subdivision No. 2 Sanitary Sewer and Water Main Easement (ESMT-2025-0104) 6. Horse Meadows Subdivision No. 2 Pedestrian Pathway Easement (ESMT-2025- 0011) 7. Wadsworth Meridian Subdivision Water Main Easement No. 3 (ESMT-2025-0117) 8. Termination of Access Easement - Millwood Subdivision 9. Final Plat for Southridge South Subdivision No. 2 (FP-2025-0011) by The Land Group, located at 2347 W. Overland Rd. 10. Final Order for Mogul Industrial Park Subdivision No. 1 (FP-2025-0024), by The Land Group, generally located at the northwest corner of Black Cat Rd., and I-84 11. Final Order of Denial Reasoned Statement for In-N-Out Burger (CR-2025-0002) by In-N-Out Burger, located at 5985 & 6037 N. Ten Mile Rd. 12. Development Agreement (Ten Mile Flex H-2025-0027) Between City of Meridian and Ten Mile Storage Condos LLC for Property Located at 4255 N. Ten Mile Rd. 13. Music License Agreement Between AllTrack Performing Rights and the City of Meridian 14. Memorandum of Agreement between the City of Meridian and Capital Educators Federal Credit Union (CapEd Credit Union) for 2025-2026 Water Tower Championship Competition Sponsorship 15. Amendment to the Co-location agreement at Fire Stations 7 to Change Invoice Dates 16. Amendment to the Co-location agreement at Fire Stations 8 to Change Invoice Dates 17. Fire Safety Center Asset Transfer Agreement Between the City of Meridian and the Joint School District No. 2 18. Renewal Agreement between Ada County Emergency Medical Services District and City of Meridian for Fiscal Year 2026 Training Center Access 19. Authorize and approve Procurement Manger to Issue Fiscal Year 2026 Purchase Order on behalf of the Community Development Department to SAFEbuilt LLC for Professional Plan Review Services for the Not-to-Exceed amount of $243,803.73 20. Authorize and approve Procurement Manager to issue Purchase Order on behalf of the Public Works Department to the City of Nampa for the Not-to-Exceed amount of $657,422.80 21. Authorize and approve Procurement Manager to issue Purchase Order on behalf of the Wastewater Department to the Dubois Chemicals for Ferric Chloride Chemicals for the Not-to-Exceed amount of $224,000.00 22. Authorize and approve Procurement Manager to issue Fiscal Year 2026 Purchase Order on behalf of the Water Department to Ferguson Enterprises, Inc. for New and Replacement Water Meters for the Not-to-Exceed amount of $1,116,348.76 23. Approval of Request for connection to City Water and Sewer System by Bae Jong at 3780 E. Overland Rd. 24. Farm Lease Agreement Between Douglas J. Thurgood (dba DJ Thurgood Farms) and the City of Meridian for Fields District Park Property 25. Resolution No. 25-2543: A Resolution Approving Lease Agreement with DJ Thurgood Farms for Land Owned by the City of Meridian ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 26. Recognition of Lieutenant Jeff Brown for 25 Years of Service 27. Employee Benefits Plan Trust Financial Status and Funding Discussion ADJOURNMENT 5:21 PM Meridian City Council Work Session October 14, 2025. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, October 14, 2025, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Members Absent: Liz Strader. Other Present: Chris Johnson, Bill Nary, Christina Barney, Berle Stokes, Steven Taulbee and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Brian Whitlock Anne Little Roberts X John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will go ahead and call this meeting to order. For the record it is October 14th, 2025, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adopt the agenda as presented. Overton: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it, and the agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the September 16, 2025 City Council Work Session Meridian City Council Work Session October 14,2025 Page 2 of 17 2. Approve Minutes of the September 16, 2025 City Council Regular Meeting 3. Approve Minutes of the September 23, 2025 City Council Work Session 4. Brundage Estates Subdivision No. 1 Pedestrian Pathway Easement (ESMT-2025-0099) 5. Horse Meadows Subdivision No. 2 Sanitary Sewer and Water Main Easement (ESMT-2025-0104) 6. Horse Meadows Subdivision No. 2 Pedestrian Pathway Easement (ESMT-2025-0011) 7. Wadsworth Meridian Subdivision Water Main Easement No. 3 (ESMT- 2025-0117) 8. Termination of Access Easement - Millwood Subdivision 9. Final Plat for Southridge South Subdivision No. 2 (FP-2025-0011) by The Land Group, located at 2347 W. Overland Rd. 10. Final Order for Mogul Industrial Park Subdivision No. 1 (FP-2025- 0024), by The Land Group, generally located at the northwest corner of Black Cat Rd., and 1-84 11. Final Order of Denial Reasoned Statement for In-N-Out Burger (CR- 2025-0002) by In-N-Out Burger, located at 5985 & 6037 N. Ten Mile Rd. 12. Development Agreement (Ten Mile Flex H-2025-0027) Between City of Meridian and Ten Mile Storage Condos LLC for Property Located at 4255 N. Ten Mile Rd. 13. Music License Agreement Between AIITrack Performing Rights and the City of Meridian 14. Memorandum of Agreement between the City of Meridian and Capital Educators Federal Credit Union (CapEd Credit Union) for 2025-2026 Water Tower Championship Competition Sponsorship 15. Amendment to the Co-location agreement at Fire Stations 7 to Change Invoice Dates 16. Amendment to the Co-location agreement at Fire Stations 8 to Change Invoice Dates Meridian City Council Work Session October 14,2025 Page 3 of 17 17. Fire Safety Center Asset Transfer Agreement Between the City of Meridian and the Joint School District No. 2 18. Renewal Agreement between Ada County Emergency Medical Services District and City of Meridian for Fiscal Year 2026 Training Center Access 19. Authorize and approve Procurement Manger to Issue Fiscal Year 2026 Purchase Order on behalf of the Community Development Department to SAFEbuilt LLC for Professional Plan Review Services for the Not-to-Exceed amount of $243,803.73 20. Authorize and approve Procurement Manager to issue Purchase Order on behalf of the Public Works Department to the City of Nampa for the Not-to-Exceed amount of $657,422.80 21. Authorize and approve Procurement Manager to issue Purchase Order on behalf of the Wastewater Department to the Dubois Chemicals for Ferric Chloride Chemicals for the Not-to-Exceed amount of $224,000.00 22. Authorize and approve Procurement Manager to issue Fiscal Year 2026 Purchase Order on behalf of the Water Department to Ferguson Enterprises, Inc. for New and Replacement Water Meters for the Not- to-Exceed amount of $1,116,348.76 23. Approval of Request for connection to City Water and Sewer System by Bae Jong at 3780 E. Overland Rd. 24. Farm Lease Agreement Between Douglas J. Thurgood (dba DJ Thurgood Farms) and the City of Meridian for Fields District Park Property 25. Resolution No. 25-2543: A Resolution Approving Lease Agreement with DJ Thurgood Farms for Land Owned by the City of Meridian Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve the Consent Agenda as presented, for the Mayor to sign and the Clerk to attest. Overton: Second. Meridian City Council Work Session October 14,2025 Page 4 of 17 Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved to the -- moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 26. Recognition of Lieutenant Jeff Brown for 25 Years of Service Simison: So, we will go into Department/Commission Reports. First item up is Item 26, which is the roasting of Lieutenant Jeff Brown for 20 -- oh. Recognition. Sorry, Recognition of Lieutenant Jeff Brown for 25 years of service. Council, I'm going to recognize Chief Basterrechea, who is joining us remotely as we kick off this item. Chief. Basterrechea: Thank you, Mayor, Members of the Council. I wish I was there, because this is a very big deal for us as a department and, really, on a personal note, very important to me. Jeff is -- what I would say is the epitome of a professional when it comes to police work and when it comes to his dedication to the city and his dedication to the peer -- to his peers. He is somebody that has always led from the front. Always has the best interest of those around him in mind and this will embarrass him a little bit, but he is kind of the type of guy you would want your daughter to marry. He is a great dad and a -- and a great husband, which is even -- even more important and I just -- it's really hard to put in words truly how dedicated he is to the city and he is an employee that believes in the city and believes in doing things the Meridian way, believes in the way that we police, the way that we expect our officers to treat people. He really gets it. And so I'm very -- very proud to recognize him for his 25 years with the city and make him stand up and be embarrassed a little bit here today. Simison: Thank you, Chief, very much for -- for those -- those words. Berle, he is going to come up as well and I want to turn this over to maybe -- maybe Councilman Overton I'm sure for a few comments, so you can come up and be in front while he makes his comments as well, but -- Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I was just checking to see if he was armed before I say this. You know, Jeff Brown is one of those people that he is literally not just been the poster child for Meridian PD, but he has been that way through his entire career. I remember him when he came on and he -- he was too happy. In fact, I think we even told him sometimes Meridian City Council Work Session October 14,2025 Page 5 of 17 when he was starting he just had too big of a smile and he just seemed too happy as he was doing the job and we came to realize that it wasn't just his personality, but he was just so happy to be here and be part of that family and I couldn't be more proud to see him today after this many years to still be there, to still be smiling, because you have got that same smile on your face right now and it just warms my heart to see you hit the 25 year mark and to keep going for another ten. I appreciate that a lot. Thank you. Simison: Captain -- oh. Councilman Cavener. Cavener: Mr. Mayor, I was going to let the presentation commence. I have got plenty to say, but I think let's -- Simison: Okay. Cavener: -- let's -- let's recognize the man of the hour instead. Stokes: So, again, I literally had to order Jeff to be here today. He does not like the spotlight at all. He is a quiet, humble leader and he is always been that way. A few details about his career. I will keep it brief, again, at Jeff's request, but, you know, he has been a field training officer, a patrol corporal, a K-9 handler, a drug recognition expert, patrol sergeant, CID sergeant. He has been a lieutenant in both patrol and CID -- or patrol and, then, is now in our OPS division, which does hiring and, you know, all those kinds of things. His biggest challenge in his entire career was being my field training officer and somehow he made it through that. So, he is absolutely, like the chief said, he is a pillar in our department and the day he retires we will lose something that cannot be replaced, so -- I don't know if we want to take pictures. Do you want to say anything? We got to get pictures with this. Okay. There is lots of swag for you, Jeff. And the last thing I'm supposed to say is there is cake in the lobby. Simison: Well, thank you for 25 years with the city and, Council, we appreciate you allowing us to continue to recognize these employees here and as was mentioned there is cake in the -- in the lobby. So, the quicker we get through the next item the quicker we can all enjoy the cake. But those that showed up, it's great to see some old friends back to recognize milestones of current friends and family. So, thank you, captain, for being here. 27. Employee Benefits Plan Trust Financial Status and Funding Discussion Simison: Okay. With that we will move on to Item 27, which is employee benefits plan trusts financial status and funding discussion. Christena is going to take the mic initially. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session October 14,2025 Page 6 of 17 Cavener: Before we jump in just a couple of quick comments and conversations for the Council. Council, I don't think it's any surprise that you know that my wife works for an insurance company Regents of Idaho. However, through the course of our conversation with the trust over the summer and into the fall -- I have met with the legal department to discuss this as it's contemplated by that -- by the state statute. I did request an opinion from the Meridian legal department regarding whether it would present a conflict of interest for me to participate in the City Council discussions related to the trust, given that a member of my household works for Regents. I met with legal over the course of summer and concluded a conversation October 10th, 2025, where it was confirmed that Adrean's job as title of director of public affairs and government relations and her tasks include representing Regents primarily on state issues and lobbying at the state level on public policy priorities on behalf of Regents and their industry. Her tasks do not include soliciting business from local government agencies, responding to requests for proposals on behalf of Regents, or making decisions whether -- regarding whether to pursue new accounts or which new accounts to pursue. Agent role at Regents does not put her in a position to vote or otherwise influence any decision to bid or to accept a bid on any particular account. Adrean has a fixed salary. She does not receive commission, salary increases or bonuses when Regents obtains new accounts. In reviewing Idaho and Meridian code, though, the city legal department has identified that most of our discussions on the trust pose no conflict. However, there are some rare instances where a possible conflict or a perceived conflict could exist. I plan to make a disclosure similar to this each time our trust or benefits plan is discussed and would encourage the Council to talk to me or ask me to recuse myself at any point if you believe my attendance or participation could create an issue of concern for the Council. I'm happy to answer any questions from the Council now or if you would like me to recuse myself from this conversation moving forward I'm happy to take that direction as well. Simison: Council, any comments, questions? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. President, I am perfectly comfortable with you participating. I think it's the more voices the better at this point. I think if we ever do go out for bid and Regents is part of the bid process at that point we may need to have a different discussion. Cavener: Mr. Mayor. Council Woman Little Roberts, I appreciate that feedback. Simison: All right. Seeing nothing else, Christena, I will turn it over to you for initial turning over. Barney: All right. Well, thank you, Mayor, Council. I have Scott from Gallagher here. He is going to do the presentation on behalf of the trust. I'm going to stand here, Meridian City Council Work Session October 14,2025 Page 7 of 17 though, just so that I can answer any questions when he completes the presentation. So, I will turn it over to Scott. Howell: Thank you. Mr. Mayor and Council, thanks for having us here. Probably recall we were here a few months ago talking about the -- the funding status of the trust as of the end of the first quarter of 2025 at the end of Q1 2025 the trust was running at a deficit of 418,976 dollars. The Board of Trustees came before the Council that time asking for a funding request to cover that deficit and the projected deficit for the -- for the remainder of the year. Total request at that time was 1.14 million dollars. At that time Council approved a funding increase in the amount of 550,075 dollars and at that time requested that we come back to -- with updates as -- as the year progressed. At the time we also did have some discussions about the -- the carrier partners of the trust and the contract status of those partners. Talked about likely -- well, talked about being in a rate guarantee with Blue Cross of Idaho through 2026, so possibility of evaluating new partners next year. So, now we have our Department of Insurance filing -- filed for the second quarter, so with an update through the end of the second quarter as of June 2025 the deficit is up to 733,063 dollars. The 550,000 dollars that was approved by Council previously was credited in July, so it is not reflected in that 770 -- or 733,000 dollar deficit. It will be reflected on the quarter three financials. So, that will reduce that 733,000 dollar deficit, but not eliminate it. The reason that the trust continues to run at a deficit is simply that our -- the claims costs have been running significantly higher than -- than anticipated this year. The timing of our actuarial analysis of the funding rates, that happens in August, September of the -- of the year prior. So, in August and September of 2024 our actuaries were reviewing claims experience in the trust. The way they do that is looking back at the prior 24 months and using that two years of experience to project forward including some inflation for -- for medical trend. The -- the claims experience kind of turned for the worse around November. So, it was after the -- the rates had been filed with the Department of Insurance for 2025, the experience turned and it has stayed high since about last November. Large claims -- so claimants with claims exceeding a hundred thousand dollars is the primary reason that the claims experience is running higher than expected. Just to give you a little bit of context there, so far through 2025 our number of large claims is up by 31 percent compared to the same period in 2024. The cost of those large claims is up 51 percent relative to that same period in 2024. Cancer is the leading diagnosis of those large claims. In the last 18 months we have had about 2.4 million dollars in claims attributed to cancer diagnosis. So far in 2025 -- so, these are numbers through -- actually through August of 2025. We have -- as a trust we have spent more on cancer than we spent the entire year of 2024. All of the other conditions are running about the same. It really is those cancer claims that are driving costs in this last plan year. So, the deficit I mentioned earlier is -- as of the second quarter -- as of the end of September the third quarter has ended. We are still waiting for September reporting to come through from Blue Cross, but we know from the weekly claims invoices that we have and the reporting that's been completed for July and August that that trend of claims exceeding the funding has continued through the third quarter. This experience report highlights that as of the end of August the loss ratio of the plan or the ratio of claims and administrative costs compared to the funding is 116.55 percent, meaning that the -- the claims and Meridian City Council Work Session October 14,2025 Page 8 of 17 administrative costs have exceeded the funding so far this year by just over 16 and a half percent. We don't anticipate that that will change through the fourth quarter and the rates that we have filed with the Department of Insurance for 2026 are 17 percent higher than the -- than the rates that we are currently funding. Just as a note as well, as we get later into the year that's typically when we see utilization at its highest as people have met their deductibles and maybe looking to -- to get things done before deductibles reset again in January. For the 2026 plan year the trust did approve some benefit changes to mitigate the cost increase. We are increasing the maximum out of pocket on the -- on the medical plan from 2,250 dollars per individual to 2,500 dollars per individual. That's 4,500 to 5,000 for people with family coverage. That benefit change is worth about one percent, so mitigated a little bit the cost increase. Again, the -- the rate increase that we filed with the Department was 17 percent on medical, 11.2 percent on dental and no change to the vision rates. With that funding increase and the benefit changes our -- our actuarial projections are that the -- the claims cost we expect to be covered adequately in 2026. It's never an exact science as we -- as we see this year. Things can turn quickly. However, we have seen consistent enough numbers in the last ten months to -- to expect that they will continue at -- at the rate that they are and, of course, the goal of the trust is to have the funding adequately carry the cost of the plan. So, with that increase that is -- the funding increase that will happen for next year, just to reiterate, the desired state is that that will adequately fund the trust, along with any payroll contributions from employees, so that we won't have to be here making additional funding requests and also there are plans to -- with cancer being the leading driver of claims cost, we evaluated a couple of cancer solutions this last year that will help provide some increased resources to people who are dealing with that diagnosis, help direct them to centers that can better treat their condition at -- at a more -- at a better value as well and so adding that plan is not something that we did for 2026, but it's -- the funding increase, the trust feels that that funding increase next year will allow them to further explore additional programs such as the cancer program that I just mentioned. Every year when we do our actuarial projections the intent is to -- is to set a number that adequately funds the trust, not one that provides a bunch of extra cushion necessarily, but one that -- that adequately funds the trust. In a year like we have had this year, if we are funding to just what we think it will need, if claims turn like they did this year that does put us quickly into a deficit position, but that -- the intent when the trust was first started was to build up a reserve to help protect against times like this and also to -- to fund for some future benefit initiatives around post-employment, things -- things like that. The Department of Insurance actually requires the trust to maintain the equivalent of three months of contribution as -- as a surplus and the Idaho Administrative Procedure Act, Section 18.04-05-026 states that if determination of surplus reveals a deficiency the director may allow the plan up to 90 days to accumulate the prescribed surplus. Otherwise there can be consequences, such as deeming the plan insolvent. So, that's why we are here in the current deficit position. The Department of Insurance does require us to -- to add to the surplus in order to be adequately funded. So, the request from the trust -- again, the deficit as of the end of quarter two is 733,000. We do have the credit of 550,000 from the previous funding requests that -- that will be applied in July. With what we know of the quarter three experience we anticipate a deficit of an additional 411 ,000 in quarter three. If the trends Meridian City Council Work Session October 14,2025 Page 9 of 17 continue the way that they have for the remainder of the year we anticipate a deficit of an additional 343,000 in quarter four. So, our ask is the -- is -- is funding that would get us through the rest of the year. That totals 937,926 dollars, which with the 550 from earlier in the year comes to a total 1.488 million. So -- so, that is what I have. Happy to take any questions. Simison: Thank you, Scott. Council, any questions for Scott? Christena? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, Scott and Christena. With the actuary data how does our data compare to -- if we had just stayed outsourcing? Is there a way to tell the difference between their data versus our data? Because I think we originally did this thinking that we had a healthy population it would save money and we would be able to obtain our other goals and instead we are seeing the reverse. Howell: Yeah. So, had we stayed fully insured or outsourced -- the claims experience that we are having would have happened that way as well. When you are fully insured, of course, you pay a level amount every month throughout the year and, then, the funding adjustments happen only at renewal time. Whether you are fully insured or self- insured an employer of your size ends up paying your way regardless of the funding method. So, the timing is really the -- the big difference. The other advantage that you always have when you are self-insured versus fully insured from a financial perspective is there is some margin that an insurance company builds into their fully insured rates, some taxes and fees that are built into a fully insured rate that are either eliminated or reduced when you are -- when you are self-insured. So, over the long term self- insurance does remain the -- the lower cost alternative. It does have volatility month to month, quarter to quarter that fully insured doesn't have. Little Roberts: Thank you. Simison: I like to say you pay it coming or going. Pay it now or pay it later. Howell: That's right. Simison: For the cost of what we receive. Howell: That's right. Barney: And, Council, I will just add to that. The flexibility that we have with self- insured the ability to add on these prevention programs when we start to see trends is not something that you get when you are fully insured. Simison: Councilman Cavener. Meridian City Council Work Session October 14,2025 Page 10 of 17 Cavener: Thanks. Scott, this 31 percent increase in claims, recognize nobody's got a good crystal ball, so I -- no big deal on that. How many people does that represent, that 31 percent increase? Howell: I don't have that off the top. Cavener: Ballpark. Howell: So, I know -- I looked at the number of cancer claims before I came here and that was seven. My guess ballpark is that we are talking overall 25 or 30 people and we can verify that, but -- Taylor: Mr. Mayor? Simison: Councilman Taylor. Thank you for the presentation. A couple of questions. I think my first question is when you were discussing how to adjust the out-of-pocket maximum for individuals and families, did you consider increasing it above what you had? I mean I'm sure you ran some of the numbers and you settled on this as being the appropriate amount. Give me a sense that -- do you -- do you feel like that's one of the better ways to sort of address this financially is through having essentially the employees pay a little bit more? Kind of walk me through that thinking a little bit. Howell: Yeah. So, generally the levers that we have when we are looking at saving costs on a self-insured plan, a lot of the levers are cost shifting, whether that happens through benefit design, so increasing deductibles, increasing out-of-pocket limits or through contribution, asking employees to pay more out of their paycheck to participate in the coverage. There are some other programs that are intended to reduce the overall cost of care, which is really ideal, rather than just shifting it to actually lower the cost. Some of those are similar to the cancer program that I mentioned before. We did evaluate deductible changes, higher changes to the out-of-pocket limits and the trusts settled on the -- on the relatively small out-of-pocket change that I mentioned. Taylor: Mr. Mayor, quick follow up. Simison: Councilman Taylor. Taylor: I just want to ask about the -- you -- when you were talking about the cancer, you mentioned a few -- sort of -- looked like new resources or ways to try to go at that increase. Are those just resources we are making our employees aware of? Is it something that the trust will be paying for and sort of a follow on, is this -- is this normal for the trust to say, well, let's find this way to treat it or should that come through the actual -- I mean from the -- from Blue Cross. I'm just trying to kind of understand where that should -- should fall. Howell: Yeah. So, the particular program that I mentioned is one that the trust would pay for through a third party. Blue Cross also does offer -- and any carrier offers care Meridian City Council Work Session October 14,2025 Page 11 of 17 management programs that are intended to help with -- with those conditions. What we typically see is because an insurance carrier has to -- they have to think about managing everything that when you are looking at managing a particular condition that oftentimes a third party that specializes in that will do a better job. It's just a matter of balancing both the cost of adding a program and the complexity of adding a program to determine whether it's -- it's the right direction to -- to outsource that or to bundle it with -- with the carrier. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Is it on now? There it goes. Okay. New microphone. Cancer stinks all the way around no matter how you look at it, but as I was looking at one of the previous slides that indicated that pharmaceuticals I think had gone up just point .83 percent. Given that cancer is heavily reliant on -- on pharmaceuticals, how -- reconcile that in my mind for me. Howell: Yeah. So, the -- the pharmacy or prescription numbers that you see on the reporting are retail pharmacy claims. There are -- especially with cancer there are significant drug costs that run through the medical plan, so they don't show as pharmacy claims on the reporting, they show as medical claims. But certainly there are significant drug costs for anybody that's going through a cancer treatment. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Scott, a couple of quick follow ups. One, I don't know if you or the trust or HR put together the memo. That's very very helpful. I appreciate that. As I understand you are -- you are a vendor for the trust; correct? Howell: Correct. Cavener: So, these changes in terms of increasing we are asking employees if they are adding somebody outside of them, is that a recommendation that comes from you, the suggestion of this third party organization that helps with folks that are on cancer, is that a recommendation that comes from you to the trust? How does that work? And maybe give this Council a little further about what your role is in working with the trust. Howell: Yeah. So, our role is as a consultant to the trust generally the way that those -- like we use the cancer program specifically, as we are meeting with the trust reviewing claims experience we will point out that cancer is driving costs. The trust will -- will instruct us to -- to find some options to help mitigate that cost. We will go find those programs, present them to the trust and make a recommendation that is sometimes accepted and sometimes not, but -- yeah. Meridian City Council Work Session October 14,2025 Page 12 of 17 Cavener: Okay. Thank you. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: So, we are talking about a health trust. We are talking about the insurance that we self-insure all of our city employees and their families. I sometimes think we get too caught up in the numbers and we forget the people and I just want to make sure we take a second and remember that behind every one of these numbers you are talking about is we have got families out there that are hurting very badly and because we have such an insurance plan we are able to help take care of those families and keep them whole. Would you say that the trust is still the right choice for our city going forward compared to having a full service or going back to how we had it before the trust started? Barney: Absolutely. One hundred percent without a doubt. This is the best path for us and in large part to your point the families and the people that are impacted by these, the trust gives us the ability to provide them additional resources, to modify our benefits to address those trends and those things that they are dealing with. Fully insured plan does not. Simison: Council, any additional questions, comments? I'm just going to add, yeah, don't talk to a lot of employees about their healthcare challenges and situations, but, unfortunately, I feel like I know half of the people personally who cancer has hit their family this year, which, you know, quite frankly, I was surprised when the number was so low, because I already know so many through that context and it just, you know, makes me realize, you know, if seven families can be impacted by this out of the over 600 that we have with the city, I mean sometimes we are touching just the tip of the iceberg and we don't know what's out there or what might come down the road and that -- you know, that's a challenge. You know, this -- these are financial challenges one way or the other, but as said we don't pay for this for free. I think that, you know, the one thing I will just mention -- say to Council is, you know, if these are concerns that we need to start having those as we head into this next year's budget year. If we need to have the trust look at these decisions in a different way from here is how much we feel comfortable that we can do or can't do, so they have better clarification on how to make adjustments for deductibles or types of coverage or those type of things. I just encourage Council to start thinking about that, you know, because if not this -- this can happen in bad years and, then, we might go three years where you never see them, except for during the budget year, because things are going well, but it can be hard when these conversations have to come forward and nobody likes them. You know, there are people behind it, but it's still -- you know, they would like to be right one hundred percent of time on their projections and when -- so, it's only during the budget year. But there are other -- there are ways we can look at this long term if we feel the need is there. But I'm not asking for feedback now, I'm just throwing that out there for you all to be thinking about over the next six months before we get to next March and April and we Meridian City Council Work Session October 14,2025 Page 13 of 17 start figuring out what our budget looks like for the trust for the following year. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate you saying that and certainly right when we are in budget season we are -- we are laser focused on dollars and cents, but it's important to me that we aren't rushing to the cheapest alternative for our employees; right? Not on a cancer diagnosis, not on anything, and so to me it is important -- you know, we have had more conversations from the trust this year than we have had in the totality of the trust existence combined and so it's hard for us to grasp when we are not hearing updates, we are not getting information. So, I take that this presentation is a -- is a step in the right direction to help us understand what makes up the dollar amount. We are understanding what the utilization is and we are making sure that were we reinforcing -- I don't see anybody saying let's run to the cheapest alternative that we can find trying to save as much money as possible. Always mindful of the budget, but we got to take care of our employees and their families and that to me is always going to be top of mind, which kind of begs one additional question. When you guys were here last time there was a situation that was shared by one of our Council Members about one of our employees having a real issue getting some resolution on a claim. I don't know the employee. I don't know the history. I just -- I want to make sure that -- that issue was resolved? Okay. Barney: Yes. It's my understanding that issue was resolved. I think the concern more was about the time it took to get it resolved and so we will continue to work with our partners to make sure that that time frame is reduced. Cavener: And, Mr. Mayor, follow up. Simison: Councilman Cavener. Cavener: Is that something the trust has, then, discussed is what steps the trust is taking or our vendors are taking to ensure that our employees aren't waiting and waiting and waiting to get an answer on these claims? Barney: Not necessarily, because our focus is still on funding the deficit, but I think one of the things that's going to be important for the trust to discuss -- and we actually have a meeting tomorrow, so I will likely bring this up -- is the communication to our employees that they have access to the trust. The trust is a public meeting. If anyone ever has any concerns they can disclose it to the trust to consider, whether they want to do that at a trust meeting or confidentially and just maybe exploring ways to communicate to the employees how they can access the trust. Cavener: Mr. Mayor? Meridian City Council Work Session October 14,2025 Page 14 of 17 Simison: Councilman Cavener. Cavener: Christena, I applaud you. I think there is a big disconnect between the trust as a board and our employees, as well as the Council, so you taking proper steps to be in front of us more and give us more updates I applaud you doing the same for our employees. You guys are a critical junction point for our employees and we have got to be proactive and really lean into that. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: I'm just trying to recollect some of the prior conversations and I recall our Finance Department -- and correct me if I'm wrong, but I think their budget assumption is that health insurance would increase about eight percent a year. We didn't have an increase last year and, then, we are talking about a 17 percent increase here. So, I'm just wondering, reading the headlines the Department of Insurance plans on the exchange are probably going to increase ten to 11 percent. I'm wondering if our budget assumptions and the trust needs to maybe factor in a higher budget assumption on the front end moving forward. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe our folks from the trust can confirm. As I understand -- I mean that was a big frustration that there was an increase, they just used reserves from the trust to pay for that. So, what was communicated to us no increase, there really was and so -- I would be concerned as well is that double dip, kind of -- there wasn't, but now there -- we are going to be hit twice. We did have an increase last year. We should still expect an increase this year, but I guess I'm not as concerned that it will be as large as it would have been had, quote, unquote, an increase not occurred last year. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: I'm just reacting to headlines in the last week. You know, we have had this discussion over the course of a couple of months, but out in the rest of the world we are looking at ten and 11 percent increases and so as we begin to plan for next budget cycle and look ahead, I think finance probably ought to come up with a different budget assumption. Cavener: I agree. Whitlock: Mr. Mayor? Meridian City Council Work Session October 14,2025 Page 15 of 17 Simison: Councilman Taylor. Taylor: This is a little bit of an elementary question, but when you talk about your different quarters, are you on the same fiscal year as the city or are you on a calendar year? Barney: Calendar year. Taylor: So, your fourth quarter would be October, November, December. So, we won't know until January, February of '26 where we were with the projections from quarter four. You are projecting about 343,000 deficit. That could go up, that could go down, but we won't know until February. Barney: Correct. Taylor: So, then, I guess the question I have, maybe operationally when we have that is that something that we make up for with the next year's budget request and timing or do we come back with a budget amendment? I would like to understand how we need to pay for that deficit. In terms of that -- is that something we do through budget amendments a couple of times? Are we going to do some now? Are we going to do some in February? I -- I would like to just have some clarity in my mind how we actually handle that. Simison: How would you all like to do that? I think that just go quarter by quarter to meet each deficit. Cavener: Mr. Mayor, I think -- my hope is that we are hearing from you every quarter anyways and so, great, here is how utilization has been, here is the response from the employees, we don't have a deficit. Hey, here is how are things going. Here is the impact to the employees. We do have a deficit and a budget amendment request is to follow. I think that's the most appropriate way. I would be very reluctant to do kind of what was proposed last time, which is here is what we think our whole deficit is going to be, let's just do one budget amendment. I want to hear from you guys more often. Simison: And maybe an operational question that I don't know is when does the city fund the trust from our -- you know, we start a brand new fiscal year. So, Todd just said here is a bunch of money, when does that come into the trust -- oh, here he comes. When does it go into the trust to maybe negate the need immediately for a deficit or not or will the -- is it that -- does it not work that way? If Todd gives you five million dollars tomorrow, you got plenty of money in the bank, do not need it to fund the deficit right now. That make sense? Barney: Yes and no. So, if approved, the funding request tonight, it usually takes anywhere from 15 to 30 days for us to get the funding in the trust, which we anticipate will mitigate the deficit for the remainder of the year and, then, we are hopeful that with the rate increase in the plan design changes that we have done that will sustain the Meridian City Council Work Session October 14,2025 Page 16 of 17 claims for the following year. But as I understand it we want to bring reports back to you quarterly to let you know where we stand with that and if we need any additional funding due to claims. Taylor: Just ongoing funding happen month to month, pay period to pay period? Barney: Yes. So, each month the contributions are taken from employees' paychecks and the city pays their 80 percent contribution as well to the trust. So, it's a month-to- month basis. Simison: So, these numbers can change monthly if the claims go down or up of what you may or may not need in six months from now based on projections. So, while we may have more of one, we may or may not and you may have the money. Barney: Correct. Simison: So, does that help answer maybe from a process standpoint? Taylor: Yeah. It does for me and I think that -- I know we don't typically like to come back with -- you know, multiple times, but -- Simison: Todd -- Todd loves budget amendments. More the merrier. Taylor: In this circumstance I think it makes sense. It feels like we are a little bit more on top of it and the fact that the -- you know, depending on what's actually happened determines what the outflow is and I think that makes more sense. I also want to make the comment -- I think I agree with Councilman Whitlock, I -- it feels like we are maybe -- the projections we have from the city on what the costs are unrealistic with what we are seeing, because you look at the state of Idaho, you look at just the trends nationally, feel like we are just a little bit -- we are probably going to be -- end up having deficits every quarter with these projections. Howell: Yeah. I would echo that and what Councilman Whitlock said as well. Our -- our actuarial forecasts right now blended between medical and pharmacy is closer to a ten percent assumed trend right now. So, if -- if the target is eight that would assume that we are going to make two percent benefit reductions to come from ten to eight. So, yeah, it is -- we are in a -- an inflation or trend cycle that I haven't seen in probably about 15 years. Simison: All right. So, next steps, bring back a budget amendment next week? Barney: Sounds good. Thank you. Simison: Okay. Thank you very much. Council, we are the end of our meeting. Do have a motion? Meridian City Council Work Session October 14,2025 Page 17 of 17 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn the work session. Overton: Second. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-28-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 10-28-2025 E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 16, 2025 City Council Work Session Meridian City Council Work Session September 16,2025 Page 23 of 23 Strader: Okay. We have a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Opposed? Okay. The ayes have it and we are out of Executive session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Do I have a motion to adjourn the work session? Overton: Madam Vice-President. Strader: Yes, Councilman Overton. Overton: Move that we adjourn our workshop. Little Roberts: Second. Strader: Okay. I have a motion and a second to adjourn the workshop. All in favor signify by signify by saying aye. Okay. Opposed? And we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6.00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Robert E. Simison, Mayor 10-14-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 10-14-2025 E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 16, 2025 City Council Regular Meeting Meridian City Council September 16,2025 Page 7of7 MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6.10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Robert E. Simison, Mayor 10-14-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 10-14-2025 E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 23, 2025 City Council Work Session Meridian City Council Work Session September 23,202 Page 31 of 31 Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON 10-14-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 10-14-2025 E IDIAN --- AGENDA ITEM ITEM TOPIC: Brundage Estates Subdivision No. 1 Pedestrian Pathway Easement (ESMT- 2025-0099) Ada County Recorder Trent Tripple 2025-067527 Boise,Idaho Pgs=5 dryalls 10/15/2025 10:16:10 AM CITY OF MERIDIAN IDAHO$0.00 Project Name or Subdivision Name: Electronically Recorded Brundage Estates Subdivision No. 1 ESMT-2025-0099 For Internal Use Only Record Number: PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 14th day of October 2025 between L.C. Development, Inc. ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR 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 shrubs. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page I Version 0 1/0 1/2024 then,to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: L.C.Development, Inc. STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on gogclacity: date by Alien Lee Centers on behalf of L.C. Development, Inc., in the foil President. Notary Stamp Below .•�O lid;•, � — s Notary Signature MY COMMISSION = My Commission Expires: ( _ EXPIRES 8-16-2030 Lp i�9,0N N; B `\\\\\�� ill Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-14-2025 Attest by Chris Johnson, City Clerk 10-14-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-14-2025 (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 Pedestrian Pathway Easement Page 3 Version 01/01/2024 Exhibit "A" Legal Description Brundage Estates Subdivision No. 1 — City of Meridian Pathway Easement An easement parcel being located in the NW '/4 of the SW '/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northwest corner of said NW'/4 of the SW'/4, from which an Aluminum Cap monument marking the northwest corner of said Section 25 bears N 0'37'18" E a distance of 2651.67 feet; Thence S 0°31'26" W along the westerly boundary of said NW '/4 of the SW '/4 a distance of 448.02 feet to a point; Thence leaving said westerly boundary S 89028'34" E a distance of 48.00 feet to the POINT OF BEGINNING; Thence S 89028'34" E a distance of 123.80 feet to a point of curvature; Thence a distance of 21.67 feet along the arc of a 58.00 foot radius curve left, said curve having a central angle of 21°24'33" and a long chord bearing N 79049'10" E a distance of 21.55 feet to a point of tangency; Thence N 69006'53" E a distance of 27.88 feet to a point; Thence S 18037'28" E a distance of 14.01 feet to a point; Thence S 69006'53" W a distance of 27.33 feet to a point of curvature; Thence a distance of 26.90 feet along the arc of a 72.00 foot radius curve right, said curve having a central angle of 21024'33" and a long chord bearing S 79049'10" W a distance of 26.75 feet to a point of tangency; Thence N 89028'34" W a distance of 123.80 feet to a point; Thence N 0031'26" E a distance of 14.00 feet to the POINT OF BEGINNING. This easement contains 2,460 square feet (0.056 acres) and is subject to any other easements existing or in use. \oNPL LANDS 5 1\ST& �P Clinton W. Hansen, PLS `� 0 Land Solutions, PC 11118 June 10, 2025 � LTD N W N F� Lzi�d oluti ons Brundage Estates No 1—Meridian Pathway Easement k Land Surveying and Consulting Job No.22-27 Page 1 of 1 Exhibit "B" 23 24 BRUNDAGE ESTATES SUBDIVISION NO. 1 /26 25 W. VICTORY RD. CITY OF MERIDIAN PATHWAY EASEMENT - EXHIBIT V, N 1 o; I LINE TABLE m Z I LINE LENGTH BEARING ,� L1 48.00' S89'28'34"E 1/4 L2 123.80' S89'28'34"E I Esjp�s L3 27.88' N69'06'53"E Lu z I ROQOS�eOR�S� L4 14.01' S18:37-28"E J vi I P 5� L5 27.33' S69 06'53"W I L6 123.80' N89'28'34"W L7 14.00' NO'31'26"E �I. 'o i o N � 3I< CURVE TABLE M I CURVE LENGTH RADIUS DELTA I BEARING CHORD NI I Cl 21.67' 58.00' 21'24'33" N79'49'10"E 21.55' REA=2,460 SF POINT OF C2 26.90' 72.00' 21'24'33" S79'49'10"W 26.75' I BEGINNING Ll ' L2 C1���P I / I I I 26 25 W. AMITY RD. 35 36 C3NpL LA NO 1STF a 111 8 Lan lutloons 0' 75' 150' 300' ti TF 0 F `�P 5� Land Purveying and Consulting 231 E.5TH ST. TON W MERIDIAN,ID 83642 (208)288.2040 (208)288.2557 fax w .landsolufions.biz JOB Na 22-27 E IDIAN --- AGENDA ITEM ITEM TOPIC: Horse Meadows Subdivision No. 2 Sanitary Sewer and Water Main Easement (ESMT-2025-0104) Ada County Recorder Trent Tripple 2025-067530 Boise,Idaho Pgs=6 dryalls 10/15/2025 10:16:10 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Horse Meadows Subdivision No.2 Sanitary Sewer&Water Main Easement Number: klmtify th,E—n-m byscq,-,KW nawwnber id she I.. ....... this¢yp S,,c mv,u0im,s!ChccHw for addifim.,�l is R,,—fio,, For Internal Use Only ESMT-2025-0104 Record Number: SAN—]TAM 5MB AND—WAIE—R—MMAJ s EASE THIS Easement Agreement made this 14th day of October 20 25 between Idd&O ("Grantor—")and the CityotNeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main night-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 0 HAVE AND T 0 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 0 1/0 1/2024 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: 41-�4—1--1 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 8/19/2025 (date) by Richard Byrd (name of individual), [complete the following ifsigning in a representative capacity, or strike thefollowing ifsigning in an individual capacity] on behalf of KB Home Idaho LLC (name of entity on behalf of whom record was executed), in the following representative capacity: vice President,Land Acquisfion {type of authority such as officer or trustee) Notary Stamp Below Gj • NOTARY , ' PiJBL4C 'COMM#20252770: Notary Signature l 5 3 MY COMMISSION: My Commission Expires: _ EXPIRES s•'. 071101 ;' �Z a 11 ti'C QF��PQ Sanitary Sewer and 1 f*F U;g.ksetnent Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-14-2025 Attest by Chris Johnson, City Clerk 10-14-2025 STATE OF IDAHO, ) : ss. County of Ada ) 10-14-2025 This record was acknowledged before me on (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 03-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Exhibit A Horse Meadow Subdivision No. 2 April 6, 2025 A portion of the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Sections 9 and 10, T.3N., RAW., B.M., from which the Section corner common to Sections 9, 10, 15 and 16, T.3N., R.1 W., B.M., bears South 0°38'55"West, 2653.02 feet; thence on the north boundary line of the Northwest 1/4 of the Southwest 1/4 of said Section 10 coincident with the north boundary line of Horse Meadows Subdivision as filed in Book 129 of Plats at Pages 21213 through 21216, records of Ada County, Idaho , South 89'11'35" East, 525.09 feet; thence leaving said north boundary line on the east boundary line of said Horse Meadow Subdivision, South 00°38'55"West, 395.52 feet; thence leaving said east boundary line, 37.26 feet on the arc of a non-tangent curve to the left having a radius of 476.50 feet, a central angle of 04°28'49", and a long chord which bears North 88°46'33" East, 37.25 feet; thence North 86°32'08" East, 218.23 feet to the POINT OF BEGINNING; thence continuing North 86°32'08" East, 24.01 feet; thence South 05'15'31" East, 43.68 feet; thence North 89°21'54"West, 24.13 feet; thence North 05'15'31"West, 41.95 feet to the POINT OF BEGINNING. Containing 1,028 square feet or 0.024 acres, more or less. End of Description. d-11 11779 C'O 9TF OF M cC PNkh, Paue 1 of 1 i z @ Basis of Bearings SOO98'55"W 265ƒO2' K m N. Slack Cat Rd. m J G g f - . , / r g 2 , CA CD \_ ƒ o ® ? ry . ! S c cn 80� - \/ \ - P. G) U) 0 \ \ / - '\ \ > 2 \ o n �¥ n O 0 NJ / ! ƒ / / / - / j r � \ / ! � R ƒ a \\/ n / $ z N. Tessa Ave. % z & ƒ \ e ° / & � :1 ) 24 j \\ n sooe&syw 3gs52 � \) } � CD CD) K co CO� 0 2 x / � I CD c R } \ cr ® o : § a I \ 2s e / � / ƒ-- /d \ % % / / /e 0 y% , \) \ / \ \ _ ® \ 2 ^ ~ ° \ � \ \ § ° - - \ \ y§ r p / e } / / x (D f \ /2 \ \ 7 5 Q I$/ \� m \\ \ »c \� � � � i ) 0 Lq °� EXHIBIT"A" KB HOME IDAHO LLC RESOLUTIONS ADOPTED AS OF FEBRUARY 5,2025 Sigpiug Authority RESOLVED, .. . ,that the following resolutions shall,effective as of the date hereof,supersede and replace any and all resolutions previously adopted with respect to the powers and authority herein granted including,but not limited to,resolutions adopted as of July 2.9,2024,and any such prior authority is hereby revoked and restated in its entirety as follows: RESOLVED FURTHER,that the following officers and/or employees of this Company be,and each hereby is,authorized to act on behalf of this Company;provided, however,that such authority shall be limited to such authority as may be provided herein below and to other ordinary course of business transactions relating to the operations of this Company as indicated herein below: Stan Katanic President Aaron Hirschi Executive Vice President[Regional General Manager] Kevin Corbett Vice President,Finance Richard Byrd Vice President,Land Acquisition Colin Smith Vice President,Land Acquisition Dustin McGaughy Vice President,Sales,Marketing and Studio Anthony Gordon Assistant Secretary Brice Fowler Senior Director,Operations Scott Curtis Director,Land Development Sabrina Durtschi Director,Forward Planning Natasha Tucker DUP Manager RESOLVED FURTHER,that any one of the following persons,acting alone,be, and each hereby is,authorized and empowered on behalf and in the name of this Company and any Company Entity(which,for these purposes is(a)any limited liability company in which this Company is the sole member and(b)any partnership in which this Company is the general partner)to execute,acknowledge and deliver any and all documents deemed by such person to be necessary or appropriate in connection with the disposition and/or acquisition and development of real property by this Company or any Company Entity,including,but not limited to,land purchase and sale agreements, purchase and sale agreements related to lots and residential dwellings,amendments, assignments,escrow instructions,grant deeds,promissory notes,deeds of trust,map,,, agreements,municipal bond transactions and related documents: Stan Katanic<- Aaron Hirschi Kevin Corbett Richard Byrd <-- provided that,and without limiting any of the foregoing,Anthony Gordon, Assistant Secretary,acting alone,be,and he hereby is,authorized and empowered on behalf and in the name of this Company and any Company Entity to execute, acknowledge and deliver any notices required under an effective land purchase or sale agreement,including without limitation title objection and approval notices,notices to proceed or to waive feasibility or closing conditions,notices of cancellation or termination and notices of default; E IDIAN --- AGENDA ITEM ITEM TOPIC: Horse Meadows Subdivision No. 2 Pedestrian Pathway Easement (ESMT- 2025-0011) Ada County Recorder Trent Tripple 2025-067528 Boise,Idaho Pgs=5 dryalls 10/15/2025 10:16:10 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: Horse Meadows NO. 2 -------------------- For Internal Use Only ESMT-2025-0011 Record Number: PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 14th day of October 20 25 between - KBHomeldahoLLC -("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WITNESSETH- WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free night of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement to said Grantee, its successors and assigns forever. 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 shrubs. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page 1 Version 0 1/0 1/2024 then,to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: KB Home Idaho LLC STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on (date) by Wad D�f (;lame of individual), [eo)nplele the.jollowing, a repi'ere►i[ctlive ceipaciti1, ar,strike the fnllmving if signing in an individual capacityl on behalf of 6 W9 idaho UC (name of entity on b halfo17whom record was executed), in the following representative capacity: Ilt' Ac..9u(S+(0q (type of authority such as officer or trustee) Notary Stamp Below K/ l Notary S ,nature rJ 3 4 My Commission Expires: ` PUBLIC COMM#20252774 MY COMMISSION EXPIRES '•. 471y5f31 �. � •,■� 7-EOF�� Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-14-2025 Attest by Chris Johnson, City Clerk 10-14-2025 STATE OF IDAHO, ) : ss. County of Ada ) 10-14-2025 This record was acknowledged before me on (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 3-28-2028 My Commission Expires: Pedestrian Pathway Easement Page 3 Version 01/01/2024 Exhibit A Description for Pedestrian Pathway Easement Horse Meadows Subdivision No. 2 August 31, 2025 A portion of the Northwest 1/4 of the Southwest 114, of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Sections 9 and 10, T.3N., TAW., B.M., from which the Section corner common to 9, 10, 15 and 16, T.3N., T.1 W., B.M., bears South 00°38'55" West 2653.02 feet; thence South 18057'39" East, 780.79 feet to the POINT OF BEGINNING; thence South 88026'12" East, 17.04 feet; thence 116.76 feet on the arc of a curve to the right having a radius of 770.00 feet, a central angle of 08°41'18", and a long chord which bears South 84005'34" East, 116.65 feet; thence 142.60 feet on the arc of a curve to the right having a radius of 185.00 feet, a central angle of 44°09'50", and a long chord which bears South 57040'00" East, 139.10 feet; thence South 88026'12" East, 270.75 feet; thence South 00038'55" West, 20.00 feet; thence North 88026'12"West, 281.37 feet; thence 136.91 feet on the arc of a non-tangent curve to the left having a radius of 165.00 feet, a central angle of 47032'31", and a long chord which bears North 55°58'39" West, 133.02 feet; thence 113.73 feet on the arc of a curve to the left having a radius of 750.00 feet, a central angle of 08°41'18", and a long chord which bears North 84005'34" West, 113.62 feet; thence North 88026"2"West, 15.94 feet; thence North 01 034'23" West, 20.03 feet to the POINT OF BEGINNING. Containing 10,950 square feet or 0.251 acres, more or less. P�_ NANO S End of Description. ENsF t 11779 � (P ����tozSP 0 TF OF YM M CC PN`� Page 1 of 1 Exhibit B cn Sn Basis of Bearings N S00'38'55"W 2653.02' cn cn - - - - - - • N. Black Cat Rd. cn cn a �o m � D �0L 5 m ° w rnv roL--cv cu m 64 O %�•, W rn N 0 v o a �l cVn rn oo v � o cn cn o °a w r- 0 0 0 o c' w o 0 0 o u, ^^ S.re UJ � — s C N J � O C O� 0 _ w O m C /<v c j O p (D I 7 3 C7 s J m o i/ a Z Z n a 4t Cn a con OD o coil N_ Cu W W W m CDw w 4 0 O O0M ,MM v °mob =r r) OCI) �V a i £ (iJ GJ (Y) d Aj N 0 U? 7 7 £ O a D i J ° j E n CA e Z O = \ n s ° CD N 00 PR o a 0 o u T �� y'�y� t �2 0 mT � rn � m a3E CD T � -n —4 Z r— z cn 00 o (0 N ° (n ° ���iV tip N -.. N a a m 0 rri m N Drt (A O Ui o (n O O �« OZ CD O � Cd N N is a a (D cn 0 Z Z cn N 0 0 m 0 r- p O rn o0 co i 00 o 0 L rn (A o co p ICI W N N p a) w�CO m t?° N n N f !D v O O 0 tp 00 �o W� o (AO � S E IDIAN --- AGENDA ITEM ITEM TOPIC: Wadsworth Meridian Subdivision Water Main Easement No. 3 (ESMT-2025- 0117) Ada County Recorder Trent Tripple 2025-067529 Boise,Idaho Pgs=5 dryalls 10/15/2025 10:16:10 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded Project Name or Subdivision Name: WADSWORTH MERIDIAN SUBDIVISION WATER EASEMENT Water Main Easement Number: 3 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2025-0117 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 14th day of October 2025 between THIEN NGUYEN, HONG NGUYEN("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, 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 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. Water Main Easement Page 1 Version 0 1/0 1/2024 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: ,2-1� §��, THIEN NGUYEN H014d NGUYEN STATE OF IDAHO, ) ) ss. County of Ada ) } This record was acknowledged before me on �1 \C tT0?6 (date) by Thien Nguyen and Hong Nguyen. Notary Stamp Below JESSICA FAY SMITH COMMISSION#20242945 Notary Signature NOTARY PUBLIC STATE OF IDAHO My Commission Expires: 16(--`6'1 1 2a3 O Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN ___________________________________ Robert E. Simison, Mayor 10-14-2025 ___________________________________ Attest: By Chris Johnson, City Clerk 10-14-2025 STATE OF IDAHO ) :ss County of Ada ) This record was acknowledged before me on 10-14-2025 by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. _____________________________________ Notary Signature My Commission Expires: 3-28-2028 ACCURATE z SURVEYING & MAPPING WADSWORTH "All st R y I C Job No. 24-205 MERIDIAN EXHIBIT A SUBDIVISION Water Easement Description—NW Corner of Site No. 3 An easement over and across a portion of northwest corner of Parcel A, Record of Survey No. 13633, and being across a portion of Lot 1, Block 1, Wadsworth Meridian Subdivision, Book 121, Page 19070, Ada County Records, located in Government Lot 1, Section 5, Township 3 North, Range I East, Boise Meridian, being particularly described as follows: Commencing at the found brass cap monument at the section corner common to Sections 32 and 33, TAN., R.IE. and Sections 4 and 5, T.3N., R.IE., from which the found brass cap monument at the quarter corner common to Section 32, TAN., R.IE, and Section 5 bears N 89°44'27"W a distance of 2656.46 feet; thence along the township line N 89°44'27" W for a distance of 497.37 feet; thence leaving said township line S 00°15'33"W for a distance of 80.92 feet to the northwest corner of said Parcel A; thence along the exterior boundary of Parcel A S 88' 17'48" E for a distance of 20.00 feet to the Point of Beginning; Thence S 88°17'48" E along said boundary for a distance of 1.99 feet; Thence N 03°57'42" E along said boundary for a distance of 13.25 feet; Thence N 62'10'01" E along said boundary and the extension thereof for a distance of 12.95 feet to the existing ACHD easement shown on Instrument No. 2021-007979, Ada County Records; Thence N 20'45'18" E for a distance of 21.39 feet to the southerly right-of-way of E. Ustick Road; Thence S 88°47'03" E along said right-of-way for a distance of 17.27 feet; Thence leaving said right-of-way S 04°12'04"W for a distance of 20.02 feet; Thence S 47°46'48"W for a distance of 4.04 feet; Thence N 88°42'34"W for a distance of 6.72 feet; Thence S 02'44'18"W for a distance of 6.54 feet; Thence S 47°46'48" W for a distance of 38.05 feet to the existing Water Main easement as shown on Instrument No. 2021-132715, Ada County Records; Thence N 01°42'12"E along said water easement for a distance of 15.80 feet to the Point of Beginning. Easement contains 0.022 acres or 960 square feet, more or less. Digital �N si �STE OSG9 o �ate�t 2 2 .17 sr F pP i 1520 W. Washington St., Boise, ID 83702 Phone: 208-488-4227 www.accuratesurveyors.com WADSWORTH MERIDIAN SUBDIVISION WATER EASEMENT ��EXHIBIT B" MR. TEA OVER A PORTION OF PARCEL 'A' RECORD OF SURVEY No. 13633 IN LOT 1, BLOCK 1, WADSWORTH MERIDIAN SUBDIVISION, BOOK 121, PAGE 19070, ADA COUNTY RECORDS L OCH TED IN GO V'T L 0 T 1 IN THE NE 114 OF SEC TION 5, T.3N., R. 1 E., B.M. BASIS OF BEARING 32 N 89°4427" W 2656.46' T.4N., R.1E. 32 33 Jr 4--2159.09' —� — — 497.37' T.3N., R.1E. 5 4 � I N E. UST/CK RD. o� L6 h O O J ACHD EASEMENT L9 INS T. No. 2021—007979 L2 L10 � — — L1 �,� �L8 WADSWORTH MERIDIAN SUBDI VISION SCALE: 1"=50' BLOCK 1 WATER EASEMENT No. 3 960f S.F. PARCEL A' 1 AN I RECORD OF S I SURVEY No. 13633 QoN 3075 E. USTICK RD. cj_- .1 � 4 .63 0 1 o i telly slgne y �1 an . n g z G Da . . 9.17 '11 :57:05 -06'00 O LEGEND - - SECTION LINE PARCEL LINE LINE TABLE EASEMENT BRASS CAP MONUMENT LINE BEARING DISTANCE p CALCULATED POINT L 1 S 88`1748" E 20.00' L2 S 88`1748" E 1.99' O PLATTED LOT NUMBER L3 N o3`5742" E 13.25' L4 N 62`09 18" E 12.95' r F�yy ACCURATE L5 N 20'45'1 " E 21.39' � L6 S88'4T03" E 17.27'L7 S 04`12'04" W 20.02' SURVEYIur, Q Iue, pplNG '� r o LS S 474648" W 4.04' _ ,' •� ® 1520 W.Washington St. L9 N 88`42 J4" W 6.72' Boise,Idaho 83702 L 10 S 02`44'18" W 6.54' `vim (208)488-4227 L 11 S 474648" W 38.05' f F R V www.accuratesurveyors.com L 12 N 01`42'12" E 15.80' DATE:SEPT.,2025 JOB 24-205 E IDIAN --- AGENDA ITEM ITEM TOPIC: Termination of Access Easement- Millwood Subdivision (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Steven Taulbee, Fire Marshal Meeting Date: October 14, 2024 Presenter: Steven Taulbee Estimated Time: 1 minute Topic: Millwood Subdivision - Termination of Access Easement Recommended Council Action: Review and approve recommendation. Background: The existing Fire Department access provides both ingress and egress into and throughout the Millwood Subdivision. This access meets the criteria outlined in the currently adopted 2018 International Fire Code, Section D107 (D107.1 and D107.2). Primary access is off S. Locust Grove Road. Secondary access is off E. Victory Road. These two accesses meet the requirements of Section D107 (D107.1 and D107.2) for Single-Family Residential Developments with more than 30 dwelling units.Access throughout the area, including existing and proposed single-family units, is sufficient. Therefore,the additional access noted in a staff report dated January 10, 2023, for H- 2022-0089,which proposed access through an adjacent property with an emergency access agreement, is not required. The existing emergency access license agreement may be terminated. Ada County Recorder Trent Tripple 2025-067521 Boise,Idaho Pgs=14 dryalls 10/15/2025 10:11:42 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO; MERIDIAN CITY CLERK 33 E.Broadway Avenue Meridian,Idaho 83642 AGREEMENT TO TERMINATE EMERGENCY ACCESS LICENSE AGREEMENT This AGREEMENT TO TERMINATE EMERGENCY ACCESS LICENSE AGREEMENT ("Termination Agreement") is made this Zo day of { u:ram, 2025 ("Effective Date"), by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho ("City"),Epic Development Victory,LLC, an Idaho limited liability company("ED") and the Millwood Homeowners Association, Inc., an Idaho non-profit corporation("HOA"). City,ED and HOA may be referred to individually as"Party" or collectively as "Parties." WHEREAS,the Parties entered into their Emergency Access License Agreement dated effective March 51h, 2024 ("License Agreement") and recorded as Instrument No. 2024-011423 in the Ada County Recorder's Office. A copy of the License Agreement is attached hereto as Exhibit A. WHEREAS,the License Agreement was entered into as part of the approval of the Millwood Subdivision by the City; WHEREAS, the Parties agree that the License Agreement is no longer necessary and the Parties desire to terminate the said agreement and record this Termination Agreement reflecting said termination. 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,the Parties agree as follows: TERMINATION OF LICENSE AGREEMENT. The Parties acknowledge and agree that the License Agreement is no longer necessary and may be terminated without any impact on the City's approval of the Millwood Subdivision. Pursuant to Section III. D. of the License Agreement the Parties hereby terminate the License Agreement as of the Effective Date first noted above. The Parties agree that the License Agreement shall be of no further force and effect, and the Parties are released from any and all rights, duties and obligations under the License Agreement. 2025 TERmiNATioN OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE I of 14 The Parties further agree that this Termination Agreement will be recorded in the Ada County Recorder's office upon execution hereof by the Parties. This Termination Agreement contains the entire agreement of the Parties regarding the subject of this agreement. This Termination Agreement shall be governed by the laws of the state of Idaho. The above noted recitals are incorporated into the terms of this Termination Agreement as if set forth fully herein. The prevailing party in any dispute regarding this Termination Agreement or legal proceedings to enforce the terms of this Termination Agreement is entitled to recover their reasonable attorneys fees from the non-prevailing party. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective on the date first noted above. EPIC DEVELOPMENT VICTORY,LLC: Signature: Epic Development Company;L' C, Member of Epic Development Victory, LLC Epic Enterprises, Inc., Member of Epic Development Company, LLC Jarron Langston, Director MILLWOOD HOMEOWNERS ASSOCIATION,INC Signature: Jarron Langston,PT side CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 10-14-2025 Chris Johnson, City Clerk 10-14-2025 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 2 OF 14 STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on (/l U�20, 2025,by dairon Langston on behalf of Epic Development Victory, LLC, Epic Development Company, LLC (Member) and Epic Enterprises, Inc. (Member) in his capacity as Director. ME�ISSA FUJIOKA-BURNZ �i COMMISSION#20180401 Notary Signature: NOTARY PUBLIC STATE OF IDAHO My Commission Expires: � 6 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on � v�C� , 2025, by 3arron Langston on behalf of Millwood Homeowners Association, Inc. in his capacity as President. Notary Signature l MEI_iSSA FUJIOKA-BURNZ COMMISSION#20180401 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 3 OF 14 STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on October 14 ,2025, by Robert E. Simison and Chris Johnson on behalf of the City of Meridian in their capacities as Mayor and City Clerk,respectively. Notary Signature: My Commission Expires: 3-28-2028 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 4 OF 14 Exhibit A—Emergency Access License Agreement to be Terminated ADA COUNTY RECORD R TMI T6pple 2024-011423 SOISEIDAHO P9e=1000NNI(=mERBILLIG 0310612024 08:44 AM CITY OF MERIDIAN,IDAKO NO FEE lt�CO1tOG4G REQUESTEDd�YdhD .&ff,JDL4ArOn'CLyRA .73 t:lk W AR"I c Merld d7,MaAa 8.3641 EMERGENCY ACCESS LICENSE AGREEMENT This EMERGENCY ACCESS LICENSE AGREEMEW C"Agreemenf)is made this 5th day of 1vlarelt ,2024("Effective Date"),by and bet.�ran lire C:it}'or Meridians,a municipal corporation organized under the laws of the State of Idaho C'City"),Epic Development Victory, LLC,an Idaho lirrritcxi liability company CED")and the Millwood Homeowners Association,Inc., an Idaho non-profit corporation(`°HOA"). City,ED and 110A ntay be referred to individually as "Party'er collectively as"Parties." V40REAS,ED owns the property commonly known as 1975 E.Alietory Rd.,in the NW 1f4 of Section 29,T.W.,R.IE.(Parcel#S1129223095)which is more specifically demrihe d in Exhibit A attached hereto and incorporated by reference herein("Properly"); r �AS,the fall application for annexation and R-8 zoning and a prclitninary plat for MIlwood Subdivision for the Property was approved by the City subject to specific conditions of approval; WHEREAS,condition of approval 1.e.required utilization of'fire sprinklers in the homes unless C-D demonstrated that its current easoment described in Exhibit 3,attachod hereto and incorporated hereiA,("Easement")may be used for emergency vehicle access only fur the Property; WHEREAS,ED has demonstrated and warranted that the;Property is the dominant estate and that,subject to the terms of this Agreement,the Easement may be used for emergency vehicle access only for the Property;and WHEREAS,ED formcd the 110A governing the Property and the HOA shall be responsible for the on-going maintenenrce and repair of the Easement and will allow a City represtmta,#ive(s)to periodically inspect the Easement and provide a represenWive ol'the E0A to accompany the City representative dayin,g such inspection. NOW,THERE,FORE,for good and valuable consideration,the receipt and suffloiene y of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained,the Panties agree as fellows: 20241'.tr11!WrNCV ACCESs t ICENhIi A(Rvfi'xirNr PAGE 1 OF 10 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 5 OF 14 1. HOA RFsPONSIBILITIES, A. BOA. The HOA shall maintain,keep up and repair the Easement,inducling the driving surface of the road and bollards within the Eawinent,so that It is in goad usable condition that is adequate at all times for emergency vehicle use when needed. Upon reasonable advance notice and at reasonable times,the I10A Aill allow a City represcntative(s)to periodically inspect the Easement and corresponding road and will provide a representative from the HOA to accompany the City tepresentative(s)during ally such inspection. B. This obligation shall expire and terminate once the Easement is no longer needed for emergency vehicle access for the Property under City emergency vehicle access requirements. I.I. ED's RE.5PONSIB1LITIrS. A. L=NsG GRANTF.U.ED hereby grants a license to the City to utilize the Fmsen►ent for entergeney vehicle access to the Property,subject to the terms of this Agreement.ED and the HOA covenant that no additional licenses concerning the Easement shall be provided to a third party without the City's prior written consent,which shall not tweasonably be withheld, B. Indemnification. ED represents and warrants that,subject to the terms of this Agreement, the City is authorized to use the Easement for emergency vehicle accer.to the Property.As the developer,Ell agrees that it will hold ha►mless,indemnify and defend the City and its officers and employees from and against any and all liability,suits,claims,losses,actions,or judgments, costs and fees,including any costs and attorney's fees incurred therein,pertaining,to the City's ability to use the Easement for emergency vehicle access to the Property.Notwithstanding any other pro�dsion to the contrary,this Section H.13 shall survive the termination of this Agreement and shall remain in effect until potential causes of action concerning this Agreement have been time barred by the slat<ite of limitations. IH.G£NERAI.,TEAtIfS. A. Term. This Agreement shall remain in effect until the Easement is no longer needed to comply with City erergency vehicle access requirements to the Property or until terminated by the Parties hereto. B. Notice. Notice required to he provided by either of the parties under this Agrcement shall be in writing and be deemed communicated when mailed by United States Mail,addressed as follows: City: City of Meridian MDC: Jarron Langston City Attorney's Office Epic Devolopment victory,LLC 33 F,Aroadrnqy Avenue 1831 E.Overland Rd, Meridian ID 83642 Meridian,ill 83642 2024 ExxRGENCY Access LicrNsE Acrz EMENT PAGE 2 or ld 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 6 OF 14 Millwood Homeowners Association,Inc. UO Jarron Langston,President 3140 W.Belltower Dr, Meridian,ID 93646 Any party may Change its address for the purpose of this paragraph by giving formal notice of such change to the other Parties in the manner herein}provided. C. Entire agreement;modification. This Agreement einbadies the emire agreement and understanding between the parties pertaining to the sul?jcct matter of this Agrcement,and supersedes all prior agreements,understandings,negotiations,representations,and discussions,whether verbal or written,of the parties pertaining to that subj"t matter. The Agreement may not be changed,amended,or superseded unless by means of writing executed by both Parties hereto. The recitals set forth above are Cully incorporated herein. This Agreement shall be recorded with the Arta County Recou*r's Office, D. Termination. The Pardes may collectively agree in writing to terminate this Agreement at any time. Once the City emergency vehicle access standards no longer require the use of the Easement for emergency vehicle access to the Property,then the Partieg will promptly execute a document acknowledging the termination of this Agreenucnl and record said termination%Kith the Ada County Recorder's Office. E. Enforcement. If any,Party is in;violation of the terms of this Agreement any of the other Parties may provide written notice of the violation to said Party. The violating Party shall have thirty(30)days from the date notice was provided to cure the violation and if said violation is cured within said timeframe the violation shall be deemed cured and of no further effect. The Parties may collectively agree in writing to extend the tune to cure. If a. violating Party does not cure the violation the non-violating Party(es)may cure the violation and seek and receive prompt reimbursement of the costs associated with curing the violation from the Party in violation or pursue an action for specific performance. F. Severability, If any part of this Agreement is held to be invalid or unenforceable,sueh holding will not affect the validity or enforceability of any other part of this Agreement se long as lute remainder of the Agreement is reasonably capable of completion.The invalidity or umenforceabi lily of any provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or%wenforccable provision were omitted. G. Applicable Law. 'De Agreement shall be governed by the laws of the State of Idaho and ,jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District,Ada County,State of Idaho. IN VVITN SS WHEREOF,the patties hereto have executed this Agreement to effective on the date first noted above. (End Text.Signatures to Follow) 2024 azROExcv AceEss UcsrrsE AGREEMFNT PAGE 3 OF 10 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 7 OF 14 EPIC DEVELOPMENT VICTORY,LLC- Signature: — Epic Dev4opnxent Company,TLC,Member of Epic Development Vi�jory,LLC: Epic Entaprises,Inc.,Member of Epic Dcvelapittent.Company,LLC Jarron Langston,Director STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on 2024,by Jan-on Langston on beWf of Epic Development Victory,LLC,Epic Development Co any,LLC(Member)and Epic Enterprises,Inc.(Member)in bis capacity as Director. gP por ;trq Notary SignatureA&Wag My Commission Expires:d-6..' -r O Y OFF 10 2024 D AERoENCv AC CCU LICML AaREEh]EJ€ PAGE 4 or 10 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 8 OF 14 NULL' OOD HOMEOWNERS ASSOCIATION,INC Signature: w^�— 3arron Langston res' tit STATE OF IDAIIa ) SS Comy of Ada This record was aoknowledged before Ine ,�,2024,by Janon Langston on bohaif of Millwood Homeowners Association,Inc.in his capacity ns President, f9IJl� Notary Signature: f My Commission Expires:Ae ''fo s'i.'AEs gla1;�.�a 2024 EMERGENCY Access E.uNsE AeRz9h m IT PA43E 5 Or 10 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 9 OF 14 CITY OF MERIDIAN: Attest: Robert E.&W on,Mayor 3.5-2024 Chris TofinsonvMty C ° -55-2024 STATE OF IDAHO ) ) ss County of Add ) This record was acknowledged before ine on March 5th1 2024,by Robert E.Simism and Chris Johnson on behalf of the City of t4Teridian in their copacitio as Mayor and City Clerk, respectively. CHARLENE WAY COMMISSION No, 6739 N'otstirySi,gnatume: GUI C NOTARY PUBLIC My Commission Expimq., 3-28-2028 STATE OF IDAHO 2024 WritmxcY ACCESS LICME AomEmEtar 2025`.TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 10 OF 14 Exhibit A—Pr'operiy(PARCEL I in Warranty Did Below) ADACaUNTVRECOtgwR PNI61a nn 2022-043377 0011921edwa t' ae nlr+�atrsalsEtia 05N312©2fM44PM 764 WHO V&W WAEN"COMEO RAX TO ---- -- AdshoTltle Agongy,LLC dho T.A,ofSeuthem Idaho 995S.Alieara Floce 11144q ID 8:I7t19 Fire NN'7SIAW743 WAMLAMT DUD FOR VALUE RECUWW David D.Andrus sad 8011 K WYlrisats Troatccs of rha DavM R.Aadiut coal Iledr It.WIIllttms liviar,Trwt, dated Sgk1embir7,2021 GRAWOR9 hereby DRAW,PARGAIi3.SPITZ and CONVEY tatau: Dadopmfat VWfty LLC,an Idaho limited iiabUty ccmparq GRANBMv4toae=faWdrea0ie Ifial E-(hvfhRdRAX MCKM M 006411006owfegdtson'hodrehl Icy dilltatc4 in Ada C41mty,ldsho raom pttrdMAWly dabcrildft NIawY,T014: ?arDdIt A tMd ofl%nd a[hr"In a portiam of the Nmlkwmt cl}tatter o ftbe wrtlt%,Wqua mr of Sanion 20,Towatbip 9 Natdt,Rnupa I East of tha$Erne 14cr Akm,A*County,Fdahat,matt p&TW4srty Iteas*!d do foil nT COWMCM9colthaWest1110carnaroommotItoSaegaas20rmd29,ToamsbipI9toib,Rop IEas�floata MuWiw,marTto3byahand"tnc�3�ptw ehertm SwtC0°4 20t, IR2716etaieagtbOEA►xUaeWeNU AW04quaWroftheNCOWastgwtarsoapaiman tie Seuthwa 0UW rfgbt of mar flu of Eight built resales rrtatlud by it eat W Eno Iran pin Pis 4lot aed qua Real Ford odBagismSug;tba="WAS Saoih UDMv1J9w430-ID Celt clang tic Emt lino of th c Nbid anst qumerofthe NottsAvit grtuterto a IbiaA 519 irgh non grin;ft= Ntuih73°fld'39`lvnta, }7,3aRmetoetbtmuA+BWbirrslpl%thom Nta'th00'DOet1.1"Bast71.91foci too p bcon the 9outhwtatcrlyrr6ttdway Imp utw#tMik1. waland mtnked bye set I Inds ton 0 ALS 4I ft tltaoft tiottth#g'3➢UD"EasC?364Ateatelnrtgaatk]SaulhwesterDyrtQlmoFwt4rofBighttb al; ea said rusts[otway Later �taacet>mInairX Samtit 30t06°Llts1,dpI.TO feat la the Rant Potat ref BaShrahee, ?WWI An Eastntml for rmigeha anti 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89'49'b0"rm430.VQrsetmTangtsn said No&Ifoarod2t1,oirrtatD ts1jrursy To have and toWd the 3atdptemh1%unta.themtld p wore%hoW lbntTat ignt(=W TO HAVE AND TO HOLD the maidprembae with theErapyarrenalrpe9vowthetddCtmtnaand13moke heir and assIgat forever.And Gumums it$tq 4cuma is fea xintlrld of said pmillu%dui maid pmmdaa are fire Rom all eacumbrmtarm.MCEPT thm W MIMI shim Oumloyanae 6s expmsslp mmda sub;ca and those monk autfemd or dam by 111e dtmItC nmd suf2]aG to reamrvmdany resrrbae6aact d td[tatGoma,earamaattr,rights afaay and aynrttrWda,irony, of regard,and gmm91 rmaras and aes�rmioTs,jtrteiaeing Arl�rttan and vdtity mme,tcx,,m1s 1NmY)fi r the aurtamyear tr4tlah arc not yat due and payaak and We Gransmm will tsam d add dellml bra lima fium all IswW dilm vtdra-vow nj ry �� l/ .,ry tlNedthfa af, '�� .`..�� Dtarid A AA*p as Bath N. llflaats Tdvbe 7burti datat 5aptermtaat 7,302 t d tt.Aadmm,"tYuraoe !ey f 4+ R3em W.Wlil >�s,Tlmsee Caurt[p of 0itlfdmIJ-daga�0$tithe)W2MbeMrne,the unttmVned,anstotypdWtoandtarsW a RBYeAPe�1 Oastld R.AndEus and Hejh t1,WSierra,keaatt aritftattlllad io mobs am Ihepetwn(s1 utrade 1180m are WbWdbud fe lfte uftdn inntrtettetl4 as KOgtas of rho Da%fdR Midis Wd Bahr If I imm edrbg Tot daW Sapmmiter 7.2021 UM dW oCkU Hedged to me thatff"ea>estddd d esame as t usts% NyCammimEeofrplme ,Q4xi{ q q. �rtkta Ar,�aWthif� 2024Emmr.wcY Acci-Ss C.1t MrAct mm-JT ?AoB 8 or 10 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 12 OF 14 Exhibit R EBsculent(PARCEL 2 in Warttltlq,Deed Below) ADAC004TYRECOPOER rfilhlareue 2022-043377 0 =rrmmo Ns-2ArkJkl_cDmo11-tr1 o5MV2022a4:0Phi "I IDMO $15.40 WHAM RrmowEU MAIL'ra Idol is Title Ageney,LLC d 4a T.A,of Sna Thera Idaho 9"&Above ptaee Now,so WOW Ma ND.791-W941 WAIIRANTY DIMD KR VALUE RECEMD D"It'Alldr¢a and®deb P.W1111rfml Truafeaa o1 the David It.Andnrs and Wb W.R41618mr 1hhS Truit, dated Soplemher 7.2921 4RAN7'OW hMbpr1RANr1,BARGAIN,SHLL,red W9VRV`unm ]We URANTE&whpyo-cumatnddaelstt 11131E.6varLvrdBd,f�ldlJdlta411383446&BollowJv:& prt:pdtaal PMPMY ITl M44In Ada dormtJ,IMB mare pistftMf4y&SM110d as Mjewk W Wit Parcel is A1mpofImdiftaated ins p4)1*11otowN00 fr1tglrutrrcetbaNWthmsttlund"0PScWm24,Towmdrip3 North,Ram I FAA ofthal3elle A3rridien,Ada County,ldabo,mAre pmlkularty dt=lbcd arfallon, C�mena3ng of Iha wart:In6 oomarmntman ro Seckcna 21)and Z9,ToasarhlJs3�aatlb Rene 1�Babe Marldrlol,MITImd bya f ao 5rS limb pram pla:Ormmo Sautb OM9*111$4 71T.Yt tbet¢long BraEasa Him of the ttprdrlrryiquaelervFlFto Northwest gwltar m A Dcka on the S¢athueaterly d)M arlyay Jim of3?iA �rle Uad rtrtaked by it nT M laelk lrml pN PIS 4 i eS and theReal poldtofBcormbJ&thrarcammtla ins Sbugr dll°U9'Fast,3D2,30 feel a[mrg thaFest 16nc atnc�I�lorthtf=eis quararr of th¢Northwest 9 d¢1f fouAd Sf3 Inah hvn pint;theca North 73`M9"Wory 33$.34 foot to a found 53Ind,iron pin.thefra4 North40`QD 'EM4717.91ft;¢tIaapalmco0"SofdhwelrarlyrigrilufnaYEnccrElgidWo,Lilua1and mm*;dby s set 1 Fl bxb iron pin PIS 41 ON:1haii* SmxTit31115 "Fast,226,44featalur18$AdSuUhwe WIYFWofwaYof8r6*MlkL¢[aakt mcccanlinofog aosaddri�rtrffwkEy Sfutth MOD'Eart 401.70 foot to the R al Folm orDuonnirm, R116dI An Easemant thr ingress and egrets ova arc Ib]kWng: A trmt afland wtuslm in a pwUm of the NWInrwt Qurrfur oFN Nei tbwull guurteref Stvion 29,Tawmbrp 3 Naeh,Rouge I leaf,dlaraa rr4atidia%Ado Camfy.ldaho.mare Jim kuTarlydotcn'hed as fciro-a Wrff ng at the Weft 106 ccerner umrglrnn m Swim 24 and 29.Towrelrlp 3 Mirk Ramp 1£oaf,Bohn Mci:Wao,raark¢d by a fbmd Sd&in at iron pimthcm Muth DD°f1t 91 Cat 537.53inda1mgthcCert line of0,t14uaj%wwqummToftbcNa;tdrw"4aenrrt¢apaini anORT44mill¢riyrfgbtofwayItneof folI.l1le1wetalordrlmdmdbyami12irahimapraPLS411IS;fmac 2024 EmEmE xey Acc ss 1-I ema Acpucuinff PAGE 9 OF 10 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREEMENT PAGE 13 OF 14 Word)3a°A o h'ast,l9.42 4lppgaaidrigtcof�vayWepalaittheaso North 01674s"LW,17 38 Rat to a pokt;ft=o NonlrWO(I10VWert,diLIt*ff.30.00faarWasto andparaJWwiththeEastIlncoftheNoa@mratquwwrof t6a Nwtlovctyua tW to a pn;gt on jim Nord,J;mB ufolcNarrrrw&t q mmjnr of dre Norlhweagvaroer;the il! Sonde SQ'49 aa"1 3aAQ fort along lost said Notch lino to rho Jahn or negfiming. TohsvoandtoWdIhcsaidyremimuntoIha4midjimur a,Gain and ataigm(mvm 1'0 f7hVk hND TO Ir10t.[I dta said premlyas,wick�Tt appmtenmtem uwtw rho aatd Qusartoo and Oranma Tuafr raid mmIgnr[prayer.And l3rmwi Is tbo ownen iet ke sldtple 4F"prawlras,Ow said p imiaes om flea fmo ate oorumnbratueea,PZC@PT those to wbkb rhea epmvaraaca is wtptm9Tp rondo sulllmond Ifim Mae,ruffaod or earto fry rJta e+taatra;etd sulljacrta mt�forv,reslriutwnr,d�IfrseWps.�ttmmta,rights a fvmygnd nyrarotanu,[Carry. ofr000rd,anddrorordto es And aaaeiimeati.Onzlw%IrtflarvamadudRtyWbusomr,Itmy)fartfteaarromtvo r Wcb toe oar ya dui arrd poyTbk and tha Omattfa wJR watmtu and deW Ow two from all lnwfw alarms kAutcaaver II00 JIM MsMa& Ilotdd X A sM t N Me=UvIsts Twit diged Sepxmber 7.2021 DavitiAnt*os.Thm PY; ` YJB � — 8et1sN.1C'Fll ms,TFume Couaryy st__A d A1, 6 Ad Unt?tlaAI—ftoffitohift yaw 207$betam no,#mumkmIpKs rotary pWtlbto and for mMstew, persaWy oppmW DatddR,AtikeandD4N,1Vpmu6knaevtorldandAadtaretialatRap¢tm[u)wlwse tames ats vW sulbedta die vdfhkt Itutrowit as dustoasof the DaW R.Mtnm end 644 N.Wl9Lerm LIVN Tend, ds101,6�t��lembar7.2Mhaedt�aftftjip dtodtaiter ldlsyatlaaufed ihasst aIntelaa, mesa,-- f IAyC+Rmtr�bs�tplis>a: C2$�p�+ld talNRxNnt �t+7Aq�ky y� +p ��qqun �'Wti3ft4 2024 BKORCEMCS'ACOESS LIeM5E Af3UCNIENT FADE 10 oa 10 2025 TERMINATION OF EMERGENCY ACCESS LICENSE AGREENIENT PAGE 14 OF I4 E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Plat for Southridge South Subdivision No. 2 (FP-2025-0011) by The Land Group, located at 2347 W. Overland Rd. STAFF REPORT E IDIAN--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/14/2025 INTERSTATE I-S4 DATE: TO: Mayor&City Council W.OVERLAND RD FROM: Sonya Allen,Associate Planner 208-884-5533 Ta., PROJECT X SUBJECT: FP-2025-0011 AREA ^ TR#2 Southridge South No. 2 o LOCATION: 2347 W. Overland Rd.,in the north 1/2 H of Section 23,T.3N.,R.1 W. L PROJECT DESCRIPTION Final plat consisting of 61 single-family residential building lots and 16 common lots on 24.17 acres of land in the R-8 zoning district for the second phase of Southridge South Subdivision. IL APPLICANT INFORMATION A. Applicant: Macy Lui,The Land Group,Inc.—462 E. Shore Dr., Ste. 100,Eagle,lD 83616 B. Owner: Challenger Development,Inc.— 1977 E. Overland Rd., Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat and associated conditions of approval as required by UDC 11-6B-3C.2. The final plat includes a minor reconfiguration of Blocks 1 and 8 from the layout approved with the preliminary plat resulting in one (1)fewer buildable lot and a slight decrease of 4,595 sq. ft. in common open space area for this phase. Because the overall development provided 208,249 sq. ft. more than the minimum requirement, Staff approves the reduction and finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Pagel Previous approvals applicable to this phase: • The City Council approved a waiver to UDC 11-3A-6B to allow the Ridenbaugh Canal to remain open and not be piped with H-2020-0083. • Alternative compliance(A-2025-0028)was approved by the Director to UDC 11-3B-12C.1 and 11-3B-12C.2 to not provide 5-foot-wide landscape strips with trees adjacent to the multi- use pathway along the Ridenbaugh Canal on Lot 41,Block 1 for Phases 1 and 2. • A modification to preliminary plat condition 94e requiring the fencing type along the Ridenbaugh Canal to be changed from chain-link to black wrought iron was approved by City Council to allow black vinyl coated chain-link along the canal consistent with that in other phases of Southridge Subdivision(MFP-2025-0002). IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat(date: 12/7/2020) vkkny rav: a- 41 O� •- �. usu of - S eFFeixes- --- _ J u'iOf %� � �� ^. ISoaUvtl9e SuhXiv von Xo.51 �a,Am� r Nei ra. ♦ » " N•\ • - »� �h ..�� w �'.l w� .» - - » •••," rrr lasvmne.. Yal Wsla 3�9sa�.ea2 `� ,•�•�•` �...,�,I� `,� � �. i �� N �„J xaaa.ea.oardM1 w-d TPreliminary Plat-Project Overview ro. Xmea: AOL Till zonlny Xeanlrements .. w.vnah X.ne: PP1 Page 3 B. Final Plat(date: 7/28/2025) P Final Plat for Legend: (i Southridge South Subdivision Phase 2 �_7�° x�,r.eEN�x .,Located in the north half of Section 23, .aW Debi 1..0 Bowl1.1 Netai 12 Township 3 North,Range 1 West,Boise Meridian ° City of Meridian,Ada County,Idaho 2025 -- meex�xx IDex°, E a'E '• �'esm. 5�lP°e,PL —uaureNr N� jUmee *LineTable Line TablepYuxE �I mK OF BEPlNN6 ,Li•� Y� —---—— uE I Notes: RF w e Curve Table �E°Poe r� .- �~ o, 'h "II/ia Orr rrrO.I ii V ii / �u _s, f �• ' ,U '¢II 'O ,xN,xme cu' �x O � .,, ].� „m.m ,]".r mo1m., mnr 1°,�x°«]�E•Lxc,.E.�, " k�� 'J// a Ga' I �� � � � �� .LuroNENgoosuoEa�nENroErN�:nnea+vrmoNSE�Tsza UNPLATTEO SB6'IL'9FE Np[tr,f0 uai. , � I rrw.m \� `I I� 1 .� � ' �«cu am,cu.En,nx,° 'C1°eeuuxEx.Eua,a,.:"�ccwEv xxsrnuEanxa sm,-� wrmSlm 1 I 1 J ( Q wrs,a„uo,a a°ec.:w,s,exm oz nnae:wrs,xozeusxaruwra 11°AA' rd,w �. I LTT519PE r + o �iWFM®.I59teetiEn.4.nWAr�°exx,EE EA�eBIrnFCU9E➢NxNELNeixmt] �yy�, J)y�wS �� $ � � I� � � 118-B� / � � _nm,}1mL11,0w.]xeEeaw]RfNC0.x1Y x°xmxne..m lBIE.I,rn.snEEse3lcEAsr Survey Narrative: 16°Q 1B g� °4 I I seru,rE zwg� i �' / 7 xwam�ffnNw�om.�o�ava,e° `: �]°e�,.mx xEoreanu uo nz a� N,em9tN (Mara mob or u ur,lY 4T4Lk ' LAND References• °E w ; ,., , , 0 05iaeo GROUP -,ttFurs �jj��I UNPLATTEO 1 FORA �e.aat - u-e IDe � ��eE,E oT-zemvs Page 4 C. Landscape Plan (date: 2/18/2025) �x� via:wxxme� ... TLV HE \ " ' .n.a >� . .. LAND __ _ GROUP ACND L.W—p Pin NO- 4 _ I � I N :i .. ..,,,.,.a�....�a... E ... a r '�•_ AREA A � ✓� �•.� ', 1 AREA O ZZ s •.,4_ ' Lu MEc ti Yh �— AREA C !:I j ti 'h Overview.i T L1.00 Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [MDA-12-009,Development Agreement Inst. 9113077158(Linder 109)— replaced 9111102269; H-2020-0083 (RZ&PP)]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the first phase final plat in accord with UDC 11-613-7 in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by The Land Group, stamped on 7/28/2025 by James R.Washburn, shall be revised as follows: a. Note 913: Include the recorded instrument number of the amended CC&R's. b. Note 914: Include the recorded instrument number of the license agreement with ACHD. c. Note 415: Include recorded instrument number of the ACHD permanent easement. d. Under the References section, include the book and page number of the final plat for Southridge South Subdivision No. 1. e. Sheet 1: Include the CP&F No. graphically depicted on the plat. f. Sheet 3: Include the recorded instrument number of the City of Meridian Public Works easements graphically depicted on the plat. g. Sheet 4: Include the instrument number of the ACHD storm drainage easement graphically depicted on the plat. A copy of the revised plat shall be submitted with the final plat signature application. 5. The landscape plan shown in Section V.C,prepared by The Land Group, dated 2/18/25, shall be revised as follows: a. Depict landscaping along the pathway on Lot 42,Block 1 in accord with the standards listed in UDC 11-3B-12C,which requires a mix of trees (minimum of 1 per 100 linear feet of pathway), shrubs,lawn,and/or other vegetative groundcover per preliminary plat condition 44b. b. Depict landscaping in common open space areas in accord with UDC 11-3G-5B.3,which requires a variety of trees, shrubs,lawn or other vegetative groundcover. c. Correct Project Calculations table as follows: i. Residential Subdivision/Subdivision Trees—a minimum of one tree is required per 35 linear feet of parkway as set forth in UDC 11-3B-7C,excluding 26 feet for curb cuts to each residential lot—the requirement is not one per lot as stated;revise accordingly. ii. Pathway Required Trees: Include linear feet of pathway on Lot 42,Block 1 (a minimum of one tree is required per 100 linear feet). Page 6 In. Include the required vs. provided number of trees in common open space areas that demonstrates compliance with UDC 11-3G-5B.3 (a minimum of one tree per 5,000 square feet is required). A copy of the revised landscape plan shall be submitted with the final plat signature application. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 7. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 8. A 14-foot-wide public pedestrian easement for the multi-use pathway shall be submitted to the Planning Division in accord with the Park's Department requirements per the Pathways Master Plan for the pathway along the Ridenbaugh Canal.A copy of said easement shall be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature. 9. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for the clubhouse and swimming pool facility and approved prior to submittal of building permit applications for this facility. The design of the clubhouse shall comply with the design standards listed in the Architectural Standards Manual. 10. All homes constructed in this development shall be consistent with the design review approval (A-2025-0090), in accord with the Development Agreement (Inst. 9113077158 — MDA-12- 009). 11. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works https://weblink.meridiancily.org/WebLink/DocView.aspx?id=414209&dbid=0&repo=MeridianCi iy- C. Boise Project Board of Control https://weblink.meridiancity.org/WebLink/DocView.aspx?id 415167&dbid 0&repo MeridianC Lty D. Idaho Transportation Department https://weblink.meridiancioy org/WebLinkIDocView.aspx?id 414279&dbid O&repo=MeridianC Lty E. Department of Environmental Quality https://weblink.meridiancity.or lWebLink/DocView.aspx?id 415270&dbid 0&repo=MeridianC Lty Page 7 E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Order for Mogul Industrial Park Subdivision No. 1 (FP-2025-0024), by The Land Group, generally located at the northwest corner of Black Cat Rd., and 1-84 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 9/23/2025 ORDER APPROVAL DATE: 10/14/2025 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 7 BUILDING ) CASE NO. FP-2025-0024 LOTS ON 37.7 ACRES OF LAND IN ) THE I-L ZONING DISTRICT FOR ) ORDER OF CONDITIONAL MOGUL INDUSTRIAL PARK ) APPROVAL OF FINAL PLAT SUBDIVISION NO. 1. ) BY: THE LAND GROUP ) APPLICANT ) This matter coming before the City Council on September 23rd, 2025 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING MOGUL INDUSTRIAL PARK SUBDIVISION NO.1, LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3N., RANGE I W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2025, HANDWRITTEN DATE: SEPTEMBER 23rd, 2025, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 -FP-2025-0024) Page 1 of 15 by JAMES R WASHBURN, PLS, SHEET I OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 23rd, 2025, a true and correct copy of which is attached hereto marked"Exhibit A"and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 2 of 15 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 14th day of October 1 2025. By: Robert E. Simison 10-14-2025 Mayor, City of Meridian Attest: Chris Johnson 10-14-2025 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. 10-14-2025 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 3 of 15 Exhibit A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT )A H O HEARING 09/23/2025 Legend DATE: C Project Location .' TO: Mayor&City Council :Area of Impact r i= City Limits FROM: Nick Napoli,Associate Planner O Analysis yIIII , nnapoli@meridiancity.org -- SUBJECT: Mogul Industrial Park No. 1 Li I \ FP-2025-0024 ,-------; LOCATION: Generally located at the northwest corner of Black Cat Road and I-84 (Parcels: s S 1216141821 and S 1216131201)in the - east half of section 16,T.3N.,R.1 W. �r e � T L PROJECT DESCRIPTION Final Plat consisting of 7 buildable lots across 37.7 acre in the I-L zoning district for the Mogul Industrial Park Subdivision No. 1. IL APPLICANT INFORMATION A. Applicant: The Land Group-426 E. Shore Drive,Eagle,ID 83616 B. Owner: Clay Sammis-491 N.Main Street, Ketchum, ID 83340 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plats for the Mogul Subdivision(H-2025-0006)in accord with the requirements listed in UDC 11-613- 3C.2. This plat incorporates the first phase of the Mogul Subdivision that was entitled during the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. I -FP-2025-0024) Page 4 of 15 preliminary plat. The number of lots for this phase did not increase,and the landscape buffers did not change. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase,and the amount of common area cannot decrease. Since there is no change to the number of buildable lots and no open space is required, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 05/01/24) ElPreliminary Plat o� ..zo Mogul Industrial Park Subdivision77, rr�we.r—-r _e.-�nm�+as.�.� �: ■11 I{Ya ' - ho-&_. IL --� o - Fill �- � rrt.rrrrr.�s <. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 5 of 15 B. Final Plat(dated: 01/21/25) y.r Fwi Rd ifw ..r Mogul Industrial Park Subdivision Phase t =— i located in the East 1,2 of Section 16. d r_. Township 3 North,Range 1 fts1,Noise Meridian, ""— City of Meridian,Ada County,Idaho W— _ 2D25 Surer Nalrakw ------------ NJ iw mrrr L&IM art ��, :1 IFMCTH FUL1A MT.t M9FAAM CH IFN9TH K ;aao RReRORMP -._ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 6 of 15 FEW rmW Mogul Industrial Park Subdivision Phase 1 _ o _ .ors T.n.Trnnr uw3_l...s.II.f1Yem YI11fffM11 YIIITU.PoYTIiNrllf ___wwwwwa_._ww_ _x •.wli.W TwKwR.[i�TAr._.{IPwau..,aJ.�P m.�rrw.uvrn.+r M W_w_ epr�unn?tSfers4lnee[I IIA_f,iF WH11iYWY Wnu W: wwwx_a...___. ._a�w._wwwn.ww+•rw atl..�..wnlw.,nll,.n...+Parn�,.aa,ww.. mow__.___._ -._.-_ 1IIRkw.rP APNSI IAnITArrY.tVIRS P.lYwG..NWA�'MIIk Pre[Wl.r_nW.YwrY Yif.r.WlMa_36PUb._�S .�._. M.tl,ixi I{9Y.whr14,wnr4ilSifw•a,IlpYs NKSSMf f N�III kYYAYL w 1,. 4Iq�,.{rw.RA.R+L w.nAR.rw.FmN wr, Nwi Ilw Rw.vw,in..PPwr.fPl...tR,RiIP,.W Rf'2.14lWewA MRYTMf gdYM4.lIWT: W=Ybu Wil brhlll wnf IW Ii1f.WMxb,K4 11YSYf16 VLRYI6N W Meili„aYf..rt♦ILI..IY�Y; NRi�Y!tl'wNRR.ggA-.�r41w_a�iyUn FWS,.0.w4+.01IPM4 Vw,wOR ����� �l.(f.Ywf 4W Hl tlPIrtR R _ — —_ ..�ray.wawe_v� r W ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 7 of 15 R.r FM bw Mogul Industrial Park Subdivision Phase 1 Ammmw ofAin cbmw w*mw amriy.romrh.mm .�. ",••• Cam,r Rmwdcrs Cwiicri �n _mv _na�._Lrr• �of •m_ w...r..__..1_.�. LAND .HOUP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 8 of 15 C. Landscape Plan (dated: 04/29/2025) El 1 __ 1 � ■nal: IPA 1 1 1 1 II --------------- ----•-- ---- L------------- --------------- y ------------ 1 \ 1 1 j9 i r�l---`------------ r.•n �! w--------------- --------------, a � 1 --L--------------- 1 1 �- L---------_-------J ... - . ��� _ _ .wur�w.�r•Is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 9 of 15 0 ` rr e I � � ! •IIt ! I � r � l � lll � ll ; ll �,:,�-�J , IIr� � — Y - e — t I i w - +U Aim i 1 Pl 03 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 10 of 15 r R Op ' o � �u.rew-►nfaarr '- nJ �U 4 f f VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(H-2021-0064;AZ—DA Instrument 42022-082504;H-2025-0006); applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of City Council's approval of the Mogul Subdivision on August 12',2027,in accord with UDC 1I- 6B-7,in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by The Land Group,dated 07/24/2025,included in Section V.B shall be revised as follows: a. Note 911: Include the recorded instrument numbers for the covenants,conditions,and restrictions. b. Note 912: Include the recorded instrument numbers for the ACHD sidewalk easement. c. Note 913: Include the recorded instrument numbers for the reciprocal easement. d. Note 914: Include the recorded instrument numbers for the ACHD storm drain easement. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. I —FP-2025-0024) Page 11 of 15 e. Note 415: Include the recorded instrument numbers for the temporary turnaround easement. f. Note 416: Include the recorded instrument numbers for the City of Meridian water easement. g. Note 917: Include the recorded instrument numbers for the gravity irrigation easement. h. Note 918: Include the recorded instrument numbers for the joint trench easement. i. Modify Plat Note 47: to include the City of Meridian in the language for approval. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by The Land Group,dated 07/23/2025,included in Section V.C, shall be revised as follows: a. All required landscape areas shall be at least 70%covered with vegetation at maturity, with mulch used under and around the plants in accord with UDC 11-3B-5N.Please provide vegetation calculations for the landscaping along Grand Mogul.A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. b. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection for all streets along W. Grand Mogul Drive with changes in color,markings,materials, texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP (see pg. 3-28,Crosswalks). 6. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster,Matthew Peterson,at 208-887-1620 or Matthew.W.Petersongusps.gov for more information. 7. Future development shall comply with the dimensional standards listed in UDC Table 11-2G3 for the I-L zoning district. 8. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 12 of 15 B. Public Works WasLewaler Ctaar r to � Avmldle in sit SmnAms Sewer ShLd Cstmated Prgaa Sec application Sewer EFdfs • WRK DY linirkg fala Lu- a ProjedCiNstslcK Yes wrlh WMf bLzaer PlanjF Pdr legais/mQrra Sec Public Vkxks She CwKfitkNa way Ciclaar¢tayWtr Water Available aA Site Serer li�e Zane Cstimrled Prujed Sce applieaLkon Water ClllPs • WaLerCbLolity Mane • Prujea Csxrsistcrrt Yes with Water Mas Ler Plan Im Muse Sma i717€7F[t'€S]'y'rlCl'[{jrylS: I. €Sly dnLs rxrl a11Lwr I rY�1ain.Elsi fV'",if Lew rs na_aLd @F LfIY ter 12". 2. CSIy reywrrz dot all LmiLez cLmrr ul9'the snub Fmng lu sdc.Please Lrse the stub fur lsrrlh Dire Ser om and Water St vice to atir id tappnrg the noin m the rercrL 3. F1nvi�t�regrrired 2D'[iasunL-nl lix I}L:sWh.I law:IiL��crenL LrclLnd a mmirnurn uf5'past The bilnw off hul 1W is pLfnm l €WNERALUrlNDM N S, I. Y w W.L L'e to Ihr%devefuprm t vs avmlaNe iw exh R i o ul cxming rna r adj:r:eccl Mt llre dn+elrgmrLmt.The aplrlx L shA- urtall rru m to and dunce{*this cLfxhvis w4 aWicant shall mmwxfirrae main z and muting vnlh the Puhk WcNL3 Departrnen4 and LxLvatle sWniard fi oFcasxrr t%iL%Rrr any maim tlstt we resyemed lu pmvule service. Manic"".cLwar mer.sewer rTwm is Three feet,if arver luxes ILp of peps Mr ab grade a lrs.llscn tlwn toa than allerrrale mutesalz Anvil be used in LunFirnror>=e of €dy of MmrKbm PsblK Wiwi x Depatcvarls 17mxl:uvl SpecrrxmkWc. 2. Watr service Yr this sate a avvilahle Zia extmsa ol` xisting.minx adyf-mt to the dewrlLTnrerl. The aWleLar! shall he rssprs mhlc lu iFrAA wales trams to aal Il:uuu„h this devekrpmmL caeertfirak Truro ubx zW FmArng vmh Ruh&V1'esrku. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 13 of 15 3. All mTmi%rmmLstdatmlbpuhlr IifKrtfely and beaYhslullbeuapletrdpriu Ikomcupamcynd Lhe s4vchrtx Wbeee appo,adhy Lhe City 1•itgntea,an nr4mLer=y pmL a pali:o nvv surety lix sotit m4wovmnents in ewda to 4"t City Engineer xi"we un due linal plat as.S L limilh in 13X' 11 5C 3R. 4. I.ymm irxgallalwmL of the Winclisr4in$and prim to mxpection by Planning 11Ljm1mott stall:the upplr-mi shall pnwxk a wrium ctaukaw ufcautpktion as Kat forth in l IIX:1131;14.k 5. A letter afanadit sw rash ninety m t1w awanml of I10%rill he m+gtmod fitr all inawrg3kW futtirtc„ 3;wk&aLpzn&anwmt:ea•ptsauisal TmLs laws pnm ILr sigmturu on Lhe liTud plat 6. The cit).or McnLb=ruclusrez that the uwLxr F.t a with dte City a peirwrnmrce stvety m the anawml of 125%of the UAAa cLsrc;ut C&M aWL lirr all naii-TIeL:st^ a,was nfkL%ViLcUae prior In final plat sigaarw Th_i umLy will be sxnficd by a line iL:m co+t tNlntate provided by the nurser to due C.'rty. The aWlicmr shall be required tit enter MW a Dcvul+pntsnl Suety Agin L want the C'yy of Meridian The mircoe can be preipl in the Fum ol'm srrcvstiahlc low ofvn!cbl,aech Lepasy m btwtd Applicant mast lik an aMbLatian Rini wmy. %•♦itch can he finrrl on the (:4Knr mdy Deveshrp amd DelmiirlmL wehsik. Please awttwt laud DevelopmwL Sevite For nitTre mfuotabon at 8117 Zv 11. 7. The City nf\derirhmr inquires Liol the owner pLtn to the OLy a warufy sUnly of the amrnmt of 2(1%4sf Hie Loral aatsnvclon cosA Fiw all urnplele d xewer,ntd walm mfraaruchae few a durALmn oFtwo ymm The%suety artutmL Ail]be vtaified by a Ime iti m Frxd mst imnicing pnn-alnd Fri•the owner Lo the(`dy.The suety cam he pasted in the firm of an mrevnncalde later of aedil,cadt dqxmt ew bxwL Appliemd must file m aWlicaLwn I"rw suety, which can be found an the (?-"^"n3t) De%elgtotmL De7x1 crnL wehsite. Please amLtcl 1: 0 De1tLhTm rnL 57a,ioe 6rx mire mfiwrtaa kiln at M7 2211.. R. In the evert Lbwl an arT.i'ml n Uor own r carra cvvWlete non Ide,inn s fay and inn bmhb m4wa%w=&,prim Lo{Sly Engnwsa sigrutue as to fi=J plat andrLx prxw Lo mxvfKinty.a suwdy agreenea cry be oppnhrd as set Rwth in UDC]1 W,3C. 4. Apphc"shall be ruclo d Lo pry Public Woks dnTIopwomL plans miew,nerd znsbixuaL mspeobun fbm as dabsi=nL1 during Me plan Teview pnkesa,purr W the isnnunnce o1'a plmr apslinnul Idfer_ W.It dull he the Tes7xxaibilty of tlae app]irmst to ernmwe that all ele vh ff rnenL femmes amirly wnlh Lhe;Vmtail.-^.wilt Dnahilities Acl nwl the l mr I Ieerang,Act. 11.ApIAc i dull be resgwweohb fin applwaLwwl and mt4tliarme ynth am Suamm-UH Permumg that may be ingw"by the Autry Carpi etf IFmgi s. 12.Dts4xlrtpa"I awtr3ut Lr mad6LLa loco ors with the Merwhan 1Erse Offkx. 13.All grmling of dw sate dull be psrf n ned in ccm inrnruffKr with MCC'11 1 dll. 11.(o n,snc m fat Ttnt&%shall be suhndttal Lo Hue Meridian lluiltbng Department I'm all bLdkIrng pails nxxr,ang ertgincertvl bactfill,where Rusting wTnld sr aLLV fiE rmalerial. 15.The engines dull he reyLmed to certify thin the str xt txnterizim elevatimrs are set a mini man of 3 feet abIltr the h:i tOw a esftbllslied pmk gnuritiwatrr ckwmimL This is to aware that the hods nr elevatim of the L.aawl sl a al­Ix ins is a leans•I foot above. ICt.The aplrlacu &Kip shim shall be rCspratmble fix wgwxtxm oral]irriown aal'm d ainW fertility rnllait this prnjnci that sLt rwtl Fall utLler Hte�twisdiLd>.tn etf an irti�iLm LhsGxa rw AfT]D. The demgn crkrirtmr shall pnni&catduryiLn Lha♦the Facilities have hnen m;Wled m acuwffi ce uilh the;spptnsed deup phms.This ceruFr akin will be requmed before a csukae uf4tti1grmrty us issued fatr;un•sbwures vnthm the pnlecL ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 14 of 15 17.At the cunpkixin or the propeM the spplicant shall he re_sponrw7T3e to suhrml record dr vhmp per the City or Meridian AuLvCAD 5LnxLmLti These scud drawrtnp mat he recmved and appmved prior 1n the issuance ura cxrhficalion uf�>omy for any utrud�within the prrgecL I H.Street light plan milers are laLed in sebum 6 7 of the Lstproveanent 9t;nxLvrls for Stra l Lighting.t)ttgto'fsv .TrmrxL aevtyarg�public wrrksa+- x?d-272). All street lights shall be mAallod at dvxlopra's cxpn . fired dL�m shall lx:mhrniLicd as Fsut of the dcmkgwrxW plmi wl fsw approval,whuch neat mcludL tFi kscalion of any cxramg shcd hgMti. The cttnhzkr s vnak and ratan& shill umfurrn to [be ISM: and The C1Ly of Meridian 9uMlernenLal %fxctlicancros Mt the ISM'.€mLl--t the pity of Merxlxem Tsm spxrtaLmm arxL UtilAy C'outimmi x at HQX 551X1 Gr ml4rntiun on the rrairwa orcusling shed lighting. 19.The applicmtt shatr puvide eatxrnetl(s)fir all public wa6en`sewer rnsairm rxrskle 4vFpuhbL right ul way(7ncludc all water wrviss wxL lirkwts). The easement wKhl s:A aal he 20 feet%WW sir a single uihty,or 30 feet wide for hwu. The easernnerts shall ntw he titre vu the plat,but rag" dcxhcWLd out%ide Tllc pL11 pn=m manse The City orMu rxhan's stasxLvd fawns'fhc cmur A shall be graphically dgmcted on the pia for wfe a pupses.Sober an executul ezcenena(rn dw frnn available fnan Pubtr Works}a IcWJ desmgWmm presorted by an Mahn licermil F ruksaamud I aud Stwtixyur,whx-h oast imckuk Lhc arm urthL czw=x t(rnmrkcd EXI 01417 A)and an&112-x I I-nmp waLh h=HrW and daLu:p=(narkrd UCI our u)fix avvicw.Ikth cxhidLs nazi he sealed,signed aril dated by a Pntf®ffW Leal Sawyers.IX)NOT RI•:(Y)RD. Add a note ha the plaLreferexangthcs+I�[. All eased L%nnxsL be suhmllea reviewed,and appsn+ed prior aF signahae urthe final pLut by the Cdy ExTgvueer- 20.Applirzu shall be ses7x ible fir applii:wmw and ame4elaatce x•ilh and t;P771:9 persextting thaL rnuy be required by the FrA•iruxmnemal Pnworhtm Ageuy- 21.Airy wells that will rxw cm3tin ue to be used moat be pntp erly ahwxkKsd aoo=ding di le&u Well €drub union Stma3tn1r Rules aairomiskmd hq foe Idaho Dgsmtine"rrf Wakr RemmurceN J.WWR} The Develnpe,Owner,rx pmjtv_-L ExWnner,shall provide a statement addrmung whether Thee am any exisline wells m the Lk>vkgrnett,and if m,how They will aNrm,e to he urea ar pnta-iule rcrxml ul'their ahmxkwvrrnt-If wells am wo be ahundrxsd,ike pvjea owner or thew reptsurative ffmw Lxtnteit the IDWR i iruindwaler PnRectem%mion(Axon Skinnu,Flydropmlogst 21114 297 4972)IN TORE any work a durr In daartwnixstrm an existing well(entl if it a hereved That the well is less than LI;lL decpj.Proof mf rmrvmwicalww wdlh IDWR maul he mwbmmithd Io Ire f1ty prior to any wwk bunk done to decummissantw Ire wdL Fmidre to xmwn=katr with IDWR m my roar in o"tiomwl warn aril expense to duzwwnisima lie well. ?.Any exislinng mptr symc mt within this prgeci shall be svn vmd fntm wNwim pe-01T r€kdinnr Setlatmn 9 1 4 aid 9 4 K. Cwitai the Central Dettnd Ik5alth Depmtnerl rQ ahardo nrnuml pnnnedmes arsd irr.(rcr.-trrnns. 23.The Ciy or Mexlan uetporm that peatwnsd imyalion syslam;be ugi[Aiel by a year runs] swerve of waker(LJDC 11 311t6.).The applicant ehtndd he required to me any exhdmg.unface 4r well waLa fir the pruvary sauce. If a surface or well so=e is not avaailable..a smgk jm=L connec wm to the culunay w•*e rysL=shall be regaled Ira single punt crosmsyim n uWi�L the develctprx will he ieRmposible for foe payment rrr a uw%g oen1N 14 the aaummm areas prwr kin dumlgmneni plat approval. 24.All smpLxnn LbIches,camk,lahmh iw rkaim emiusitie or natural wa ffwgs, inueseelmng, rntaacing;rlayingauljaomlandmMtgurnmuisfieaeaheitegvl+utixxLslshallIxaLhenc dpertjEC 1 3A 6. In Twrlirtring such wvk the applimi shall unogtly waLh 6131mi(Iiule 42 1207 and any wither applicable law or segulatkm. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(MOGUL INDUSTRIAL PARK SUBDIVISION NO. 1 —FP-2025-0024) Page 15 of 15 E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Order of Denial Reasoned Statement for In-N-Out Burger(CR-2025- 0002) by In-N-Out Burger, located at 5985 & 6037 N. Ten Mile Rd. CITY OF MERIDIAN REASONED STATEMENT, C�fIEPIDIANI-.­ FINAL DECISION,AND ORDER I D A H O Date of Order: October 14,2025 Application No.: CR-2025-0002(In-N-Out Burger at Ten Mile) Applicant: In-N-Out Burger(Cassie Ruiz,Senior Development Manager) In the Matter of: Council Review of the Planning and Zoning Commission's decision of denial on the conditional use permit(H-2024-0058)for a drive-through establishment within 300 feet of another drive-through facility,existing residences and a residential district on 2.22 acres of land in the C-G zoning district Pursuant to testimony and evidence received at the public hearing before the Meridian City Council on September 9, 2025 and before the Meridian Planning and Zoning Commission on April 3 and 17, 2025 concerning Application No. CR-2025-0002 ("Hearing"), the City Council renders this Reasoned Statement, Final Decision, and Order. A. Undisputed Facts. The following facts are undisputed: 1. In-N-Out Burger ("Applicant" or"In-N-Out")wishes to construct and operate a drive- through establishment("Project") on property located at 5985 and 6037 N. Ten Mile Road in Meridian, Idaho ("Property"), as more fully described in the Department Report to the Meridian Planning and Zoning Commission dated April 17, 2025 ("Staff Report"), which is attached hereto and incorporated herein. 2. The Property is located in the General Retail and Service Commercial District("C-G District"). 3. The Project is (a) within 300 feet of another drive-through establishment, (b)within 300 feet of a residential district, and(c)within 300 feet of existing residences. Consequently, under the Unified Development Code of the City of Meridian("UDC"), a conditional use permit ("CUP") is required. 4. The Applicant applied to the City for a CUP for the Project in accordance with the UDC (Application No. H-2024-0058). 5. The Meridian Planning and Zoning Commission ("Commission")held a hearing concerning Application No. H-2024-0058 on April 3, 2025 and April 17, 2025. The Commission issued its Findings of Fact, Conclusions of Law, Decision, and Order("Decision") on May 15, 2025, denying the Applicant's request for a CUP. The Decision is attached hereto and incorporated herein. 6. The Applicant timely requested City Council review of the Commission's Decision in accordance with UDC section 11-5A-7 ("Request for Review"). The Request for Review is attached hereto and incorporated herein. REASONED STATEMENT,FINAL DECISION,AND ORDER Application No.CR-2025-0002(In-N-Out Burger at Ten Mile) Page 1 7. Applicant's Request for Review also included proposed conditions of approval to mitigate or resolve potential impacts associated with the Project. 8. City Staff provided a supplemental memorandum to the City Council ("Supplemental Memorandum")to summarize the Applicant's proposed conditions of approval. The Supplemental Memorandum is attached hereto and incorporated herein. 9. The City Council held a de novo hearing concerning the Project on September 9, 2025. B. Summary of Testimony and Evidence. The following is intended to summarize the testimony and evidence received by the City Council. In making its decision, the City Council considered the entire record, including all testimony and evidence available to the Commission. 1. Testimony and evidence presented at the Hearing in opposition to the Applicant's application can be summarized as follows: a. The Project is, for all intents and purposes, located adjacent to the Olivia Townhomes and Apartments ("Apartments"). The Project and the Apartments are separated only by the north-south drive aisle ("North-South Drive Aisle")that serves the larger shopping center on the southwest corner of N. Ten Mile Road and W. Chinden Boulevard ("Shopping Center"). There are no other drive-through establishments in the Shopping Center that are as close to a residential district. The late hours and high volume of cars and customers patronizing the proposed Project will cause noise and disturb residents in the Apartments. b. The traffic impact study prepared by Kittelson& Associates, Inc. in 2017, prior to the opening of the Shopping Center("2017 Traffic Study"), is outdated and does not reflect current traffic congestion. Development in northwest Meridian has dramatically changed the nature of traffic in this area since 2017. c. The Project will exacerbate traffic concerns in the area. In-N-Out is known to attract a high number of customers. Traffic will spill out onto the North-South Drive Aisle; produce unacceptable traffic congestion at the intersection of the North-South Drive Aisle and the Shopping Center's east-west drive aisle north of Cafe Rio ("East-West Drive Aisle"); produce unacceptable traffic congestion at the intersection of the North- South Drive Aisle and Lost Rapids Drive; and produce unacceptable traffic congestion at the intersection of Lost Rapids Drive and Ten Mile Road. d. The Property will only be able to hold approximately 50 vehicles in the drive-through queue before the line spills out into the North-South Drive Aisle and blocks other commercial customers and residents from accessing the Shopping Center. The Property is not large enough for the Applicant's anticipated high-volume use. Queuing will not be contained on the site and will interfere with parking on the site. 2. Testimony and evidence in support of the Applicant's request at the Hearing can be summarized as follows: REASONED STATEMENT,FINAL DECISION,AND ORDER Application No.CR-2025-0002(In-N-Out Burger at Ten Mile) Page 2 a. The Applicant states that the Project is compatible with the area because it is within a C- G zone, meets all City design standards, and does not require a variance. The Applicant asserts that this mix of uses in this location is what was originally intended by the City. Staff agreed in the Staff Report that the proposed development meets three of the eight relevant findings in UDC section 11-5B-6, subsections (5), (6), and(8). The Applicant stated it can satisfy the remining five findings. b. Large-scale commercial uses were intended for the Shopping Center. The Property is zoned for C-G, and the Apartments were intended to be a transition between the commercial uses and single-family homes. The Property is 2.2 acres; the other lots in the Shopping Center(with the exception of the Costco property) are less than 1 acre. This application proposes to combine two lots into one, which reduces the overall commercial density. The application also proposes four times the amount of parking required by the UDC for properties within the C-G zone. c. The 2017 Traffic Impact Study identified the public improvements needed to mitigate the impacts of the Shopping Center, and those public improvements have been completed. The Ada County Highway District ("ACHD") and the Idaho Transportation Department reviewed the Project and concluded no additional public road improvements or traffic studies were required. Moreover, the Applicant provided a 2025 Focused Traffic Analysis showing no additional traffic mitigation is necessary. d. The Applicant provided a written analysis of queuing volumes for the Project and at other In-N-Out locations in Idaho ("Queuing Analysis"). The Queuing Analysis shows that other In-N-Out locations, at the Village at Meridian, Boise, and Nampa, have been able to keep drive aisles clear, even though those sites are smaller than the Property(1.2 acres for the Village at Meridian; 0.86 for Boise; and 1.4 acres for Nampa). Moreover, since the Project will be the fourth In-N-Out in the Treasure Valley, the Project will have a lower customer volume in comparison to the opening of the Village at Meridian store. Queuing and on-site operations will ensure that drive-through vehicles will remain on the Property and not adversely impact neighboring properties. If queuing extends beyond a certain point, In-N-Out assigns store associates to stations in the parking lot to assist with queuing, emergencies, or customers attempting to exit. Additionally, store associates are assigned to park in spots that potentially could be blocked. e. The Applicant is offering several self-imposed conditions to reduce the potential impact on the community and neighboring properties. Those conditions include: (1)mechanical equipment shall be incorporated into the design so visual and acoustic impacts are reduced; (2) food service hours of operation will be from 6:00 a.m. to 12:00 a.m., which is consistent with the operating hours of other drive-through establishments in the Shopping Complex (e.g., Burger King); (3) additional sidewalks to improve pedestrian connections; (4) additional landscaping to mitigate potential noise and light impacts; (5) delivery hours will be from 6:00 a.m. to 10:00 p.m. to mitigate nighttime noise concerns; (6) delivery truck routes that avoid back-up noises; (7)parking lot lighting consistent with a photometric plan to reduce impacts on the Apartments; (8) lights to be dimmed or turned off after closing; and(9) a prohibition on any stacking in the drive-through escape lane. REASONED STATEMENT,FINAL DECISION,AND ORDER Application No.CR-2025-0002(In-N-Out Burger at Ten Mile) Page 3 f. The Applicant completed a noise study, which took noise measurements over the course of twenty-four (24)hours, and determined that the daytime (7:00 a.m. to 7:00 p.m.) ambient noise level was approximately 67 dBA; the evening (7:00 p.m. to 10:00 p.m.) ambient noise level was approximately 71.9 dBA; and the nighttime (10:00 p.m. to 7:00 a.m.) ambient noise level was approximately 67.3 dBA. The 24-hour community noise equivalent was 67.5 dBA, which correlates to a normal conversation. This ambient noise, including that from HVAC systems, vehicle traffic on the roads, and a drive- through with a speaker system, would exist for any permitted commercial use on the Property. This demonstrates that the noise from the Project would not be disruptive or substantially increase the existing noise. C. Standards Considered. 1. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"), codified at Title 67, Chapter 65, Idaho Code. 2. The City Council takes judicial notice of the UDC, all current zoning maps, and the City of Meridian Comprehensive Plan. 3. The standards set forth in UDC section 11-513-6(E), which concerns conditional use permits. D. Reasoned Statement. 1. City Council's decision is based on the following criteria, standards, evidence, and rationale: a. With respect to UDC section 11-5B-6(E)(3), the City Council is unable to make the required finding"[t]hat the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area." The City Council is unable to make this fmding based on the following: i. While, as the Applicant states, the Project meets general City standards for a C-G zone, extensive testimony was received from neighbors that the Project's operation is not compatible with other uses in this specific neighborhood, because of its immediate proximity to the Apartments. City Council finds the testimony and evidence from residents who live in the vicinity of the proposed Project to be more compelling. Despite the proposed mitigation efforts, the increased traffic, noise, and glare from the Project will adversely impact the residential neighbors. As the 2025 Focused Traffic Analysis indicates, "The proposed project is forecast to generate approximately 2,457 external daily trips on weekdays, including 251 external trips during the mid-day peak hour and 174 external trips during the PM peak hour, and 246 external trips during the Saturday mid-day peak hour." This level of activity and number of trips next to a residential district will adversely change the essential character of the area. The operation of this Project, so close to the Apartments, is fundamentally incompatible with the neighboring residential use. REASONED STATEMENT,FINAL DECISION,AND ORDER Application No.CR-2025-0002(In-N-Out Burger at Ten Mile) Page 4 ii. Though the Property is larger than other drive-through establishments in the Shopping Complex, testimony was also received that In-N-Out attracts a large customer base and that, despite the Property being larger than one acre, customer demand will likely exceed the capacity for the area and block the North-South Drive Aisle. The City Council City finds the testimony and evidence from the Project opponents to be more convincing. The record reflects that the Property is inadequate to accommodate vehicles with large passenger capacity (such as buses), or those instances where the drive-through queue exceeds 50 vehicles. The Applicant's response as to how it would handle drive-through queues in excess of 50 vehicles was unsatisfactory and unpersuasive; it largely centered on the notion that"we know what we are doing, and we will find a way to make it work." Even with the larger lot as compared to other lots in the Shopping Center, the likely volume of vehicles and customers going to and from In-N-Out will overwhelm the Property, and for this reason, the proposed use is not compatible with, and will adversely change, the character of the area. iii. The Applicant states that the 2017 Traffic Study considered all necessary traffic mitigation measures required for the Shopping Center as a whole, and those improvements have been completed. The Applicant further states that ACHD and the Idaho Transportation Department will not require a new traffic study and this Project would not require further mitigation. Project opponents argue that the 2017 Traffic Study and the Applicant's supplemental traffic analysis and queuing analysis are insufficient. Opponents testified that the nature of the area has drastically changed since 2017. City Council agrees that the 2017 Traffic Study is outdated and inadequately addresses current conditions. Moreover, City Council finds that 2025 Focused Traffic Analysis was limited in scope, and did not address traffic congestion on the North-South Drive Aisle or at the intersection of the North-South Drive Aisle and East-West Drive Aisle. The traffic study provided is inadequate to demonstrate that the operation of In-N-Out at the Property will not introduce a fundamental incompatibility with existing uses, and related traffic, in the general neighborhood. Traffic associated with the proposed use will adversely change the essential character of the area. b. With respect to UDC section 11-513-6(E)(4), the City Council is unable to make the required finding"[t]hat the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity." The City Council is unable to make this finding based on the following: i. The Applicant states that, per its noise study, the nighttime noise will not impact the adjacent residential district and that its normal business practices in conjunction with its proposed conditions will adequately mitigate any impact on properties in the vicinity, including lights and noise. However, City Council received more compelling testimony from Apartment residents that the North-South Drive Aisle traffic is mere feet away from the Apartments and the increased traffic will produce burdensome noise. As neighbors also testified, light, including store lights, emergency lights, and vehicle headlights, will adversely impact the residential area. Because the Project is extremely close to the Apartments, traffic from the Project will adversely impact residents—in the form of noise and unwanted headlights, in REASONED STATEMENT,FINAL DECISION,AND ORDER Application No.CR-2025-0002(In-N-Out Burger at Ten Mile) Page 5 particular. Though the Applicant's analysis purported to show that noise would not be a significant issue, the analysis did not consider the high volume of cars driving by so closely to the Apartments, where a car may leave the queue every thirty-five (35) seconds until midnight. Nor does it consider noise above the average levels described in the noise study, i.e., deviations from the mean, such as abnormally loud noises periodically generated by passing vehicles, particularly late at night. Though another drive-through establishment in the Shopping Center(Burger King) is open until midnight every day, it is not twenty feet away from a residential district, as the proposed Project would be. Even with the conditions proposed by the Applicant, the proposed use will adversely affect residents of the Apartments. ii. The Applicant states that the queuing analysis and other information provided show that the Property is large enough to contain the queuing onsite. Several people provided observations of queuing at other In-N-Out stores in the area, indicating that the demand will exceed the capacity of the Property. Additionally, the queueing analysis showed that peak traffic would not exceed 46 vehicles 95% of the time, but this means that there will be times when the queue is longer than 46 cars, adversely affecting the North-South Drive Aisle and creating noise and lights that impact the neighbors the equivalent of 18 days out of the year. In addition to excessive noise and light affecting the Apartment residents, this introduces an unacceptable occurrence of added congestion on the North-South Drive Aisle, and likely the Lost Rapids Drive and Ten Mile Road intersection as well. Conditions proposed by the Applicant are inadequate to address these adverse effects. c. With respect to UDC section 11-5B-6(E)(7), the City Council is unable to make the required finding"[t]hat the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors." The City Council is unable to make this finding based on the following: i. The Applicant provided a noise study indicating that the Project would not increase ambient noise. Project opponents testified that the noise and late hours (open until midnight) only twenty feet away from a residential district will interfere with residents' ability to enjoy their homes and sleep. City Council finds that Project traffic will be detrimental to the adjacent residents for the reasons considered above in subsection (b) regarding noise and vehicle headlights from a high-volume, late- night drive-through. 2. Based on the foregoing, and despite the mitigation conditions offered by Applicant, the Project does not satisfy the requirements for approval of a conditional use set forth in UDC section 11-5B-6(E). Because the City Council is unable to make the required findings set forth in UDC sections 11-5B-6(E)(3), (4), and(7), the City Council is precluded from granting a CUP for the Project. Moreover, because the City Council is unable to make the required findings set forth in UDC sections 11-5B-6(E)(3), (4), and(7), there is no need to consider the remaining subsections set forth in UDC section 11-5B-6(E). REASONED STATEMENT,FINAL DECISION,AND ORDER Application No.CR-2025-0002(In-N-Out Burger at Ten Mile) Page 6 3. Pursuant to Idaho Code section 67-6519(5)(c), the Applicant is advised that it could likely obtain approval if it proposes a restaurant without a drive-through. E. Order. Based on the foregoing, the City Council hereby denies the Applicant's request for a conditional use permit for the Project. F. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. G. Request for reconsideration. Pursuant to Meridian City Code section 1-7-10, the Applicant may file a request for reconsideration within fourteen (14) days of the date of this final decision. H. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code section 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 section 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. L Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 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. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 14th day of October, 2025. Robert E. Simison 10-14-2025 Mayor Attest: Chris Johnson 10-14-2025 City Clerk REASONED STATEMENT,FINAL DECISION,AND ORDER Application No.CR-2025-0002(In-N-Out Burger at Ten Mile) Page 7 Mayor Robert E. Simison City Council Members: IDIAN - �� Luke Cavener, President I Liz Strader,Vice President Brian Whitlock Doug Taylor John Overton Anne Little Roberts August 28, 2025 MEMORANDUM TO: Mayor& City Council FROM: Sonya Allen, Associate City Planner CC: City Attorney, City Clerk RE: In-N-Out Burger—CR-2025-0002— 5985 N. Ten Mile Rd. This is a de novo hearing where the City Council decides all issues of fact and law anew. Thus, the issue before the Council is whether to grant the Conditional Use Permit(CUP) for In-N-Out Burger's proposed drive through, not whether the Planning and Zoning Commission erred in its decision. This supplemental memo will focus on In-N-Out Burger's proposed new conditions; it is intended to supplement the staff report prepared for the Planning and Zoning Commission, which has not been revised. The Applicant submitted a CUP application (H-2024-0058) for a drive-through establishment in the C-G zoning district within 300 feet of another drive-through facility, existing residences and a residential district, which was denied by the Planning and Zoning Commission on May 15, 2025. The stated reasons for denial are as follows: The hours of operation are not compatible with the residential area to the west and there are substantial traffic concerns, including traffic conflicts, that will have a negative impact on the north-south private drive aisle that serves the surrounding commercial area (see required Findings for more information—pp. 11-12). In response to discussion at the Commission hearing, the Applicant submitted additional material to supplement the record, including a revised site plan, landscape plan,updated queuing observations of the three (3) existing Idaho locations, a photometric plan and an operational noise study. A change to the business hours of operation are also proposed from 10:30 am until 12:00 am every day with delivery hours from 6:00 am until 10:00 pm. Finally, the Applicant proposes conditions of approval that they will operate within in an effort to mitigate or resolve any impacts from the proposed drive-through on adjacent neighbors and the public (see p. 8 of the Applicant's narrative). The proposed photometric plan depicts light trespass beyond the boundary of the subject property to the west—it's unclear if light trespasses on the adjacent residential property or just the driveway in between the properties. In order to comply with the outdoor lighting standards in UDC 11-3A-I IC.2, the effective zone of light shall not trespass on abutting residential properties. The noise study finds that noise levels would not result in a 3 or 5 dBA (A-weighted decibels) increase above the measured daytime, evening, nighttime and 24-hour CNEL (Community Noise Equivalent Level) ambient during both operation and delivery activities. The traffic study submitted by the Applicant does not anticipate the proposed use will negatively impact the intersection of Lost Rapids Dr. and Ten Mile Rd. —additional information was provided by the Applicant on this topic. No changes are proposed to address the traffic concerns, including traffic conflicts, that will have a negative impact on the north-south private drive aisle that serves the surrounding commercial area—the internal driveways were not part of the traffic study submitted for this development but were part of the traffic study done with the Lost Rapids development in 2018. A traffic study was not required by ACHD or ITD. Changes to the site and landscape plan consist of enhanced landscaping within the western perimeter buffer of the site to ensure privacy, reduce noise and soften ambient light adjacent to the residential uses to the west. These changes include increased tree density to provide continuous canopy coverage with overlapping foliage extending from 6 to 20 feet above the finished grade with additional shrub density with dense to semi-dense leafy plantings to enhance the visual and functional experience of the place. A sidewalk was also added along the west and north perimeter boundaries of the site for enhanced pedestrian access and connectivity. Lights from vehicles waiting in the drive-through queue will not be pointed toward residences; however, lights from vehicles exiting the drive-through will be pointed toward adjacent residences. Landscaping is proposed to minimize these impacts. Minimum lighting for public safety and security purposes will be utilized on the site at night after the business closes. In order to approve the request and overrule the decision of the Commission, the City Council must determine the updated application meets the required Findings for a conditional use permit in UDC 11-5B-6E. If the request is determined to the meet the Findings, Council should consider including the conditions proposed by the Applicant as conditions of approval of the CUP along with any other conditions or modifications determined appropriate by City Council. Alternatively, the City Council may wish to continue the project to a later date in order for Staff to draft appropriate conditions of approval. The staff report prepared for the Planning and Zoning Commission omitted conditions of approval. EXHIBIT A COMMUNITY DEVELOPMENT �E DEPARTMENT REPORT REPORT HEARING 4/17/2025 Legend DATE: (Continued from: 41312025) M Project Location � 0 Area of Impact ` �I TO: Planning&Zoning Commission = City Limits " L.-=r FROM: Sonya Allen,Associate Planner O Analysis �y.P = , 208-884-5533 sallen@meridiancity.org - - APPLICANT: Todd Smith,In-N-Out Burger - --' SUBJECT: H-2024-0058 i�@ In-N-Out Burger at Ten Mile � � LOCATION: 5985 &6037 N. Ten Mile Rd.,in the NE F. ' � � '/4 of Section 27,TAN.,R1W. Note for clarification: The notice of public hearing included "extended"business hours of operation as the use was believed to abut a residential use and zoning district, which would have limited hours from 6:00 am to 11:00 pm per UDC 11-2B-3B, however, upon closer examination,prior to issuance of the staff report, Staff found the proposed use is actually separated from the residential use/zoning by a 20 foot wide strip of commercially zoned land. Therefore, business hours are not expressly limited by the UDC although they may be limited through the Conditional Use Permit as a condition of approval for compatibility with adjacent uses. The staff report clarified this matter in Section 111.C below and Staff also clarified it verbally at the public hearing.Any references in the staff report to "extended"business hours of operation should be disregarded. 1. PROJECT OVERVIEW A. Summary Conditional use permit for a drive-through establishment in the C-G zoning district within 300 feet of another drive-through facility,existing residences and a residential district. The request includes extended business hours of operation beyond the 6:00 am to 11:00 pm limit,with hours from 6:00 am to 1:00 am Sunday through Thursday,and 6:00 am to 1:30 am Friday and Saturday. B. Recommendation Staff. Denial C. Decision Commission: Denial II. COMMUNITY METRICS Table 1: Land Use Description Details Mal)Ref. Existing Land Use(s) Ed11111L.. Vacant/undeveloped - Proposed Land Use(s) Restaurant/drive-through establishment - City of Meridian I Department Report Description Details Map Ref. Existing Zoning C-G(General Retail and Service Commercial District) VII.A2 Proposed Zoning NA Adopted FLUM Designation Commercial VII.A.3 Proposed FLUM Designation NA Table 2:Process Facts Description Details Preapplication Meeting date 10/7/2024 Neighborhood Meeting 7/15/2024 Site posting date 4/7/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District No mitigation required by ACHD • Comments Received Yes - • Commission Action Required No - • Access Driveway access to a private drive aisle along the west side of the site that connects to W.Lost Rapids Dr. ITD Comments Received Yes Note: See section IV. City/Agency Comments&Conditions for comments received or see public record: https://weblink.meridiancioy org/WebLink/browse.aspxTid 367313&dbid 0&Mpo Meridian00t III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview This property is designated Commercial on the Future Land Use Map(FLUM) in the Comprehensive Plan. It's located within the commercial area where Costco is located,which includes several smaller commercial pads around the perimeter of the development fronting on W. Chinden Blvd. and N. Ten Mile Rd. Multi-family apartments exist directly to the west of the site (south of Costco)across a 35-foot-wide driveway that provides access to the overall development via Lost Rapids Dr.,a collector street between W. Chinden Blvd. and N. Ten Mile Rd. Table 4:Proiect Overview Description Details History H-2018-0004(AZ,PP,CPAM,VAR—DA Inst.2018-079970),FP-2019- 0056 Acreage 2.22 acres B. History In 2018,the subject property was annexed as part of a larger development area consisting of residential and commercial property zoned R-40 and C-G and included in a preliminary plat. A development agreement was required as a provision of annexation,which governs future development of the property. The property was later included in a final plat as Lots 14& 15, Block 1, Lost Rapids Subdivision. City of Meridian I Department Report III. Staff Analysis C. Site Development and Use Analysis (Staff comments in italics) 1. Proposed Use Analysis (UDC 11-2): The proposed use aligns with the Commercial FLUM designation in the Comprehensive Plan. A restaurant is a principal permitted use in the C-G district,but a drive-through establishment requires approval of a conditional use permit(CUP)when the property is within 300 feet of another drive-through facility,a residential district,or an existing residence in accord with UDC Table 11-2B-3. In this case,the property is within 300 feet of another drive-through facility directly to the north(i.e. Cafe Rio),and existing residences and a residential district directly to the west(i.e. Olivia Apartments&Townhomes,zoned R-40). Single-family residential uses and zoning also exist to the cast across N. Ten Mile Rd. but are separated from the site by a 5-lane arterial street. The C-G zoning district limits business hours of operation from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours may be requested through a CUP. Technically,this site does not directly abut a residential use or district—there is a 20' wide strip of land between this site and the adjacent residential development and R-40 zoning district owned by Costco,zoned C-G. Although hours of operation wouldn't be restricted by the UDC in this instance per se,hours may still be limited through the CUP. The Applicant proposes business hours of operation until 1:00 am Sunday through Thursday, and 1:30 am Friday and Saturday. Although business hours are allowed to start at 6:00 am, the Applicant states the business won't open until 10:30 am. Deliveries are proposed to occur between the hours of 2:00 am and 9:00 am during non-business hours. The Applicant states trucks do not have to back up to deliver,which will avoid any back-up warning beeping. Note: When Costco was approved, deliveries were not allowed to occur between the hours of 10:00 pm and 5:00 am to minimize noise impacts to adjacent residential neighbors. Because this site is in such close proximity to residential uses to the west, Staff does not recommend approval of extended hours of operation beyond those allowed in the district,in accord with Comprehensive Plan Policy 45.01.01F below. "Minimize noise, lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code."(Comprehensive Plan Policy#S.OI.OIF) If the CUP is approved,the Commission should specify allowed hours of operation and if deliveries are allowed after-hours as proposed. 2. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G district in UDC Table 11-2B-3.Staff has reviewed the proposed plans and building elevations and they comply with these standards. 3. Specific Use Standards (UDC 11-4-3): Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. All establishments providing drive-through service are required to identify the stacking lane, menu and speaker location(if applicable),and window location on the site plan. The proposed site plan depicts stacking lanes and service locations as required. Only one (1) menu board and speaker is proposed, two (2) umbrella stands are proposed for weather protection for employees to take orders remotely farther down the drive-through lane. The site plan is required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. Sidewalks exist within the street buffers along Lost Rapids Dr. and N. Ten Mile Rd.A pedestrian walkway is proposed from the perimeter City of Meridian I Department Report 11I. Staff Analysis sidewalk along Ten Mile to the main building entrance in accord with UDC 11-3A-19B.4; another walkway is proposed from the building entrance to the north.If approved, Staff recommends a minimum S'wide sidewalk is provided along the west side of the site alongside the north/south drive aisle for pedestrian safety. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the public right-of-way by patrons; The site plan indicates capacity for 29 vehicles within the proposed stacking lanes. While this would typically be sufficient, Staff is concerned it may not be sufficient for this constrained site. These concerns are informed by ongoing traffic issues in the area and operational challenges observed at the In-N-Out at The Village at Meridian. There, during the extended period following its opening—and potentially still during peak times vehicle queues exceeded site boundaries, spilling into internal drive aisles that serve parking for the broader development. In that case, the impact was mitigated by lower parking demand due to the area not being fully built out, and the absence of overflow onto a public right-of-way. Since its opening a year and a half ago, activity at that location has decreased, resulting in reduced stacking and impact on adjacent properties. While the addition of a second location may help distribute customer traffic, the proposed site presents greater risk due to its proximity to residential uses,public right-of-way and other high-traffic commercial uses. Vehicle queues may obstruct key internal drive aisles used for on-site parking, the access driveway off Lost Rapids, and potentially the adjacent public right-of-way(Lost Rapids Dr.), compounding existing circulation and safety concerns. Many letters of opposition have been received from area residents and patrons of adjacent commercial uses attesting to the traffic and congestion issues in this area and concerns the proposed use will only exacerbate these issues. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking,except stacking lanes may provide access to designated employee parking. Approximately 400 feet of the stacking lane is a separate lane from the circulation lanes needed for access and parking; however, Staff is concerned stacking will extend from this area and block circulation lanes needed for access and parking internal and external to the site during peak hours.If approved,parking spaces nearest the stacking lane along the west boundary of the site should be designated for employee parking only. 3)The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. The nearest apartment building is approximately 80 feet from the stacking lane. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and The first 170+/-feet of the drive-through has a double stacking lane, which transitions to a single stacking lane with an escape lane for the last 230+/-feet up to the pick-up window, meeting this requirement. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The two (2)pay windows are located along and are visible from N. Ten Mile Rd.for City of Meridian I Department Report III. Staff Analysis surveillance purposes. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. The site is separated from the multi family development to the west by a 2-way drive aisle so this requirement is not applicable. Restaurant: The proposed use is also subject to the specific use standards listed in UDC II- 4-3-49 for restaurants,as follows: Parking: At a minimum,one (1)parking space shall be provided for every two hundred fifty(250) square feet of gross floor area. Upon any change of use for an existing building or tenant space,a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. Based on 3,886 square feet ofgross floor area for the proposed restaurant, a minimum of 16 vehicle parking spaces are required;a total of 73 spaces are proposed, which meets and exceeds the minimum standard. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): "Require appropriate landscaping, buffers, and noise mitigation with new development along transportation corridors (setback, vegetation, low walls, berms, etc)."(Comprehensive Plan policy#3.07.01 C) i. Landscape buffers along streets Street buffers are required to be provided with development per UDC Table 11-213-3 based on the street classification with landscaping per the standards in UDC 11-3B-7C. A 35 foot wide street buffer was installed on this site along N. Ten Mile Road, an arterial road and entryway corridor, and a 20 foot wide street buffer was installed along W.Lost Rapids Dr., a collector street, with the subdivision improvements as required.Additional buffer width is proposed with development of the site ranging from 7 to 11 feet along N. Ten Mile Rd. and 22 feet along W. Lost Rapids Dr. with additional landscaping. ii. Parking lot landscaping Perimeter and internal parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8. Planter islands are required to be placed at the ends of rows of parking to delineate and guide traffic movement within the parking area,prevent cross space driving,and to reduce the visual impact of long rows of parked cars.If approved,planter islands should be added at the ends of rows of parking that abut the southern driveway for the site. In. Landscape buffers to adjoining uses Landscaping within buffers to residential and/or non-industrial uses is required to comply with the standards of UDC 11-3B-9C.No residential uses adjoin the site (the residential apartments to the west are separated from this site by a driveway); therefore, a landscape buffer is not required. iv. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. City of Meridian I Department Report III. Staff Analysis v. Pathway landscaping Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C.No pathways are proposed or required within the site. 2. Parking (UDC 11-3C): i. Nonresidential parking analysis As noted above,a minimum of one(1)off-street parking space is required per 250 square feet of gross floor area for the proposed restaurant.Based on the 3,886 square foot building, a minimum of 16 spaces are required.A total of 73 parking spaces are proposed, exceeding the minimum standard by 57 spaces. ii. Bicycle parking analysis A minimum of one (1)bicycle parking space is required 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.Based on the proposed number of vehicle spaces (i.e. 73), a minimum of three(3) bicycle spaces should be provided.A total of four(4)spaces are proposed, which meets and exceeds the minimum standard. 3. Structure and Site Design(11-3A-19) Architectural character: Buildings are required to be designed in accord with the City of Meridian Architectural Standards Manual (ASM). The conceptual building elevations included in Section VII.E appear to comply with these standards;final design is required to comply with the non-residential design standards in the ASM. Site design: Extend or improve streets,drive aisles,cross access easements or similar vehicular and pedestrian connections provided from adjacent properties.No cross-access easements or driveways exist to this site from the adjacent property to the north.A 5-foot wide sidewalk exists along the west side of the lot to the north adjacent to the north/south drive aisle from W.Lost Rapids Dr.If approved, Staff recommends a sidewalk is also provided on this site along the north/south drive aisle for pedestrian safety and access to/from the north and from the sidewalk along W.Lost Rapids Dr. For lots with frontage on a public street,a minimum of 30%of the buildable frontage of the property shall be occupied by building facades and/or public space. The proposed site design meets this requirement along N. Ten Mile Rd. with only a drive-through lane between the building fagade and the public street but does not meet the requirement along W.Lost Rapids Dr. Parking lots: For properties greater than two (2)acres in size,no more than 50%of the total off-street parking area for the site shall be located between building facades and abutting streets. The proposed site design meets this requirement along Ten Mile but does not along Lost Rapids. Pedestrian walkways: A continuous internal pedestrian walkway that is a minimum of five (5) feet in width is required from the perimeter sidewalk to the main building entrance(s)for non- residential uses. The walkway should be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks and have weather protection (including,but not limited to,an awning or arcade)within 20 feet of the all customer entrances.A pedestrian walkway is proposed from the perimeter sidewalk along N. Ten Mile Rd. and along the northern boundary of the site to the main building entrance.If approved, the pedestrian walkway along the northern boundary should connect to the sidewalk required along the western boundary of the site;and all walkways that cross vehicular driving surfaces should be distinguished as noted above. City of Meridian I Department Report III. Staff Analysis "Consider needed sidewalk,pathway, landscaping, and lighting improvements with all land use decisions."(Comprehensive Plan policy#6.01.02D) E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Comprehensive Plan Policy 6.01.02E focuses on minimizing access points to arterial streets by implementing strategies like cross-access agreements, access management, and developing frontage and backage roads, while enhancing connectivity between local and collector streets. Access for the site is proposed via two(2) full-access driveways from the north/south drive aisle that exists along the west side of the site,which connects to W. Lost Rapids Dr. Direct access via N. Ten Mile Rd. is not proposed or allowed. This is in accord with the above noted Comprehensive Plan policy. The Applicant submitted a tra zc analysis focused on the Ten Mile&Lost Rapids area, included in the public record. In short,the analysis states the proposed queuing capacity for 29 vehicles will provide sufficient storage capacity to accommodate vehicles observed at 18 other In-N-Out establishments once operations normalize. An overflow management plan is identified,which will be implemented when drive-through lane overflow occurs and will extend the available queuing area by an additional 21 vehicles to accommodate approximately 50 vehicles on-site. The plan extends the queuing area by closing the southern access point and re-purposing 14 parking spaces along the site's western boundary. This modification limits access to a single entry and exit driveway at the northwest corner of the site. While Staff doesn't necessarily disagree that the proposal should be adequate once operations normalize, Staff is concerned about the impacts to internal drives and adjacent public right-of-way and associated public safety in the interim if vehicles stack beyond the boundary of the site. ACHD has indicated that no additional improvements are required to the adjacent streets. 2. Sidewalks and Parkways (UDC 11-3A-17): Sidewalks and parkways are required to comply with the standards listed in UDC 11-3A-17. Detached 5-foot wide sidewalks exist along N. Ten Mile Rd. and W. Lost Rapids Dr abutting the site. No parkways are proposed or required. F. Services Analysis 1. Pressurized Irrigation (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided as set forth in UDC 11- 3A-15. 2. Storm Drainage (UDC 11-3A-18): Storm drainage is required to comply with the standards listed in UDC 11-3A-18. 3. Utilities (Comp Plan, UDC 11-3A-21): All utilities shall be installed at or below grade in accord with the City's adopted standards, specifications and ordinances. All development shall be connected to the City of Meridian water and sewer systems,unless otherwise approved by the City Engineer. Service stubs were provided to this property with development of the subdivision. Comprehensive Plan Policy#3.03.03G requires that urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, and water and sewer utilities.Additionally, City of Meridian I Department Report III. Staff Analysis all utilities for the proposed development must be installed in accordance with the standards specified in UDC 11-3A-21. "Support infill development that does not negatively impact the abutting, existing development." (Comprehensive Plan policy 92.02.02C)—Based on the above analysis and the public testimony received, Staff believes the proposed development will have a negative impact on adjacent residential properties. Concerns include deteriorating air quality from vehicle exhaust while cars idle in line for service,and noise generated outside acceptable hours for areas next to residential uses.Additionally, the proposed development will most certainly increase traffic and congestion in an area that is already strained, further exacerbating existing transportation challenges. As of the date of this report, 146 letters of public testimony, mostly in opposition to the project, have been received and are included in the public record. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division Staff is not recommending approval of the proposed conditional use permit; therefore, conditions of approval are not included. If the Commission wishes to approve the request, the project should be continued to a subsequent hearing date for Staff to prepare conditions of approval for consideration by the Commission. Other agency comments may be accessed in the project file in the public record. Copy and paste the following link into your browser: https:llweblink.meridiancioy org/gebLink/Browse.aspxTid 367313&dbid O&Mpo MeridiggCioX V. FINDINGS A. Conditional Use(UDC 11-511-6E) The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds the site is not large enough to accommodate the proposed use and comply with the specific use standards listed in UDC 11-4-3-11, which require stacking lanes to have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons,per the analysis above in Section III. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds the proposed infill development will not be harmonious with the Comprehensive Plan in that the proposed use and hours of operation will negatively impact abutting existing residential development, area residents that live nearby traveling on Lost Rapids and patrons of other commercial uses in the area due to excessive noise, traffic and congestion. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the design and operation of the proposed use will not be compatible with other residential and commercial uses in the general neighborhood, due to noise, air quality and transportation impacts, which are already challenging in this area and will be City of Meridian I Department Report IV. City/Agency Comments&Conditions exacerbated with the proposed use as discussed above in Section III, which will adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds the proposed use will adversely affect other properties in the vicinity and thus, denies the proposed use. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures, refuse disposal,water,and sewer. The Commission finds the proposed use can be served adequately by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes,glare or odors. The Commission finds the proposed use will be detrimental to persons,property and the general welfare due to excessive production of exhaust fumes from vehicles idling in line for extended periods of time, noise, traffic and congestion based on the analysis above in Section III and the many letters of testimony received from the public included in the public record. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. 11. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. VI. ACTION A. Staff: Staff recommends denial of the proposed Conditional Use Permit as discussed above in Section III,per 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 deny the subject CUP request. 1. Summary of the Commission public hearing: City of Meridian I Department Report V1. Action a. In favor: Todd Smith,In-N-Out Burger(Applicant): Robin Sellers: Shawn Sunwell b. In opposition: Wade Ramsey Bainbridge HOAI_ Brick Oliver(Cadence HOAI_ Bri Jones(Olivia Apartments): Diane Hough: Jon Wheeler: Bob Hough:Val Daigle: Don Dalton_ Bill Beve: Shawn Sherman: Clayton McCormick: Pat Catenzero: Diane West: Mike Gallenstein_ Steve Lozano: Jeff Wertz: Becca Gulden_Robyn Sellers: Jonathan Walker:Robin Friehling: Shawn Sundwall; Maritza Gardner: Lindsay Poyserr Michael McCallisterr Dale Dranev_Brian Henszel: Joseph Minor: and James Ferguson C. Commenting: Giancarlo Ganddini d. Written testimony: See public record C. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Traffic generated from the proposed use and on the adjacent roadways. b. Access to the shared driveway between the proposed development and the Olivia Apartments. C. Hours of operation d. Lights,trash, loitering and noise from the development. e. Analysis in the focused traffic study f Impact on property values g= Safety of the kids playing at the surrounding parks crossing the street to the proposed use and additional traffic generated from the proposed use. 3. Key issue(s)of discussion by Commission. a. Hours of operation b. Focused traffic study findings C. Proximity of the proposed use to the multi-family development 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard the Applicant's request for City Council review(CR-2025- 0002)of the Commission's decision on the CUP on September 9, 2025. At the public hearing.the Council moved to deny the subject City Council Review request. 1. Summary of the City Council public hearing: a. In favor: Cassie Ruiz. In-N-Out Burger: Giancarlo Ganddjni_ Sean Sunwall Tom Wilkerson_Mark Vickery_ Conrad Brinker:Paul McLaughlin_ Steve Barbie:Walt Gasser b. In opposition: Steve Elliott representing Bainbridge HOA: Bill Beve: Brian Haenszel- Steve Lozano: Elwood Cleaver: Brick Oliver(Cadence HOA)_ Jonathan Walker- Clayton McCormick: Derek Bender:Nancy Meyer: Dianne Hough:Pat Catanzaro- Adrienne Weatherlev_ Andi McGuire C. Commenting: Robin Sellers, Economic Development Coordinator for City of Nampa Justin Lucas,ACHD: Diane Dwyer d. Written testimony: Many letters of testimony have been received that are included in the public record C. Staff presenting application: Sonya Allen f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Opposed to this location for In-N-Out Burger due to existing traffic congestion in this area from Costco and several other drive-through and businesses in the development impact to adjacent residential uses and safety concerns of children in the area: b. In favor of the proposed use and request for the CUP to be approved- C. Would like the In-N-Out Burger to be closer to his residence so he doesn't have to bicycle far for safety reasons; City of Meridian I Department Report VI. Action d. Belief that the north/south driveway along the project's west boundary can't handle any more traffic and safety concerns for bicycles- C. Concern due to vehicles idling while waiting for service' f. Safety concerns due to increased traffic in an already busy area. opinion this isn't the right location for In-N-Out_ g= Impact of business operations at the location in Nampa h. Impact of the proposed use on traffic on Lost Rapids Dr. i. Light pollution, safety issues,traffic, children's safety traveling to and playing at the nearby park, against proposed location j. Comments on the Applicant's queue analysis and reference to the Idaho Supreme Court Case 451027 Veterans Park Neighborhood Assoc. Inc.vs. City of Boise and Interfaith Sanctuary Housing Services. Inc. k. In favor of the proposed use due to the desire for more fast food options in this area:the proposed use will create much less traffic than Costco does: 1. In-N-Out is a good community partner and should be supported- m. What is the City prepared to do to remedy issues if this is approved? n. Opinion the proposed use is appropriate in this development. o. Opinion the proposed use is too close to adjacent residential uses: p. Existing traffic congestion within the development,which will ereatly increase with the proposed use, and traffic impact to the adjacent residential neighborhood and associated safety concerns: 3. Key issue(s)of discussion by City Council: a. Concern pertaining to vehicles stackjng across the southern access driveway and measures that could be taken to prevent that:preference for the northern access driveway to be ri&ht-out only for vehicles exiting the drive-throu h- b. Timeframe in which other locations were self-contained after opening and didn't encroach on adjacent properties: C. The use is too intense next to residential uses and will have a negative impact on existing residences; d. Opinion the size of the lot can't accommodate the proposed use- C. Opinion the findings listed in UDC 11-5B-6E for a CUP have not been met—based on testimony from the Applicant. Staff and from the public,the proposed use constitutes a more intensive use during peak times than a typical drive-through restaurant with an average of 2.400 daily vehicle trips per day. It has an unusually high trip generation extraordinary stacking needs and a regional draw that demonstrates an intensity of use that's incompatible with the proximity of existing adjacent residential uses:this use would be more suitable in another location- £ Opinion the size of the property is too small to accommodate the use due to the demand of this successful restaurant: the use will have a negative impact on the adjacent residential uses to the west: concerns about the noise, air quality and transportation impacts in this area: concern the 2017 Traffic Impact Study doesn't reflect current conditions—a lot has changed since that time:the proposed use would negatively impact other properties in the vicinity- i Concern pertaining to the large volume of traffic that will be accessing the site via a private drive,which isn't a fully built out street,and the opinion the proposed use is too intense next to a residential district. h. Not in favor of the proposed location due to incompatibility with existing residences and traffic impact to Lost Rapids Dr.- i. Opinion the proposed use and development plan meets the required findings to Brant a CUP and that if the proposed drive-through isn't eranted,no drive-through should go here. 4. City Council change(s)to Commission recommendation. City of Meridian I Department Report VI. Action a. None City of Meridian I Department Report VI. Action VII. EXHIBITS A. Project Area Maps (link to Note for clarification: The notice of public hearing included "extended"business hours of operation as the use was believed to abut a residential use and zoning district, which would have limited hours from 6:00 am to 11:00 pm per UDC 11-2B-3B; however, upon closer examination,prior to issuance of the staff report, Staff found the proposed use is actually separated from the residential use/zoning by a 20 foot wide strip of commercially zoned land. Therefore, business hours are not expressly limited by the UDC although they may be limited through the Conditional Use Permit as a condition of approval for compatibility with adjacent uses. The staff report clarified this matter in Section 111.C below and Staff also clarified it verbally at the public hearing.Any references in the staff report to "extended"business hours of operation should be disregarded. Project Overview) 1. Aerial M Legend Project Locations„ 0 Area of Impact Analysis yea 4'.40 #l�1' « a.»:.:.. 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Service Accessibility Report PARCEL R5330761510 SERVICE ACCESSIBILITY Overall Score: 28 27th Percentile Criteria Description Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel Floodplain Either not within the 100 yr floodplain or 3 2 acres Emergency Services Fire Response time < 5 min. Emergency Services Police Not enough data to report average response time Pathways Within 1/4 mile of current pathways GREEN r Transit Not within 1/4 of current or future transit route RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master street= GREEN plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walking GREEN Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Either a Regional Park within 1 mile OR a Community Park Walkability Park within 1/2 mile OR a Neighborhood Park within EN 1/4 mile walking 6 Report generated on 03-31-2025 by MERIDIAMsal en City of Meridian I Department Report VIL Exhibits C. 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Building Elevations(date: 9/18/2024) QI NV1QN3W (G'd 31IW N31 N 18 (W9 N3aNIHD M OMS) w",, O.� ss SNOIldn313 AdVNIWP3Nd p _ cd ° Igo �___________ Nil I k is s e n a k i y !•Fed m i m Gag 3 I 1 Hill 6 a x��000 00o OOO �� 6@: m3sai3:b " rr II ill\ `.I hp N , Ell � I fEl -�` f I I j fsl �l Lmj TI IIElii II 3l "I®r lel o- 0 w Z/ liflim -- 1I ill I it o Z I o00 �o II J§ I w§ Ell al &da, LL_J w y., � I e LL 3I s Iml I a;I 3 e@ City of Meridian Department Report VIL Exhibits DWI s al NVI(IId3W (Od 31IW N31 N Q CWS N3GNIHJ M OMS) OZ% gg SNOUVA113 Al IVNIW1332ld __ p _ " Jill, lot 11MI a 3 € � � I I I E ® I I Eli I N I� 110111U a i I Its w �yye q 3 c ® gi ig¢ ii a 3�3� 1Wig 1. i go ?4 0 1 11101 Rig N 1i6 ? 4� l�ME $ f w � 11 ll'111�AM ',1F1e y00000 000 0®0 00 00o©o©�v�lg; I�a;lsl�:l� IT j11 II I 4 tt I I II LL i i o I ii I w A I ` ZO it p s I Zo — ii Z i I II I ii _— - 4.:: sl ii II U ii iw r ii _JJ I • w; Nw .� Z% rr II III IIEl l 61 - ---- wl - - a '�4.1 ------------ 3 _ City of Meridian Department Report VIL Exhibits COMMUNITY DEVELOPMENT C Y L E IDIAlr , DEPARTMENT REPORT HEARING 4/17/2025 0 Legend DATE: Project Location TO: Planning&Zoning Commission :Area of Impact J += City Limits - r FROM: Sonya Allen,Associate Planner O Analysis 208-884-5533 sallen@meridiancity.org PON APPLICANT: Todd Smith,In-N-Out Burger � �@ -E T 11"1 i SUBJECT: H-2024-0058 ITE u �' ® In „' �E -N-Out Burger at Ten Mile LOCATION: 5985 N. Ten Mile Rd., in the NE '/4 of t� 1 Section 27,TAN.,R1 W. FF I, PROJECT OVERVIEW A. Summary Conditional use permit for a drive-through establishment in the C-G zoning district within 300 feet of another drive-through facility, existing residences and a residential district. The request includes extended business hours of operation beyond the 6:00 am to 11:00 pm limit,with hours from 6:00 am to 1:00 am Sunday through Thursday, and 6:00 am to 1:30 am Friday and Saturday. B. Recommendation Staff. Denial C. Decision Commission: Pending Ii. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant/undeveloped - Proposed Land Use(s) Restaurant/drive-through establishment - Existing Zoning C-G(General Retail and Service Commercial District) VII.A.2 Proposed Zoning NA Adopted FLUM Designation Commercial VII.A.3 Proposed FLUM Designation NA Table 2: Process Facts Description Details Preapplication Meeting date 10/7/2024 Neighborhood Meeting 7/15/2024 Site posting date 4/7/2025 City of Meridian I Department Report 1. Project Overview Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District Error! Reference source not found. • Comments Received Yes - • Commission Action Required No - • Access Driveway access to a private drive aisle along the west side of the site that connects to W.Lost Rapids Dr. ITD Comments Received Yes Note: See section IV. City/Agency Comments&Conditions for comments received or see public record: https://weblink.meridianci �.org1WebLink/browse.aspx?id=367313&dbid=0&repo=MeridianQU III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview This property is designated Commercial on the Future Land Use Map(FLUM) in the Comprehensive Plan. It's located within the commercial area where Costco is located,which includes several smaller commercial pads around the perimeter of the development fronting on W. Chinden Blvd. and N. Ten Mile Rd. Multi-family apartments exist directly to the west of the site (south of Costco)across a 35-foot-wide driveway that provides access to the overall development via Lost Rapids Dr., a collector street between W. Chinden Blvd. and N. Ten Mile Rd. Table 4: Pro aect Overview Description Details History H-2018-0004(AZ,PP,CPAM,VAR—DA Inst.2018-079970),FP-2019- 0056 Acreage 2.22 acres B. History In 2018, the subject property was annexed as part of a larger development area consisting of residential and commercial property zoned R-40 and C-G and included in a preliminary plat.A development agreement was required as a provision of annexation,which governs future development of the property. The property was later included in a final plat as Lots 14& 15, Block 1,Lost Rapids Subdivision. C. Site Development and Use Analysis (Staff comments in italics) 1. Proposed Use Analysis (UDC 11-2): The proposed use aligns with the Commercial FLUM designation in the Comprehensive Plan. A restaurant is a principal permitted use in the C-G district,but a drive-through establishment requires approval of a conditional use permit(CUP)when the property is within 300 feet of another drive-through facility, a residential district, or an existing residence in accord with UDC Table 11-213-3. In this case,the property is within 300 feet of another drive-through facility directly to the north(i.e. Cafe Rio), and existing residences and a residential district directly to the west(i.e. Olivia Apartments&Townhomes,zoned R-40). Single-family residential uses and zoning also exist to the east across N. Ten Mile Rd. but are separated from the site by a 5-lane arterial street. City of Meridian I Department Report III. Staff Analysis The C-G zoning district limits business hours of operation from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours may be requested through a CUP. Technically,this site does not directly abut a residential use or district—there is a 20' wide strip of land between this site and the adjacent residential development and R-40 zoning district owned by Costco,zoned C-G. Although hours of operation wouldn't be restricted by the UDC in this instance per se,hours may still be limited through the CUP. The Applicant proposes business hours of operation until 1:00 am Sunday through Thursday, and 1:30 am Friday and Saturday. Although business hours are allowed to start at 6:00 am, the Applicant states the business won't open until 10:30 am. Deliveries are proposed to occur between the hours of 2:00 am and 9:00 am during non-business hours. The Applicant states trucks do not have to back up to deliver,which will avoid any back-up warning beeping. Note: When Costco was approved, deliveries were not allowed to occur between the hours of 10:00 pm and 5:00 am to minimize noise impacts to adjacent residential neighbors. Because this site is in such close proximity to residential uses to the west, Staff does not recommend approval of extended hours of operation beyond those allowed in the district,in accord with Comprehensive Plan Policy#5.01.O1F below. "Minimize noise, lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code."(Comprehensive Plan Policy#5.01.0IF) If the CUP is approved,the Commission should specify allowed hours of operation and if deliveries are allowed after-hours as proposed. 2. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with these standards. 3. Specific Use Standards (UDC 11-4-3): Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. All establishments providing drive-through service are required to identify the stacking lane, menu and speaker location(if applicable), and window location on the site plan. The proposed site plan depicts stacking lanes and service locations as required. Only one (1) menu board and speaker is proposed; two (2) umbrella stands are proposed for weather protection for employees to take orders remotely farther down the drive-through lane. The site plan is required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. Sidewalks exist within the street buffers along Lost Rapids Dr. and N. Ten Mile Rd.A pedestrian walkway is proposed from the perimeter sidewalk along Ten Mile to the main building entrance in accord with UDC 11-3A-19B.4; another walkway is proposed from the building entrance to the north. If approved, Staff recommends a minimum S'wide sidewalk is provided along the west side of the site alongside the north/south drive aisle for pedestrian safety. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons; The site plan indicates capacity for 29 vehicles within the proposed stacking lanes. While this would typically be sufficient, Staff is concerned it may not be sufficient for this constrained site. These concerns are informed by ongoing traffic issues in the area and operational challenges observed at the In-N-Out at The Village at Meridian. There, during the extended City of Meridian I Department Report III. Staff Analysis period following its opening—and potentially still during peak times—vehicle queues exceeded site boundaries, spilling into internal drive aisles that serve parking for the broader development. In that case, the impact was mitigated by lower parking demand due to the area not being fully built out, and the absence of overflow onto a public right-of-way. Since its opening a year and a half ago, activity at that location has decreased, resulting in reduced stacking and impact on adjacent properties. While the addition of a second location may help distribute customer traffic, the proposed site presents greater risk due to its proximity to residential uses,public right-of-way and other high-traffic commercial uses. Vehicle queues may obstruct key internal drive aisles used for on-site parking, the access driveway off Lost Rapids, and potentially the adjacent public right-of-way(Lost Rapids Dr), compounding existing circulation and safety concerns. Many letters of opposition have been received from area residents and patrons of adjacent commercial uses attesting to the traffic and congestion issues in this area and concerns the proposed use will only exacerbate these issues. 2) The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. Approximately 400 feet of the stacking lane is a separate lane from the circulation lanes needed for access and parking; however; Staff is concerned stacking will extend from this area and block circulation lanes needed for access and parking internal and external to the site during peak hours. If approved,parking spaces nearest the stacking lane along the west boundary of the site should be designated for employee parking only. 3) The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. The nearest apartment building is approximately 80 feet from the stacking lane. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and The first 170+/-feet of the drive-through has a double stacking lane, which transitions to a single stacking lane with an escape lane for the last 230+/-feet up to the pick-up window, meeting this requirement. 5) The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The two (2)pay windows are located along and are visible from N. Ten Mile Rd.for surveillance purposes. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. The site is separated from the multi family development to the west by a 2-way drive aisle so this requirement is not applicable. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11- 4-3-49 for restaurants, as follows: Parking: At a minimum, one(1)parking space shall be provided for every two hundred fifty(250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies City of Meridian I Department Report III. Staff Analysis with the requirements of this title. Based on 3,886 square feet of gross floor area for the proposed restaurant, a minimum of 16 vehicle parking spaces are required; a total of 73 spaces are proposed, which meets and exceeds the minimum standard. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): "Require appropriate landscaping, buffers, and noise mitigation with new development along transportation corridors (setback, vegetation, low walls, berms, etc)." (Comprehensive Plan policy#3.07.01 C) i. Landscape buffers along streets Street buffers are required to be provided with development per UDC Table 11-2B-3 based on the street classification with landscaping per the standards in UDC 11-3B-7C. A 35 foot wide street buffer was installed on this site along N. Ten Mile Road, an arterial road and entryway corridor, and a 20 foot wide street buffer was installed along W. Lost Rapids Dr., a collector street, with the subdivision improvements as required. Additional buffer width is proposed with development of the site ranging from 7 to I feet along N. Ten Mile Rd. and 22 feet along W. Lost Rapids Dr. with additional landscaping. ii. Parking lot landscaping Perimeter and internal parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8. Planter islands are required to be placed at the ends of rows of parking to delineate and guide traffic movement within the parking area,prevent cross space driving, and to reduce the visual impact of long rows of parked cars.If approved,planter islands should be added at the ends of rows of parking that abut the southern driveway for the site. iii. Landscape buffers to adjoining uses Landscaping within buffers to residential and/or non-industrial uses is required to comply with the standards of UDC 11-3B-9C.No residential uses adjoin the site (the residential apartments to the west are separated from this site by a driveway); therefore, a landscape buffer is not required. iv. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. v. Pathway landscaping Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C.No pathways are proposed or required within the site. 2. Parking (UDC 11-3C): i. Nonresidential parking analysis As noted above, a minimum of one(1)off-street parking space is required per 250 square feet of gross floor area for the proposed restaurant.Based on the 3,886 square foot building, a minimum of 16 spaces are required.A total of 73 parking spaces are proposed, exceeding the minimum standard by 57 spaces. ii. Bicycle parking analysis A minimum of one(1)bicycle parking space is required for every 25 vehicle spaces or portion thereof per UDC I 1-3C-6G; bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Based on the proposed City of Meridian I Department Report III. Staff Analysis number of vehicle spaces (i.e. 73), a minimum of three (3) bicycle spaces should be provided. A total offour(4)spaces are proposed, which meets and exceeds the minimum standard. 3. Structure and Site Design(11-3A-19) Architectural character: Buildings are required to be designed in accord with the City of Meridian Architectural Standards Manual(ASM). The conceptual building elevations included in Section VILE appear to comply with these standards;final design is required to comply with the non-residential design standards in the ASM. Site design: Extend or improve streets, drive aisles, cross access easements or similar vehicular and pedestrian connections provided from adjacent properties.No cross-access easements or driveways exist to this site from the adjacent property to the north. A 5-foot wide sidewalk exists along the west side of the lot to the north adjacent to the north/south drive aisle from W. Lost Rapids Dr. If approved, Staff recommends a sidewalk is also provided on this site along the north/south drive aisle for pedestrian safety and access to/from the north and from the sidewalk along W. Lost Rapids Dr. For lots with frontage on a public street, a minimum of 30%of the buildable frontage of the property shall be occupied by building facades and/or public space. The proposed site design meets this requirement along N. Ten Mile Rd. with only a drive-through lane between the building facade and the public street but does not meet the requirement along W. Lost Rapids Dr. Parking lots: For properties greater than two (2) acres in size,no more than 50%of the total off-street parking area for the site shall be located between building facades and abutting streets. The proposed site design meets this requirement along Ten Mile but does not along Lost Rapids. Pedestrian walkways: A continuous internal pedestrian walkway that is a minimum of five(5) feet in width is required from the perimeter sidewalk to the main building entrance(s)for non- residential uses. The walkway should be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks and have weather protection (including,but not limited to, an awning or arcade)within 20 feet of the all customer entrances.A pedestrian walkway is proposed from the perimeter sidewalk along N. Ten Mile Rd. and along the northern boundary of the site to the main building entrance. If approved, the pedestrian walkway along the northern boundary should connect to the sidewalk required along the western boundary of the site;and all walkways that cross vehicular driving surfaces should be distinguished as noted above. "Consider needed sidewalk,pathway, landscaping, and lighting improvements with all land use decisions." (Comprehensive Plan policy#6.01.02D) E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Comprehensive Plan Policy 6.01.02E focuses on minimizing access points to arterial streets by implementing strategies like cross-access agreements, access management, and developing frontage and backage roads, while enhancing connectivity between local and collector streets. Access for the site is proposed via two(2)full-access driveways from the north/south drive aisle that exists along the west side of the site,which connects to W. Lost Rapids Dr. Direct access via N. Ten Mile Rd. is not proposed or allowed. This is in accord with the above noted Comprehensive Plan policy. City of Meridian I Department Report III. Staff Analysis The Applicant submitted a traffic analysis focused on the Ten Mile&Lost Rapids area, included in the public record. In short,the analysis states the proposed queuing capacity for 29 vehicles will provide sufficient storage capacity to accommodate vehicles observed at 18 other In-N-Out establishments once operations normalize. An overflow management plan is identified,which will be implemented when drive-through lane overflow occurs and will extend the available queuing area by an additional 21 vehicles to accommodate approximately 50 vehicles on-site. The plan extends the queuing area by closing the southern access point and re-purposing 14 parking spaces along the site's western boundary. This modification limits access to a single entry and exit driveway at the northwest corner of the site. While Staff doesn't necessarily disagree that the proposal should be adequate once operations normalize, Staff is concerned about the impacts to internal drives and adjacent public right-of-way and associated public safety in the interim if vehicles stack beyond the boundary of the site. ACHD has indicated that no additional improvements are required to the adjacent streets. 2. Sidewalks and Parkways (UDC 11-3A-17): Sidewalks and parkways are required to comply with the standards listed in UDC 11-3A-17. Detached 5-foot wide sidewalks exist along N. Ten Mile Rd. and W. Lost Rapids Dr abutting the site. No parkways are proposed or required. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided as set forth in UDC 11- 3A-15. 2. Storm Drainage (UDC I1-3A-18): Storm drainage is required to comply with the standards listed in UDC 11-3A-18. 3. Utilities (Comp Plan, UDC 11-3A-21): All utilities shall be installed at or below grade in accord with the City's adopted standards, specifications and ordinances.All development shall be connected to the City of Meridian water and sewer systems,unless otherwise approved by the City Engineer. Service stubs were provided to this property with development of the subdivision. Comprehensive Plan Policy#3.03.03G requires that urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, and water and sewer utilities. Additionally, all utilities for the proposed development must be installed in accordance with the standards specified in UDC 11-3A-21. "Support infill development that does not negatively impact the abutting, existing development." (Comprehensive Plan policy#2.02.02C)—Based on the above analysis and the public testimony received, Staff believes the proposed development will have a negative impact on adjacent residential properties. Concerns include deteriorating air quality from vehicle exhaust while cars idle in line for service, and noise generated outside acceptable hours for areas next to residential uses. Additionally, the proposed development will most certainly increase traffic and congestion in an area that is already strained, further exacerbating existing transportation challenges. As of the date of this report, 146 letters of public testimony, mostly in opposition to the project, have been received and are included in the public record. City of Meridian I Department Report III. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division Staff is not recommending approval of the proposed conditional use permit; therefore, conditions of approval are not included. If the Commission wishes to approve the request, the project should be continued to a subsequent hearing date for Staff to prepare conditions of approval for consideration by the Commission. Other agency comments may be accessed in the project file in the public record. Copy and paste the following link into your browser: https:llweblink.meridianciU.orglWebLink/Browse.aspx?id=367313&dbid=0&repo=MeridianCiV V. FINDINGS A. Conditional Use(UDC 11-513-6E) The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Stafffinds the site is not large enough to accommodate the proposed use and comply with the specific use standards listed in UDC 11-4-3-11, which require stacking lanes to have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of- way by patrons,per the analysis above in Section III. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Stafffinds the proposed infill development will not be harmonious with the Comprehensive Plan in that the proposed use and extended hours of operation will negatively impact abutting existing residential development, area residents that live nearby traveling on Lost Rapids and patrons of other commercial uses in the area due to excessive noise, traffic and congestion. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the design and operation of the proposed use will not be compatible with other residential and commercial uses in the general neighborhood, due to noise, air quality and transportation impacts, which are already challenging in this area and will be exacerbated with the proposed use as discussed above in Section III, which will adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff recommends denial of the proposed use as Stafffinds the proposed use will adversely affect other properties in the vicinity. Stafffinds it is not practicable to develop conditions of approval to adequately mitigate these adverse effects absent fundamental changes to the proposed use. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures, refuse disposal,water,and sewer. Stafffinds the proposed use can be served adequately by essential public facilities and services as required. City of Meridian I Department Report IV. City/Agency Comments & Conditions 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Stafffinds the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Staff finds the proposed use will be detrimental to persons,property and the general welfare due to excessive production of exhaust fumes from vehicles idling in line for extended periods of time, noise, traffic and congestion based on the analysis above in Section III and letters of testimony received from the public included in the public record. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. 11. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. VI. ACTION A. Staff: Staff recommends denial of the proposed Conditional Use Permit as discussed above in Section IIl,per the Findings in Section V. B. Commission: Pending City of Meridian I Department Report VI. 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Service Accessibility Report PARCEL R5330761510 SERVICE ACCESSIBILITY Overall Scare: 28 27th Percentile Location In City Limits Extension Sewer Trunkshed mains < 500 ft. from parcel Floodplain Either not within the 100 yrflaodplain or > 2 acres Emergency Services Fire Response time < 5 min. Emergency Services Police Not enough data to report average response time LIRED mm Pathways Within 1/4 mile of current pathways [GREEN Transit Not within 1/4 of current or future transit route I RED T Ultimate configuration (#of lanes in master streets ,arterial Road Buildout Status s GREEN plan) matches existing (# of lane School Walking Proximity Within 112 mile walking GREEN Either a High School or College within 2 miles OR a M School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Either a Regional Park within 1 mile OR a Community ParkWalkability Park within 112 mile OR a Neighborhood Parkwithin GREEN 1/4 mile walking Reps-+generated on 03-31-202z by h4ERIDIA%sallen City of Meridian I Department Report VII. Exhibits C. Site Plan(date: 12/19/2024) b e „. E 4 Ong? 6 3 s B 5 gg 6 v d G 8a Eck Z !!Rimxa € 3 511 n"ass W 9 m ',��, 11 � g € o N W € §€k o o sgi ' a 9a a s - n�s' s a'€S "' �.W to §€ A 8 O m i t 3 5§§c� d 5 ab @ . till a„ $ W s>wd g F a 5 a 5s s 4 as{ + ak y 9��# see� � �kA g"$ 5 a €3 Ig �' aaas s'� a ass d�''k $' HK Igo1s1 1 m a�€; �1� s �" r�,sa� bua 1°1 - �ga igl��0,5 p:p p:p p;p p�p:pp:p p�p:pp:p;p4i z 8@ 49 a m@ i € S 5 S S S S E d S 8 ❑ �a� $�§a� y�y �Rill° °�5 3�§ � s �4 z F s�� Ski`ce3�� ��� s �� s* ¢ 11,e€��s��1111a ill1G{'a11 - �4�ff€� ��$i� � ��� �&� z�a8�4 y�- ��o !� .. w $e;, z g' aF a � I$1 1 f 5 1 s e ec 1F��.�a �-?�S sge€a 4��oil g�� �a s C7_ W� q g s �W m� iw poa 0 p a3N1S"31191d) avow E-11A N31 N I:t - I Z�a „ ............. — E� _ LIE �w- I —FI n , a e mom \€ 4 8 "a P £� g 1 _ o�a or•. - w i .�¢W'° x i { i Z/ City of Meridian Department Report VII. Exhibits A Landscape Plan (date: 2/21/2025) SO- 1. k U I III II IIIII I k & �� fL s I1J En ❑Z o Lu. WJ �_ m~� + Fz� Daz Zao yew E�.. ik ----;� 061 o — ga L � ,6 0 p Atli- z , ' oil m�a ©m City of Meridian I Department Report VII. Exhibits � � r $ $ $ z �+ � CL c z �q. H 0 E7- LLI e � a ¢ g F.n. l W oz ji cc W� jlS; a gg i gg 3€€�g���g ~?"� HE P 5 avoa i I H _$ �3111N N3L N o � . .err-�r,.�.., ._ ".. I � .j'.•i w tl ��t hV k 33a e eCm:wD � ei I k f -Oc TO City of Meridian Department Report VII. Exhibits E. Building Elevations(date: 9/18/2024) �W - 01 NVKmj3w d w— Os, 20 SNOI LVAIIA Al JVNINIIA2Jd ;O W gg £ 5 — g RINI, I N , 11111 OIDW Jim a g sy�w y l Ui HP 4 4z x e$s ON-Hi3 HN Y00000 121LIE 0©0 - ;..r_________ El i ---------I-- �� ICI I lal i � I i � I Ial III III I '. .sl II � I ` ' Ti t—r 3 n. Ian El I� II I RI �. al F— '$ y_ Zo El wi 7 wa — � I y i II I I I �w 5w -el � lal LL ZO I � lal I I II^ I } a I I $ wk I.I I B i Iml I I� II i I fdl I II �; n� s• e� City of Meridian Department Report VII. Exhibits QI `NVIa1213W (Cj2 3jIW N±L N '8 W O.` SNQ1 VA113 A2JVNIAHI3 Jd ;p _ IMF s $ dl Ali NMI E A i G � j a Ipill x00000 000 000 00 0o®o®®ws61r; II7;1�1 iKi lu I• ILL ja 4 I ^�I u— I I J I i Iwl i I I �• I i ICI I ii jj -- 1���II I• " f�l I �.. Ir��j r —— 1 ,I'., 71- 6 II 17 O Hi ii TIF zO z iui O sl Z/ — ii _Z �� i� II ,,,� • Isl I d o ICI IT •�I � I ' � b I � I ry l I II I ' a II I • I I � II I I li L ---I I s= -a u - a� City of Meridian Department Report VII. Exhibits CITY OF MERIDIAN f IDIAI`�:=-- FINDINGS OF FACT, CONCLUSIONS OF LAW C AND A F! DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment in the C-G Zoning District within 300 Feet of Another Drive-Through Facility,Existing Residences,and a Residential District with Business Hours of Operation from 10:30 AM until 1:00 AM Sunday Through Thursday and From 10:30 AM until 1:30 AM Friday and Saturday,Located at 5985& 6037 N.Ten Mile Rd.,by In-N-Out Burger. Case No(s).H-2024-0058 For the Planning& Zoning Commission Hearing Date of: April 3 and 17,2025 (Findings on May 15,2025) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 17,2025,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17,2025, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17,2025,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(LC. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 1 I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19, 2011,Resolution No. 11-784 and Maps. 3. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. 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. 5. That the City has granted an order of denial in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0058 IN-N-OUT BURGER AT TEN MILE Page I [74] upon the applicant,the Planning Division of the Community Development Department,the Public Works Department and any affected party requesting notice. C. Decision and Order Pursuant to the Planning &Zoning Commission's authority as provided in Meridian City Code § 1I- 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 Conditional Use Permit is hereby denied as presented during the hearing on April 17,2025,for the following reasons:The hours of operation are not compatible with the residential area to the west and there are substantial traffic concerns, including traffic conflicts,that will have a negative impact on the north-south private drive aisle that serves the surrounding commercial area. F. 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. G. 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 17,2025 "Exhibit A" CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0058 IN-N-OUT BURGER AT TEN MILE Page 2 [75] By action of the Planning&Zoning Commission at its regular meeting held on the 15th day of May ,2025. COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED COMMISSIONER BRIAN GARRETT (ABSENT) VOTED COMMISSIONER JESSICA PERREAULT VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER SAM RUST VOTED COMMISSIONER(VACANT) VOTED Maria Lorcher, Chairman 5-15-2025 Attest: Chris Johnson, City Clerk 5-15-2025 Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 5-15-2025 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0058 IN-N-OUT BURGER AT TEN MILE Page 3 [76] EXHIBIT A COMMUNITY DEVELOPMENT C��fEFIDIAN�_ DEPARTMENT REPORT HEARING 4/17/2025 Legend DATE: (Continued from: 4/3/2025) Project Location Area of Impact I �I TO: Planning&Zoning Commission City Limits T QAnalysis Y FROM: Sonya Allen,Associate Planner 208-884-5533 �~ --- - �n sallen@meridiancity.org APPLICANT: Todd Smith, In-N-Out Burger , �-• J °t r SUBJECT: H-2024-0058 In-N-Out Burger at Ten Mile '�` A � LOCATION: 5985 &6037 N. Ten Mile Rd., in the NE - L 1/4 of Section 27, TAN.,R1W. � I Note for clarification: The notice of public hearing included "extended"business hours of operation as the use was believed to abut a residential use and zoning district, which would have limited hours from 6:00 am to 11:00 pm per UDC 11-2B-3B; however, upon closer examination,prior to issuance of the staff report, Staff found the proposed use is actually separated from the residential use/zoning by a 20 foot wide strip of commercially zoned land. Therefore, business hours are not expressly limited by the UDC although they may be limited through the Conditional Use Permit as a condition of approval for compatibility with adjacent uses. The staff report clarified this matter in Section III.C below and Staff also clarified it verbally at the public hearing. Any references in the staff report to "extended"business hours of operation should be disregarded. I. PROJECT OVERVIEW A. Summary Conditional use permit for a drive-through establishment in the C-G zoning district within 300 feet of another drive-through facility, existing residences and a residential district. The request includes extended business hours of operation beyond the 6:00 am to 11:00 pm limit,with hours from 6:00 am to 1:00 am Sunday through Thursday, and 6:00 am to 1:30 am Friday and Saturday. B. Recommendation Staff: Denial C. Decision Commission: Denial IL COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant/undeveloped I - Proposed Land Use(s) Restaurant/drive-through establishment - City of Meridian I Department Report Description Details Map Ref. Existing Zoning C-G(General Retail and Service Commercial District) VII.A.2 Proposed Zoning NA Adopted FLUM Designation Commercial VII.A.3 Proposed FLUM Designation NA Table 2: Process Facts Description Details Preapplication Meeting date 10/7/2024 Neighborhood Meeting 7/15/2024 Site posting date 4/7/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District No mitigation required by ACHD • Comments Received Yes - • Commission Action Required No - • Access Driveway access to a private drive aisle along the west side of the site that connects to W.Lost Rapids Dr. ITD Comments Received Yes Note: See section IV. City/Agency Comments &Conditions for comments received or see public record: https:llweblink.meridiancity.org/WebLink/browse.aspx?id=367313&dbid=0&redo=MeridianCitX III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview This property is designated Commercial on the Future Land Use Map(FLUM)in the Comprehensive Plan. It's located within the commercial area where Costco is located,which includes several smaller commercial pads around the perimeter of the development fronting on W. Chinden Blvd. and N. Ten Mile Rd. Multi-family apartments exist directly to the west of the site (south of Costco)across a 35-foot-wide driveway that provides access to the overall development via Lost Rapids Dr., a collector street between W. Chinden Blvd. and N. Ten Mile Rd. Table 4: Proiect Overview Description Details History H-2018-0004(AZ,PP,CPAM,VAR—DA Inst.2018-079970),FP-2019- 0056 Acreage 2.22 acres B. History In 2018,the subject property was annexed as part of a larger development area consisting of residential and commercial property zoned R-40 and C-G and included in a preliminary plat. A development agreement was required as a provision of annexation,which governs future development of the property. The property was later included in a final plat as Lots 14& 15, Block 1, Lost Rapids Subdivision. City of Meridian I Department Report III. Staff Analysis [78] C. Site Development and Use Analysis (Staff comments in italics) 1. Proposed Use Analysis (UDC 11-2): The proposed use aligns with the Commercial FLUM designation in the Comprehensive Plan. A restaurant is a principal permitted use in the C-G district,but a drive-through establishment requires approval of a conditional use permit(CUP)when the property is within 300 feet of another drive-through facility, a residential district, or an existing residence in accord with UDC Table 11-213-3. In this case,the property is within 300 feet of another drive-through facility directly to the north(i.e. Cafe Rio), and existing residences and a residential district directly to the west(i.e. Olivia Apartments&Townhomes,zoned R-40). Single-family residential uses and zoning also exist to the east across N. Ten Mile Rd.but are separated from the site by a 5-lane arterial street. The C-G zoning district limits business hours of operation from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours may be requested through a CUP. Technically,this site does not directly abut a residential use or district—there is a 20' wide strip of land between this site and the adjacent residential development and R-40 zoning district owned by Costco, zoned C-G.Although hours of operation wouldn't be restricted by the UDC in this instance per se,hours may still be limited through the CUP. The Applicant proposes business hours of operation until 1:00 am Sunday through Thursday, and 1:30 am Friday and Saturday. Although business hours are allowed to start at 6:00 am, the Applicant states the business won't open until 10:30 am. Deliveries are proposed to occur between the hours of 2:00 am and 9:00 am during non-business hours. The Applicant states trucks do not have to back up to deliver,which will avoid any back-up warning beeping. Note: When Costco was approved, deliveries were not allowed to occur between the hours of 10:00 pm and S:00 am to minimize noise impacts to adjacent residential neighbors. Because this site is in such close proximity to residential uses to the west, Staff does not recommend approval of extended hours of operation beyond those allowed in the district, in accord with Comprehensive Plan Policy#5.01.0IF below. "Minimize noise, lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code." (Comprehensive Plan Policy#5.01.01F) If the CUP is approved,the Commission should specify allowed hours of operation and if deliveries are allowed after-hours as proposed. 2. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G district in UDC Table 11-213-3. Staff has reviewed the proposed plans and building elevations and they comply with these standards. 3. Specific Use Standards (UDC 11-4-3): Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. All establishments providing drive-through service are required to identify the stacking lane, menu and speaker location(if applicable), and window location on the site plan. The proposed site plan depicts stacking lanes and service locations as required. Only one (1) menu board and speaker is proposed; two (2) umbrella stands are proposed for weather protection for employees to take orders remotely farther down the drive-through lane. The site plan is required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties.Sidewalks exist within the street buffers along Lost Rapids Dr. and N. Ten Mile Rd. A pedestrian walkway is proposed from the perimeter City of Meridian I Department Report III. Staff Analysis 79 sidewalk along Ten Mile to the main building entrance in accord with UDC 11-3A-19B.4; another walkway is proposed from the building entrance to the north. If approved, Staff recommends a minimum 5'wide sidewalk is provided along the west side of the site alongside the north/south drive aisle for pedestrian safety. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons; The site plan indicates capacity for 29 vehicles within the proposed stacking lanes. While this would typically be sufficient, Staff is concerned it may not be sufficient for this constrained site. These concerns are informed by ongoing traffic issues in the area and operational challenges observed at the In-N-Out at The Village at Meridian. There, during the extended period following its opening—and potentially still during peak times—vehicle queues exceeded site boundaries, spilling into internal drive aisles that serve parking for the broader development. In that case, the impact was mitigated by lower parking demand due to the area not being fully built out, and the absence of overflow onto a public right-of-way. Since its opening a year and a half ago, activity at that location has decreased, resulting in reduced stacking and impact on adjacent properties. While the addition of a second location may help distribute customer traffic, the proposed site presents greater risk due to its proximity to residential uses,public right-of-way and other high-traffic commercial uses. Vehicle queues may obstruct key internal drive aisles used for on-site parking, the access driveway off Lost Rapids, and potentially the adjacent public right-of-way(Lost Rapids Dr), compounding existing circulation and safety concerns. Many letters of opposition have been received from area residents and patrons of adjacent commercial uses attesting to the traffic and congestion issues in this area and concerns the proposed use will only exacerbate these issues. 2) The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. Approximately 400 feet of the stacking lane is a separate lane from the circulation lanes needed for access and parking; however, Staff is concerned stacking will extend from this area and block circulation lanes needed for access and parking internal and external to the site during peak hours. If approved,parking spaces nearest the stacking lane along the west boundary of the site should be designated for employee parking only. 3) The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. The nearest apartment building is approximately 80 feet from the stacking lane. 4)Any stacking lane greater than one hundred(100)feet in length shall provide for an escape lane; and The first 170+/-feet of the drive-through has a double stacking lane, which transitions to a single stacking lane with an escape lane for the last 230+/-feet up to the pick-up window, meeting this requirement. 5) The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The two (2)pay windows are located along and are visible from N. Ten Mile Rd.for City of Meridian I Department Report III. Staff Analysis 80 surveillance purposes. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. The site is separated from the multi family development to the west by a 2-way drive aisle so this requirement is not applicable. Restaurant: The proposed use is also subject to the specific use standards listed in UDC II- 4-3-49 for restaurants, as follows: Parking: At a minimum,one(1)parking space shall be provided for every two hundred fifty(250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. Based on 3,886 square feet of gross floor area for the proposed restaurant, a minimum of 16 vehicle parking spaces are required; a total of 73 spaces are proposed, which meets and exceeds the minimum standard. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): "Require appropriate landscaping, buffers, and noise mitigation with new development along transportation corridors (setback, vegetation, low walls, berms, etc)."(Comprehensive Plan policy#3.07.01 C) i. Landscape buffers along streets Street buffers are required to be provided with development per UDC Table 11-2B-3 based on the street classification with landscaping per the standards in UDC 11-3B-7C. A 35 foot wide street buffer was installed on this site along N. Ten Mile Road, an arterial road and entryway corridor, and a 20 foot wide street buffer was installed along W. Lost Rapids Dr., a collector street, with the subdivision improvements as required.Additional buffer width is proposed with development of the site ranging from 7 to 11 feet along N. Ten Mile Rd. and 22 feet along W. Lost Rapids Dr. with additional landscaping. ii. Parking lot landscaping Perimeter and internal parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8. Planter islands are required to be placed at the ends of rows of parking to delineate and guide traffic movement within the parking area,prevent cross space driving,and to reduce the visual impact of long rows of parked cars.If approved,planter islands should be added at the ends of rows of parking that abut the southern driveway for the site. iii. Landscape buffers to adjoining uses Landscaping within buffers to residential and/or non-industrial uses is required to comply with the standards of UDC 11-3B-9C.No residential uses adjoin the site (the residential apartments to the west are separated from this site by a driveway); therefore, a landscape buffer is not required. iv. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. City of Meridian I Department Report 11I. Staff Analysis 81 v. Pathway landscaping Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C.No pathways are proposed or required within the site. 2. Parking (UDC 11-3C): i. Nonresidential parking analysis As noted above, a minimum of one(1)off-street parking space is required per 250 square feet of gross floor area for the proposed restaurant.Based on the 3,886 square foot building, a minimum of 16 spaces are required.A total of 73 parking spaces are proposed, exceeding the minimum standard by 57 spaces. ii. Bicycle parking analysis A minimum of one(1)bicycle parking space is required 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.Based on the proposed number of vehicle spaces (i.e. 73), a minimum of three (3) bicycle spaces should be provided. A total offour(4)spaces are proposed, which meets and exceeds the minimum standard. 3. Structure and Site Design(11-3A-19) Architectural character: Buildings are required to be designed in accord with the City of Meridian Architectural Standards Manual(ASM). The conceptual building elevations included in Section VILE appear to comply with these standards;final design is required to comply with the non-residential design standards in the ASM. Site design: Extend or improve streets, drive aisles, cross access easements or similar vehicular and pedestrian connections provided from adjacent properties.No cross-access easements or driveways exist to this site from the adjacent property to the north. A 5-foot wide sidewalk exists along the west side of the lot to the north adjacent to the north/south drive aisle from W. Lost Rapids Dr. If approved, Staff recommends a sidewalk is also provided on this site along the north/south drive aisle for pedestrian safety and access to/from the north and from the sidewalk along W. Lost Rapids Dr. For lots with frontage on a public street, a minimum of 30%of the buildable frontage of the property shall be occupied by building facades and/or public space. The proposed site design meets this requirement along N. Ten Mile Rd. with only a drive-through lane between the building fagade and the public street but does not meet the requirement along W.Lost Rapids Dr. Parking lots: For properties greater than two(2) acres in size,no more than 50% of the total off-street parking area for the site shall be located between building facades and abutting streets. The proposed site design meets this requirement along Ten Mile but does not along Lost Rapids. Pedestrian walkways: A continuous internal pedestrian walkway that is a minimum of five(5) feet in width is required from the perimeter sidewalk to the main building entrance(s)for non- residential uses. The walkway should be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks and have weather protection (including,but not limited to, an awning or arcade)within 20 feet of the all customer entrances.A pedestrian walkway is proposed from the perimeter sidewalk along N. Ten Mile Rd. and along the northern boundary of the site to the main building entrance. If approved, the pedestrian walkway along the northern boundary should connect to the sidewalk required along the western boundary of the site;and all walkways that cross vehicular driving surfaces should be distinguished as noted above. City of Meridian I Department Report III. Staff Analysis 82 "Consider needed sidewalk,pathway, landscaping, and lighting improvements with all land use decisions."(Comprehensive Plan policy#6.01.02D) E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Comprehensive Plan Policy 6.01.02B focuses on minimizing access points to arterial streets by implementing strategies like cross-access agreements, access management, and developing frontage and backage roads, while enhancing connectivity between local and collector streets. Access for the site is proposed via two(2) full-access driveways from the north/south drive aisle that exists along the west side of the site,which connects to W. Lost Rapids Dr. Direct access via N. Ten Mile Rd. is not proposed or allowed. This is in accord with the above noted Comprehensive Plan policy. The Applicant submitted a traffic analysis focused on the Ten Mile&Lost Rapids area, included in the public record. In short,the analysis states the proposed queuing capacity for 29 vehicles will provide sufficient storage capacity to accommodate vehicles observed at 18 other In-N-Out establishments once operations normalize. An overflow management plan is identified,which will be implemented when drive-through lane overflow occurs and will extend the available queuing area by an additional 21 vehicles to accommodate approximately 50 vehicles on-site. The plan extends the queuing area by closing the southern access point and re-purposing 14 parking spaces along the site's western boundary. This modification limits access to a single entry and exit driveway at the northwest corner of the site. While Staff doesn't necessarily disagree that the proposal should be adequate once operations normalize, Staff is concerned about the impacts to internal drives and adjacent public right-of-way and associated public safety in the interim if vehicles stack beyond the boundary of the site. ACHD has indicated that no additional improvements are required to the adjacent streets. 2. Sidewalks and Parkways (UDC 11-3A-17): Sidewalks and parkways are required to comply with the standards listed in UDC I I-3A-17. Detached 5-foot wide sidewalks exist along N. Ten Mile Rd. and W. Lost Rapids Dr abutting the site.No parkways are proposed or required. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided as set forth in UDC 1I- 3A-15. 2. Storm Drainage (UDC 11-3A-18): Storm drainage is required to comply with the standards listed in UDC I I-3A-18. 3. Utilities (Comp Plan, UDC 11-3A-21): All utilities shall be installed at or below grade in accord with the City's adopted standards, specifications and ordinances. All development shall be connected to the City of Meridian water and sewer systems,unless otherwise approved by the City Engineer. Service stubs were provided to this property with development of the subdivision. Comprehensive Plan Policy#3.03.03G requires that urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, and water and sewer utilities. Additionally, City of Meridian I Department Report III. Staff Analysis [83] all utilities for the proposed development must be installed in accordance with the standards specified in UDC 11-3A-21. "Support infill development that does not negatively impact the abutting, existing development." (Comprehensive Plan policy#2.02.02C)—Based on the above analysis and the public testimony received, Staff believes the proposed development will have a negative impact on adjacent residential properties. Concerns include deteriorating air quality from vehicle exhaust while cars idle in line for service, and noise generated outside acceptable hours for areas next to residential uses. Additionally, the proposed development will most certainly increase traffic and congestion in an area that is already strained, further exacerbating existing transportation challenges. As of the date of this report, 146 letters of public testimony, mostly in opposition to the project, have been received and are included in the public record. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division Staff is not recommending approval of the proposed conditional use permit; therefore, conditions of approval are not included. If the Commission wishes to approve the request, the project should be continued to a subsequent hearing date for Staff to prepare conditions of approval for consideration by the Commission. Other agency comments may be accessed in the project file in the public record. Copy and paste the following link into your browser: https:llweblink.meridiancily.orglWebLinkIBrowse.aspx?id=367313&dbid=0&repo=MeridianCitX V. FINDINGS A. Conditional Use (UDC 11-513-6E) The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds the site is not large enough to accommodate the proposed use and comply with the specific use standards listed in UDC 11-4-3-11, which require stacking lanes to have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons,per the analysis above in Section III. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds the proposed infill development will not be harmonious with the Comprehensive Plan in that the proposed use and hours of operation will negatively impact abutting existing residential development, area residents that live nearby traveling on Lost Rapids and patrons of other commercial uses in the area due to excessive noise, traffic and congestion. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the design and operation of the proposed use will not be compatible with other residential and commercial uses in the general neighborhood, due to noise, air quality and transportation impacts, which are already challenging in this area and will be City of Meridian I Department Report IV. City/Agency Comments & Conditions R exacerbated with the proposed use as discussed above in Section III, which will adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds the proposed use will adversely affect other properties in the vicinity and thus, denies the proposed use. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures, refuse disposal,water,and sewer. The Commission finds the proposed use can be served adequately by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors. The Commission finds the proposed use will be detrimental to persons,property and the general welfare due to excessive production of exhaust fumes from vehicles idling in line for extended periods of time, noise, traffic and congestion based on the analysis above in Section III and the many letters of testimony received from the public included in the public record. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. 11. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. VI. ACTION A. Staff: Staff recommends denial of the proposed Conditional Use Permit as discussed above in Section III,per 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 deny the subject CUP request. 1. Summary of the Commission public hearing: City of Meridian I Department Report Vl. Action 85 a. In favor: Todd Smith.In-N-Out Burger(Applicant): Robin Sellers: Shawn Sunwell b. In opposition: Wade Ramsey(Bainbridge HOA); Brick Oliver(Cadence HOA); Bri Jones(Olivia Apartments); Diane Hough; Jon Wheeler; Bob Hough; Val Daigle; Don Dalton: Bill Beve: Shawn Sherman: Clayton McCormick:Pat Catenzero: Diane West: Mike Gallenstein; Steve Lozano:Jeff Wertz: Becca Gulden;Robyn Sellers: Jonathan Walker; Robin Friehling; Shawn Sundwall;Maritza Gardner; Lindsay Po ser; Michael McCallister: Dale Draney:Brian Henszel; Joseph Minor; and James Ferguson c. Commenting: Giancarlo Ganddini d. Written testimony: See public record e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Traffic generated from the proposed use and on the adjacent roadways b. Access to the shared driveway between the proposed development and the Olivia Apartments. c. Hours of operation d. Lights,trash, loitering and noise from the development. e. Analysis in the focused traffic study_ f. Impact on property values g_ Safety of the kids playing at the surrounding parks crossing the street to the proposed use and additional traffic generated from the proposed use. 3. Key issue(s)of discussion by Commission: a. Hours of operation b. Focused traffic study findings C. Proximity of the proposed use to the multi-family development 4. Commission change(s)to Staff recommendation: a. None City of Meridian I Department Report VI. Action [86] VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend �. � +h n ` Project Location j �, • AhRYR1�i3���IM s ra is° + IIM .. 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Service Accessibility Report PARCEL R5330761510 SERVICE ACCESSIBILITY Overall Score: 28 27th Percentile Description Location In City Limits Extension Sewer Trunkshed mains < 500 ft. from parcel Floodplain Either not within the 100 yrflaodplain or > 2 acres Emergency Services Fire Response time r 5 min. Emergency Services Police Not enough data to report average response time Pathways Within 1/4 mile of current pathways GREE Transit Not within 1/4 of current or future transit route LRED1 Arterial Road Ruildout Status Ultimate configuration (# of lanes in master streets GREED plan) matches existing (# of lanes) School Walking Proximity Within 112 mile walking 1GREE1 Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREE (existing or future) Either a Regional Park within 1 mile OR a Community ParkWalkability Park within 1/2 mile DR a Neighborhood Park within 1/4 mile walking 61 report generated on 03-31-202z by MERIDIAHl sal en City of Meridian I Department Report VII. Exhibits [89] C. Site Plan(date: 12/19/2024) q r aag - br} d d kR 6 b 0 ;�o "s �g WOLLI INLU OL SH R�jl NaN s ? €g LL § k�Smss a 2Fa 43s Z~ Lu ��@ asp gas � : � � s• � an c '��€ a�� §; � §4�a'Y 5 5 T=$'s3s C.)Z i k "� a d d s[a �' a e§€a g a €c ❑�a�s�;'�����ar'��a�4 G�G G�a a�€'s •- -" �f&ff e a �, �p '� z�i���' i�x°� F 5��Eu€�a€ES 6§t OC o u :: , @ aF a fb1 g "c w L)_ s �W m� 5 n'O hi Q 0 4 6 0 �d ZQO r \`.-_` d� UU�kIS"JI,9ld) s CIVCitI _ E31 A N711. NLl v 8 �$ I. { i z r r € • k �6 I 4 I7I722 u� !' 3 e LLJ ME 8 _h - - .riC �I �g44ad4 P��z r e' 4 Ay 1 w a • I _ __ r, O. r — City of Meridian Department Report VII. Exhibits 19-01 D. Landscape Plan (date: 2/21/2025) s s Y; a6 8 g pp g gg g 3 a gg s a � a ',`s o Z O LU w og a W U , � IIIIIIIIIIIIIIIIP' g 0 R o CL mo Z ,,, . . . �. .. Z U 5 W U) oz 0 L� Ww 0 IXM :3"I mz Fzm wog Opz Z¢a ?�s o — t-+ al a M •. p Z2 � e 'J7 r =d L . p K .L- Oil 1. g $g AA- o City of Meridian I Department Report VII. Exhibits El r i i F ii i � 3 n m o E& HZ dd o 0 0 0 6 o d a o " a o o o a o a _y,Sl. W � ; mow LLI O e i a U Qd ova Lu a ®oo e a . 9 Beo p 3 3 � 3ga Z Vol � 0P. 0 g c $ H i s 1 Fie C]y I P �a !_ - w ��IW N31 N H11 o z — Z 12 --------------- w 411111� ®E3 ¢ LL I-1 u i Jg pq MOD N I IT � � J All I� I I ij� 3 sg Nw = a 4i City of Meridian Department Report VII. Exhibits [92] E. Building Elevations(date: 9/18/2024) 0} PVt IQPJWY Q2d TIM Nil N 99 „ Oaf `6. SN011VA313 X. JVNIAIIA2Jd a ZIP NN � Sm °�g�gw e @ a @ p2 p II �ja�3; z urn s �, g � � 3 9gffi�ep ,_, 3 ` II ii IIIIN -d diflL El Y00000 000 0©0 00 00®DDOws�l§ff "I:�I�I ��I �J: r { 3 W� I� jIS ICI 91 El- 115 II 44 VVIA - �I 11 i I a _q �I I II I .�W- II ji II i i ICI II I EM - o-e y_ Z'O K, -ill ` o Z 1 o00 1 o '.'� a u iy ww II �I II ff I I I r N. i � 'mod � • LL awe el Z NJ� rr Li 3 k, El I a, — Is FT- 131 I,{ �i II a v€ o I"I I ;� 5• + B6 City of Meridian Department Report VII. Exhibits 93 F'nw s, QI `NVIGI2i3W (0] 3jIW N SNOI VA113 A2JVNIAHI3 Jd g p _ Z�8 3 4 pip INN I NNH I IS Hill Nil, Hui ; illmI�� : , R 1, � �� az'.�� `s 0 .15m 11 '1 j` -- 1C00000 000 000 00 ®o®©oos6lj; I�Ij;l�l .l?I 11 la I• ILL Is —�I ^�I u_ II -FF I i I=I j I I I w w j II II I 4, I I r I H I �O ti e LLl Iwl II^ I _ jj Ii�I I II I sl ?o T el ICIL Fz 0 I II I II I I a I Q z I H I r; 4 I - -- I 11 — Idl I°r l ----------I I _ I I qT { g---`-- — n W �l ig � x � �L• _� �� e� City of Meridian Department Report VII. Exhibits 94 13502 Hamburger Lane Baldwin Park,Ca 91706-5885 The Best Enterprise 626-813-8200 • Is A Free Enterprise"" May 30, 2025 Meridian City Council 33 E. Broadway Ave. Meridian, Idaho 83642 Re: Decision to be reviewed: Case No. H-2024-0058 In the Matter of the Request for Conditional Use Permit for a Drive- Through Establishment in the C- G Zoning District within 300 Feet of Another Drive- Through Facility,Existing Residences, and a Residential District with Business Hours of Operation from 10: 30 AM until 1: 00 AM Sunday Through Thursday and From 10: 30 AM until 1: 30 AM Friday and Saturday, Located at 5985 & 6037 N. Ten Mile Rd., by In-N- Out Burger. Name and address of person Cassie Ruiz seeking review: 13502 Hamburger Lane Baldwin Park, CA 91706-5885 Dear City Council Members: I. Introduction In-N-Out Burgers ("In-N-Out") respectfully submits the following letter appealing ("Appeal") the City of Meridian ("City") Planning and Zoning Commission's ("Commission") decision("Commission Decision") denying In-N-Out's application for a Conditional Use Permit ("Application") for a drive-through establishment as an accessory to a permitted restaurant ("Project") located at 5985 & 6037 North Ten Mile Road in Meridian, Idaho ("Property"). In support of this Appeal, In-N-Out has evaluated the feedback to its Application and hereby submits the following proposed conditions and supplemental information, which illustrate that the Project's compliance with the Meridian City Code standards, Meridian's Comprehensive Plan, and original development plan for the Property. A. Factual Background In-N-Out intends to operate 3,886 square foot restaurant with indoor seating for 74 people and outdoor seating for 46 people located at 5985 and 6037 North Ten Mile Road in Meridian, Idaho. Because In-N-Out's business is renowned for its drive-throughs, a drive-through is the essential element to the Project. As discussed in more detail below, operating a drive-through within the City requires a conditional use permit in certain circumstances. The Property is located in the C-G district, which permits the restaurant but requires a conditional use permit for the drive-through. Within this C-G district are already several commercial businesses including,but not limited to: • Burger King operating from 6:OOam to 12:OOam on Monday through Saturday, and 7:OOam to 12:OOam on Sunday. • Caf6 Rio operating from 10:30am to 10:OOpm Monday through Saturday, and 11:00am to 10:00pm on Sunday. • Costco operating from 10:00am to 8:30pm on weekdays, with reduced operations on Saturday and Sunday (9:30am to 6:OOpm and 10:00am to 6:OOpm, respectively) • Costco gas station operating from 6:OOam to 10:00pm on weekdays, with reduced operations on Saturday and Sunday(6:OOam to 8:30 PM and 6:OOam-7:30 PM, respectively) Several nearby businesses including Dutch Bros Coffee, Caf6 Rio, Burger King, Swig, Slim Chickens, and Firehouse Subs also operate drive-throughs. is the Project is ideally located near important community pillars, including several public parks, churches and schools. In-N-Out views the neighboring communities as important assets and hopes that many residents and customers who frequent this area will become In-N-Out customers. In-N-Out takes pride in its wholesome reputation offering a safe and clean space for families and friends to hang out and enjoy a burger. The Property is located within a larger shopping complex ("Shopping Complex"). The two parcels involved here were originally proposed to house two individual businesses, rather than just one. The Shopping Complex was proposed in two phases: (1) Phase 1, involving the construction of a 166,000 square-foot Costco warehouse and(2) Phase 2, involving the construction of 60,000 square feet of retail pads, 115 apartment units, and 162 residential homes. Currently, the retail portion of Phase 2 of the Shopping Complex is nearly built out with only three of 10 lots remaining to be developed. However, on a square footage basis, only 31,008 square feet of the originally contemplated 60,000 square feet(less by nearly half) has been built. When the City approved the Shopping Complex's development application, the underlying traffic impact study was a key part of the City's approval. Based on this impact study, the City agreed that Costco shopping complex would require transportation infrastructure improvements and even determined that a variance would help relieve traffic flow concerns. As such, the City required that prior to the first Certificate of Occupancy, SH 2O-26/W. Chinden Blvd. be widened to four lanes with signal/intersection upgrades from Tree Farm to Linder(1.5 miles); North Ten Mile Road would be widened to 4 lanes from Chinden to Walmart(0.80 of a mile); and that Page 2 of 21 signals would be installed at North Black Cat Road and West Lost Rapids Drivel These improvements were developed after City Staff held several additional meetings to review and discuss the Costco application with the Ada County Highway District("ACHD"), Idaho Transportation Department ("ITD"), and the Community Planning Association of Southwest Idaho ("COMPASS").2 These conditions of approval took into account significant traffic increases expected by 2040 as detailed in the Communities in Motion 2040 Plan.3 Based on these discussions and a detailed traffic study, the City approved the development with these specific conditions so that the full buildout of the Shopping Complex—not just Costco—would be supported. These required road improvements are complete. Currently, even with In-N-Out's drive-through proposal, the Shopping Complex is still far below the size and density of the original assumptions identified in the Shopping Complex's site and development plans. B. Procedural Background The Staff Report for this Application was issued on April 12, 2025. In-N-Out received the Staff Report on April 15, 2025 shortly before the April 17, 2025 Planning and Zoning Commission hearing ("Hearing"). In-N-Out was disappointed to see that City Staff did not recommend approving the Application; however, because the Hearing was rapidly approaching, In-N-Out was not able to work with City Staff to revise its Application, submit supplemental information or draft mutually agreeable conditions of approval. At the Hearing, the Commission considered In-N-Out's Conditional Use Permit Application and public comments on the same. Ultimately, the Commission denied the Application on the basis that the proposed restaurant location's hours of operation were not compatible with the residential area to the west and determined that there were substantial traffic concerns, including traffic conflicts that will have a negative impact on the north-south private drive aisle that serves the surrounding commercial area. City's Findings of Fact, Conclusions of Law and Decision& Order(Case No. H-2024-0058 In-N-Out Burger at Ten Mile).4 At the Hearing, the Commission determined that In-N-Out was unwilling to "deviate from its corporate plan," that operational hours and other matters were "non-negotiable," and 1 See Findings of Fact and Conclusions of Law, H-2018-0004 (https://weblink.meridiancity.org/WebLink/PDF10/c3da143f-7d0e-4bf7-al cb- ac935d7407e6/147764), p. 7. Exhibit B.1.l.b.15., c.12., 2 Id. at p.8. 3 Id. at p.11. 4 The Staff Report provides a"note for clarification" stating, "The notice of public hearing included "extended"business hours of operation as the use was believed to abut a residential use and zoning district,which would have limited hours from 6:00 am to 11:00 pm per UDC 11-2B-3B; however, upon closer examination,prior to issuance of the staff report, Staff found the proposed use is actually separated from the residential use/zoning by a 20 foot wide strip of commercially zoned land. Therefore, business hours are not expressly limited by the UDC although they may be limited through the Conditional Use Permit as a condition of approval for compatibility with adjacent uses. The staff report clarified this matter in Section III.0 below and Staff also clarified it verbally at the public hearing. Any references in the staff report to"extended"business hours of operation should be disregarded. Page 3 of 21 that In-N-Out "made it perfectly clear that they're not willing to deviate from their standard business hours."5 The Commission asked In-N-Out whether it was aware of other In-N-Out locations with operating hours outside of In-N-Out's proposed business hours of operations. In- N-Out acknowledged that some stores do close at midnight, and that In-N-Out was willing to provide additional information regarding store operational hours and delivery hours, specifically In-N-Out stated that operational hours were something it would discuss.6 While this response may not have been a clear acknowledgement that In-N-Out is willing to accept conditions of approval, it was certainly not the refusal that the Commissioners construed In-N-Out's response to be. As a result of the Commission's, City Staff s and public's feedback in response to the Application, In-N-Out hereby submits additional material to supplement the record, including a revised proposed site plan dated May 19, 2025 (Exhibit A), revised proposed landscape plan dated May 27, 2025 (Exhibit B), updated queuing observations of the three existing Idaho stores performed in May 2025 (Exhibit C), a proposed photometric plan(Exhibit D), and an operational noise study(Exhibit E). This material is addressed in this appeal and included in this submission. Since the Hearing, In-N-Out also met with City Staff to gather important feedback necessary to address alleged impacts. For example, In-N-Out originally sought to operate from 10:30am to 1:OOam Sunday through Thursday, and from 10:30am to 1:30 am on Friday through Saturday, with deliveries occurring between 2:OOam and 9:OOam. As discussed in its proposed conditions of approval, In-N-Out now offers that it will operate only until 12:OOam every day of the week, and that delivery hours will be restricted to 6:00am until 10:00pm. Thus, this appeal serves two purposes. First, this appeal explains why the Meridian City Council ("City Council") should reverse the Commission's decision because the Commission's decision was legally insufficient and based on inappropriate considerations, given the limited scope of the conditional use request at issue. Second, this appeal sets forth In-N-Out's proposed conditions of approval, which are (a) consistent with the interdepartmental memoranda attached to the original Staff Report, (b) address City Staff s incompatibility concerns, and(c) address a number of concerns expressed by in public comment or by the Commission. Accordingly, In-N- Out respectfully requests approving approval of its Application based on the based on the information and supplemental material provided and discussed herein. IL Legal Standards A. Restaurants are permitted uses in the C-G District and only the proposed drive-through's impacts should be considered. Meridian's Uniform Development Code ("UDC") defines a restaurant as "the use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking 5 See https://www.youtube.com/watch?v=8yLJuAXbeX4 at 4:06:00 (Chair Lorcher's comments); 4:09:40 (Commissioner Rust's comments suggesting a continuance to create conditions of approval for operational hours and other matters); 4:10:35 (Commissioner Sandoval's Comments). 6 See https://www.youtube.com/watch?v=8yLJuAXbeX4 at 3:32:00. Page 4 of 21 facilities, and where meals are regularly served to the public for compensation."UDC § 11-1A- L In-N-Out's proposed restaurant would be located in a"General Retail and Service Commercial District"generally referred to as the "C-G" district. The purpose of a commercial district is "to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan." Specifically in a C-G district, there is the "largest scale and broadest mix of retail, office, service, and light industrial uses."Id. at Table § 11-213-1. Restaurants are permitted uses within the C-G district, meaning that "the use of land or a structure allowed in a specific district as distinguished from an accessory or conditional use." UDC § 11-1A-A (defining "Principal Permitted Use"). In the C-G district,business hours of operation are limited to 6:OOam to 11:00pm only"when the subject property abuts a residential use or district."UDC § 11-213-3(B).' However, when the proposed use does not abut a residential use or district, there are no operational hour restrictions, unless imposed through a conditional use permit as a condition of approval. Drive-throughs, including stacking lanes, speaker and order areas,pickup windows and exit lanes, are typically an accessory use, meaning the drive-through is "incidental and secondary to the principal use and is conducted upon the same property." See UDC § 11-4-3-11(A); UDC § 11-IA-A ("accessory use, nonresidential"). When a drive through is located within 300 feet of another drive-through facility, a residential district, or an existing residence; separated by an arterial street from any other drive-through facility, residential district, or existing residence, or within an O-T zoning district, then a conditional use permit is required. Id. § 11-4-3-11.A.1-3. Such is the case here. As identified in In-N-Out's Application and the Staff Report, In-N-Out's new proposed restaurant location is within 300 feet of another drive-through restaurant(Caf6 Rio). Thus, the proposed drive-through is subject to conditional approval. For the drive-through feature, In-N-Out must meet the specific-use standards outlined at UDC § 11-4-3-11(B), (C), and(D). Under UDC § 11-4-3-11(B), In-N-Out must"identify the stacking lane, menu and speaker location(if applicable), and window location on the certificate of zoning compliance or the conditional use permit."8 UDC § 11-4-3-11(C) requires In-N-Out to submit a site plan that demonstrates "safe pedestrian and vehicular access and circulation on the site and between adjacent properties."In-N-Out must show that: 7 "Hours of operation. Business hours of operation within the L-O and C-N Districts shall be limited from 6:00 a.m. to 10:00 p.m. Business hours of operation within the C-C and C-G Districts shall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. Extended hours of operation in the C-C and C-G Districts may be requested through a conditional use permit. These restrictions apply to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning,bookkeeping, and after hours work by a limited number of employees. UDC § 11-2B-3(B) (emphasis added). s UDC § 11-4-3-11(B) also prohibits the use of speakers. As In-N-Out's proposed location is not within an O-T zoning district, this limitation does not apply. Page 5 of 21 • stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons. • the stacking lane has a separate lane from the circulation lanes needed for access and parking, except that stacking lanes may provide access to designated employee parking. • the stacking lane is not located within 10 feet of any residential district or existing residence. • if the stacking lane is greater than 100 feet in length, In-N-Out's site design has provided an escape lane. • the drive-through is visible from a public street for surveillance purposes. UDC § 11-4-32-11(C)(1)-(5). More generally, under the UDC, all conditional uses must adhere to several Conditional Use Standards. "In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this title [the UDC] that(1) Minimize adverse impact of the use on other property; (2) Control the sequence and timing of the use; (3) Control the duration of the use; (4) Assure that the use and the property in which the use is located is maintained properly; (5) Designate the exact location and nature of the use and the property development; (6) Require the provision for on site or off-site public facilities or services; (7) Require more restrictive standards than those generally required in this title; (8) Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city."UDC § 11-5B-6. The decision-making body, must"base its determination on the conditional use permit" on the following findings: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Page 6 of 21 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties.9 UDC § 11-513-6. In-N-Out's proposed restaurant is permitted by right, subject only to design-related standards outlined above. For the purposes of approving or denying In-N-Out's Application, the City Council should only consider the proposed drive-through operation and its impacts, and not the operation of a restaurant as a whole. Thus, any impacts that would arise from operating a restaurant without a drive-through (e.g., noise from slamming car doors, vehicle headlights in a parking lot pointed toward the Olivia residential development, building and parking lot lighting) should not be considered for the purposes of evaluating the conditional use required findings, approval, denial, or adopting conditions of approval. However, the City Council may consider such impacts that arise specifically from operating a drive-through when evaluating these matters. B. Standard of Review The City Council reviews Commission decisions under a de novo standard of review. UDC § 11-5A-7(C) ("All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in [UDC] Section 11-5A-6") "A de novo review means `a trying of the matter anew--the same as if it had never been heard before."'Marcia T. Turner, L.L.C. v. City of Twin Falls, 144 Idaho 203, 211, 159 P.3d 840, 848 (2007) (upholding a city council's decision to consider emails sent to the Council after a P&Z Commission decision); see also Gilbert v. Moore, 108 Idaho 165, 168, 697 P.2d 1179, 1182 (1985). When the City Council reviews a decision under a de novo standard of review, it not confined to the record made before the P&Z Commission and may consider new information. Twin Falls, 144 Idaho at 211; UDC § 11-5A-7(D). The City Council is "not required to address the P&Z Commission's findings or decision, nor [is] it required to find that the Commission made a legal error or that its findings lacked support in the record." Twin Falls, 144 Idaho at 211. The Council's de novo review has "the effect of removing the P&Z Commission's decision from the record."Id. (citations omitted). III. Proposed Conditions of Approval In-N-Out understands that it is atypical for a conditional use permit applicant to present its own conditions of approval without input from City Staff. However, In-N-Out presents these proposed conditions of approval to show its good faith efforts to mitigate or resolve any alleged impacts from its proposed drive through. In-N-Out suggests the following conditions of approval: 9 City Staff determined, and In-N-Out agrees, that the conditional use requirement number nine does not apply to In-N-Out's Application because there is no nonconforming use involved here. Therefore, In-N-Out does not discuss this conditional use requirements in this appeal. Page 7 of 21 1. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of the building and landscaping so that visual and acoustic impacts of these functions are contained and out of view from adjacent properties as set forth in UDC 11-3A-12. 2. Food service hours of operation shall be from 6:00 am-12:00 am, seven days a week. 3. In-N-Out shall provide pedestrian sidewalks along the western and northern edges of the property connecting the public right of way between Lost Rapids Drive at the southwest and N. 10 Mile Road at the northeast as shown on the attached revised site plan dated May 19, 2025 . 4. Landscaping along the western and southern portions of the property shall be as provided in In-N-Out's revised landscape plan dated May 27, 2025. 5. Routine ingredient deliveries shall take place between the hours of 6:00 am— 10:00 pm. 6. The primary delivery access for In-N-Out-operated delivery trucks shall be from the driveway access via N. Ten Mile Road approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway approximately 350 feet west of N. Ten Mile Road may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. 7. Parking lot lighting shall be designed with lighting levels in conformance to the attached photometric plan. 8. Parking lot lights and signs shall be turned off after closing to the public, with the exception of those lights necessary to maintain public and In-N-Out Burger Associates' safety and security. 9. No stacking is permitted in outside travel lane serving as an escape lane; In-N-Out shall install signage that notifies patrons to not block escape lanes or exits. In-N-Out also agrees to all Ada County Highway District and Meridian Public Works proposed conditions, as set forth in Exhibit F. IV. Grounds for Appeal As mentioned above, the City Council should reverse the Commission's decision for several reasons: (1) the Commission's decision was legally insufficient under Idaho case law; (2) the Commission made its decision based on considerations outside the limited scope of the conditional use request; and(3) as shown by the record below, and in the supplemental information discussed here, In-N-Out has met the conditional use required findings. These points are covered more fully below. A. The Commission's decision was insufficient under Idaho case law and should be set aside by the City Council. The Commission's one-and-a-half-page long decision does not meet the "reasoned statement" standards outlined in Idaho's Local Land Use Planning Act ("LLUPA") or the case law arising out of this Act. As a result, the Commission's decision is invalid and must be overturned by the City Council. Page 8 of 21 Idaho Code § 67-6535 requires that any"approval or denial of any application required or authorized pursuant to [LLUPA] shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance or other appropriate ordinance or regulation of the city or county."An approval or denial must be "in writing and accompanied by a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions,pertinent constitutional principles and factual information contained in the record." Idaho Code § 67- 6535(2). If a decision-making body"fail[s] to identify the nature of compliance or noncompliance with express approval standards or fail[s] to explain compliance or noncompliance with relevant decision criteria" in writing, the denial shall be invalidated on appeal.Id. § 65-6735(2)(a). Recently the Idaho Supreme Court reiterated that "[i]t is well established that LLUPA requires a decision-maker to issue a written statement in support of its decision, setting forth the relevant contested facts relied upon, and explaining the criteria and standards it considered relevant." Veterans Park Neighborhood Assn, Inc. v. City of Boise, 564 P.3d 350, 364 (Idaho 2025) ("VPNA"). A mere recitation of portions of the record, rather than determinations of facts disputed is insufficient under LLUPA.Id. citing Jasso v. Camas Cnty., 151 Idaho 790, 794, 264 P.3d 897, 901 (2011). When a decision does not measure up to LLUPA's "reasoned statement" standard, it violates an Applicant's substantial right to due process.Jasso v. Camas Cnty., 151 Idaho 790, 792, 264 P.3d 897, 899 (2011). The VPNA case involved Interfaith Sanctuary's request for a conditional use permit operate a homeless shelter in Boise, Idaho near the Veterans Park Neighborhood. The matter first went before the Boise City Planning and Zoning Commission which denied the conditional use permit primarily because Interfaith Sanctuary had not created a security plan, and there would be adverse impacts to neighboring communities, city-funded emergency responders like firefighters and police, and Interfaith Sanctuary would not provide assurances that it would mitigate the homeless shelter's adverse impacts on the community. VPNA v. City of Boise, 564 P.3d 350, 356 (Idaho 2025). Further, according to the Boise Planning and Zoning Commission, Interfaith Sanctuary's materials did not provide enough information to allow the Commissioners to craft conditions of approval. Interfaith Sanctuary then appealed to the Boise City Council which reversed the conditional use permit denial. After this approval, VPNA brought a judicial appeal which ended up before the Idaho Supreme Court. The Idaho Supreme Court specifically found that the Boise City Council's one and one- half page reasoned statement, and conditions of approval were inadequate even when referencing nearly 40 hours of public hearing and thousands of pages of submissions. The Court noted that the Boise City Council's decision offered only summary conclusions, but did not"attempt to wrestle with any of the controversy." For example, the Boise City Council's decision offered the blanket statement that"[c]onditions of approval will ensure that the shelter does not adversely impact other property in the vicinity." But the City Council's decision stopped short of explaining how conditions of approval would address concerns raised by VPNA and other members of the public. The Court also criticized the Boise City Council for incorporating by reference 30 conditions of approval to provide explanatory support for the Council's decision.Id. at 368. While the Court agreed that it could read these conditions in concert with the reasoned Page 9 of 21 statement, the conditions alone did not render valid the conclusory opinion by providing a clear explanation or guidance demonstrating the facts that the Boise City Council relied on. Similarly, in Jasso v. Camas County, the Court invalidated a Board of County Commissioners' decision when the findings of fact were mere recitations of procedural history. In that case, the Board of County Commissioners merely recited that a preliminary plat application and reports were submitted, that expert and agency recommendations were made, that fees were paid, and hearings were held. These facts were not enough to create the required reasoned statement under LLUPA. 151 Idaho 790, 795, 264 P.3d 897, 902 (2011). Further, the Board of County Commissioners' conclusions of law consisted of merely eight short statements detailing the contents of the record(e.g., that a warranty deed and easement were included in the application file; that an engineering report had been submitted and deemed complete). This decision was both legally insufficient to withstand judicial review, and violated the applicant's due process rights.Id. The Commission's decision here is similarly inadequate. The Commission's findings of fact here are not full sentences and merely list"Hearing Facts," "Process Facts," "Application and Property Facts," and Required Findings per the Unified Development Code"with cross references to the Staff Report. The Commission provided no explanation as to why some facts were accepted as relevant, valid, or truthful, while others were disregarded. Indeed, In-N-Out is not able to fully refute the findings of fact simply because it unclear which facts the Commission specifically relied on. To refute each and every fact brought before the Commission by City Staff and the public would result in a far lengthier appeal than this document. In addition, the conclusions of law are not actually conclusions of law determining how the UDC applies to the facts before the Commission. Instead, they are simply sentences discussing that the Commission has power under LLUPA; an acknowledgement of the UDC and Comprehensive Plan; an acknowledgement that the Commission considered comments from agencies; and a statement that the Commission granted an order of denial. The conclusion of law #4 even states that"[i]t 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."Decision, at 1. Yet, there are no conditions of approval attached, nor are there any factual findings discussing governmental services outside of the record's contents. It is difficult and nearly impossible for In-N-Out to fully refute the facts the Commissioners relied on, and the conclusions made by the Commissioners simply because they are no where to be found in the Commission's Decision. And even when reviewing the record, In-N-Out must infer the facts the Commissioners deemed relevant. In-N-Out acknowledges that there is no "particular form required, and no magic words need be employed,"to establish a sufficient statement.Jasso, 151 Idaho at 796. But without a more detailed reasoned statement, In-N-Out will be denied the opportunity to seek meaningful judicial review of any denial and thus, In-N-Out's right to substantial due process will be denied should the Commission decision remain in place. Id. Thus the City Council must reverse the Commission's decision. And, as outlined below, it is not appropriate for the City Council to simply issue a more detailed denial of In-N-Out's proposed conditional use. Instead, based on the credible, reliable, Page 10 of 21 and substantial evidence already provided by In-N-Out at the Hearing, and provided here as supplemental information, the City Council should approve this conditional use. B. In-N-Out's Application meets each of the conditional use requirements. 1. In-N-Out's proposed location is large enough to accommodate the proposed use and meets all the dimensional development requirement regulations in the district in which the use is located. The Property consists of two parcels, totaling approximately 2.2 acres. Other Treasure Valley locations are nearly an acre smaller than this proposed location. The In-N-Out located at The Village Shopping Center is 1.2 acres. The Nampa location is 1.4 acres. The In-N-Out location in the Boise Town Square mall is 0.86 acres. Here, the restaurant itself would be 3,886 square feet, leaving the remainder of the Site (91,946 square feet or about 2.1 acres) available for parking, queue stacking, an escape lane, landscaping, and family-friendly outdoor seating. City Staff determined that the proposed use will comply with the dimensional standards for the C-G District identified in Table 11-213-13. Drive through establishments must also comply with the specific design standards set forth at UDC § 11-4-3-11. With certain design modifications, which In-N-Out is agreeable to, the Project will also comply with § 11-4-3-11, the design standards for a drive-through establishment. City Staff determined that the Property would not have "sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons."Decision, at 11 (marked as p. 84 in Department Report). Yet, City Staff also acknowledged that since opening "activity at that location [the Meridian Village location] has decreased, resulting in reduced stacking and impact on adjacent properties" Staff Report at § III.C.3(3). Under In-N-Out's proposed plan,parking at the Property can accommodate 73 cars, which far exceeds the UDC requirement that In-N-Out provide 16 parking spaces (one parking space is required for every 250 square foot of gross floor area under UDC § I 1-4-3-49). Further, In-N-Out's site design shows capacity for 29 vehicles in the stacking lanes. After operations normalize after opening, In-N-Out anticipates this capacity being sufficient to manage on and offsite impacts. At its Village location, the maximum observed queue during a survey occurring in December 2024 was 46 cars. The weekday dinner average queue for that location was about 30 cars. In response to Commission's concerns regarding traffic, In-N-Out Burger commissioned an additional survey of its drive through queues at the Village, Boise, and Nampa locations (attached hereto as Exhibit Q. The results of this study show that there will be sufficient capacity at the Site. Each metric measured- average, 85th percentile, 951h percentile and max peak queues - decreased from the original observations from December 2024. Specifically at The Village, the results from the recent May 2025 survey yielded a decrease of over 20% in the maximum observed queue to 34 cars and the weekday dinner average queue decreased by over 25%to 22 cars. It should be noted that these queue counts can be accommodated within the proposed site without impacting the southernmost driveway access to the Site, nor the private access road from West Lost Rapids Drive into the shopping center. Per the original Focused Traffic Analysis provided with the initial application, the average queue for stores in comparable Page 11 of 21 areas is about 27 cars, once restaurant operations normalize, which is accommodated by the dedicated drive-through lane proposed in the Site Plan. Should queuing exceed capacity, In-N-Out effectively implements overflow management plans. Store associates are trained in directing traffic and managing vehicles in an orderly fashion. As noted in the Hearing through public comment and reiterated here, the In-N-Out location in Nampa is considerably smaller size, yet In-N-Out has proven to responsibly manage car queues and crowds such that there is not spillover onto neighboring properties, drive aisles, or other offsite locations. 2. In-N-Out's proposed location will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of the UDC. The Commission adopted into its Findings of Fact the Staff Report created for the Hearing. For this required finding, City Staff wrote "the proposed infill development will not be harmonious with the Comprehensive Plan in that the proposed use and hours of operation will negatively impact abutting existing residential development, area residents that live nearby traveling on Lost Rapids and patrons of other commercial uses in the area due to excessive noise, traffic and congestion."Decision, at 11 (marked as p. 84 in Department Report). In adopting the Staff s findings, the Commission provided no references to the Comprehensive Plan itself and instead offers a blanket statement about the incompatibility of the uses. However, In-N-Out refutes this incompatibility finding. In-N-Out's proposed location is harmonious with the Meridian City Comprehensive Plan and consistent with the Comprehensive Plan's focus on private property rights. Comprehensive Plan, 3-3. It goes without saying that Meridian in general, and the Ten Mile and Chinden Road area specifically, is bustling with economic growth. Meridian's Comprehensive Plan ("Comprehensive Plan") highlights the importance of a vibrant, diverse, clean, safe, and secure community in which to live, work, and thrive. As noted in the Comprehensive Plan, "Meridian has seen a significant increase in population over the last decade and it is predicted to grow another 52%between 2017 and 2040."Plan at 1-7. The City's economic goals and objectives include: • Promoting "business retention, expansion, and improvement programs"; • "Proactively recruit[ing] and attract[ing] new businesses to the area"; • "Capitaliz[ing] on the City's central location by promoting more tourism and business growth along entryways and key corridors." • "Creat[ing] positive, vibrant, and accessible commercial activity centers within the community." Comprehensive Plan, at 2-13, -14. In-N-Out shares these values, making Ten Mile and Chinden an ideal location for its business. In-N-Out's proposed location is nestled near several other successful businesses and community gathering places, including Costco, several churches, and other restaurants. In-N- Out specifically identified this location as desirable due to customer convenience, its proximity Page 12 of 21 to In-N-Out owned and operated distribution centers (ensuring fresh delivery of ingredients), and the location's high visibility. In-N-Out is renowned for its workplace practices and paying its associates significantly higher wages than industry standards. In fact, In-N-Out was recently named the number three best place to work nationwide on Glassdoor's 2025 Best Places to Work, with reviewers positively citing In-N-Out's company culture,pay, flexible hours,benefits, and ability to advance in the company. Starting wage for store associates is $17.50 per hour and the average associate makes $19.21 per hour, far better than Idaho's $7.25 minimum wage. In-N-Out also prides itself in attracting, training, and retaining talented employees who often make In-N-Out their lifelong company. This is consistent with the Comprehensive Plan's Economic Excellence goals which focus on increasing average income and stimulating economic investment in the community.10 In-N-Out locations, on average, employ 95 associates per store, offering each of them the opportunity to grow with the company should they so choose. These careers are also diverse, offering both full and part-time positions. This location also offers a thoughtful transition between residential and commercial uses. The proposed restaurant, located in a commercial C-G district, is also located near an R-40 district (high-density residential). The Comprehensive Plan acknowledges that high-density residential districts are "typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents." The nearby R-8 district (medium-density residential) is buffered from the C-G district where the proposed restaurant would be located by limited office and the higher density residential district by a roadway, and significant landscaping area. This ensures a gradual and appropriate transition between residential and higher-density commercial uses. Given the proximity of the residential areas, churches, schools, and parks, this location offers a central location for community members to gather and enjoy an affordable fresh meal, in a clean family-friendly atmosphere. In-N-Out has also discussed revisions to its Site Design with City Staff and implemented those in its updated Site Plan to further improve the Site's safe pedestrian access and community connectedness. Overall the proposed location is consistent with the Comprehensive Plan's goals to achieve a premier, evolving, livable, vibrant and connected Meridian. To the limited extent that the record shows alleged incompatibility with neighboring land, such impacts can be reduced or eliminated by In-N-Out's proposed conditions of approval. And to the extent that City Staff determined that the proposed use is inconsistent with the Comprehensive plan due to excessive noise, traffic and congestion, In-N-Out has provided additional information refuting these findings as discussed further herein. 3. In-N-Out's drive-through design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. to https://meridiancity.org/community-development/planning/comprehensive-plan/premier/ Page 43 of 21 The Commission's Decision City Staffs' findings that the proposed In-N-Out location's "design and operation of the proposed use will not be compatible with other residential and commercial uses in the general neighborhood, due to noise, air quality and transportation impacts, which are already challenging in this area and will be exacerbated with the proposed use ...which will adversely change the essential character of the area. Each of these impacts is discussed below. a. Noise First, it should be noted that In-N-Out's proposed location is already in a heavily populated and trafficked area. Costco, with its many daily deliveries and hundreds of customers per day, is of course a bustling location throughout most of the day. Carts rumbling, car doors slamming, cars honking,people talking loudly, and the general machine noise that comes from operating a warehouse with large HVAC systems, garage doors, parking lot maintenance are all inherent to commercial development located in a C-G zone. This noise is consistent with the essential character of a C-G zone. Adjacent to In-N-Out's proposed location, Ten Mile Road is a main roadway and, with its arterial status, there is road noise from cars and truck traffic. Additionally, there are several other drive-through locations, including Caf6 Rio and Burger King, near In-N-Out's proposed location, which also have speaker systems. The noise that would be generated by In-N-Out's drive-through is consistent with these uses. Much of the noise identified during Hearing by the public and the Commissioners would still exist for any permitted use allowed at this location. Animal care facilities, churches, educational institutions, food truck courts, minor vehicle repairs and other permitted uses will all involve outdoor conservational, car, and delivery noises. That said, In-N-Out has heard the concerns of neighboring residents in the Olivia Apartments and Townhomes and the residential area beyond. To the extent that noise concerns remain, In-N-Out has completed and provided a Noise Study(attached Exhibit E) assessing and discussing operational noise impacts. This Noise Study took measurements over the course of 24 hours and determined that the daytime (7:OOAM -7:OOPM) ambient noise level was around 67 dBA; the evening (7:OOPM-10:OOPM) ambient noise level was about 71.9 dBA; and the nighttime (10:00PM—7:OOAM) ambient noise level was about 67.3 dBA. The 24-hour CNEL (community noise equivalent)was 67.5 dBA. This noise level correlates to a normal conversation or a business office.11 In-N-Out's Noise Study considers noise related to drive- through traffic, parking, amplified speech emanating from a speaker and considers its range accounting for changes in topography. Even when modeling for operational noise and truck deliveries, the Noise Study does not anticipate noise exceedances over this level of ambient noise. Further the study illustrates that there will be no increases in noise that would be generally perceptible to the human ear or otherwise result in disturbance to everyday speech and sleep conditions. Exhibit E. To the extent that the Commission and residents identified noise concerns, these are likely to go unrealized given In-N-Out's thoughtful approach to its store operations. First, with 11 See Yale University Health& Safety, Decibel Level Comparison Chart, at https://ehs.yale.edu/noise-hearing-conservation. Page 14 of 21 respect to truck deliveries, In-N-Out has designed this project such that trucks may pull through with deliveries. There should be little need for delivery trucks to back up, and thus, very little need for backup beepers. Should the need to back up to the restaurant building arise, In-N-Out owns, operates, and controls its delivery trucks and thus can set strict time parameters for when a driver would be allowed to back up at the Site, effectively eliminating concerns regarding backup beepers. And, as mentioned above, In-N-Out is agreeable to conditions limiting ingredient deliveries to specific hours between 6:OOam and 10:00pm. Further, truck noise associated with ingredient deliveries would generally occur, at most, once per day. There are very few instances where trucks must deliver ingredients more than once per day, and more typically, deliveries occur every other day. Further, to take and receive orders, In-N-Out uses speaker systems that involve Manual Volume Control and Ambient Noise Compensation. These speakers ensure clear communication between the customer and the speaker, reducing the need for repeating orders. These systems also adjust to ambient noise levels, resulting in an overall quieter speaker. In-N-Out maintains control of the noise emanating from the Property by its manual controls. Further, In-N-Out places its speakers accordance with operational manuals and best management practices to ensure that these speaker systems are not a nuisance. This project was designed specifically placing the speakers along the North Ten Mile frontage of the site near the existing noise and activity of the five-lane arterial road. In-N-Out is also aware of the Meridian City Code provisions prohibiting horns and sirens,building noises, audio equipment and more set forth in Meridian Code § 6-3-6 and will comply with those code requirements. Thus, operational noise is compatible with other uses, including the residential uses, the commercial uses in the general area, and the intended character of the C-G district, and is consistent with the essential character of the already industrialized area. b. Traffic and Congestion City Staff also determined that traffic congestion would be incompatible with the character of the general area and would adversely change the essential character of the area. The arguments that an In-N-Out location would cause excessive traffic and congestion were based on anecdotal evidence presented by the public. In-N-Out reiterates that traffic generated by a permitted use should not have been considered by the Commission in reaching its Decision. The information provided below shows that a drive-through operation is a prudent choice for this location. It appears that the Commission incorrectly correlated increased traffic impacts with drive-through queue impacts as a potential source for backup into public roads. However, the drive-through queue will not back up into public roads, as discussed in the Traffic Study presented to the Commissioners. In-N-Out provided a detailed traffic study that came to the following important conclusions: • Based on the Ganddini Group's analysis, it is not anticipated that In-N-Out's proposed use will negatively impact the intersection of Lost Rapids Drive and Ten Page 15 of 21 Mile Road. Data show that intersection queuing has only a five percent probability of being exceeded during a given time period. • This location has been specifically designed to accommodate large crowds such that they enter and exit the location efficiently. This Property, consisting of two parcels, is significantly larger than other Treasure Valley locations, which have proven to operate efficiently and without traffic impacts to neighboring properties, and contains significantly more drive through queuing. This location will also be operated with three grills, to ensure consistent queue service. In all In- N-Out locations, once queue lengths reach the menu board and speaker box, associates are directed to take orders via wireless handheld ordering systems allowing orders to be processed sooner and ready by the time the vehicle reaches a pickup window. At all times, locations are monitored by a camera system so that management-level employees can control and assist with queue management. • The two proposed drive-through stacking lanes are quite long, and data show that the proposed queuing capacity and additional site vehicular storage are sufficient to accommodate even the largest crowds for peak business, and contain patrons within the footprint of the In-N-Out location's boundaries. • As In-N-Out continues to expand throughout the Treasure Valley, Idaho in general, and in neighboring states, customer demand distributes more evenly across numerous stores. This trend has been observed and confirmed through data shown at multiple In-N-Out locations. In-N-Out stores located in the same city typically have a symbiotic relationship where multiple stores work together to serve customers more efficiently, resulting in shorter queue lengths over time. There is no evidence, outside of anecdotes, that operating a drive through will create congestion on public roads. While the public's insights here are important, anecdotes and hypothetical concerns are not equal to the data and studies that In-N-Out has performed, not only in preparation for this Application, but in choosing this location in general. Indeed, this shopping complex was designed recognizing traffic congestion in this area, as discussed above. These data show that increased traffic and congestion in the area directly attributable to In-N-Out's proposed drive-through operation are unlikely because expanded area road systems and light- guided intersections can adequately distribute traffic. To claim now that the project cannot support In-N-Out's traffic or circulation belies the data that City Council unanimously adopted with the original Costco shopping complex application. Further, ACHD was intimately involved traffic planning for In-N-Out's Village location, and offered significant feedback during that proposal. In-N-Out notes that ACHD offered no comments here besides those providing routine comments that In-N-Out must comply with its policies for any future work within the roadway right-of-way or related matters. It is telling that ACHD "determined that there are no improvements required to the adjacent street(s)."12 12 Letter from Matt Pak, Development Services Planner, ACHD to Todd Smith, In-N-Out Burger (Nov. 1, 2024), at 1-3. Page 16 of 21 The above-discussed factors show that In-N-Out's proposed drive-through is compatible with the neighboring C-G district, uses beyond the immediately adjacent districts, and does not negatively change the essential character of this area. Thus, the Council should find that this conditional use requirement is met here. 4. In-N-Out's proposed use, if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission incorporated City Staffs' findings that the proposed In-N-Out location will "adversely affect other properties in the vicinity of, and thus denies the proposed use." Decision at, 12 (marked as p. 85 in Department Report). But neither City Staff, nor the Commission identified measured data supporting this finding and also failed to offer any potential conditions of approval to mitigate their concerns, and In-N-Out's proposed conditional use necessitated more discussion than this abbreviated response. First, since Commission determined that there would be adverse effects in its Decision and Order(notably, only that "hours of operation are not compatible with the residential area to the west" and that there would be "substantial traffic concerns, including traffic conflicts" Decision, at 2.C.1.), it must consider whether conditions of approval and adherence to those conditions of approval could mitigate or eliminate those adverse effects. City Staff presented no proposed conditions of approval to Commission. And although the Commissioners did question whether conditions of approval could mitigate these effects, the Commissioners ultimately determined that they would not explore this discussion and summarily denied In-N-Out's conditional use application. To the limited extent that the Commission identified these potential impacts, the proposed conditions of approval discussed above mitigate such concerns by keeping In-N-Out's operating hours and practices consistent with those already existing in the C-G district, including housing, Costco, and several other drive-through establishments. In-N-Out's proposed conditions of approval ensure during the evenings, residents will not be disturbed through additional noise and visual impacts beyond what already exists near these residential uses, and what would exist for any permitted use. And, as discussed above, there is no true incompatibility related to traffic impacting the north-south drive aisle that serves the surrounding commercial area. But, to the extent that such impacts are predicted, they can be mitigated by In-N-Out's proposal to direct site access via certain routes when specific conditions are present. Therefore, the City Council should find that In-N-Out's proposed use will not adversely affect property in its vicinity when it acts in compliance with In-N-Out's proposed conditions of approval. 5. In-N-Out's proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. City Staff determined that In-N-Out's location will be adequately served by essential public facilities and services. All In-N-Out locations are designed with police, fire, and emergency services access in mind. In-N-Out anticipates no school impacts. Public Works and Page 17 of 21 transportation agencies (ACHD and ITD) identified no adverse impact to roads and no need for additional infrastructure beyond what In-N-Out identified in its Application, specifically its site plan. Further, these matters were already taken into consideration during the design of the Shopping Complex, as discussed above. Thus, City Council should find that this conditional use requirement is met. 6. In-N-Out's proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community The Commission incorporated City Staff s findings that the proposed In-N-Out location "will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community."Decision, at 12 (marked as p. 85 in Department Report). In-N-Out agrees and reiterates that there are not excessive additional public costs associated with the proposed development. As evidenced by the record, transportation, school, and environmental agencies and entities offered no comments illustrating the need for additional public services. To the extent that Meridian Public Works requested general and specific conditions of approval for water and fire hydrant easements, specific water and sewer development standards, and similar, In-N-Out accepts these suggested conditions of approval as workable within its site design and will work with Meridian Public Works to meet these goals. Thus, the City Council should find that this conditional use requirement is met. 7. In-N-Out's proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Staff found that In-N-Out's proposed use will involve conditions that will be detrimental to persons,property, and the general welfare based on excessive exhaust fumes and traffic congestion. Because traffic was addressed above in Section IV.B.3, these points are not repeated here. a. Air Quality With respect to air quality, In-N-Out's proposed location is already in a heavily populated and trafficked area. During the Hearing, Commissioners noted the high likelihood that another drive-through restaurant would likely be developed in this location if In-N-Out did not develop here. Any other restaurant and/or drive-through would likely have similar air quality impacts, and many permitted uses, including food trucks operating from diesel generators or minor vehicle repairs would also involve idling motors contributing to air quality issues, perhaps to an extent greater than In-N-Out's proposed use. The agency charged with air quality regulation, the Idaho Department of Environmental Quality, offered no comments or recommendations regarding air quality concerns. In fact, United States Department of Environmental Protection Agency("EPA") air quality data show that Ada County as a whole has good to moderate air quality, with most days with unhealthy air quality likely being attributable to factors like wildfire and weather-driven inversions common in the Page 18 of 21 Treasure Valley.13 The graph below, showing EPA data, confirms this fact. It is unlikely that operating this drive-through creates the excessive fumes needed to tip the Meridian's scales to unhealthy to hazardous air quality, such that the general welfare would be put at risk. Thus, air quality impacts do not render the proposed drive through detrimental to persons, property, or general welfare by excessive fume production. Daily AQI Values,2015 to 2025 Ada County.ID JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2015110 Ell I ■�■I I I II■ 11m■ Is insi� ��0III 2016 1�1—�I�M1II III II Mill III IIII I1�1■s1mml111 2017 —2018 _M1��II���II II 111 I'm II I �■ I 111�■ 20191■ 1��—��0=M1mm11 Imimmimiii II ■1�� �1 ■ 1 Mill I1 Mimi 2020W-I�I��� �I■I I III 1011 I ■ 0 M I M I 1■ 1 2021 I ■mI�=m�imimmimi 11 1 lmmimm■ ■I MIN 2022 in20231�■IM■� � 1��1�11 IIII limm�mI�IIIII 202410l1 ■IMIl■1110111I 1111 iIIIINMI 1■ ■ 20251=11 11■M11111111111 I II I I I I II 11 AQI Category 1 Good(<=50 AQI) Moderate(51.100 AQI) 1 Unhealthy for Sensitive Groups(101.150 AQI) 1 Unhealthy(151-200 AQI) 1 Very Unhealthy(201-300 AQI) 1 Hazardous(>=301 AQI) Source:U.S.EPA AirData<ht1ps:Nwww.epa.gov1air-data> Generated: May 21.2025 b. Light In-N-Out has prepared a photometric plan, included here as Exhibit D, to reflect the proposed lighting levels of the property associated with the In-N-Out development. As shown , the light impacts from In-N-Out's drive through are minimal. Further, any commercial retail user developing this site will have light impacts, as any such user would have similar parking lot lighting for safety and operational purposes, in conformance with the UDC's lighting mandates. As is customary with all retail uses, parking lot lights remain on at night during business operational hours and, except for the minimum security lights for public safety and security purposes, parking lot lights and lighted signs would be turned off upon closing. Similar lighting 13 See EPA, Air Now Interactive Map of Air Quality and archived information, https:Hgispub.epa.gov/aimow/index.html?tab=3; Boise State University, Air Quality and Smoke, https://www.boisestate.edu/research-hcri/resources-hazards/air-quality-and- smoke/#:—:text=Another%20cause%20of%20poor%20air,air%20quality%20reaches%20unhealt by%20conditions; Idaho Department of Environmental Quality, Regional Air Quality Plans and Reports, https://www.deq.idaho.gov/air-quality/regional-air-quality- reports/#:—:text=Air%20quality%20in%20the%20Lewiston,report%20available%20at%20this% 20time. Page 19 of 21 is installed for all of the existing commercial uses, including the access road lighting abutting the residential uses to the west. Further, In-N-Out's site plan shows that vehicle lights, when waiting in the drive-through queue, are not pointed toward residences. Vehicle lights are instead pointed toward Ten Mile Road, and eventually hidden behind the In-N-Out store. Only when vehicles exit the drive- through lane will vehicle lights be pointed toward the residences. And, as shown in In-N-Out's landscaping plans, In-N-Out has proposed landscaping that minimizes such impacts. Thus, the alleged light impacts from operating a drive-through do not render the proposed drive through detrimental to persons,property, or general welfare by excessive glare or light production. In-N- Out's proposed lighting plan ensures that pedestrians and employees remain safe during nighttime hours. 8. In-N-Out's proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Staff found that the proposed location"will not result in the destruction, loss or damage of any such features."Decision, at 12 (marked as p. 85 in the Department Report). In-N- Out agrees and reiterates here that there are no natural, scenic, or historic features at the Site that will be impaired or impacted by any future construction or operation of an In-N-Out location. Thus, City Council should find that this conditional use requirement is met. V. Conclusion As set forth here, and supported by substantial evidence in the record, In-N-Out has met the required findings for a conditional use permit outlined in UDC § 11-513-6. And, as shown in its site plan, will comply with all necessary design standards outlined in the UDC. In-N-Out has repeatedly demonstrated that it operates its Treasure Valley restaurants responsibly and has kept its promises to efficiently manage its restaurants. In-N-Out has cultivated good relationships with neighboring landowners and government agencies providing services to In-N-Out, as evidenced by those individuals who spoke in In-N-Out's favor during the Commission Hearing. These conclusions are supported both in anecdote from government officials and data presented here by In-N-Out. Thus, In-N-Out respectfully requests that the City Council reverse the Commission's denial of In-N-Out's requested drive through conditional use permit, and approve In-N-Out's construction and operation of this drive through. Respectfully submitted this 30th day of May, 2 25, Cassie Ruiz, Senior ve pment Manager Attachments: Exhibit A: Meridian Revised Site Plan Dated 5.19.25 Exhibit B: Meridian Revised Landscape Plan Dated 5.27.25 Exhibit C: Updated Queuing Observations May 2025 Page 20 of 21 Exhibit D: Exhibit Photometric Plan Exhibit E: Operational Noise Exhibit F: Public Works Exhibit G: ACHD Project Memo Page 24 of 21 13502 Hamburger Lane Baldwin Park,Ca 91706-5885 The Best Enterprise 626-813-8200 • Is A Free Enterprise"" May 30, 2025 Meridian City Council 33 E. Broadway Ave. Meridian, Idaho 83642 Re: Decision to be reviewed: Case No. H-2024-0058 In the Matter of the Request for Conditional Use Permit for a Drive- Through Establishment in the C- G Zoning District within 300 Feet of Another Drive- Through Facility,Existing Residences, and a Residential District with Business Hours of Operation from 10: 30 AM until 1: 00 AM Sunday Through Thursday and From 10: 30 AM until 1: 30 AM Friday and Saturday, Located at 5985 & 6037 N. Ten Mile Rd., by In-N- Out Burger. Name and address of person Cassie Ruiz seeking review: 13502 Hamburger Lane Baldwin Park, CA 91706-5885 Dear City Council Members: I. Introduction In-N-Out Burgers ("In-N-Out") respectfully submits the following letter appealing ("Appeal") the City of Meridian ("City") Planning and Zoning Commission's ("Commission") decision("Commission Decision") denying In-N-Out's application for a Conditional Use Permit ("Application") for a drive-through establishment as an accessory to a permitted restaurant ("Project") located at 5985 & 6037 North Ten Mile Road in Meridian, Idaho ("Property"). In support of this Appeal, In-N-Out has evaluated the feedback to its Application and hereby submits the following proposed conditions and supplemental information, which illustrate that the Project's compliance with the Meridian City Code standards, Meridian's Comprehensive Plan, and original development plan for the Property. A. Factual Background In-N-Out intends to operate 3,886 square foot restaurant with indoor seating for 74 people and outdoor seating for 46 people located at 5985 and 6037 North Ten Mile Road in Meridian, Idaho. Because In-N-Out's business is renowned for its drive-throughs, a drive-through is the essential element to the Project. As discussed in more detail below, operating a drive-through within the City requires a conditional use permit in certain circumstances. The Property is located in the C-G district, which permits the restaurant but requires a conditional use permit for the drive-through. Within this C-G district are already several commercial businesses including,but not limited to: • Burger King operating from 6:OOam to 12:OOam on Monday through Saturday, and 7:OOam to 12:OOam on Sunday. • Caf6 Rio operating from 10:30am to 10:OOpm Monday through Saturday, and 11:00am to 10:00pm on Sunday. • Costco operating from 10:00am to 8:30pm on weekdays, with reduced operations on Saturday and Sunday (9:30am to 6:OOpm and 10:00am to 6:OOpm, respectively) • Costco gas station operating from 6:OOam to 10:00pm on weekdays, with reduced operations on Saturday and Sunday(6:OOam to 8:30 PM and 6:OOam-7:30 PM, respectively) Several nearby businesses including Dutch Bros Coffee, Caf6 Rio, Burger King, Swig, Slim Chickens, and Firehouse Subs also operate drive-throughs. is the Project is ideally located near important community pillars, including several public parks, churches and schools. In-N-Out views the neighboring communities as important assets and hopes that many residents and customers who frequent this area will become In-N-Out customers. In-N-Out takes pride in its wholesome reputation offering a safe and clean space for families and friends to hang out and enjoy a burger. The Property is located within a larger shopping complex ("Shopping Complex"). The two parcels involved here were originally proposed to house two individual businesses, rather than just one. The Shopping Complex was proposed in two phases: (1) Phase 1, involving the construction of a 166,000 square-foot Costco warehouse and(2) Phase 2, involving the construction of 60,000 square feet of retail pads, 115 apartment units, and 162 residential homes. Currently, the retail portion of Phase 2 of the Shopping Complex is nearly built out with only three of 10 lots remaining to be developed. However, on a square footage basis, only 31,008 square feet of the originally contemplated 60,000 square feet(less by nearly half) has been built. When the City approved the Shopping Complex's development application, the underlying traffic impact study was a key part of the City's approval. Based on this impact study, the City agreed that Costco shopping complex would require transportation infrastructure improvements and even determined that a variance would help relieve traffic flow concerns. As such, the City required that prior to the first Certificate of Occupancy, SH 2O-26/W. Chinden Blvd. be widened to four lanes with signal/intersection upgrades from Tree Farm to Linder(1.5 miles); North Ten Mile Road would be widened to 4 lanes from Chinden to Walmart(0.80 of a mile); and that Page 2 of 21 signals would be installed at North Black Cat Road and West Lost Rapids Drivel These improvements were developed after City Staff held several additional meetings to review and discuss the Costco application with the Ada County Highway District("ACHD"), Idaho Transportation Department ("ITD"), and the Community Planning Association of Southwest Idaho ("COMPASS").2 These conditions of approval took into account significant traffic increases expected by 2040 as detailed in the Communities in Motion 2040 Plan.3 Based on these discussions and a detailed traffic study, the City approved the development with these specific conditions so that the full buildout of the Shopping Complex—not just Costco—would be supported. These required road improvements are complete. Currently, even with In-N-Out's drive-through proposal, the Shopping Complex is still far below the size and density of the original assumptions identified in the Shopping Complex's site and development plans. B. Procedural Background The Staff Report for this Application was issued on April 12, 2025. In-N-Out received the Staff Report on April 15, 2025 shortly before the April 17, 2025 Planning and Zoning Commission hearing ("Hearing"). In-N-Out was disappointed to see that City Staff did not recommend approving the Application; however, because the Hearing was rapidly approaching, In-N-Out was not able to work with City Staff to revise its Application, submit supplemental information or draft mutually agreeable conditions of approval. At the Hearing, the Commission considered In-N-Out's Conditional Use Permit Application and public comments on the same. Ultimately, the Commission denied the Application on the basis that the proposed restaurant location's hours of operation were not compatible with the residential area to the west and determined that there were substantial traffic concerns, including traffic conflicts that will have a negative impact on the north-south private drive aisle that serves the surrounding commercial area. City's Findings of Fact, Conclusions of Law and Decision& Order(Case No. H-2024-0058 In-N-Out Burger at Ten Mile).4 At the Hearing, the Commission determined that In-N-Out was unwilling to "deviate from its corporate plan," that operational hours and other matters were "non-negotiable," and 1 See Findings of Fact and Conclusions of Law, H-2018-0004 (https://weblink.meridiancity.org/WebLink/PDF10/c3da143f-7d0e-4bf7-al cb- ac935d7407e6/147764), p. 7. Exhibit B.1.l.b.15., c.12., 2 Id. at p.8. 3 Id. at p.11. 4 The Staff Report provides a"note for clarification" stating, "The notice of public hearing included "extended"business hours of operation as the use was believed to abut a residential use and zoning district,which would have limited hours from 6:00 am to 11:00 pm per UDC 11-2B-3B; however, upon closer examination,prior to issuance of the staff report, Staff found the proposed use is actually separated from the residential use/zoning by a 20 foot wide strip of commercially zoned land. Therefore, business hours are not expressly limited by the UDC although they may be limited through the Conditional Use Permit as a condition of approval for compatibility with adjacent uses. The staff report clarified this matter in Section III.0 below and Staff also clarified it verbally at the public hearing. Any references in the staff report to"extended"business hours of operation should be disregarded. Page 3 of 21 that In-N-Out "made it perfectly clear that they're not willing to deviate from their standard business hours."5 The Commission asked In-N-Out whether it was aware of other In-N-Out locations with operating hours outside of In-N-Out's proposed business hours of operations. In- N-Out acknowledged that some stores do close at midnight, and that In-N-Out was willing to provide additional information regarding store operational hours and delivery hours, specifically In-N-Out stated that operational hours were something it would discuss.6 While this response may not have been a clear acknowledgement that In-N-Out is willing to accept conditions of approval, it was certainly not the refusal that the Commissioners construed In-N-Out's response to be. As a result of the Commission's, City Staff s and public's feedback in response to the Application, In-N-Out hereby submits additional material to supplement the record, including a revised proposed site plan dated May 19, 2025 (Exhibit A), revised proposed landscape plan dated May 27, 2025 (Exhibit B), updated queuing observations of the three existing Idaho stores performed in May 2025 (Exhibit C), a proposed photometric plan(Exhibit D), and an operational noise study(Exhibit E). This material is addressed in this appeal and included in this submission. Since the Hearing, In-N-Out also met with City Staff to gather important feedback necessary to address alleged impacts. For example, In-N-Out originally sought to operate from 10:30am to 1:OOam Sunday through Thursday, and from 10:30am to 1:30 am on Friday through Saturday, with deliveries occurring between 2:OOam and 9:OOam. As discussed in its proposed conditions of approval, In-N-Out now offers that it will operate only until 12:OOam every day of the week, and that delivery hours will be restricted to 6:00am until 10:00pm. Thus, this appeal serves two purposes. First, this appeal explains why the Meridian City Council ("City Council") should reverse the Commission's decision because the Commission's decision was legally insufficient and based on inappropriate considerations, given the limited scope of the conditional use request at issue. Second, this appeal sets forth In-N-Out's proposed conditions of approval, which are (a) consistent with the interdepartmental memoranda attached to the original Staff Report, (b) address City Staff s incompatibility concerns, and(c) address a number of concerns expressed by in public comment or by the Commission. Accordingly, In-N- Out respectfully requests approving approval of its Application based on the based on the information and supplemental material provided and discussed herein. IL Legal Standards A. Restaurants are permitted uses in the C-G District and only the proposed drive-through's impacts should be considered. Meridian's Uniform Development Code ("UDC") defines a restaurant as "the use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking 5 See https://www.youtube.com/watch?v=8yLJuAXbeX4 at 4:06:00 (Chair Lorcher's comments); 4:09:40 (Commissioner Rust's comments suggesting a continuance to create conditions of approval for operational hours and other matters); 4:10:35 (Commissioner Sandoval's Comments). 6 See https://www.youtube.com/watch?v=8yLJuAXbeX4 at 3:32:00. Page 4 of 21 facilities, and where meals are regularly served to the public for compensation."UDC § 11-1A- L In-N-Out's proposed restaurant would be located in a"General Retail and Service Commercial District"generally referred to as the "C-G" district. The purpose of a commercial district is "to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan." Specifically in a C-G district, there is the "largest scale and broadest mix of retail, office, service, and light industrial uses."Id. at Table § 11-213-1. Restaurants are permitted uses within the C-G district, meaning that "the use of land or a structure allowed in a specific district as distinguished from an accessory or conditional use." UDC § 11-1A-A (defining "Principal Permitted Use"). In the C-G district,business hours of operation are limited to 6:OOam to 11:00pm only"when the subject property abuts a residential use or district."UDC § 11-213-3(B).' However, when the proposed use does not abut a residential use or district, there are no operational hour restrictions, unless imposed through a conditional use permit as a condition of approval. Drive-throughs, including stacking lanes, speaker and order areas,pickup windows and exit lanes, are typically an accessory use, meaning the drive-through is "incidental and secondary to the principal use and is conducted upon the same property." See UDC § 11-4-3-11(A); UDC § 11-IA-A ("accessory use, nonresidential"). When a drive through is located within 300 feet of another drive-through facility, a residential district, or an existing residence; separated by an arterial street from any other drive-through facility, residential district, or existing residence, or within an O-T zoning district, then a conditional use permit is required. Id. § 11-4-3-11.A.1-3. Such is the case here. As identified in In-N-Out's Application and the Staff Report, In-N-Out's new proposed restaurant location is within 300 feet of another drive-through restaurant(Caf6 Rio). Thus, the proposed drive-through is subject to conditional approval. For the drive-through feature, In-N-Out must meet the specific-use standards outlined at UDC § 11-4-3-11(B), (C), and(D). Under UDC § 11-4-3-11(B), In-N-Out must"identify the stacking lane, menu and speaker location(if applicable), and window location on the certificate of zoning compliance or the conditional use permit."8 UDC § 11-4-3-11(C) requires In-N-Out to submit a site plan that demonstrates "safe pedestrian and vehicular access and circulation on the site and between adjacent properties."In-N-Out must show that: 7 "Hours of operation. Business hours of operation within the L-O and C-N Districts shall be limited from 6:00 a.m. to 10:00 p.m. Business hours of operation within the C-C and C-G Districts shall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. Extended hours of operation in the C-C and C-G Districts may be requested through a conditional use permit. These restrictions apply to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning,bookkeeping, and after hours work by a limited number of employees. UDC § 11-2B-3(B) (emphasis added). s UDC § 11-4-3-11(B) also prohibits the use of speakers. As In-N-Out's proposed location is not within an O-T zoning district, this limitation does not apply. Page 5 of 21 • stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons. • the stacking lane has a separate lane from the circulation lanes needed for access and parking, except that stacking lanes may provide access to designated employee parking. • the stacking lane is not located within 10 feet of any residential district or existing residence. • if the stacking lane is greater than 100 feet in length, In-N-Out's site design has provided an escape lane. • the drive-through is visible from a public street for surveillance purposes. UDC § 11-4-32-11(C)(1)-(5). More generally, under the UDC, all conditional uses must adhere to several Conditional Use Standards. "In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this title [the UDC] that(1) Minimize adverse impact of the use on other property; (2) Control the sequence and timing of the use; (3) Control the duration of the use; (4) Assure that the use and the property in which the use is located is maintained properly; (5) Designate the exact location and nature of the use and the property development; (6) Require the provision for on site or off-site public facilities or services; (7) Require more restrictive standards than those generally required in this title; (8) Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city."UDC § 11-5B-6. The decision-making body, must"base its determination on the conditional use permit" on the following findings: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Page 6 of 21 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties.9 UDC § 11-513-6. In-N-Out's proposed restaurant is permitted by right, subject only to design-related standards outlined above. For the purposes of approving or denying In-N-Out's Application, the City Council should only consider the proposed drive-through operation and its impacts, and not the operation of a restaurant as a whole. Thus, any impacts that would arise from operating a restaurant without a drive-through (e.g., noise from slamming car doors, vehicle headlights in a parking lot pointed toward the Olivia residential development, building and parking lot lighting) should not be considered for the purposes of evaluating the conditional use required findings, approval, denial, or adopting conditions of approval. However, the City Council may consider such impacts that arise specifically from operating a drive-through when evaluating these matters. B. Standard of Review The City Council reviews Commission decisions under a de novo standard of review. UDC § 11-5A-7(C) ("All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in [UDC] Section 11-5A-6") "A de novo review means `a trying of the matter anew--the same as if it had never been heard before."'Marcia T. Turner, L.L.C. v. City of Twin Falls, 144 Idaho 203, 211, 159 P.3d 840, 848 (2007) (upholding a city council's decision to consider emails sent to the Council after a P&Z Commission decision); see also Gilbert v. Moore, 108 Idaho 165, 168, 697 P.2d 1179, 1182 (1985). When the City Council reviews a decision under a de novo standard of review, it not confined to the record made before the P&Z Commission and may consider new information. Twin Falls, 144 Idaho at 211; UDC § 11-5A-7(D). The City Council is "not required to address the P&Z Commission's findings or decision, nor [is] it required to find that the Commission made a legal error or that its findings lacked support in the record." Twin Falls, 144 Idaho at 211. The Council's de novo review has "the effect of removing the P&Z Commission's decision from the record."Id. (citations omitted). III. Proposed Conditions of Approval In-N-Out understands that it is atypical for a conditional use permit applicant to present its own conditions of approval without input from City Staff. However, In-N-Out presents these proposed conditions of approval to show its good faith efforts to mitigate or resolve any alleged impacts from its proposed drive through. In-N-Out suggests the following conditions of approval: 9 City Staff determined, and In-N-Out agrees, that the conditional use requirement number nine does not apply to In-N-Out's Application because there is no nonconforming use involved here. Therefore, In-N-Out does not discuss this conditional use requirements in this appeal. Page 7 of 21 1. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of the building and landscaping so that visual and acoustic impacts of these functions are contained and out of view from adjacent properties as set forth in UDC 11-3A-12. 2. Food service hours of operation shall be from 6:00 am-12:00 am, seven days a week. 3. In-N-Out shall provide pedestrian sidewalks along the western and northern edges of the property connecting the public right of way between Lost Rapids Drive at the southwest and N. 10 Mile Road at the northeast as shown on the attached revised site plan dated May 19, 2025 . 4. Landscaping along the western and southern portions of the property shall be as provided in In-N-Out's revised landscape plan dated May 27, 2025. 5. Routine ingredient deliveries shall take place between the hours of 6:00 am— 10:00 pm. 6. The primary delivery access for In-N-Out-operated delivery trucks shall be from the driveway access via N. Ten Mile Road approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway approximately 350 feet west of N. Ten Mile Road may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. 7. Parking lot lighting shall be designed with lighting levels in conformance to the attached photometric plan. 8. Parking lot lights and signs shall be turned off after closing to the public, with the exception of those lights necessary to maintain public and In-N-Out Burger Associates' safety and security. 9. No stacking is permitted in outside travel lane serving as an escape lane; In-N-Out shall install signage that notifies patrons to not block escape lanes or exits. In-N-Out also agrees to all Ada County Highway District and Meridian Public Works proposed conditions, as set forth in Exhibit F. IV. Grounds for Appeal As mentioned above, the City Council should reverse the Commission's decision for several reasons: (1) the Commission's decision was legally insufficient under Idaho case law; (2) the Commission made its decision based on considerations outside the limited scope of the conditional use request; and(3) as shown by the record below, and in the supplemental information discussed here, In-N-Out has met the conditional use required findings. These points are covered more fully below. A. The Commission's decision was insufficient under Idaho case law and should be set aside by the City Council. The Commission's one-and-a-half-page long decision does not meet the "reasoned statement" standards outlined in Idaho's Local Land Use Planning Act ("LLUPA") or the case law arising out of this Act. As a result, the Commission's decision is invalid and must be overturned by the City Council. Page 8 of 21 Idaho Code § 67-6535 requires that any"approval or denial of any application required or authorized pursuant to [LLUPA] shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance or other appropriate ordinance or regulation of the city or county."An approval or denial must be "in writing and accompanied by a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions,pertinent constitutional principles and factual information contained in the record." Idaho Code § 67- 6535(2). If a decision-making body"fail[s] to identify the nature of compliance or noncompliance with express approval standards or fail[s] to explain compliance or noncompliance with relevant decision criteria" in writing, the denial shall be invalidated on appeal.Id. § 65-6735(2)(a). Recently the Idaho Supreme Court reiterated that "[i]t is well established that LLUPA requires a decision-maker to issue a written statement in support of its decision, setting forth the relevant contested facts relied upon, and explaining the criteria and standards it considered relevant." Veterans Park Neighborhood Assn, Inc. v. City of Boise, 564 P.3d 350, 364 (Idaho 2025) ("VPNA"). A mere recitation of portions of the record, rather than determinations of facts disputed is insufficient under LLUPA.Id. citing Jasso v. Camas Cnty., 151 Idaho 790, 794, 264 P.3d 897, 901 (2011). When a decision does not measure up to LLUPA's "reasoned statement" standard, it violates an Applicant's substantial right to due process.Jasso v. Camas Cnty., 151 Idaho 790, 792, 264 P.3d 897, 899 (2011). The VPNA case involved Interfaith Sanctuary's request for a conditional use permit operate a homeless shelter in Boise, Idaho near the Veterans Park Neighborhood. The matter first went before the Boise City Planning and Zoning Commission which denied the conditional use permit primarily because Interfaith Sanctuary had not created a security plan, and there would be adverse impacts to neighboring communities, city-funded emergency responders like firefighters and police, and Interfaith Sanctuary would not provide assurances that it would mitigate the homeless shelter's adverse impacts on the community. VPNA v. City of Boise, 564 P.3d 350, 356 (Idaho 2025). Further, according to the Boise Planning and Zoning Commission, Interfaith Sanctuary's materials did not provide enough information to allow the Commissioners to craft conditions of approval. Interfaith Sanctuary then appealed to the Boise City Council which reversed the conditional use permit denial. After this approval, VPNA brought a judicial appeal which ended up before the Idaho Supreme Court. The Idaho Supreme Court specifically found that the Boise City Council's one and one- half page reasoned statement, and conditions of approval were inadequate even when referencing nearly 40 hours of public hearing and thousands of pages of submissions. The Court noted that the Boise City Council's decision offered only summary conclusions, but did not"attempt to wrestle with any of the controversy." For example, the Boise City Council's decision offered the blanket statement that"[c]onditions of approval will ensure that the shelter does not adversely impact other property in the vicinity." But the City Council's decision stopped short of explaining how conditions of approval would address concerns raised by VPNA and other members of the public. The Court also criticized the Boise City Council for incorporating by reference 30 conditions of approval to provide explanatory support for the Council's decision.Id. at 368. While the Court agreed that it could read these conditions in concert with the reasoned Page 9 of 21 statement, the conditions alone did not render valid the conclusory opinion by providing a clear explanation or guidance demonstrating the facts that the Boise City Council relied on. Similarly, in Jasso v. Camas County, the Court invalidated a Board of County Commissioners' decision when the findings of fact were mere recitations of procedural history. In that case, the Board of County Commissioners merely recited that a preliminary plat application and reports were submitted, that expert and agency recommendations were made, that fees were paid, and hearings were held. These facts were not enough to create the required reasoned statement under LLUPA. 151 Idaho 790, 795, 264 P.3d 897, 902 (2011). Further, the Board of County Commissioners' conclusions of law consisted of merely eight short statements detailing the contents of the record(e.g., that a warranty deed and easement were included in the application file; that an engineering report had been submitted and deemed complete). This decision was both legally insufficient to withstand judicial review, and violated the applicant's due process rights.Id. The Commission's decision here is similarly inadequate. The Commission's findings of fact here are not full sentences and merely list"Hearing Facts," "Process Facts," "Application and Property Facts," and Required Findings per the Unified Development Code"with cross references to the Staff Report. The Commission provided no explanation as to why some facts were accepted as relevant, valid, or truthful, while others were disregarded. Indeed, In-N-Out is not able to fully refute the findings of fact simply because it unclear which facts the Commission specifically relied on. To refute each and every fact brought before the Commission by City Staff and the public would result in a far lengthier appeal than this document. In addition, the conclusions of law are not actually conclusions of law determining how the UDC applies to the facts before the Commission. Instead, they are simply sentences discussing that the Commission has power under LLUPA; an acknowledgement of the UDC and Comprehensive Plan; an acknowledgement that the Commission considered comments from agencies; and a statement that the Commission granted an order of denial. The conclusion of law #4 even states that"[i]t 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."Decision, at 1. Yet, there are no conditions of approval attached, nor are there any factual findings discussing governmental services outside of the record's contents. It is difficult and nearly impossible for In-N-Out to fully refute the facts the Commissioners relied on, and the conclusions made by the Commissioners simply because they are no where to be found in the Commission's Decision. And even when reviewing the record, In-N-Out must infer the facts the Commissioners deemed relevant. In-N-Out acknowledges that there is no "particular form required, and no magic words need be employed,"to establish a sufficient statement.Jasso, 151 Idaho at 796. But without a more detailed reasoned statement, In-N-Out will be denied the opportunity to seek meaningful judicial review of any denial and thus, In-N-Out's right to substantial due process will be denied should the Commission decision remain in place. Id. Thus the City Council must reverse the Commission's decision. And, as outlined below, it is not appropriate for the City Council to simply issue a more detailed denial of In-N-Out's proposed conditional use. Instead, based on the credible, reliable, Page 10 of 21 and substantial evidence already provided by In-N-Out at the Hearing, and provided here as supplemental information, the City Council should approve this conditional use. B. In-N-Out's Application meets each of the conditional use requirements. 1. In-N-Out's proposed location is large enough to accommodate the proposed use and meets all the dimensional development requirement regulations in the district in which the use is located. The Property consists of two parcels, totaling approximately 2.2 acres. Other Treasure Valley locations are nearly an acre smaller than this proposed location. The In-N-Out located at The Village Shopping Center is 1.2 acres. The Nampa location is 1.4 acres. The In-N-Out location in the Boise Town Square mall is 0.86 acres. Here, the restaurant itself would be 3,886 square feet, leaving the remainder of the Site (91,946 square feet or about 2.1 acres) available for parking, queue stacking, an escape lane, landscaping, and family-friendly outdoor seating. City Staff determined that the proposed use will comply with the dimensional standards for the C-G District identified in Table 11-213-13. Drive through establishments must also comply with the specific design standards set forth at UDC § 11-4-3-11. With certain design modifications, which In-N-Out is agreeable to, the Project will also comply with § 11-4-3-11, the design standards for a drive-through establishment. City Staff determined that the Property would not have "sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons."Decision, at 11 (marked as p. 84 in Department Report). Yet, City Staff also acknowledged that since opening "activity at that location [the Meridian Village location] has decreased, resulting in reduced stacking and impact on adjacent properties" Staff Report at § III.C.3(3). Under In-N-Out's proposed plan,parking at the Property can accommodate 73 cars, which far exceeds the UDC requirement that In-N-Out provide 16 parking spaces (one parking space is required for every 250 square foot of gross floor area under UDC § I 1-4-3-49). Further, In-N-Out's site design shows capacity for 29 vehicles in the stacking lanes. After operations normalize after opening, In-N-Out anticipates this capacity being sufficient to manage on and offsite impacts. At its Village location, the maximum observed queue during a survey occurring in December 2024 was 46 cars. The weekday dinner average queue for that location was about 30 cars. In response to Commission's concerns regarding traffic, In-N-Out Burger commissioned an additional survey of its drive through queues at the Village, Boise, and Nampa locations (attached hereto as Exhibit Q. The results of this study show that there will be sufficient capacity at the Site. Each metric measured- average, 85th percentile, 951h percentile and max peak queues - decreased from the original observations from December 2024. Specifically at The Village, the results from the recent May 2025 survey yielded a decrease of over 20% in the maximum observed queue to 34 cars and the weekday dinner average queue decreased by over 25%to 22 cars. It should be noted that these queue counts can be accommodated within the proposed site without impacting the southernmost driveway access to the Site, nor the private access road from West Lost Rapids Drive into the shopping center. Per the original Focused Traffic Analysis provided with the initial application, the average queue for stores in comparable Page 11 of 21 areas is about 27 cars, once restaurant operations normalize, which is accommodated by the dedicated drive-through lane proposed in the Site Plan. Should queuing exceed capacity, In-N-Out effectively implements overflow management plans. Store associates are trained in directing traffic and managing vehicles in an orderly fashion. As noted in the Hearing through public comment and reiterated here, the In-N-Out location in Nampa is considerably smaller size, yet In-N-Out has proven to responsibly manage car queues and crowds such that there is not spillover onto neighboring properties, drive aisles, or other offsite locations. 2. In-N-Out's proposed location will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of the UDC. The Commission adopted into its Findings of Fact the Staff Report created for the Hearing. For this required finding, City Staff wrote "the proposed infill development will not be harmonious with the Comprehensive Plan in that the proposed use and hours of operation will negatively impact abutting existing residential development, area residents that live nearby traveling on Lost Rapids and patrons of other commercial uses in the area due to excessive noise, traffic and congestion."Decision, at 11 (marked as p. 84 in Department Report). In adopting the Staff s findings, the Commission provided no references to the Comprehensive Plan itself and instead offers a blanket statement about the incompatibility of the uses. However, In-N-Out refutes this incompatibility finding. In-N-Out's proposed location is harmonious with the Meridian City Comprehensive Plan and consistent with the Comprehensive Plan's focus on private property rights. Comprehensive Plan, 3-3. It goes without saying that Meridian in general, and the Ten Mile and Chinden Road area specifically, is bustling with economic growth. Meridian's Comprehensive Plan ("Comprehensive Plan") highlights the importance of a vibrant, diverse, clean, safe, and secure community in which to live, work, and thrive. As noted in the Comprehensive Plan, "Meridian has seen a significant increase in population over the last decade and it is predicted to grow another 52%between 2017 and 2040."Plan at 1-7. The City's economic goals and objectives include: • Promoting "business retention, expansion, and improvement programs"; • "Proactively recruit[ing] and attract[ing] new businesses to the area"; • "Capitaliz[ing] on the City's central location by promoting more tourism and business growth along entryways and key corridors." • "Creat[ing] positive, vibrant, and accessible commercial activity centers within the community." Comprehensive Plan, at 2-13, -14. In-N-Out shares these values, making Ten Mile and Chinden an ideal location for its business. In-N-Out's proposed location is nestled near several other successful businesses and community gathering places, including Costco, several churches, and other restaurants. In-N- Out specifically identified this location as desirable due to customer convenience, its proximity Page 12 of 21 to In-N-Out owned and operated distribution centers (ensuring fresh delivery of ingredients), and the location's high visibility. In-N-Out is renowned for its workplace practices and paying its associates significantly higher wages than industry standards. In fact, In-N-Out was recently named the number three best place to work nationwide on Glassdoor's 2025 Best Places to Work, with reviewers positively citing In-N-Out's company culture,pay, flexible hours,benefits, and ability to advance in the company. Starting wage for store associates is $17.50 per hour and the average associate makes $19.21 per hour, far better than Idaho's $7.25 minimum wage. In-N-Out also prides itself in attracting, training, and retaining talented employees who often make In-N-Out their lifelong company. This is consistent with the Comprehensive Plan's Economic Excellence goals which focus on increasing average income and stimulating economic investment in the community.10 In-N-Out locations, on average, employ 95 associates per store, offering each of them the opportunity to grow with the company should they so choose. These careers are also diverse, offering both full and part-time positions. This location also offers a thoughtful transition between residential and commercial uses. The proposed restaurant, located in a commercial C-G district, is also located near an R-40 district (high-density residential). The Comprehensive Plan acknowledges that high-density residential districts are "typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents." The nearby R-8 district (medium-density residential) is buffered from the C-G district where the proposed restaurant would be located by limited office and the higher density residential district by a roadway, and significant landscaping area. This ensures a gradual and appropriate transition between residential and higher-density commercial uses. Given the proximity of the residential areas, churches, schools, and parks, this location offers a central location for community members to gather and enjoy an affordable fresh meal, in a clean family-friendly atmosphere. In-N-Out has also discussed revisions to its Site Design with City Staff and implemented those in its updated Site Plan to further improve the Site's safe pedestrian access and community connectedness. Overall the proposed location is consistent with the Comprehensive Plan's goals to achieve a premier, evolving, livable, vibrant and connected Meridian. To the limited extent that the record shows alleged incompatibility with neighboring land, such impacts can be reduced or eliminated by In-N-Out's proposed conditions of approval. And to the extent that City Staff determined that the proposed use is inconsistent with the Comprehensive plan due to excessive noise, traffic and congestion, In-N-Out has provided additional information refuting these findings as discussed further herein. 3. In-N-Out's drive-through design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. to https://meridiancity.org/community-development/planning/comprehensive-plan/premier/ Page 43 of 21 The Commission's Decision City Staffs' findings that the proposed In-N-Out location's "design and operation of the proposed use will not be compatible with other residential and commercial uses in the general neighborhood, due to noise, air quality and transportation impacts, which are already challenging in this area and will be exacerbated with the proposed use ...which will adversely change the essential character of the area. Each of these impacts is discussed below. a. Noise First, it should be noted that In-N-Out's proposed location is already in a heavily populated and trafficked area. Costco, with its many daily deliveries and hundreds of customers per day, is of course a bustling location throughout most of the day. Carts rumbling, car doors slamming, cars honking,people talking loudly, and the general machine noise that comes from operating a warehouse with large HVAC systems, garage doors, parking lot maintenance are all inherent to commercial development located in a C-G zone. This noise is consistent with the essential character of a C-G zone. Adjacent to In-N-Out's proposed location, Ten Mile Road is a main roadway and, with its arterial status, there is road noise from cars and truck traffic. Additionally, there are several other drive-through locations, including Caf6 Rio and Burger King, near In-N-Out's proposed location, which also have speaker systems. The noise that would be generated by In-N-Out's drive-through is consistent with these uses. Much of the noise identified during Hearing by the public and the Commissioners would still exist for any permitted use allowed at this location. Animal care facilities, churches, educational institutions, food truck courts, minor vehicle repairs and other permitted uses will all involve outdoor conservational, car, and delivery noises. That said, In-N-Out has heard the concerns of neighboring residents in the Olivia Apartments and Townhomes and the residential area beyond. To the extent that noise concerns remain, In-N-Out has completed and provided a Noise Study(attached Exhibit E) assessing and discussing operational noise impacts. This Noise Study took measurements over the course of 24 hours and determined that the daytime (7:OOAM -7:OOPM) ambient noise level was around 67 dBA; the evening (7:OOPM-10:OOPM) ambient noise level was about 71.9 dBA; and the nighttime (10:00PM—7:OOAM) ambient noise level was about 67.3 dBA. The 24-hour CNEL (community noise equivalent)was 67.5 dBA. This noise level correlates to a normal conversation or a business office.11 In-N-Out's Noise Study considers noise related to drive- through traffic, parking, amplified speech emanating from a speaker and considers its range accounting for changes in topography. Even when modeling for operational noise and truck deliveries, the Noise Study does not anticipate noise exceedances over this level of ambient noise. Further the study illustrates that there will be no increases in noise that would be generally perceptible to the human ear or otherwise result in disturbance to everyday speech and sleep conditions. Exhibit E. To the extent that the Commission and residents identified noise concerns, these are likely to go unrealized given In-N-Out's thoughtful approach to its store operations. First, with 11 See Yale University Health& Safety, Decibel Level Comparison Chart, at https://ehs.yale.edu/noise-hearing-conservation. Page 14 of 21 respect to truck deliveries, In-N-Out has designed this project such that trucks may pull through with deliveries. There should be little need for delivery trucks to back up, and thus, very little need for backup beepers. Should the need to back up to the restaurant building arise, In-N-Out owns, operates, and controls its delivery trucks and thus can set strict time parameters for when a driver would be allowed to back up at the Site, effectively eliminating concerns regarding backup beepers. And, as mentioned above, In-N-Out is agreeable to conditions limiting ingredient deliveries to specific hours between 6:OOam and 10:00pm. Further, truck noise associated with ingredient deliveries would generally occur, at most, once per day. There are very few instances where trucks must deliver ingredients more than once per day, and more typically, deliveries occur every other day. Further, to take and receive orders, In-N-Out uses speaker systems that involve Manual Volume Control and Ambient Noise Compensation. These speakers ensure clear communication between the customer and the speaker, reducing the need for repeating orders. These systems also adjust to ambient noise levels, resulting in an overall quieter speaker. In-N-Out maintains control of the noise emanating from the Property by its manual controls. Further, In-N-Out places its speakers accordance with operational manuals and best management practices to ensure that these speaker systems are not a nuisance. This project was designed specifically placing the speakers along the North Ten Mile frontage of the site near the existing noise and activity of the five-lane arterial road. In-N-Out is also aware of the Meridian City Code provisions prohibiting horns and sirens,building noises, audio equipment and more set forth in Meridian Code § 6-3-6 and will comply with those code requirements. Thus, operational noise is compatible with other uses, including the residential uses, the commercial uses in the general area, and the intended character of the C-G district, and is consistent with the essential character of the already industrialized area. b. Traffic and Congestion City Staff also determined that traffic congestion would be incompatible with the character of the general area and would adversely change the essential character of the area. The arguments that an In-N-Out location would cause excessive traffic and congestion were based on anecdotal evidence presented by the public. In-N-Out reiterates that traffic generated by a permitted use should not have been considered by the Commission in reaching its Decision. The information provided below shows that a drive-through operation is a prudent choice for this location. It appears that the Commission incorrectly correlated increased traffic impacts with drive-through queue impacts as a potential source for backup into public roads. However, the drive-through queue will not back up into public roads, as discussed in the Traffic Study presented to the Commissioners. In-N-Out provided a detailed traffic study that came to the following important conclusions: • Based on the Ganddini Group's analysis, it is not anticipated that In-N-Out's proposed use will negatively impact the intersection of Lost Rapids Drive and Ten Page 15 of 21 Mile Road. Data show that intersection queuing has only a five percent probability of being exceeded during a given time period. • This location has been specifically designed to accommodate large crowds such that they enter and exit the location efficiently. This Property, consisting of two parcels, is significantly larger than other Treasure Valley locations, which have proven to operate efficiently and without traffic impacts to neighboring properties, and contains significantly more drive through queuing. This location will also be operated with three grills, to ensure consistent queue service. In all In- N-Out locations, once queue lengths reach the menu board and speaker box, associates are directed to take orders via wireless handheld ordering systems allowing orders to be processed sooner and ready by the time the vehicle reaches a pickup window. At all times, locations are monitored by a camera system so that management-level employees can control and assist with queue management. • The two proposed drive-through stacking lanes are quite long, and data show that the proposed queuing capacity and additional site vehicular storage are sufficient to accommodate even the largest crowds for peak business, and contain patrons within the footprint of the In-N-Out location's boundaries. • As In-N-Out continues to expand throughout the Treasure Valley, Idaho in general, and in neighboring states, customer demand distributes more evenly across numerous stores. This trend has been observed and confirmed through data shown at multiple In-N-Out locations. In-N-Out stores located in the same city typically have a symbiotic relationship where multiple stores work together to serve customers more efficiently, resulting in shorter queue lengths over time. There is no evidence, outside of anecdotes, that operating a drive through will create congestion on public roads. While the public's insights here are important, anecdotes and hypothetical concerns are not equal to the data and studies that In-N-Out has performed, not only in preparation for this Application, but in choosing this location in general. Indeed, this shopping complex was designed recognizing traffic congestion in this area, as discussed above. These data show that increased traffic and congestion in the area directly attributable to In-N-Out's proposed drive-through operation are unlikely because expanded area road systems and light- guided intersections can adequately distribute traffic. To claim now that the project cannot support In-N-Out's traffic or circulation belies the data that City Council unanimously adopted with the original Costco shopping complex application. Further, ACHD was intimately involved traffic planning for In-N-Out's Village location, and offered significant feedback during that proposal. In-N-Out notes that ACHD offered no comments here besides those providing routine comments that In-N-Out must comply with its policies for any future work within the roadway right-of-way or related matters. It is telling that ACHD "determined that there are no improvements required to the adjacent street(s)."12 12 Letter from Matt Pak, Development Services Planner, ACHD to Todd Smith, In-N-Out Burger (Nov. 1, 2024), at 1-3. Page 16 of 21 The above-discussed factors show that In-N-Out's proposed drive-through is compatible with the neighboring C-G district, uses beyond the immediately adjacent districts, and does not negatively change the essential character of this area. Thus, the Council should find that this conditional use requirement is met here. 4. In-N-Out's proposed use, if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission incorporated City Staffs' findings that the proposed In-N-Out location will "adversely affect other properties in the vicinity of, and thus denies the proposed use." Decision at, 12 (marked as p. 85 in Department Report). But neither City Staff, nor the Commission identified measured data supporting this finding and also failed to offer any potential conditions of approval to mitigate their concerns, and In-N-Out's proposed conditional use necessitated more discussion than this abbreviated response. First, since Commission determined that there would be adverse effects in its Decision and Order(notably, only that "hours of operation are not compatible with the residential area to the west" and that there would be "substantial traffic concerns, including traffic conflicts" Decision, at 2.C.1.), it must consider whether conditions of approval and adherence to those conditions of approval could mitigate or eliminate those adverse effects. City Staff presented no proposed conditions of approval to Commission. And although the Commissioners did question whether conditions of approval could mitigate these effects, the Commissioners ultimately determined that they would not explore this discussion and summarily denied In-N-Out's conditional use application. To the limited extent that the Commission identified these potential impacts, the proposed conditions of approval discussed above mitigate such concerns by keeping In-N-Out's operating hours and practices consistent with those already existing in the C-G district, including housing, Costco, and several other drive-through establishments. In-N-Out's proposed conditions of approval ensure during the evenings, residents will not be disturbed through additional noise and visual impacts beyond what already exists near these residential uses, and what would exist for any permitted use. And, as discussed above, there is no true incompatibility related to traffic impacting the north-south drive aisle that serves the surrounding commercial area. But, to the extent that such impacts are predicted, they can be mitigated by In-N-Out's proposal to direct site access via certain routes when specific conditions are present. Therefore, the City Council should find that In-N-Out's proposed use will not adversely affect property in its vicinity when it acts in compliance with In-N-Out's proposed conditions of approval. 5. In-N-Out's proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. City Staff determined that In-N-Out's location will be adequately served by essential public facilities and services. All In-N-Out locations are designed with police, fire, and emergency services access in mind. In-N-Out anticipates no school impacts. Public Works and Page 17 of 21 transportation agencies (ACHD and ITD) identified no adverse impact to roads and no need for additional infrastructure beyond what In-N-Out identified in its Application, specifically its site plan. Further, these matters were already taken into consideration during the design of the Shopping Complex, as discussed above. Thus, City Council should find that this conditional use requirement is met. 6. In-N-Out's proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community The Commission incorporated City Staff s findings that the proposed In-N-Out location "will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community."Decision, at 12 (marked as p. 85 in Department Report). In-N-Out agrees and reiterates that there are not excessive additional public costs associated with the proposed development. As evidenced by the record, transportation, school, and environmental agencies and entities offered no comments illustrating the need for additional public services. To the extent that Meridian Public Works requested general and specific conditions of approval for water and fire hydrant easements, specific water and sewer development standards, and similar, In-N-Out accepts these suggested conditions of approval as workable within its site design and will work with Meridian Public Works to meet these goals. Thus, the City Council should find that this conditional use requirement is met. 7. In-N-Out's proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Staff found that In-N-Out's proposed use will involve conditions that will be detrimental to persons,property, and the general welfare based on excessive exhaust fumes and traffic congestion. Because traffic was addressed above in Section IV.B.3, these points are not repeated here. a. Air Quality With respect to air quality, In-N-Out's proposed location is already in a heavily populated and trafficked area. During the Hearing, Commissioners noted the high likelihood that another drive-through restaurant would likely be developed in this location if In-N-Out did not develop here. Any other restaurant and/or drive-through would likely have similar air quality impacts, and many permitted uses, including food trucks operating from diesel generators or minor vehicle repairs would also involve idling motors contributing to air quality issues, perhaps to an extent greater than In-N-Out's proposed use. The agency charged with air quality regulation, the Idaho Department of Environmental Quality, offered no comments or recommendations regarding air quality concerns. In fact, United States Department of Environmental Protection Agency("EPA") air quality data show that Ada County as a whole has good to moderate air quality, with most days with unhealthy air quality likely being attributable to factors like wildfire and weather-driven inversions common in the Page 18 of 21 Treasure Valley.13 The graph below, showing EPA data, confirms this fact. It is unlikely that operating this drive-through creates the excessive fumes needed to tip the Meridian's scales to unhealthy to hazardous air quality, such that the general welfare would be put at risk. Thus, air quality impacts do not render the proposed drive through detrimental to persons, property, or general welfare by excessive fume production. Daily AQI Values,2015 to 2025 Ada County.ID JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2015110 Ell I ■�■I I I II■ 11m■ Is insi� ��0III 2016 1�1—�I�M1II III II Mill III IIII I1�1■s1mml111 2017 —2018 _M1��II���II II 111 I'm II I �■ I 111�■ 20191■ 1��—��0=M1mm11 Imimmimiii II ■1�� �1 ■ 1 Mill I1 Mimi 2020W-I�I��� �I■I I III 1011 I ■ 0 M I M I 1■ 1 2021 I ■mI�=m�imimmimi 11 1 lmmimm■ ■I MIN 2022 in20231�■IM■� � 1��1�11 IIII limm�mI�IIIII 202410l1 ■IMIl■1110111I 1111 iIIIINMI 1■ ■ 20251=11 11■M11111111111 I II I I I I II 11 AQI Category 1 Good(<=50 AQI) Moderate(51.100 AQI) 1 Unhealthy for Sensitive Groups(101.150 AQI) 1 Unhealthy(151-200 AQI) 1 Very Unhealthy(201-300 AQI) 1 Hazardous(>=301 AQI) Source:U.S.EPA AirData<ht1ps:Nwww.epa.gov1air-data> Generated: May 21.2025 b. Light In-N-Out has prepared a photometric plan, included here as Exhibit D, to reflect the proposed lighting levels of the property associated with the In-N-Out development. As shown , the light impacts from In-N-Out's drive through are minimal. Further, any commercial retail user developing this site will have light impacts, as any such user would have similar parking lot lighting for safety and operational purposes, in conformance with the UDC's lighting mandates. As is customary with all retail uses, parking lot lights remain on at night during business operational hours and, except for the minimum security lights for public safety and security purposes, parking lot lights and lighted signs would be turned off upon closing. Similar lighting 13 See EPA, Air Now Interactive Map of Air Quality and archived information, https:Hgispub.epa.gov/aimow/index.html?tab=3; Boise State University, Air Quality and Smoke, https://www.boisestate.edu/research-hcri/resources-hazards/air-quality-and- smoke/#:—:text=Another%20cause%20of%20poor%20air,air%20quality%20reaches%20unhealt by%20conditions; Idaho Department of Environmental Quality, Regional Air Quality Plans and Reports, https://www.deq.idaho.gov/air-quality/regional-air-quality- reports/#:—:text=Air%20quality%20in%20the%20Lewiston,report%20available%20at%20this% 20time. Page 19 of 21 is installed for all of the existing commercial uses, including the access road lighting abutting the residential uses to the west. Further, In-N-Out's site plan shows that vehicle lights, when waiting in the drive-through queue, are not pointed toward residences. Vehicle lights are instead pointed toward Ten Mile Road, and eventually hidden behind the In-N-Out store. Only when vehicles exit the drive- through lane will vehicle lights be pointed toward the residences. And, as shown in In-N-Out's landscaping plans, In-N-Out has proposed landscaping that minimizes such impacts. Thus, the alleged light impacts from operating a drive-through do not render the proposed drive through detrimental to persons,property, or general welfare by excessive glare or light production. In-N- Out's proposed lighting plan ensures that pedestrians and employees remain safe during nighttime hours. 8. In-N-Out's proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Staff found that the proposed location"will not result in the destruction, loss or damage of any such features."Decision, at 12 (marked as p. 85 in the Department Report). In-N- Out agrees and reiterates here that there are no natural, scenic, or historic features at the Site that will be impaired or impacted by any future construction or operation of an In-N-Out location. Thus, City Council should find that this conditional use requirement is met. V. Conclusion As set forth here, and supported by substantial evidence in the record, In-N-Out has met the required findings for a conditional use permit outlined in UDC § 11-513-6. And, as shown in its site plan, will comply with all necessary design standards outlined in the UDC. In-N-Out has repeatedly demonstrated that it operates its Treasure Valley restaurants responsibly and has kept its promises to efficiently manage its restaurants. In-N-Out has cultivated good relationships with neighboring landowners and government agencies providing services to In-N-Out, as evidenced by those individuals who spoke in In-N-Out's favor during the Commission Hearing. These conclusions are supported both in anecdote from government officials and data presented here by In-N-Out. Thus, In-N-Out respectfully requests that the City Council reverse the Commission's denial of In-N-Out's requested drive through conditional use permit, and approve In-N-Out's construction and operation of this drive through. Respectfully submitted this 30th day of May, 2 25, Cassie Ruiz, Senior ve pment Manager Attachments: Exhibit A: Meridian Revised Site Plan Dated 5.19.25 Exhibit B: Meridian Revised Landscape Plan Dated 5.27.25 Exhibit C: Updated Queuing Observations May 2025 Page 20 of 21 Exhibit D: Exhibit Photometric Plan Exhibit E: Operational Noise Exhibit F: Public Works Exhibit G: ACHD Project Memo Page 24 of 21 Exhibit A-Meridian RevisedY Site Plan dated 5.19.25 II ENQu —a ,.x,Ea,. L d Q i nwu•ox�a., ®�"Rx<a P.Bw,.0 Tilixxox�� o I I � •�II I I �� .. ��. i !► ;=gin �x »w.x«... 1A9 � na me ,y o� I a I r�E per �o � I I I .I xN — _— I C£NERALxNOTESx^�E s — 111 s r�„ � nna,ewczxn ._o,ea uertz,ox � I w __{. zusnxv ory z«c c o x x,u. svx auu w.. IR. IN � n n cl} A oxA�«=2ZwE._,za,,..,�xcn,x..,"..�,...a 41 „ .I' I � I n I I —r za»a s I,n.4 f �xr II ti� 7�I I' Z a � 'I 7 I Z I 1, I A � «_,o �x�. a ffi Ix "II .v .9j r "sR ,,SHEET INDEX OF CITY ENTIREMENT DRAWINGS IN IN r 0 aio°n cm — , W. LOST RAPIDS - - (PIRL'.STRE DRIVE 'INGERI"E da.g`o SOI ro A- o"'R'°"R "`MSL IN-N-OUT BURGER a CITY ENTITLEMENT J ENGINEERING INC `pe oc 6985 AND 603T N.TEN MILE ROAD AAs°a1,as $�1���1'�` — _ NEW SITE PLAN IW-W-OUT 0 Qr1[]tlf�p sb a a FIa� MERIDIAN,ID 83646 RUR66R s errocz vouo 0T' — � � � C90.0 Exhibit B-Meridian Revised Landscape Plan dated 5.27.25 I PLANTING LEGEND I I II I �x,xcox snE.�.srox.n<.., O< Ir PE,—« w,nm r: , O xxo— aumoE�rox �x.xx�s O 4 �r.NEnsE.:x N .n 0 CONSTRUCTION LEGEND s.a��r�xxm ,�oxmo 3,xµm mm�m�,xnx xw.oux,Ex=w�o�oa.n c�xxmx�xusx mnu>c�....u,�E�xmua� �nmooExoa �wEwn��xr.,� ,xm�Ao,ox -------- --- r— LANDSCAPE BOULDER LEGEND a c. © sc,ucx mo.c. «ee lx.N1+LE9GPLx� II' amnr ' 3F•x' rnwam,em Encswo ® MExsru ewEsmum �H, eaua moa«-,1�mirxnEsanoxs C ,��LL /�\ •/ I • a axaxa mme+a,ne awe Onm urcxicnwxrt,sd wx,ExoEMsoxwox sauw mo.c. «,u m.wnesa.cxa V 4 I rx.exar,em evrxE c suusxuwEx 0 I. W uxoecME.—Twt—l—EMEHr. ®ux ¢wrn�ce xueua�unasx saww mo.c. «n mMxca[sPuxc ' aEucEMExT(mtounxva I — LANDSCAPE REV LEGEND sxx x:Es,:Exo sort o�mexvxoxrooxoexim Lu I ro I � � xx�,ro„,.srExoxsrt..xoo�s� �-r —f v� I ' swmwxw II �� N 'in 'A;f oxz.E<xo os,s.E `emu W E AGRONOMIC SOILS REPOST �. — —_— — --- ___ �uEcoxruwusson,vox E,xEx "£• TREE ooiBARR ER RISE—Bro BARRIER: x�p"sosOxuumnmMio wirwPox�o�iaws mx�io, ' © � w.cmxsruu nsruLm¢noorawuEwma W. LOST RAPIDS DRIVE BRANDON PETRUNIO&ASSOCIATESINC. „, PLAN VIEW su:E, �aa ..ox x�srweuEr.aururm�oxs�re v`A nasL IN-N-OUT BURGER CITY ENTITLEMENT E.,,,�.yin D—LGPER INN euBBER mod:ri R.. M �J EN�GINEEIN G,INC E Fog 5985 AND fi037 N.TEN MILE ROAD MBDAGEBaNE g 1 1 j�� � MERIDIAN,ID33B4fi LANDSCAPE PLANTING E UEE IN-N-OUT ��, �, PLAN LPP.1 _BURGER PNpue.eza e,as.,� �,s.r� .O.x,r Exhibit C - Updated Queuing Observations May 2025 Table A Summary of May 2025 In-N-Out Burger Drive Through Queue Surveys Observed Queue Length(Vehicles) Mid-Week Lunch Mid-Week Dinner Saturday Lunch Saturday Dinner Survey Site Period(11a-2p) Period(5-8p) Period(11a-2p) Period(5-8p) Boise Average 18 18 20 25 85th Percentile 23 22 28 32 95th Percentile 25 24 30 33 Maximum 27 30 32 35 Meridian Average 17 22 20 30 85th Percentile 22 28 24 32 95th Percentile 25 31 26 33 Maximum 29 33 28 34 Nampa Average 16 17 14 23 85th Percentile 19 20 18 30 95th Percentile 20 23 21 32 Maximum 21 28 24 35 Source:Surveys conducted on Thursday,May 1,2025 and Saturday May 3,2025. g7dii A OAI w. El W1 0 W2E .ox so w wx saso z m..O M F s —Ij IF SlE M 0 OA2 @90 A Statistics Description Symbol Avg Max Min Max/Min Avg/Min Off Site CaIcs + 0.1 fc 0.4 fc 0.0 fc N/A I N/A ISITE LIGHTING I + 1 3.9 fc 1 9.3 fc 1 0.0 fc I N/A I N/A BUILDING LIGHTS + 11.3 fc 28.6 fc 0.6 fc 47.7:1 8-J Exhibit E OPERATIONAL NOISE STUDY IN-N-OUT BURGER RESTAURANT PROJECT 5985 and 6037 N. Ten Mile Road Meridian, Idaho 83646 PREPARED BY: eridian 860 Hampshire Road,Suite P Westlake Village,CA 91361 Consultants www.meridianconsultantsllc.com MAY 202 5 TABLE OF CONTENTS A. Executive Summary..........................................................................................................1 B. Project Description...........................................................................................................2 C. Existing Conditions...........................................................................................................5 D. Applicable Regulations.....................................................................................................8 E. Methodology....................................................................................................................9 F. Impact Analysis..............................................................................................................10 G. Certification...................................................................................................................18 Figure Page 1 Project Site Location ........................................................................................................3 2 Proposed Site Plan ...........................................................................................................4 3 Noise Monitoring Location................................................................................................6 4 Sensitive Receptor Map ....................................................... Error! Bookmark not defined. 5 Operational Noise Level Contour Map (Daytime) .............................................................14 6 Operational Noise Level Contour Map (Evening) ..............................................................15 7 Operational Noise Level Contour Map (Nighttime) ...........................................................16 8 Operational Noise Level Contour Map (24-hour CNEL).....................................................17 Table Page 1 Ambient Noise Measurements..........................................................................................5 2 Modeled Exterior Noise Levels From Restaurant Operational Sources..............................11 3 Modeled Exterior Noise Levels from Truck Deliveries .......................................................12 Appendices 1.0 Noise Monitoring Data Sheets 2.0 Sound PLAN Output Sheets Meridian Consultants i Operational Noise Study May2025 In-N-Out Burger Restaurant Project A. EXECUTIVE SUMMARY This Noise Study assesses and discusses the potential operational noise impacts that may occur with the In-N-Out Burger Restaurant Project(Project), located within the C-G Zone(General Retail& Service Commercial) in the City of Meridian, Idaho. The analysis describes the existing environment in the Project area; estimates future noise levels at surrounding land uses resulting from operation of the Project; and identifies the potential for significant impacts. The study summarizes the potential for the Project to conflict with applicable noise regulations, standards, or thresholds, and to identify any measures that may be necessary to reduce potentially significant impacts. 1 . Operational Noise The Project site is located within 300 feet of another drive-through facility directly to the north (i.e. Cafe Rio), and existing residences and a residential district directly to the west south of Costco (i.e. Olivia Apartments and Townhomes). Single-family residential uses and zoning also exist to the east across N.Ten Mile Road but are separated from the site by the 5-lane arterial street. Sources of noise generated by operation of the Project include parking activities from mobile vehicles, drive-through queuing, outdoor seating area and amplified speech from the speaker box. Additionally,deliveries are proposes to occur between the hours of 2:00 AM and 9:00 AM during non- business hours. Noise levels would not result in a 3 or 5 dBA increase above the measured daytime, evening, nighttime and 24-hour CNEL ambient during both operation and delivery activities. Meridian Consultants 1 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project B. PROJECT DESCRIPTION The 95,860 square foot(2.2 acre) Project site is located at 5985 and 6037 N.Ten Mile Road in the City of Meridian (refer to Figure 1: Project Site Location). The property was annexed as part of a larger development area consisting of residential and commercial property zoned R-40 and C-G. The Project site is currently vacant and undeveloped. The Project would include construction of a 3,886 square foot In-N-Out Burger Restaurant with a drive-through lane. The restaurant would provide indoor seating with a capacity of 74 seats and outdoor seating with a capacity of 46 seats (12 tables). The drive-through would have a queueing capacity of 29 cars and parking spaces for up to 73 vehicles (refer to Figure 2: Proposed Site Plan). This restaurant will be equipped with three burger grills. Two grills will operate at all times, and activation of the third grill will be done in response to high dine-in or, more typically, high drive- through demand as activating the third grill significantly increases the speed at which drive-through orders are delivered to customer vehicles.Standard store operating procedure requires that as soon as the drive-through queue reaches the 81h or 91h car (where the menu board/order speaker is Located), In-N-Out associates are deployed outside to take orders using hand-held ordering tablets. The use of these tablets allows orders to funnel into the kitchen faster than ordering at the menu board resulting in the shortest possible drive-through vehicle queues. Awareness of the queue reaching the menu board (and deployment of associates with hand-held tablets) is enhanced with outdoor cameras and indoor monitors.There will be between 4 and 6 outdoor cameras on this site, with 3 or 4 of them specifically viewing the drive-through lane. These cameras display on multiple monitors located inside the restaurant including at the manager's office,above the grills,and at both the pay and pickup windows. There is no delivery dock or designated delivery parking bay required on the premises as deliveries are made only by In-N-Out owned operated vehicles, after the restaurant is closed to the public between the hours of 2:00 AM and 9:00 AM. Delivery trucks operate after hours to allow the parking and queue management to be at its most effective throughout the day. Allowing trucks to deliver after-hours ensures that truck traffic is not on the road during either morning or evening peak hours. Site access for these delivery trucks would be from N.Ten Mile Road and W. Lost Rapids and would unload at the service entrance located adjacent to parking stalls#1 through#11. The restaurant would operate seven days a week, from 10:30 AM to 1:00 AM Sunday through Thursday, and from 10:30 AM to 1:30 AM on Friday and Saturday.The restaurant, drive-through, and parking lot, as with all In-N-Out Burger restaurants, would be well-lit and meticulously maintained. The restaurant would be staffed by approximately 10 to 12 associates per shift,with 3 shifts per day. Meridian Consultants 2 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project �� W er Ft�v Lm "~o k 94 f��i�SiI�P f21v"`r St IJ s� �, WlSunny Cove Si e I fTl (e7 1 .. r �SPEC, —lI SuRS1 Losr�R�— Uri — ." Rz1N�r prtls ,` ,., r Tango waeek St v°: 4reek�d t r ! w I a W Uan_dr�rbll!�r I -NrBottscelll.Ave3? A d �- W VanderbiahNr WrL�adle Rapids°mot s FadIE ry -.�, _�.• yew <;` zLegend Project Site W 150 500 1000 N►Vence II VV'a • i 'r kWiMalta Dr�r`, 3�„, _6 %s Projectffleffidlan • . • r IrA x. x � �� ...•:.•:: :E:mc mc g a :I•: z I I >� usa I evo nz)' AEI ;F ss wo F (w sc) W /tr f; �£ I O a <_ ( i o ZT lUl I I o n° a I � Fxw ' '`. ., It I o-1: LLa 7 : -_, I YI H o6.a �R R o� t �:l I a� 19 ' ° 1 i•i�NI I � I � I � I 11 � � ��°°-� . i�,� '• � ( I I ' ' r 36 _ °I � I 4 x 9 I W. LOST RAPIDS tPueuc araeEri I 0 15 30 60 APPROXIMATE SCALE IN FEET SOURCE: MSL Engineering-2025 FIGURE 2 F#eridian Proposed Site Plan Consultants 121-019-25 C. EXISTING CONDITIONS 1 . Ambient Noise Levels Long-term sound monitoring was conducted within the Project site to measure the ambient sound environment in the vicinity. Measurements were taken over 24-hour period between April 29—April 30, 2025, and provided in Table 1: Ambient Noise Measurements. Figure 3: Noise Monitoring Location depicts locations where the long-term ambient noise measurements were conducted. As shown in Table 1, ambient noise level averages were 67.0 dBA during the daytime period (7:00 AM— 7:00 PM),71.9 dBA duringthe evening period (7:00 PM—10:00 PM)and 67.3 dBA duringthe nighttime period (10:00 PM—7:00 AM).Additionally, 24-hour CNEL averages were 67.5 dBA CNEL. TABLE 1: AMBIENT NOISE MEASUREMENTS Location Daytime Evening Nighttime 24-hour CNEL Project site 67.0 dBA 71.9 dBA 67.3 dBA 67.5 dBA Notes:dBA=A-weighted decibels;Leq=average equivalent sound level. Source:Refer to Appendix 1.0:Noise Monitoring Data Sheets. 2. Sensitive Land Uses As mentioned previously,the property was annexed as part of a larger development area consisting of residential and commercial property zoned R-40 and C-G. The Project site is within 300 feet of another drive-through facility directly to the north (i.e. Cafe Rio), and existing residences and a residential district directly to the west(i.e. Olivia Apartments and Townhomes, zoned R-40). Single- family residential uses and zoning also exist to the east across N.Ten Mile Road, but are separated from the site by a 5-lane arterial street(refer to Figure 4:Sensitive Receptor Map). For purposes of this analysis,the following sensitive receptors were identified: • Receptor#1 (R1):Olivia Apartments and Townhomes(5985 N.Ten Mile Road). • Receptor#2(R2):Olivia Apartments and Townhomes(located adjacent to the west). • Receptor#3(R3): Residential uses located on the corner of N.Ten Mile Road and W. Lost Rapids Drive(3150 W. Lost Rapids Drive). • Receptor#4(R4): Residential uses located along N.Ten Mile adjacent to the east(6040 N.Ten Mile Road). • Receptor#5(R5): Residential uses located along N. Fairborn Avenue(5872 N. Fairborn Avenue). • Receptor#6(R6):The Church of Jesus Christ of Latter-day Saints(5855 N.Ten Mile Road). Meridian Consultants 5 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project At am Noise Monitor a c -- D _ Project Site 0 25 50 100 - =� APPROXIMATE SCALE IN FEET - SOURCE: Google Earth-2025 FIGURE 3 Meridian Noise Monitoring Location Consu/runts 121-016-25 R1 Olivia Apartments and Townhomes { (5985 N.Ten Mile Road) �; e R2 Olivia Apartments and Townhomes R3 Residential(3150 W.Lost Rapids Drive) "A. ° R4 Residential(6040 N.Ten Mile Road) R5 Residential(5872 N.Fairborn Avenue) w � ❑ LL• , R6 The Church of Jesus Christ of Latter-day . kg I!, Saints(5855 N.Ten Mile Road)' +• r p --" R2 e I T a'rr `VVY lyfY.l - s i„C Legend >to^1! •' y ,. Project Site I kt 0 75 150 200 R6 ` �( f . APPROXIMATE SCALE IN FEET � j SOURCE: Google Earth—2025 FIGURE 4 Meridian Sensitive Receptor Map r)nsalranrs 121-019-25 D. APPLICABLE REGULATIONS 1 . City of Meridian The City of Meridian addresses noise disturbances under Title 6, Chapter 3 of its Municipal Code. Key provisions include: • Quiet Hours: Noise is prohibited between 11:00 PM and 6:00 AM. • Public Disturbance Noises: Certain sounds are considered public disturbances if they unreasonably interfere with the peace and comfort of others.These include o Frequent or continuous sounding of horns or sirens, except as a warning of danger. o Repetitive motor vehicle sounds in residential areas. o Yelling, shouting, or singing on public streets that disturb nearby residents. o Loud sounds emanating from buildings, such as music or social gatherings. o Motor vehicle sound systems audible beyond 50 feet. o Audio equipment operated at volumes audible beyond 60 feet or that disturb others. • Exemptions: Certain sounds are exempt, including those from emergency vehicles, authorized public events, and specific equipment used within zoning regulations. • Enforcement:Violations are classified as misdemeanors. Meridian Consultants 8 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project E. METHODOLOGY 1 . Ambient Noise Measurements Noise-level monitoring was conducted between April 29—April 30,2025 at the Project site,as shown in Figure 3.Ambient noise levels were measured over a 24-hour period to assess baseline acoustic conditions at the site and evaluate the potential impact of new noise sources. Specifically, the analysis aimed to determine whether any future changes could result in increases of 3 dBA or 5 dBA, which are standard thresholds for perceptible and potentially significant noise increases. 2. Operational Noise Operational noise levels related to the drive-through, parking, and amplified speech emanating from the speaker were calculated with the noise model SoundPLAN, a commercially available software that produces computer simulations of noise propagation from sources.The SoundPLAN modeling software accounts for large differences in topography, and the presence of intervening structures or landscaping that would block a direct line of sight between operation activities from the proposed Project Site and nearby sensitive receptors. The operational noise levels were calculated for sensitive-receptor locations using SoundPLAN. It was assumed operating hours would take place between 10:00 AM and 1:30 AM.The SoundPLAN model includes real-world noise Levels and contains noise data in a reference library.To quantify events related to the noise sources generated by the proposed use,the following assumptions were used: • Cars entering and exiting the parking lot and queuing of 29 cars at the drive through, a line source was modeled with a sound power levels (LwA) of 47 dB/m, m2, as referenced in the SoundPLAN noise library for cars driving on asphalt at less than 30 kilometers per hour (18.6 miles per hour); • The menu board and speaker, a point source was modeled with a LwA of 65 dB, as referenced in the SoundPLAN noise library for speaking, normal voice; and • The outdoor seating area, an area source was modeled with a LwA of 65 dB, as referenced in the SoundPLAN noise library for speaking, normal voice. • Truck deliveries at any point between the hours of 2:00 AM and 9:00 AM, a line source was modeled with a LwA of 80 dB, as referenced in the SoundPLAN noise library for truck loading general cargo It is important to note the trash compactor would be positioned behind a wall enclosure. Because of its placement, noise generated by the trash compactor will be attenuated by the wall. 1 The Sound Power Level represents the total sound energy produced by the source under the specified operating conditions.Sound Power Levels cannot be measured directly;instead they are computed from reference sound pressure level measurements. Meridian Consultants 9 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project F. IMPACT ANALYSIS The City of Meridian does not specify a quantitative noise threshold or land use compatibility standard in its municipal code. Therefore, for the purpose of this technical analysis, the following threshold of significance is applied based on guidance from the Federal Interagency Committee on Noise (FICON), the Federal Transit Administration (FTA), and general industry standards for community noise. A Project would result in a significant noise impact if the operational noise associated with the proposed use would: • Result in a substantial permanent increase in ambient noise levels at nearby sensitive receptors (e.g., residences, schools)of 5 dBA CNEL or more,where the existing ambient noise level is less than 60 dBA CNEL; • Result in an increase of 3 dBA CNEL or more where existing ambient noise levels are 60 dBA CNEL or greater; or • Exceed a cumulative ambient noise level of 65 dBA CNEL at residential property lines, which represents a generally accepted upper threshold for "normally acceptable" noise exposure for residential uses under Housing and Urban Development(HUD) These thresholds reflect changes in noise that are generally perceptible to the human ear and have the potential to result in community annoyance or interference with speech and sleep. Where applicable, these thresholds are compared against measured ambient conditions to assess potential impacts from project-related noise. 1 . Operation Impacts (a) Restaurant Noise As mentioned previously, sources of operational noise include parking activities from mobile vehicles, drive-through queuing for a capacity of 29 vehicles, outdoor seating area and amplified speech from the speaker box. Source contributed noise levels throughout the daytime, evening, nighttime and 24-hour CNEL periods from operation of the proposed project are shown in Table 2: Modeled Exterior Noise Levels from Restaurant Operational Sources. For illustrative purposes, noise levels generated from the Proposed Project to the adjacent sensitive receptors are shown graphically in Figure 5: Operational Noise Level Contour Map(Daytime),Figure 6:Operational Noise Level Contour Map (Evening), Figure 7: Operational Noise Level Contour Map(Nighttime)and Figure 8: Operational Noise Level Contour Map (24-hour CNEL). Sensitive receptors shown graphically include the residential district directly to the west(i.e. Olivia Apartments and Townhomes, zoned R-40) and the single-family residential uses and zoning to the east across N.Ten Mile Road Meridian Consultants 10 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project Table 2 compares the modeled exterior noise levels from Project-related noise sources that operate on a daily basis to the ambient noise measurements provided in Table 1 above. As shown in Table 2, modeled daytime noise levels generated from the Project site would range from a low of 28.9 dBA at the residential uses along N. Fairborn Avenue (R5)to a high of 38.7 dBA at the Olive Apartments and Townhomes (132). Evening noise levels would range from a low of 30.4 dBA(R5)to a high of 40.2 dBA(R2). Nighttime noise levels would range from a low of 26.3 dBA(R5)to a high of 36.1 dBA(R2). Additionally, 24-hour CNEL noise levels would range from a low of 33.8 dBA CNEL (R5)to a high of 43.7 dBA CNEL(R2). Noise levels generated from the Project would not result in a 3 or 5 dBA increase at the adjacent sensitive receptors above the daytime, evening, nighttime or 24-hour CNEL measured baseline Levels identified in Table 1. As such, operational noise level impacts would not be considered significant. SOURCESTABLE 2: MODELED EXTERIOR NOISE LEVELS FROM RESTAURANT OPERATIONAL ModeledMonitoring Site Time Period Daytime 35.5 67.0 -- Evening 37.0 71.9 -- R1(Olivia Apartments and Townhomes,5985 N.Ten Mile Road) Nighttime 32.9 67.3 -- 24-hour 40.4 67.5 -- CNEL Daytime 38.7 67.0 -- Evening 40.2 71.9 R2(Olivia Apartments and Townhomes,adjacent to the west) Nighttime 36.1 67.3 -- 24-hour 43.7 67.5 -- CNEL Daytime 33.8 67.0 -- Evening 35.3 71.9 R3(3150 W.Lost Rapids Drive) Nighttime 31.2 67.3 -- 24-hour 38.8 67.5 -- CNEL Daytime 31.7 67.0 -- Evening 33.2 71.9 R4(6050 N.Ten Mile Road) Nighttime 29.1 67.3 -- 24-hour 36.6 67.5 -- CNEL Daytime 28.9 67.0 -- R5(5872N.Fairborn Avenue) Evening 30.4 71.9 Nighttime 26.3 67.3 -- Meridian Consultants 1 1 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project SOURCESTABLE 2: MODELED EXTERIOR NOISE LEVELS FROM RESTAURANT OPERATIONAL ModeledMonitoring Site Time Period 24-hour 33.8 67.5 -- CNEL Daytime 29.0 67.0 -- Evening 30.5 71.9 -- R6(5855N.Ten Mile Road) Nighttime 26.4 67.3 -- 24-hour 33.9 67.5 -- CNEL Note:Daytime:7:00 AM-7:00 PM;Evening:7:00 PM-10:00 PM;Nighttime:10:00 PM-7:00 AM. Source:Refer to Appendix 2.0 for Sound PLAN Output Sheets. W Truck Deliveries As mentioned previously, truck deliveries would take place no more than once daily between the hours of 2:00 AM to 9:00 AM lasting less than an hour.Site access for these delivery trucks would be from W. Lost Rapids Drive and would unload at the service entrance located adjacent to parking stalls#1 through#11. Table 3: Modeled Exterior Noise Levels from Truck Deliveries, compares the modeled exterior noise levels from truck deliveries that operate on a daily basis to the ambient noise measurements provided in Table 1 above. As shown in Table 3, modeled daytime noise levels would range from a low of 15.0 dBA at the residential use along N. Ten Mile Road (R4)to a high of 31.8 dBA at the Olivia Apartments and Townhomes(R1). Nighttime noise levels would range from a low of 18.7 dBA(R4)to a high of 37.1 dBA(R1).Additionally, 24-hour CNEL noise levels would range from a low of 24.6 dBA CNEL (R4) to a high of 43.0 dBA CNEL at the Olivia Apartments and Townhomes (R1 and R2). Truck deliveries would not take place during the evening period. Noise levels generated from the Project would not result in a 3 or 5 dBA increase at the adjacent sensitive receptors above the daytime, evening, nighttime or 24-hour CNEL measured baseline levels identified in Table 1. As such, impacts from truck deliveries would not be considered significant. Meridian Consultants 12 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project MODELEDTABLE 3: •R NOISE LEVELS FROM ModeledMonitoring Site Time Period Levels Levels Ambient Daytime 31.8 67.0 -- Evening -- 71.9 -- R1(Olivia Apartments and Townhomes,5985 N.Ten Mile Road) Nighttime 37.1 67.3 -- 24-hour 43.0 67.5 -- CNEL Daytime 31.4 67.0 -- Evening -- 71.9 -- R2(Olivia Apartments and Townhomes,adjacent to the west) Nighttime 37.0 67.3 -- 24-hour 43.0 67.5 -- CNEL Daytime 16.1 67.0 -- Evening -- 71.9 -- R3(3150 W.Lost Rapids Drive) Nighttime 21.3 67.3 -- 24-hour 27.3 67.5 -- CNEL Daytime 13.5 67.0 -- Evening -- 71.9 - R4(6050 N.Ten Mile Road) Nighttime 18.7 67.3 -- 24-hour 24.6 67.5 -- CNEL Daytime 16.1 67.0 -- Evening -- 71.9 - R5(5872 N.Fairborn Avenue) Nighttime 21.3 67.3 -- 24-hour 27.2 67.5 -- CNEL Daytime 15.0 67.0 -- Evening -- 71.9 -- R6(5855N.Ten Mile Road) Nighttime 20.2 67.3 -- 24-hour 26.2 67.5 -- CNEL Note:Note:Daytime:7:00 AM-7:00 PM;Evening:7:00 PM-10:00 PM;Nighttime:10:00 PM-7:00 AM. Deliveries would not occur during the evening period of 7:00 PM-10:00 PM Source:Refer to Appendix 2.0 for Sound PLAN Output Sheets. Meridian Consultants 13 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project Itmillow }} i9�i Noise level •;� 4.eaFl�ll�¢11f~Illlrll�� e fp,99 Leq,d otcc�t �& - I� T+ ri 11cl�ler ee � �.4: in dB(A) '1!Fl��=I�I iPiElll6�l = �z , Ir! III e !.`Pire111Fiit rr ` 1 I1IrF.I F €;�! � d� o � � � 75 80 qw .+ it 65 70 35 ra 60 65 55 60 50 55 45 50 el � 40 45 35 40 35 �-. ,. :sf - 30 35 <— 30 f` 3535 pion a Mi 0 45 90 180 270 360 t IN feet61W SOURCE: Meridian-2025 FIGURE 5 Meridian Operational Noise Level Contour Map (Daytime) or,s ilranrs 121-019-25 a l 11 �c1ro01111110�� [1r{I 1 ~; t 1 11140`i1t1F11FA 1e Noise level • X 14 1111�Z�F �11 1E-OFFS I — r ' � - Leq,e o�Yt 4 mac r iF $-:► k my in dB(A) IeP1�� E�1 db f a i A > 80 75 - 80 i ,F-«1���1�Fi ,��rE�� � ��. I � •� � 70 75 ° 65 70 35 "+uR 60 65 _ — 1 s ,• a l '; —n 50 55 F., 45 50 Fe 7 dh . 35 t -. 40 45 35 40 + ka d wa' 30 35 a. a j1i 35 ;Lj r j �w r° V.. OJ , - .+A it 'eFl� ray.- 1. .F GkC o i CS�XtY ► '� 0 4s 90 180 270 350 I 'y feet SOURCE: Meridian-2025 FIGURE 6 Meridian Operational Noise Level Contour Map (Evening) C orm,111 ortt s 121-019-25 �1 rl1 ceteellee110�t te�fi e = � 111,140,Q11 �t 11 � I. Noise level r I'- t ! r F in d6( A)11� o �lRP! FcP4EN!El6(� I . �. > 80 Nl�l P E{ ICE F�E��F ;:e�1c� � , �' � _ � 75 - 80 a .l�1I�EOe1'AF11 14' ~ FIR70 - 75 65 - 70 •,,ss° 55 - 60 — � 50 - 55 t 45 - 50 Vie- r6 Fka � � 40 - 45 35 - 40 30 - 35 <= 30 a 35 - � � 1 „A i � } 0 46 90 180 270 360 \ '� feet SOURCE: Meridian-2025 FIGURE 7 Meridian Operational Noise Level Contour Map (Nighttime) C oresulfartts 121-019-25 IIF�rlrnelielllO�r r1�r{� 1 ,;rti`� � i t - !u� ii1IF1111 e ,.... a Noise level 24-hour CNEL in dB(A) �IEB F Fic116111��1 = � 'I� 1 d� 'r;1� ♦ °.n .� t1v > 80 �!GRIT. : . 35 � � 75 80 65 70 60 65 50 55 45 50 t•� e , 40 45 <= 30 L a •� t �h; a� � 35 t � oil 0 45 90 180 270 360 / feet SOURCE: Meridian-2025 FIGURE 8 Meridian Operational Noise Level Contour Map (24-hour CNEL) C orm,111 ortt s 121-019-25 G. CERTIFICATION The contents of this noise study represent an accurate depiction of the noise environment and impacts associated with the proposed In-N-Out Burger Restaurant Project. The information contained in this noise study is based on the best available information at the time of preparation. If you have any questions, please contact me directly at(818)415-7274. Sincerely, 94 c� Christ Kirikian, INCE Partner I Director of Air Quality&Acoustics ckirikian@meridianconsultantsllc.com Meridian Consultants 18 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project APPENDIX 1 Noise Monitoring Data Spreadsheets Monitoring Location:Site A Date:April 29-30,2025 EveninglNight Monitoring Monitored Logarithmic Adjustments Period Leq Equivalent 10 dB 5 dB Midnight 0/24 54.5 278853 2788531 881811 Leq Morning Peak Hour 7:00-10:00 a.m. am 1:00 100 46.9 48879 488786 154568 65.6 dBA 2:00 200 47.0 50030 500299 158208 3:00 300 56.1 408811 4088114 1292775 Leq Evening Peak Hour 4:00-8:00 p.m. 4:00 400 53.3 215303 2153033 680849 66.6 dBA 5:00 500 58.9 773072 7730715 2444667 6:00 600 63.1 2025180 20251802 6404182 7:00 700 65.1 3259473 32594731 10307359 8:00 800 66.2 4184042 41840421 13231103 9:00 900 65.3 3373948 33739481 10669361 Leq Daytime 7:00 am-7:00 p.m. Leq Evening 7:00 pm-10:00 p.m. Leq Nighttime 10:00 pm-7:00 a.m. 10:00 1000 65.4 3506548 35065476 11088677 67.0 I dBA 11:00 1100 70.5 11296187 112961874 35721681 12:00 1200 65.5 3586013 35860132 11339969 Leq 24-11ow pm 1:00 1300 65.7 3716230 37162300 11751751 64.9 dBA 2:00 1400 69.2 8309957 83099575 26278393 3:00 1500 66.8 4739693 47396926 14988224 Ldn:30 dB adjustment between 10:00 p.m.&7:00 a.m. 4:00 1600 67.0 4978597 49785970 15743706 66.9 dBA 5:00 1700 67.1 5104251 51042515 16141060 6:00 1800 66.6 4531425 45314251 14329624 CNEL:5 dB adjustment between 7:00p.m.&10:00 p.m.,&10 dB 7:00 1900 65.4 3475818 34758177 10991501 67.5 dBA adjustment between 10:00 p.m.&7:00 a.m. 8:00 2000 64.2 2639660 26396599 8347338 9:00 2100 62.9 1927799 19277992 6096236 10:00 2200 58.2 656471 6564712 2075944 Difference between CNEL and Ldn pm 11:00 2300 56.0 399578 3995777 1263576 CNEL-Ldn 0.60095095 APPENDIX 1 SoundPLAN Output Sheets INOB Meridian 9 Contribution level - Operational Noise Source Source group Source type Ldn Leq,d Leq,e Leq,n dB(A) dB(A) dB(A) dB(A) Receiver Site 1 FI G Ldn 39.8 dB(A) Leq,d 34.9 dB(A) Leq,e 36.4 dB(A) Leq,n 32.3 dB(A) Drive Thru 1 Default industrial noise Line 25.2 20.3 21.8 17.7 Drive-Thru 2 Default industrial noise Line 25.4 20.4 21.9 17.8 Menu Board and Speaker Default industrial noise Point 18.9 14.0 15.5 11.4 Parking Lot Activity Default industrial noise Line 29.6 24.7 26.2 22.1 Table 1 Default industrial noise Point 28.8 23.8 25.3 21.2 Table 2 Default industrial noise Point 29.0 24.0 25.5 21.4 Table 3 Default industrial noise Point 27.9 23.0 24.5 20.4 Table 4 Default industrial noise Point 28.2 23.2 24.7 20.6 Table 5 Default industrial noise Point 28.7 23.7 25.2 21.1 Table 6 Default industrial noise Point 29.0 24.0 25.5 21.4 Table 7 Default industrial noise Point 29.0 24.1 25.6 21.5 Table 8 Default industrial noise Point 28.6 23.7 25.2 21.1 Table 9 Default industrial noise Point 28.6 23.7 25.2 21.1 Table 10 Default industrial noise Point 28.3 23.3 24.8 20.7 Table 11 Default industrial noise IPoint 1 28.3 1 23.3 1 24.8 1 20.7 Receiver Site 1 FI F2 Ldn 40.4 dB(A) Leq,d 35.5 dB(A) Leq,e 37.0 dB(A) Leq,n 32.9 dB(A) Drive Thru 1 Default industrial noise Line 25.4 20.4 21.9 17.8 Drive-Thru 2 Default industrial noise Line 25.4 20.5 22.0 17.9 Menu Board and Speaker Default industrial noise Point 19.7 14.7 16.2 12.1 Parking Lot Activity Default industrial noise Line 29.6 24.7 26.2 22.1 Table 1 Default industrial noise Point 29.3 24.4 25.9 21.8 Table 2 Default industrial noise Point 29.6 24.6 26.1 22.0 Table 3 Default industrial noise Point 28.6 23.7 25.2 21.1 Table 4 Default industrial noise Point 28.9 23.9 25.4 21.3 Table 5 Default industrial noise Point 29.4 24.5 26.0 21.9 Table 6 Default industrial noise Point 29.7 24.8 26.3 22.2 Table 7 Default industrial noise Point 29.8 24.8 26.3 22.2 Table 8 Default industrial noise Point 29.3 24.4 25.9 21.8 Table 9 Default industrial noise Point 29.4 24.5 26.0 21.8 Table 10 Default industrial noise Point 29.0 24.1 25.6 21.5 Table 11 Default industrial noise IPoint 1 29.0 1 24.0 1 25.5 1 21.4 Receiver Site 2 FI G Ldn 42.8 dB(A) Leq,d 37.9 dB(A) Leq,e 39.4 dB(A) Leq,n 35.3 dB(A) Drive Thru 1 Default industrial noise Line 24.1 19.1 20.6 16.5 Drive-Thru 2 Default industrial noise Line 21.2 16.3 17.8 13.7 Menu Board and Speaker Default industrial noise Point 18.4 13.5 15.0 10.9 Parking Lot Activity Default industrial noise Line 33.0 28.1 29.6 25.5 Table 1 Default industrial noise Point 32.7 27.8 29.3 25.2 Table 2 Default industrial noise Point 32.9 28.0 29.5 25.4 Table 3 Default industrial noise Point 33.7 28.7 30.2 26.1 Table 4 Default industrial noise Point 31.3 26.4 27.9 23.8 Table 5 Default industrial noise Point 31.5 26.5 28.0 23.9 Table 6 Default industrial noise Point 31.7 26.7 28.2 24.1 Table 7 Default industrial noise Point 31.4 26.5 28.0 23.9 Meridian Consultants LLC 860 Hampshire Road, Suite P Westlake Village CA 91361 1 SoundPLAN 9.1 INOB Meridian 9 Contribution level - Operational Noise Source Source group Source type Ldn Leq,d Leq,e Leq,n dB(A) dB(A) dB(A) dB(A) Table 8 Default industrial noise Point 30.8 25.8 27.3 23.2 Table 9 Default industrial noise Point 31.1 26.2 27.7 23.6 Table 10 Default industrial noise Point 30.8 25.9 27.4 23.3 Table 11 Default industrial noise Point 30.5 25.6 27.1 23.0 Receiver Site 2 FI F2 Ldn 43.7 dB(A) Leq,d 38.7 dB(A) Leq,e 40.2 dB(A) Leq,n 36.1 dB(A) Drive Thru 1 Default industrial noise Line 24.1 19.2 20.7 16.6 Drive-Thru 2 Default industrial noise Line 21.3 16.4 17.9 13.8 Menu Board and Speaker Default industrial noise Point 19.1 14.2 15.7 11.6 Parking Lot Activity Default industrial noise Line 33.0 28.1 29.6 25.5 Table 1 Default industrial noise Point 33.6 28.7 30.2 26.1 Table 2 Default industrial noise Point 33.8 28.9 30.4 26.3 Table 3 Default industrial noise Point 34.7 29.7 31.2 27.1 Table 4 Default industrial noise Point 32.3 27.4 28.9 24.8 Table 5 Default industrial noise Point 32.5 27.6 29.1 25.0 Table 6 Default industrial noise Point 32.7 27.8 29.3 25.2 Table 7 Default industrial noise Point 32.4 27.5 29.0 24.9 Table 8 Default industrial noise Point 31.7 26.8 28.3 24.2 Table 9 Default industrial noise Point 32.1 27.2 28.7 24.6 Table 10 Default industrial noise Point 31.8 26.8 28.3 24.2 Table 11 Default industrial noise IPoint 1 31.4 1 26.5 1 28.0 1 23.9 Receiver Site 3: West Lost Rapids Drive 3150 FI G Ldn 38.8 dB(A) Leq,d 33.8 dB(A) Leq,e 35.3 dB(A) Leq,n 31.2 1 Drive Thru 1 Default industrial noise Line 24.1 19.1 20.6 16.5 Drive-Thru 2 Default industrial noise Line 20.2 15.3 16.7 12.6 Menu Board and Speaker Default industrial noise Point 20.9 16.0 17.5 13.4 Parking Lot Activity Default industrial noise Line 24.0 19.0 20.5 16.4 Table 1 Default industrial noise Point 6.2 1.2 2.7 -1.4 Table 2 Default industrial noise Point 6.3 1.4 2.9 -1.2 Table 3 Default industrial noise Point 26.6 21.6 23.1 19.0 Table 4 Default industrial noise Point 26.7 21.8 23.3 19.2 Table 5 Default industrial noise Point 29.3 24.3 25.8 21.7 Table 6 Default industrial noise Point 29.2 24.2 25.7 21.6 Table 7 Default industrial noise Point 29.3 24.4 25.9 21.8 Table 8 Default industrial noise Point 27.6 22.7 24.2 20.1 Table 9 Default industrial noise Point 29.4 24.5 26.0 21.9 Table 10 Default industrial noise Point 29.6 24.6 26.1 22.0 Table 11 Default industrial noise IPoint 1 29.8 1 24.8 1 26.3 1 22.2 Receiver Site 4: North Ten Mile Road 6040 FI G Ldn 36.6 dB(A) Leq,d 31.7 dB(A) Leq,e 33.2 dB(A) Leq,n 29.1 dB( Drive Thru 1 Default industrial noise Line 25.1 20.1 21.6 17.5 Drive-Thru 2 Default industrial noise Line 15.8 10.9 12.4 8.3 Menu Board and Speaker Default industrial noise Point 17.2 12.3 13.8 9.7 Parking Lot Activity Default industrial noise Line 22.0 17.0 18.5 14.4 Table 1 Default industrial noise Point 11.6 6.6 8.1 4.0 Table 2 Default industrial noise Point 9.6 4.7 6.2 2.1 Table 3 Default industrial noise Point 9.6 4.6 6.1 2.0 Meridian Consultants LLC 860 Hampshire Road, Suite P Westlake Village CA 91361 2 SoundPLAN 9.1 INOB Meridian 9 Contribution level - Operational Noise Source Source group Source type Ldn Leq,d Leq,e Leq,n dB(A) dB(A) dB(A) dB(A) Table 4 Default industrial noise Point 11.9 7.0 8.4 4.3 Table 5 Default industrial noise Point 23.0 18.0 19.5 15.4 Table 6 Default industrial noise Point 27.6 22.7 24.2 20.1 Table 7 Default industrial noise Point 27.7 22.7 24.2 20.1 Table 8 Default industrial noise Point 28.0 23.1 24.6 20.5 Table 9 Default industrial noise Point 27.9 23.0 24.5 20.4 Table 10 Default industrial noise Point 28.3 23.3 24.8 20.7 Table 111 Default industrial noise IPoint 1 28.4 1 23.4 1 24.9 1 20.8 Receiver Site 5: North Fairborn Avenue 5872 FI G Ldn 33.8 dB(A) Leq,d 28.9 dB(A) Leq,e 30.4 dB(A) Leq,n 26.3 d Drive Thru 1 Default industrial noise Line 18.6 13.7 15.2 11.1 Drive-Thru 2 Default industrial noise Line 17.4 12.4 13.9 9.8 Menu Board and Speaker Default industrial noise Point 13.7 8.8 10.3 6.2 Parking Lot Activity Default industrial noise Line 21.3 16.4 17.9 13.8 Table 1 Default industrial noise Point 23.6 18.7 20.2 16.1 Table 2 Default industrial noise Point 23.8 18.8 20.3 16.2 Table 3 Default industrial noise Point 22.2 17.3 18.8 14.7 Table 4 Default industrial noise Point 22.3 17.4 18.9 14.8 Table 5 Default industrial noise Point 22.7 17.7 19.2 15.1 Table 6 Default industrial noise Point 22.8 17.9 19.4 15.3 Table 7 Default industrial noise Point 22.9 17.9 19.4 15.3 Table 8 Default industrial noise Point 22.7 17.8 19.3 15.2 Table 9 Default industrial noise Point 22.7 17.8 19.3 15.2 Table 10 Default industrial noise Point 22.5 17.6 19.1 15.0 Table 11 Default industrial noise IPoint 1 22.6 1 17.6 1 19.1 1 15.0 Receiver Site 6: The Church of Jesus Christ of Latter-day Saints FI G Ldn 33.9 dB(A) Leq,d 29.0 dB(A) Leq,e 30.5 d Drive Thru 1 Default industrial noise Line 19.4 14.5 16.0 11.9 Drive-Thru 2 Default industrial noise Line 18.0 13.1 14.6 10.5 Menu Board and Speaker Default industrial noise Point 14.9 10.0 11.5 7.4 Parking Lot Activity Default industrial noise Line 21.1 16.2 17.7 13.6 Table 1 Default industrial noise Point 22.3 17.4 18.9 14.8 Table 2 Default industrial noise Point 21.0 16.0 17.5 13.4 Table 3 Default industrial noise Point 23.6 18.7 20.2 16.1 Table 4 Default industrial noise Point 23.8 18.8 20.3 16.2 Table 5 Default industrial noise Point 22.5 17.6 19.1 14.9 Table 6 Default industrial noise Point 22.6 17.7 19.2 15.1 Table 7 Default industrial noise Point 22.8 17.8 19.3 15.2 Table 8 Default industrial noise Point 22.8 17.8 19.3 15.2 Table 9 Default industrial noise Point 22.6 17.7 19.2 15.1 Table 10 Default industrial noise Point 22.5 17.6 19.0 14.9 Table 11 Default industrial noise Point 24.8 19.8 21.3 17.2 Meridian Consultants LLC 860 Hampshire Road, Suite P Westlake Village CA 91361 3 SoundPLAN 9.1 INOB Meridian 9 Contribution level - Truck Deliveries Source Source group Source type Ldn Leq,d Leq,e Leq,n dB(A) dB(A) dB(A) dB(A) Receiver Site 1 FI G Ldn 43.0 dB(A) Leq,d 31.8 dB(A) Leq,e dB(A) Leq,n 37.1 dB(A) Truck Delivery Default industrial noise ILine 1 43.0 1 31.8 37.1 Receiver Site 1 FI F2 Ldn 42.5 dB(A) Leq,d 31.3 dB(A) Leq,e dB(A) Leq,n 36.6 dB(A) Truck Delivery I Default industrial noise ILine 1 42.5 1 31.3 1 1 36.6 Receiver Site 2 FI G Ldn 43.0 dB(A) Leq,d 31.8 dB(A) Leq,e dB(A) Leq,n 37.0 dB(A) Truck Delivery Default industrial noise ILine 1 43.0 1 31.8 1 37.0 Receiver Site 2 FI F2 Ldn 42.5 dB(A) Leq,d 31.3 dB(A) Leq,e dB(A) Leq,n 36.6 dB(A) Truck Delivery I Default industrial noise ILine 1 42.5 1 31.3 1 1 36.6 Receiver Site 3: West Lost Rapids Drive 3150 FI G Ldn 27.2 dB(A) Leq,d 16.1 dB(A) Leq,e dB(A) Leq,n 21.3 dB(A Truck Delivery Default industrial noise ILine 1 27.2 1 16.1 1 1 21.3 Receiver Site 4: North Ten Mile Road 6040 FI G Ldn 24.6 dB(A) Leq,d 13.5 dB(A) Leq,e dB(A) Leq,n 18.7 dB(A) Truck Delivery I Default industrial noise ILine 1 24.6 1 13.5 1 1 18.7 Receiver Site 5: North Fairborn Avenue 5872 FI G Ldn 27.2 dB(A) Leq,d 16.1 dB(A) Leq,e dB(A) Leq,n 21.3 dB(A) Truck Delivery I Default industrial noise ILine 1 27.2 1 16.1 1 1 21.3 Receiver Site 6: The Church of Jesus Christ of Latter-day Saints FI G Ldn 26.2 dB(A) Leq,d 15.0 dB(A) Leq,e dB(A Truck Delivery I Default industrial noise ILine 1 26.2 1 15.0 1 1 20.2 Meridian Consultants LLC 860 Hampshire Road, Suite P Westlake Village CA 91361 1 Sound PLAN 9.1 Exhibit F - Public Works NON-PLAT CONDITIONS PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Existing Easement does not meet current City Standards and will need to be updated. Easements should be 20' wide with the Water main centered in the Easement. The city requests the easement extend 10' past the end of the main but only 5' is required. 2. The water service should connect to the Water main stub within 3' of the dead-end. 3. The sewer service should not be within 6' of the water meter. 4. Carports and other permanent structures (trees,bushes,buildings, trash receptacle walls, fences, infiltration trenches, light poles, etc.) cannot be built within the utility Easement. 5. Ensure no Sewer services cross infiltration trenches. Sewer service lines through underground seepage beds or swales are not allowed unless approved by the City Engineer. 6. Water services require a 20' easement up to and 10'beyond the meter or as close to 10' as possible. 7. Fire Hydrants require a 20' easement up to and 10'beyond the hydrant. 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 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6). 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. 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 Exhibit F - Public Works 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 http://www.meridianciiy.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, 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. Exhibit G - ACHD Project Memo Alexis Pickering,President Miranda Gold,Vice-President ACHD Jim Hansen,Commissioner Kent Goldthorpe,Commissioner Dave McKinney,Commissioner November 11t, 2024 To: Todd Smith, via email In-N-Out Burger 13502 Hamburger Lane Baldwin Park, CA 91706 Subject: MER24-0107/H-2024-0058 5985 & 6037 N Ten Mile Road In-N-Out Burger Ten Mile The Ada County Highway District (ACHD) has reviewed the submitted application for the application referenced above and has determined that there are no improvements required to the adjacent street(s). The applicant shall be required to: 1. Pay a traffic impact fee, if applicable. For any questions regarding the traffic impact fee please contact ACHD's Impact Fee Administrator at impactfees(o)achdidaho.orq. 2. If applicable, a traffic impact fee shall be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. This is a separate review process and it is the applicant's responsibility to submit plans directly to ACHD. 3. Payment can be accepted over the phone by calling (208) 387-6170 or can be sent/ delivered to the following address: Ada County Highway District Attn: Development Services 1301 N Orchard St, Suite 200 Boise, ID 83706 • Reference the file number above when making the payment. • Please note: o Fees are subject to change if not paid prior to October 1st o All card payments are subject to a 3% processing fee o All e-check payments are subject to a $1.50 processing fee 4. Submit a driveway approach request for any proposed driveways. Driveway approach permits can be found at: https://www.achdidaho.org/home/showpublisheddocument/988/638245965711600000 5. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 6. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). connecting you to more Ada County Highway District•377S Adams Street•Garden City,ID-83714• PH 208 387-6100- FX 34S-76S0•www.achdidaho.org Exhibit G - ACHD Project Memo If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, Matt Pak Planner Development Services cc: City of Meridian (Sonya Allen), via email connecting you to more Ada County Highway District•377S Adams Street•Garden City,ID•83714• PH 208 387-6100• FX34S-76SO.www.achdidaho.org Exhibit G - ACHD Project Memo Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Public Right-of-Way Accessibility Guidelines (PROWAG) requirements. The applicant's engineer should provide documentation of compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 208-387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 208-387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. connecting you to more Ada County Highway District•377S Adams Street•Garden City,ID•83714• PH 208 387-6100• FX34S-76SO.www.achdidaho.org E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement (Ten Mile Flex H-2025-0027) Between City of Meridian and Ten Mile Storage Condos LLC for Property Located at 4255 N. Ten Mile Rd. Ada County Recorder Trent Tripple 2025-067526 Boise,Idaho Pgs=42 dryalls 10/15/2025 10:16:10 AM_ CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded DEVELOPMENT AGREEMENT PARTIES: City, of Meridian - 2. Tern Mile Storage Condos LLJC,Owner/Developer THIS TFI VEL PMENT AGR. EMEN'r (this greenfent)" is made and entered into this ..day cif m., d between City of eridila n,al municipal corporation of the !state ofI ah , hereafter called CITY, whose address is 33 Ins Broadway Avenue, Meridian, Idaho 83642, and "Fen Mile Storage Condos L,L.C:, whose address is 6554 N. Fox Run ,venue, Meridian, Idaho 83646, hereinafter called C ER/DE' EI.xOPERw I RECITALS: I l WHEREAS,Owner is the scale owner, in law and/or or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit -A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein rafter referred to as the"Property"; and , L2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a'v written commitment concerning the use or development of"the subject Property,and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I I- I -3 of the Unified Development Code("UDC").,which authorizes development agreements upon the annexation and/or re-zoning of land; and 14 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of 5.545 acres of lane/with a request for the I-L (Light Industrial) zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes hove the property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made;and L6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the C:ity? Council it includes resp<-an es of govemment subdivisions providing services 'within the City of Meridian planning jurisdiction and includes farther testimony and comment;and L7 WHEREAS, on the 1611 day of September, 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 M.'w"r.Or MEN r ltcttrEt".IaltwNT _TpiN Mlt,u, ts,,x(H-202 -00 7) PAGE 1 car- 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Ten Mile Storage Condos LLC, whose address is 6554 N. Fox Run Avenue, Meridian, Idaho 83646, hereinafter called O"ER/DEVELOPER, the parry that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 2 of 8 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VILD of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. c. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted and approved prior to submittal of building permit applications for this site. d. In accord with UDC 11-3A-3, the applicant shall construct driveway stubs to the north and south property lines and record a cross-access/ingress-egress easement granting accesses to the north (Parcel #SO434417201) and south (Parcel #SO434417605) properties in an effort to combine and limit access points to N. Ten Mile Road. Copies of the recorded easements shall be submitted with the Certificate of Zoning Compliance application for the proposed use. e. All existing structures shall be removed from the property prior to issuance of the first building permit. f. The applicant shall consolidate all the access points into a single access point as shown on the concept plan. At the submittal of the first certificate of zoning compliance, the access point being removed shall be replaced with curb, gutter, sidewalk, and landscaping in compliance with the UDC. g. The multi-tenant industrial building will be allowed to develop with all the uses listed in UDC 11-2C-2,with the further restriction of Storage Facility, Self-Service and Storage Facility, Outdoor. h. Provide proof of Doc Lane being an approved private street from the county or apply for a private street application with the City prior to issuance of the certificate of zoning compliance. i. Comply with the specific use standards for a Self-Service Storage Facility and for all prospective uses going into the multi-tenant industrial building in UDC 11-4-3. 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. DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 3 of 8 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. hi the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the 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 DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 4 of 8 or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Ten Mile Storage Condos LLC 6554 N. Fox Run Avenue Meridian, Idaho 83646 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 DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 5 of 8 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval,or taking any other action under this Agreement. 20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 6 of 8 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-TEN MILE FLEX(H-2025-0027) PAGE 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Ten Mile Storage Condos LLC By (Prin Its (title): State of Idaho ) ss: County of Ada ) II_ On this 4 day of_l AP 6M , 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared AlUX ,known or identified to me to be the__0_L00" of Ten Mile Storage Condos 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 year in this certificate first above written. PATRICK LOUNSBURY Notary Public V1 01�j COMMISSION 1t20252598 My Commission Expires: 10 3 NOTARY PUBLIC STATE OF IDAHO CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Sim ison 10-14-2025 Chris Johnson, City Clerk 10-14-2025 State of Idaho ) ss County of Ada ) On this 14th day of October , 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 My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 8 OF 8 EXHIBIT A ELEVATED LAND SURVEYING ELEVATED 3534 Apolena Ave. Idaho Falls, Idaho 83401 _spencerm gel evatedlandsurveys.com 435-633-3012 LAND SURVEYING ANNEXATION BOUNDARY A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 34. Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the East Quarter corner of said Section 34; thence along the section line North 000 52' 43" East 307.01 feet to the TRUE POINT OF BEGINNING; Running thence South 89' 17' 38" West 721.17 feet to a found 5/8" iron rod and no cap; Thence North 000 51' 19" East 344.11 feet to a found 5/8" iron rod and cap marked pis 4998; Thence South 89' 16' 00" East 721.03 feet to said section line; Thence along said section line South 00' 52' 43" West 325.99 feet to the TRUE POINT OF BEGINNING. CONTAINING: 5.545 acres y%CEN 20907 r f Z-,ZO,Zf �R MCC Page 1 of 1 ANNEXATION EXHIBIT SKETCH T CITY OF MERIDIAN lv LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIP4 NORTH,RA WEST,B MERIDIAN,ADA FOUND ALUMINUM CAP MARKED ADA COUNTY,IDAHDAHO PLS 18780 2020 MARKING THE NORTH SIXTEENTH CORNER OF SEC.34,T4N,RIW,B.M. CP&F NO.2020162067 I APN ER:10 MILE I END"IRON OWNNT N MILE DEVELOPMENT,LLC RODAND 4315NTEN MILE ROAD (R57-N89°15'19"W]21.08 FT)(RS3-N89°14'48"W) FND a"IRON ROD NO CAP _'APPLs4998__ S89°16'00"E 721.03 FT(M) o a9 160 END r IRON ROD AND I I Ur LL CAP PLS 18780 I Z w Q M o M W zn LULL LL H" J_ w� ANNEXATION BOUNDARY IZ m 0 ADA COUNTY REFERENCE H W 241,557 SQ FT F °Q <A o N 71 n N Q 04 z RS1-RECORD OF SURVEY-ROB NO.2024 c m 5.545 AC I Z M m LFJ g RS2-RECORDOFSURVEY-ROSNO.12740 I i3 rcz RS3-RECORD OF SURVEY-ROS NO.9814 - RS4-RECORD OF SURVEY-ROB NO.13861 MED n v In rc C z OAPN: R:431420E I N Z OWNER:TEN EROA VORBECK 4255 N TEN MILE ROAD C, I � APN:SO434142020 I tU—OWNER:LARRY BOWMAN I ti10EN 3475 W DOC LN 20907 S89°17'38"W 721.17 FT(M) _ n m f-z-sozS o I END IRONEND A"IRON :.pA.a9 9Q�O ROD NO CAP (R51-N89°18'1]"E 721.35 FT) PLSOD AND S 18780C� ~o OF 1 APN:SO434141955 MC END r IRON OWNER:VAST PROPERTIES LLC �r n FND"IRON ROD NO CAP 4115 N TEN MILE ROAD {�,L mT ROD AND CAP FOUND BRASS CAP MARKED PLS ANNEXATION PLS 4998 187N 2020 MARKING THE EAST CITY OF MERIDIAN QUARTER CORNER OF SEC.34, T4N,Ri W,B.M.P.00_ LOCATED IN THE SOUTHEASTQUARTER OF THE NORTHEAST QUARTER OF CP&F NO.2020162066 SECTION 34,TOWNSHIP 4 NORTH,RANGE 1 WEST,BODE MERIDIAN, LEGEND ADA COUNTY,IDAHO ANNEXATION BOUNDARY LINE P.O.B. POINT OF BEGINNING —__—__— PLSS TIE LINE (M) MEASURED DISTANCE DRAWN BY:SJM /� INST. INSTRUMENT DATE:5-2-2025 —_—— ADJOINING TITLE LINE NO. NUMBER CP&F CORNER PERPETUATION AND FILING RECORD SCALE:1"80' ELEVATED GOVERMENT PLSS MONUMENT (SQ) SQUARE FEET CADFILE:25-000531685P AS NOTED (AC) ACRES LAND SURVEYING JOB NAME:31685P FOUND SURVEY MONUMENTAS NOTED J—A—LENA AVE IUAHO FALLS,IU SHEET NO.1 OF 1 435-633.812 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Annexation of 5.55 acres of land for the construction of approximately 15,900 square feet of multi-tenant industrial and 70,250 square feet of self-service storage(storage condos)in the I-L zoning district,by Jeff Hatch. Case No(s). H-2025-0027 For the City Council Hearing Date of: September 9',2025 (Findings on September 16t'', 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 9t'', 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 9t'',2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 9t'', 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 16t', 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 16t'',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 is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 9t'',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 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 613-7C). Notice of 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -2- 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 September 16',2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -3- By action of the City Council at its regular meeting held on the 16th day of September,2025. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED 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) By Luke Cavener, Council President 9-16-2025 Attest: (��, ( 9FAI. Chris Johns 9-16-2 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Na&wW Dated: 9-16-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -4- COMMUNITY DEVELOPMENT C�WE I�IAN r-- DEPARTMENT REPORT HEARING 9/9/2025 Legend DATE: Project location TO: Mayor&City Council Area of impact _= City Limits FROM: Nick Napoli,Associate Planner O Analysis _ 208-884-5533 nnapoli@meridiancity.org APPLICANT: Jeff Hatch SUBJECT: H-2025-0027 - Ten Mile Flex _ LOCATION: Located at 4255 N. Ten Mile Road in the =—� - Tom . southeast 1/4 of the northeast 1/4 of ; Section 34,TAN.,R.1 W. i I. PROJECT OVERVIEW A. Summary Annexation of 5.55 acres of land for the construction of approximately 15,900 square feet of multi-tenant industrial and 70,250 square feet of self-service storage(storage condos)in the I-L zoning district. B. Issues/Waivers The applicant requests a City Council waiver to reduce the 25-foot landscape buffers to 10 feet to the south and west and 15 feet to the north. The property is surrounded by existing residential in Ada County. C. Recommendation Staff: Approval Commission: Approval as presented in the staff report. D. Decision Council: Approved as presented in the staff report. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -5- I1. 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 VILA.2 Proposed Zoning Light Industrial(I-L) Adopted FLUM Designation Mixed Use Non-Residential VILA.3 Table 2: Process Facts Description Details Preapplication Meeting date 3/11/2025 Neighborhood Meeting 4/10/2025 Site posting date 8/26/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.0 • Comments Received Yes - • Commission Action Required No - • Access Doc Lane(Private Street)via N.Ten Mile Road(Arterial - Road) • Traffic Level of Service N.Ten Mile Road:Better than"E" - ITD Comments Received Yes:No Comment Meridian Public Works Wastewater IV.B • Distance to Mainline Available at Site • Impacts or Concerns See Public Works Site Specific Conditions Meridian Public Works Water • Distance to Mainline Available at Site • Impacts or Concerns None Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -6- Figure 1: Service Impact Summary ImpactService . . Ready a Caution ,e �a�� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -7- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject property is designated as Mixed Use Non-Residential on the Future Land Use Map (FLUM). The proposed zoning of Light Industrial(I-L)is consistent with the FLUM. The applicant is proposing to construct approximately 15,900 square feet of flex space and 70,250 square feet of self-service storage(storage condos). These uses are listed as allowed in the I-L zoning in the UDC and Comprehensive Plan. The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. The subject site is surrounded by Ada County residential properties zoned RUT. However,the broader area is primarily designated as Mixed-Use Non-Residential and Low-Density Residential on FLUM. Industrial spaces and self-storage facilities are a desired use specified in the Mixed- Use Non-Residential designation, as noted above. The multi-tenant industrial spaces provide employment opportunities and valuable spaces for small-scale industrial businesses. Each user will be evaluated at the time of applying for certificate of occupancy. The self-service storage on the rear of the property is proposed to be constructed with phase one (1)of the development. The multi-tenant industrial buildings fronting on Ten Mile Road will be included in phase two(2) of the development. The self-service storage(storage condos) are a heightened use for storage, as they will be bought individually for luxury storage. The applicant intends to condo these units once they have begun construction. The applicant will be required to short plat the property to condo the units once the building permits have been submitted. The multi-tenant industrial building will be allowed to develop with all the uses listed in UDC 11- 2C-2,with the further restriction of Storage Facility, Self-Service and Storage, Outdoor. The intent of restricting these uses further is to promote employment uses in these tenant spaces. Therefore, Staff finds the proposed use should be an appropriate use in the MU-NR FLUM designation for the reasons noted above. • 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 one (1) of its four sides. Currently, this property is used residentially, and by redeveloping it will provide opportunities for properties to the west to develop. • Ensure that regulations and plans support and encourage desired development and land use patterns within the Area of City Impact. (3.01.01 C)Based on feedback from 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. • "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity." (6.01.02B) The Director recommends a cross-access/ingress-egress easement is granted to the property to the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -8- north for future access via Ten Mile Rd. through the subject property to reduce access points on the arterial street(i.e. Ten Mile Rd.). • Pursue economic development opportunities with technology,healthcare, environmentally- friendly manufacturing, light industrial, and professional service industries. (2.08.02) The development incorporates a multi-tenant industrial building that will allow for smaller businesses to find a place to operate in Meridian. Table 4: Project Overview Description Details History N/A Physical Features Piped irrigation ditch next to the five-foot multi-use pathway Acreage 5.089 Acres B. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The site currently contains four(4)residential and accessory structures. Prior to the issuance of the building permit,these structures shall be removed. 2. Proposed Use Analysis (UDC 11-2): The applicant has indicated the proposed uses for the site intends to be industrial multi-tenant buildings along the Ten Mile Road frontage and self-storage buildings(storage condos)in the rear of the property. The use of industrial buildings and self-storage facilities(storage condos) aligns with the Mixed-Use Non-Residential(MUNR) future land use designation, which accommodates a range of commercial and industrial users. This project not only provides employment and industrial options within city limits but also advances the city's economic goals and meets the needs of its residents. Specifically,it complies with Policy 3.07.01D,which promotes the preservation of industrial land by discouraging non-industrial uses and emphasizing light manufacturing, distribution, flex-space, and base employment. Additionally, it aligns with Policy 3.03.01E,which encourages infill development within the city. The property's location adjacent to N. Ten Mile Road enhances its accessibility and supports the local industrial landscape, addressing the demand for such developments in both the immediate area and the wider community. Furthermore, industrial buildings and self- storage facilities are permitted in the I-L zoning district,which supports the applicant's proposal. 3. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the I-L zoning district in UDC Table 11-313-3.Based on the concept plan and elevations, the applicant is meeting the 35 foot building setback, and 50 foot height limit. 4. Specific Use Standards (UDC 11-4-3): UDC 11-4-3-34: Storage Facility, Self-Service a. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. The applicant is proposing the storage facilitylbuilding to be for storage condos which will be for personal storage use and not for business purposes. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -9- b. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Chapter 3,Article E, "temporary use requirements", of this Title. The applicant will comply with this if and when this happens at the facility. c. The distance between structures shall be a minimum of twenty-five(25)feet. The applicant meets this standard. d. The storage facility shall be completely fenced,walled,or enclosed and screened from public view. Where abutting a residential district or public road,chainlink shall not be allowed as fencing material. The storage building will have enhanced architecture, and the roll-up doors will screened from public view. This is not a typical storage building as it will be used for storage condos, which is a more specialized and heightened use. The applicant is also proposing fencing that willfully enclose the storage facility. However, the fencing shall be closed vision. e. If abutting a residential district,the facility hours of public operation shall be limited to 6:00 a.m.to 11:00 p.m. The applicant will conform with this standard. f.A minimum twenty-five-foot wide landscape buffer shall be provided where the facility abuts a residential use,unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9.0 of this Title. The applicant is requesting a council waiver to the 25 foot landscape buffer to reduce it to 10 feet for the adjacent residential properties to the west and south and 15 feet to the north. The applicant has received letters of support from the neighboring property owners to the west and south in support of this waiver. g. If the use is unattended,the standards in accord with Section 11-3A-16, "self-service uses", of this Title shall also apply. The applicant will comply with these standards. h. The facility shall have a second means of access for emergency purposes as determined by the Fire Marshal. The fire department has reviewed the concept plan and has deemed the site to have adequate access. i. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. The applicant is not proposing outdoor storage on the site. j. The site shall not be used as a"vehicle wrecking or junk yard" as herein deemed. The applicant will comply with this standard. k. For any use requiring the storage of fuel or hazardous material,the use shall be located a minimum of one thousand(1,000)feet from a hospital. Not applicable. C. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19): Based on the concept plan,the applicant appears to comply with the standards outlined in UDC 11-3A-19. The applicant has positioned no more than 50%of the total off-street parking FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) - 10- between building facades and abutting streets. Additionally,the building on the eastern portion of the site exceeds the 30%building frontage requirement. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 25-foot wide street buffer is required along N. Ten Mile Road, an arterial street. This buffer shall be landscaped per the standards in UDC 11-3B-7C. The concept plan shows a 35 foot setback from Ten Mile Road with the landscape buffer inside of this meeting this requirement. However, the existing landscaping between the sidewalk and Ten Mile Road will be required to be brought into compliance and landscaped per UDC 11-3B-7C. The landscaping will be evaluated with the certificate ofzoning compliance and shall be landscaped per UDC 11-3B-5-2B-0. ii. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-313-8. The proposed concept plan does not meet the minimum requirements. The western parking landscape shall be widened to 7 feet and the parking stall shall be reduced to 17 feet. The landscaping will be evaluated with the submittal of the certificate of zoning compliance. iii. Landscape buffers to adjoining uses A 25-foot wide buffer is required to the residential land use to the north as set forth in UDC Table 11-2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B- 9C. The Applicant requests City Council approval of a reduced buffer width from 25-to 10-feet adjacent to the residential use to the west and south and to 15-feet adjacent to the residential use to the north as allowed by UDC 11-3B-9C.2.A reduction to the buffer width shall not affect building setbacks.A letter was submitted from the abutting property owner to the west and south, agreeing to the proposed reduced buffer. A letter was not provided from the property to the north. iv. Tree preservation Per UDC 11-3B-10,the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred(100)percent replacement(Example: Two(2)ten-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five(5)four-inch caliper trees, or seven(7)three-inch caliper trees). Deciduous specimen trees four-inch caliper or greater may count double towards total calipers lost,when planted at entryways,within common open space, and when used as focal elements in landscape design. A Tree Mitigation Plan should be submitted with the final plat detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-1OC.5. v. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along N. Ten Mile Road. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) - 11 - 3. Parking (UDC 11-3C): i. Nonresidential parking analysis UDC 11-3C-6 requires one space for every two thousand(2,000) sq. ft. of gross floor area in industrial districts. However, staff asked the applicant to provide commercial parking standards for the flex space fronting on Ten Mile Road which require one space for every five hundred(500) sq. ft. of gross floor area. In addition, self service storage facilities only require parking based on the size of the leasing building which was included in the 15,900 square feet. The applicant is proposing 47 parking spaces on the concept plan which exceeds the 32 spaces that are required with the buildings (15,900 square feet). Additionally, the applicant anticipates potential commercial users will use portions of the site in the future which is why the parking is in excess. The uses will be analyzed as they are proposed within the tenant spaces. ii. Bicycle parking analysis A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is not depicted and the plans shall be revised to incorporate the location of the bicycle parking with the Certificate of Zoning Compliance submittal that meet these requirements. 4. Building Elevations (Comp Plan,Architectural Standards Manual): Goals 5.01.02C and 2.09.03A of the comprehensive plan promote area beautification and community identity through heightened design standards providing distinct and engaging identities. The Architectural Standards Manual requires modulation in the surface plane at no less than 50 ft. intervals. There should be at least 2 pedestrian-scale architectural features,and physical distinctions to anchor the building. There should be at least two different field materials,with at least one accent material. In response,the developer is proposing a multi-tenant industrial building fronting Ten Mile Road with a mix of metal siding. This shall be revised with the submittal of the certificate of zoning compliance to provide an additional two(2)field materials to comply with the ASM. Additionally,the developer is proposing four(4) storage buildings with the primary material consisting of metal as well. Since these storage buildings are visible from an existing residence,the applicant shall revise the end caps of the storage building to incorporate design elements that comply with the ASM. The proposed elevations do not meet the architectural manual. However,the applicant shall submit the architectural standards manual checklist with the design review application to ensure compliance with these standards. Staff and the applicant will work together on the elevation during this submittal. 5. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The submitted concept plan shows fencing on the Northwest portion of the site but does not provide details. The applicant shall include fencing details with the submittal of the certificate ofzoning compliance. The fencing is required to be closed vision fencing as it is abutting residential. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) - 12- D. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.02B emphasizes reducing the number of access points onto arterial streets by utilizing strategies such as cross-access agreements, access management, and the creation of frontage and backage roads,while also improving connectivity between local and collector streets. Access is proposed off N. Ten Mile Road(an arterial street)through a single curb cut. The applicant has condensed the two(2) access points to N. Ten Mile into a single access point on the north portion of the property. Doc Lane,the existing and proposed access point, is a 30- foot access easement that runs along the northern portion of the property and provides access to the property to the west(Parcel#S0434142020). The applicant is proposing to improve Doc Lane as the primary access. However, cross access is required to the property from the north and south,which will function as a backage road parallel to N. Ten Mile Road that will align with W. Belltower Drive in the future. At which time,the Doc Lane access will either be closed or restricted,as determined by ACHD. Staff finds the proposed entrance to be in compliance with the UDC and the comprehensive plan. Additionally,the applicant shall record cross-access ingress/egress easements with the properties to the north and south prior to approval of the certificate of zoning compliance application. 2. Multiuse Pathways,Pathways, and Sidewalks (UDC 11-3A-5, Comp Plan, UDC 11-3A-81 11- 3A-17): The site has an existing detached 5-foot sidewalk along N. Ten Mile Road,which has been determined to be sufficient by the city parks department. Typically, 10-foot detached multi- use pathways are required along arterial and collector roads. However,the 5-foot detached sidewalk was recently constructed, and the parks department deemed it acceptable at this time. Additionally,the curb cut that is being removed shall be replaced with curb,gutter, sidewalks, and landscaping with the first certificate of zoning compliance application. The applicant has provided a pedestrian connection to the multi-tenant industrial building fronting Ten Mile Road and along the south side of Doc Lane. This is an adequate pedestrian connection,but where the pedestrian connection crosses through vehicular driving surfaces, it is required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. This shall be revised with the submittal of the certificate of zoning compliance application. 3. Private Streets (UDC 11-3F-4): Doc Lane is currently a private street in Ada County and is used as the main access point for the property to the west(Parcel#S0434142020) of the subject property. The applicant shall provide proof of the approved private street from Ada County or apply for a private street application with the city. This will be required prior to issuance of the certificate of zoning compliance application. E. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): There is an existing irrigation ditch that was piped on the back of sidewalk. The applicant shall maintain the irrigation pipe and coordinate with the irrigation district for any changes to the irrigation network. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) - 13- 2. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. 4. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat or certificate of zoning compliance shall not be submitted until the DA and Ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VIII and the provisions contained herein. b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. c. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted and approved prior to submittal of building permit applications for this site. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) - 14- d. In accord with UDC 11-3A-3,the applicant shall construct driveway stubs to the north and south property lines and record a cross-access/ingress-egress easement granting accesses to the north(Parcel#SO434417201)and south(Parcel#SO434417605) properties in an effort to combine and limit access points to N. Ten Mile Road. Copies of the recorded easements shall be submitted with the Certificate of Zoning Compliance application for the proposed use. e. All existing structures shall be removed from the property prior to issuance of the first building permit. f. The applicant shall consolidate all the access points into a single access point as shown on the concept plan. At the submittal of the first certificate of zoning compliance,the access point being removed shall be replaced with curb, gutter, sidewalk, and landscaping in compliance with the UDC. g. The multi-tenant industrial building will be allowed to develop with all the uses listed in UDC 11-2C-2,with the further restriction of Storage Facility, Self-Service and Storage Facility,Outdoor. h. Provide proof of Doc Lane being an approved private street from the county or apply for a private street application with the city prior to issuance of the certificate of zoning compliance. i. Comply with the specific use standards for a Self Service Storage Facility and for all prospective uses going into the multi-tenant industrial building in UDC 11-4-3 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) - 15- B. Meridian Public Works Wastewater + Distance to Sewer Available at Site Serwices + Sewer Shed • Estimated Project See application Sewer ERU's WRRF declining Balance • Project Consistent Yes with WW Master Plan/Faeiliityr Plan • IrnparLgci3ncems See Public WflrksSite Specific Conditions Water + 'Distance to Water Water Available M Site Services • PressureZone • (Estimated Project See application Water E RU's • WaterQualityr Mane • Project Consistent Yes with Water Master Plan • Impads/Corioerns M - NON-PLAT CONDITIONS Piiia tu Womv-s DkrAdrrmE n, Site Specitre Cundiliuns of Appruvid 1. lkrinp a 9'Water main fnrcn'l'cn M ile Rand to the Westurn}un}xziy_]lie %vi I I need a 20' Imsement for this_ 2. Instal l R"Main to Suuthcsn boundary,A 20' Na rrnLwt it nquired with the main Centered. 3. A Fcncc is Akawcd to c7tvis perpcndiculsr t,u the C:ity's casma M,however it must not have any posts in tiro ca-%micnls and any panels crossing the easement must by removable without having to mmove other panch,A gale is alloyed to cxm-g a City Utilitycascment,howcwcr it must be wide enough to allow the Uty to have access to the full width ofthe[sE x ent_F!o pouts arc aJ kawcd in the eaAcment_City must have ability to open the gate at all timC�q_It wiJ I be required to provido a memo siating haw the Lity is to have access cm dre utility plan. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) - 16- 4_ Any wells that m iJJ not continue tso he used must he properly abandoned according to Jdaho Well t nnstruclion Stemdanb Ruins administered by 16e Idaho I)gMrtment of Water Resources (LI)W R)_The Llicvel>tacr,Owner,or prajcct Engjnecr,shall provide a statement addreming w hcther there are any existing;wells in the development,and i f so,how Lfi y will continue to be used,or provide r000rd of their albandonmcnt_I Cwclls are to be ahamdoned,the project owner or theirrcprcmcntsbve must contact the ILIWR Groundwater Protection Section(Aaron Skinner, l lydragenlogist 2W-7 ii74972)Bk FOKE'amy work is done to decommission an existing well (even it it is believed that the well in less than 1 H ft deep)_Proof of communication with EL1 W R mavt be submitled In the L*prior to any wank being done tto decarmmission the well.Failum to camnwnicatc with I1DWR may result m additional wnrk and expense tar ciecom-rrumian the well. 5_ Ensure no sewer services pates lbrokWh initltratkm trench 6. Provide 2tr Easements&F mains,hydrant Jaterals and water services. Esascments shouJdeatcnd up to the end a mwinlhydrantlwatcr motor and I tv beyond it_ 5. No rermarwilt structures Qrees,bushed buildings,ca"rls,trash receptacle walls,fetwes, inTilLrrtiDEt tr:nCheb,light poled etc_}to be built within the utility easvnont_ grkmvral C'ondi4onz Df Approval 1. ApphUflt shall oaardinatc water and sewer main sine and routing with the Public Works Di,-partmmt. 2. F`cr Meridrwn City Code(MCQC the applicant Khali he responsible to install sewer and water mains uo and through this developmcrmt_ Applicant may be clioble fora reimhumorrent agreement for infrastEuclum enhamecmenr per MU('H-6-5_ 3. The wpplicant shall provide earement(s)for all public watedsewer mains outside of public right of way(include all vrarcrscrvicevs and hydmants)_ Sewerlwatcr casement vanes depending on server depth.Sewer 0-20 ft docp require a 30 R easement*24-25 Lti 2L44 R easement,and 25-30 ft a45 R casement. RTm=no permanent structures{trees,bushes,buildings,cahl►orls,trash roccp(acle walLs,fencer,infiltration trenches,Jiy ht poles,ctc_)are built within the utility easement. Submit an execulM emcnment(on the form available from Public Works),a legal description prepared by an Idaho E_iccmed Pmfcasional Land%urveyor,which must include the area of the easement (r wriEtxl I;XI 11 lif L'A)and an S l l2"x 1 I"nu p with bracing r and didamcrs(ntwkr l I i7C111131'1'1#] far review_Both exhibits must be sealed,signed and dated by a Profs ional Land Surveyor_IX) N{F1'Rk C'0RL1_ 4. The C4 of Meridiem requires that presiurizcd irrigation syslenvs he supplied by a year-round source rrfwaler{tJ DC 1 1-3134}.Tbc applicant should be required to use any existing surface or well water for the primary sourer_ If a surface or well solace is not avai lab le,a single-point connection to the culinary water system shall be:roquirud.if a single-point connection is uti lard, the developer will be respnnsi ble for the payment of agscswmenLs far the common areas prkw to prior 1A5 receiving dcvelopment plan approval_ 5. Any stnutures that are alYowcd in retrain shall be subject to evaluation and Fxx9siblcreassiguEncm ofstrect addruw g to he in compl Lance with MCC_ 6. All irrigation ditches,ranaLs,Laterals,or drains:cxehrsivc of natural waterways,intersecting, crossing or layingadjacent and contiguous to the arcs being subdivided shall he addrusscd per UIX' I 1-3Afi_ In performing,such work,the applicant shall comply with 1da6D Co nde 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must he properly abandoned according to Idaho Well C:Dnstruc6on%=daFd�Rules adminisLmrd.by lime Idaho I)gmrLment of Walcr Rcsourcc_s_ The FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) - 17- LX-YdvM-r's Enginaxr shall provide a YLAdumn mt addn:!ising whcthu there am any-uxis6ng wells in the development,and if-go,how they will continue to be used,or pTsvide record of their ahandon end H. Any existing septic systcros within this project shall be removed fiam-%-rvioe per CityOrclinwwc Section 944 and 9 4 8_ Contact Central District I Icalth for abandonment procedures and inspection{20ii}375-521 1. 9. All irnprovemcnu related to public life,safety and health shall be completed prior to occupancy of the strucitaTs- 10- Applicant shall be required to pay Public Works dcvclapment plan review,and construction inspccucm fees,as determined during the plan rcvjcw proem,pnar to the ua ancc 4Fa plan approval letter_ 11_ It shall he the resgxmsibu*of the applicant to-unsure that all dewelorpmcnt features comply with Lbe Americans with D7 sabilihes Act and the Fair dousing Act. 12_ Applicant shall be rcgaonsibJe for application and co rnpliance with any Seclian 404 Permitting tbal nag be required by the Army Corps Gf 1inpinocrv_ 13_ Developer shall coordinate mailbox Jacatjow with the Meridiem Part Office- 14. Comspaetion test results shall be submitted to the Meridian Building L)gmr= nt for all building pads roDuiving engineered baekfill,where fasting would sit atop fill material_ 15_ The design engineer-9hall be rcquimd is certify that the suaet centerline elevations arc-set a minimum of 3-feet above the hipAml odablished peak groundwater clevation_ Thin is to en-gure that the bottom elevation of the crawl arpaces of homtes is at least I-fool above. 16_ Thcapplicants deign engineer shall be responiblu for iuspedion stall irritation andror drainage facility within this project that do not fall under the jurisdiction of an irrigation district or AC]ID.The design engineer shall pnrAdc certification that the facilities have been installed in acesrdancawith the appmvM design plan.This certification will be required before a vcnifwate of occupancy in is-sued for any gIructures withm the prfij-uct- 17_ At the completion of the ptalerlr the applicant~hall he msponsiblc to submit record drawings per the L*of Meridian AutoCA l)-AAnciar&_ These record drawin&a must be rowived and approved prior to the issuance of a certification ofoecupancy for any straziurais within the project_ Ili. A street light plan wil l need to he included in the civil comsuucticm plans.Street light plan requirements am listed hi smitinn 6w5 of the Improvarnent Standards for Street Lighting_A►copy of the standards can be Found at hup=l,'www=mcridianrily.or�(publin_vmrksa9px_�d-272_ 19_ The City of Meridian rcqujres that the owner post to the City a performance sruety in the amount of 1253E nfi the total connuuclion OWL for all incomplete sewer,wata-r and reuse infrasvtactutc prior to final Vial siptature_Thiq qurctywill be verified by a line item coat estimate provided by the owner to the City.The surety can he panted in the farm eFan irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can he found on the Ut mmunity IJevck pment 13cparltnent wcbsitc_ Please contact[,and[]cvclopmcnt Service for more information at 987-2211. 20_ The[Sty of Meridians requires that tiro oKmer past to the City a warranty surely in the amount of 20%of Ilrc total eanstruction cast for all completed sewer,water and reuse inf,astr,cuue#or dw-At on of fivo years-"Chin surety will be verified by line item coat estimate provided by Lhe owner to the City_The sur-uty 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 he found on the Community Dcwkq ncnt Dcparlmmt website_ Plca_w contact[,and De�lopmcnt tin-vice for more infiormalion at 887-2211. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) - 18- C. Ada County Highway District(ACHD) Click or tap here to enter text. Pmadaw CHD .. V" wwaieY�herpr ranTNrerw avorloal*=oc%[4nmrrcow Date:tune 25¢-2C25 TO.]4(f Hach Staff Contact:Matt Pal.Plan rrer Pr-Djen E*scripti❑rt Ten Mile Flex Trip GWAradon This d�uelopnwent rs ss[�rr,a[ae[o gln�ra[e TT91lhrG1!trtips der drby, 21 vahKlb lei p Poe 00ur ill rh*pM p#ak t+ v r.bilt*d on[rt I nariivIe of Trardlo" t kwe Engineers Trip Generation Manual,TV edition- Cho fulure with plannc,-: C❑mmenM The tables abow liist the exiVti nQ conditiiu,s of the sw►oundin9 roadways wit*out the pr❑p€rsed development as this application i�for annexation and romrworiy.with a future ermi0onrhent appacstion,urls summarywlU be updated for lIM the OeVOk-pmentand its si- {rat, connecting you to more Ad■aou-AyuIgh—WDiFC-iG*-MW wLhWkri..W-iohmiD-ftns-PuXe-x"wa-rrs+o-�raa-,....wdW. V. FINDINGS A. Annexation(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: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) - 19- 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's proposal to annex 5 acres of land with I-L zoning for the development of 15,900 square feet of multi-tenant industrial and 70,250 square feet of self- service storage (storage condos) is consistent with the Mixed Use Non-Residential FLUM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to I-L and conceptual development plan generally complies with the purpose statement of the I-L district in that it will encourage industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely or almost entirely within enclosed structures and is accessible to an arterial street(i.e. Ten Mile Road). 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed industrial use should be conducted entirely within a structure. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. VI. ACTION A. Staff: Staff recommend approval of the proposed annexation with the requirement of a Development Agreement. B. Commission: The Meridian Planning&Zoning Commission heard these items on August 2Pt,2025. At the public hearing,the Commission moved to recommend approval of the subject annexation request. 1. Summary of Commission public hearing_ a. In favor: Jeff Hatch, Chris Adler b. In opposition:None C. Commenting: Jeff Hatch and Chris Adler 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 Commission: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -20- a. The commission had a brief discussion about the reduced landscape buffers to the existing residences. They ultimately determined they had no concerns with this; however, it is a council decision. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)sus)for City Council: a. Council waiver to reduce the 25-foot landscape buffer to the existing residential properties to 10 feet to the south and west and 15 feet to the north. C. City Council: The Meridian City Council heard these items on September 9',2025. At the public hearing—the Council moved to approve the suWect annexation request. 1. Summary of the City Council public hearing a. In favor: Jeff Hatch b. In opposition: None C. Commenting: Jeff Hatch 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. Council discussed traffic generation from the development and what the future road network looked like for this property and the neighboring properties. In addition.the Council had uestions out the proposed improvement for Doc Lane. 4. City Council change(s)to Commission recommendation. a. None FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -21 - VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend Project Location Area of Impact 0 Analysis .� aea p M` Ito,1"11 pom 7. 1 -oil logo. 'fan � and i .j Alk tl __ u _.� e FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -22- Ron/ ' � �I n■/::::- innnlr IIi# on mq vA■■■Rom - • IWiIIC/qA1 +' it /ff[ - _, ■rfff■glnr■. 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Ir[II::-- ■i1M:pf1■Ziiiir�-r�■��w; ■a1111 IIIIIi: -[[[/ -- 111/omll' limit i1111■■dlil,7 om■r rum m _ _ mnnons In ■■■■��Ii_IIIi� 1■1■rl[I■ I,II[IIIIIh 111111` I■a' nano ■ MC MILL LIiN - -- -'-�--- Alllll 1■/ 7�' �WORlul Illull i - ' Illlf y' !il Cg- a■■1�m Ilurinnw/aril IEnnr Irt nnnnn= ■ �emlllrnll iuul� r a unm `_■wn\- ,,,,1 � nlrrel �■..�- ■ _ momRo -_/11111111 fFlllrr•� Illln C O/R �"� Ir ffnfaf -=Tllllrll `� �l 1//1OI IAII�' uAN ■ s//I�R ,rnnr,i _IIIIf+:\71 /� � !:- ##�R'f■nu n #511�.1+unu■ni:Q �__�:C-:r/1�� �■■11 �1■ f� r# #� fil �� :#��: ,plN,n •lil LJp IrllIT In•[nuom I Mom m n n■n■.� il� no■- �_ �li■1 ::��Z�9ye � rii iron lIIR �ilr�� �: L•.. rr i1/arRi x� ■m■ .^ saw t � ■nit:i r W rnr� r1,1� ■ f:■ - n s � lien -Rom � oil IIII e 111■ ■1111 ■■■: ili Iunm ' R Rl�'+arrmni■ `m3u USTIC�( w ... r1/m■► .Ili RRa� 'ors rina■■■ �.w■en■r■—ia ■■m■a .nrfnu mI� f■...-a►• i■■rI■�Ir ■//■/ limn■■/■rrrfl� -ifEomlR A 7 n■■m r■ om■f■Inlmuu i■r .■oml ■ Fr o■rr■ me 11 �P mom r■„ aaa+Imeulq HERo■ #■ ■r ■■ / k ■■■■mom Room mommm :i' u � '��i- ■w ■ �, � ♦� ■■■, ■■ 1i ■ �7r■f■ r..■ R � ammo 4. Planned Development Map LegendUTM � Project Location r0 - ;;;Area of Impact "--` ® as T=` City Limits fl ' qp Planned Parcels gil�9F O Analysis LH 1 � oo - o FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -24- B. Subject Site Photos rr= s i — � Type tex he2O8re FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) —25— C. Service Accessibility Report Overall Score: 22 10th Percentile Description ■ ■ Lc cation Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 ac--et GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals some of the time YELLOW Pathways Within 1/4 mile of current pathways GREEN Transit Not within 1/4 of current orfuture - -.sit r to RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master street= GREEN plan) matches existing (# of lanes) School Walking Proximity From 1/2 to 1 mile walking YELLOW Either a High School or College within 2 miles OR. a School ❑rivability Middle or Elementary School within 1 mile dr,,,e1n_-. GREEN (existing or future) Park Walkability No park within walking distance by park type RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -26- D. Site Plan/Phasing Plan (date: 7/28/2025) SHE RECAP AM! BUILDING AREA RECAP - ---------- -4 LL LA L-1 I r z ------------ ------- ----- A� ................ ........... N SITE SITE PLAN PLAN A-1.0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -27- PHASING NARRATIVE 5I T E RECAP L I'I BUILDING AREA RECAP :•:• a W t u J `I, a r -- --- — 3 x 'a „ PHASING SITE PLAN .ma PLAN A-1-1 Building Elevations(date: 6/20/2025) EXTERIOR FINISH gS E SPECIFICATIONS S Y. NORTH'ELEVATION- &LAG I SOUTH ELEVATION -RLDG T W J _ 4 z F WEST ELEVATION- 6LOG 1 L LL V!II::NS EAST ELEVATION - 9LOG 1 A h.^ FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX-FILE H-2025-0027) -28- EXTERIOR FIN15H SPECIFICATIONS S 4 liEL HORTH'ELEVATIOH - BLDG 1 sc)Llllh ELEVATION - RLOG-1I W J LL _ _ = W Z a 1W1 WEST EL f VATION - BLOC: I r ——ie riuw� i ---ioa� L1LI LNN)[ LIk YAIKlNS EAST ELEVATION - 6LDL: 1 A-4.11 EETIRI0' FINISH SPECIFIC AT I 0 N5 536 4 H ORIH ELEVATIOH - BLDG 3 0 SZUTH.,YELEVATION - BLOG S n J LL - W Z WEST ELEVATION - BLDG 3 ._ <._� LYIl1tlLili F1LYAlIL1NS EAST EL E YATION - BLDG 3 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -29- E}CiERIOR FINISH 5 PE CIFICAilONS � - u .--a�i� —•�YE�A NORTTH ELEVATION - BLDC:-:ate S0.UTH.ELEVA110N - BLDO A x J LL W — a J Z W W WEST ELEVA.T10r, 3LDG 4 --.yam LXIll:1[]R LLL.VAIE.IHS E A51 E L E V AT I - BLDC: 4 A-4A FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -30- E. Annexation Legal Description& Exhibit Map ANNEXATION EXHIBIT SKETCH CITY OF MERIDIAN _N1NE✓>AIR1_W WM W TIE NGRIF4ASTOLVKIER Gf SEGImNSNIOVHiENIP4 Iv'1RrH,FANr,E°v.EST.Ra�AIEFELw. EouN�nLUINum nr m,w�J anRcauNrY.Ipallo sEc usr4mrv�R�w e.m� CP6F H0212016L16i I I RPrv:5W5a142,25 I FNDI'RON 411GNTENLE ROAD,OmILE DEVEL01#EHi.LLC FNOkIRON ROD AND 411E N [R31-NSB°lE',vw TfI.O8 Fi1MSS.N�°,Y<BYl1 589°15'OTE 721.0 FTIMI Imo o _ SC+ILE:1'-w I � R FND�'LMN ROD AN6 I 0 LL GFnL3,ErB0 p z �w W mgS ID W2 igg ANNEXATION BOUNDARY i z w G ADAOQUNTYREFERENCE c 241.557 SO FT I H$N N $ 4N R R31-EppPp OFSURrEY-ftps NO.M34 5.545 AC 1 z I� 4] $ Rgy.E{CORPOF sumEv-Rpg Np.7rap ®"d- ft�..rrEcovnaF sua.�v.rmsrmiye�ra o ftsa-rrEcpftnaP suRVEr-Rpsxp. u, I O v 43 Z 4zsENTEN muE Rou-ft am S, ovmER:uPRv BawAUN I 1 W DOCEry I Ppa � zo9C7 ,p� 589`17'38"W 721.17 FT IMI NogI am iEPOcaNR IA51-N84',s tT'Ei2t.13 FT] PCONID�CAP �$ �`�7y7 OwNFR',vh4r e.OPEHrIEs AtOgimtM Fi FNPr'ft0" ANNEXATION ft00 Alq pAP 41,SNTEN MILE FdIN0 NL959 CAPNI4ftItED PLS S°'a3 ,c TIRc.E,o'HEEaa CITY OF MERIDIAN BUNTER CORNEN.OF fiEC,3i, IDG.TEp IN TIE SpNNEM13T W nRrFR OPTIE NCRTfiIUT WI32iHi0F T.N,Rtrv,&la rA,C, 9ECTKKJ36,TdfMSHIP�NORTH,RANGE I riE5T.B015EHERIDVJ4, LEGEND cPSF No.aoxo+smca LwA Wum,xwq RL58nPry STI TONlIlE A DOurvDNYLIE RaB RarvioF R[cZ E Im1 FE 9uRE0 oc5rnCE pgnvm ev:sum INST. NS T DRiE:S4ID25 ___-_-a ADJOININp TPRE LIE Np OpRNERPERPE Ar10N.NpEiNGREGWm E' ELEVATED coa -'ElulENF nssNann4en I3OI sauARE�Er eaoFllE: moc-s,�s� LAN�5NRVEYINC .NOTEp In4} AORES FOUND 9uRVEV MONLMEI.T AS NOTED 3534a uLE,o SNEETN9.,PF, 4-2 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -31 - AA�� ELEVATED LAND SURVEYING 3534 Apolena Ave_Idaho Falls, Idaho 83401 ELEVATED1 pL-m-m(ci!elevatedIanckurvcyx_rnrrr 435-6334012 LAND SURV EYING ANNEXATION BOUNDARY A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 34_ Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho,more particularly described as follows: BEGINNING at the East Quarter corner of said Section 34; thence alone the section line North 00' 52' 43" East 307.01 feet to the TRUE POINT OF BEGINNING; Running thence South SW 17'38"West 721.17 feet to a found 518"iron rod and no cap; Thence North 00° 51' 19" East 344,11 Not to a found 5f8" iron rod and cap marked pls 4998; Thence South 89' 15'00" East 721,03 feet to said section line; Thence along said section line South 00' 52' 43" West 325.00 feet to the TRUE POINT OF BEGINNING_ CONTAINING; 5,W acres } ' L f Z0907 r ' i 07 i f f FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEN MILE FLEX—FILE H-2025-0027) -32- E IDIAN --- AGENDA ITEM ITEM TOPIC: Music License Agreement Between AIITrack Performing Rights and the City of Meridian ALLTRACK Performing Rights Music License AIITrack Performing Rights LLC Account# 110726 324 S.Beverly Dr.,Suite 523 Licensee City of Meridian, Idaho Beverly Hills,CA 90212 Contact Garrett White www.alltrack.com Contact Email gwhite@meridiancity.org Address 33 E Broadway Your Contact City,State,Zip Meridian, ID 83642 Hamish Brown Billing Email gwhite@meridiancity.org licensing@alltrack.com Start Date 10/01/2025 (424)378-5684 Due Date 10/01/2025 Description Amount Annual License Fee-City of Meridian 10/01/25-09/30/26 $ 1,523.00 BALANCE DUE $ 1,523.00 Licensee Signature AIITrack Signature Printed Name Robert E. SIfTIISOn Printed Name /OtVI rr Title Mayor, City of Meridian Titleeg�{a�` LicBt��rVla ��uk?4e�S Date 10-14-2025 Date 3 ' Attest: Chris Johnson, City Clerk 10-14-2025 For assistance call(424)255-1637 Please make checks payable to AIITrack Performing Rights LLC with reference to your account number. To pay by ACH or wire,please contact your AIITrack representative for account information and payment instructions. ......................................................................................................................................................................................................................................................................................................................................................................... Detach and return this portion with your payment. ALLTRACK Account#110726 Performing Rights City of Meridian, Idaho 33 E Broadway Meridian, ID 83642 Make checks payable and remit to: AIITrack Performing Rights LLC Balance Due: $ 1,523.00 324 S.Beverly Dr.,Suite 523 Beverly Hills, CA 90212 Payment Amount: $ Schedule 1 to Music License ALLTRACK Performing Rights Licensee Information Form Please provide the following information regarding the party obtaining an AIITrack performance license. If you have any questions, please direct them to licensing(a_alltrack.com or(424)255-1637. Licensee(party seeking music license) City of Meridian, Meridian, Idaho (Municipality/Local Government Entity Name) (Street Address) 33 E. Broadyway Meridian ID 83642 (City) (State) (Zip) (URL) Garrett White 208-888-4433 Gwhite@meridiancity.org (Contact Name) (Phone) (Email) Billing m check here if all billing information is the same as above Invoice Preference (Billing Street Address) m Digital ❑Paper ❑Both (City) (State) (Zip) (Contact Name) (Phone) (Email) Comments (Optional:please provide any comments that may assist with processing your license) Form Completed By (Name) (Phone) (Email) (Date) A ALLTRACK Performing Rights Schedule 2 to Music License Reporting Form Form Submissions/Questions Municipalities/Local Government Entities licensing@alltrack.com (424)255-1637 FORM OVERVIEW Please provide the information required below and submit your completed form by email to licensing@alltrack.com.Capitalized terms not defined herein shall have the meanings ascribed within the Fee Schedule.This form is hereby incorporated by reference to the Music License. Licensee Name(legal) City of Meridian,Idaho Licensee Population 147,340 License Start Date 10/01/25 Form Completed By: Individual Name Steve Siddoway Title/Role Parks&Recreation Director Email ssiddoway@meridiancity.org Phone 208.888.3579 Date 3/36/2025 AIITrack Terms of Use Welcome to the AIITrack"Terms of Use". These Terms of Use by and between AIITrack Performing Rights LLC("AIITrack"),a Delaware limited liability company, and the party referenced in the Agreement("Licensee"),together with any of the following applicable documents—Music Licenses, Fee Schedules, Licensee Information Forms, Reporting Forms, Invoices—and any other applicable Schedules,Attachments,Addenda or Exhibits (collectively comprising the"Agreement"or"Music License"), constitute a binding agreement between AIITrack and Licensee, and set forth the terms and conditions pursuant to which Licensee may publicly perform("use"or"play") Music. Capitalized terms not defined herein shall have the meanings ascribed within the aforementioned documents collectively comprising the Agreement. 1. GRANT, DESCRIPTION AND LIMITATION OF RIGHTS As of the Start Date and throughout the Agreement Term,AIITrack grants to Licensee a non-exclusive right to play, in whole or in part,any and all musical compositions(works)in the Territory for which AIITrack is authorized to license the music publishing right of public performance ("Music"),solely as specified within the Music License. The grant herein is limited exclusively to the aforementioned rights, solely for public performances in the United States of America and its commonwealths, territories and possessions, including the Commonwealth of Puerto Rico (collectively the"Territory"). Licensee shall not authorize, grant or license to another party,or otherwise commercially exploit the right to publicly perform any Music by any means or method. For purposes of this section, third parties do not include Licensee's officials, employees, contractors,and Meridian City permit and license holders. The grant herein excludes performances of Music which are authorized by AIITrack pursuant to any other AIITrack license agreement, music associated with "Grand Rights"(musicals, plays, revues,operas or ballets)and the sound recording rights embodying the works in the AIITrack repertory. This grant of rights does not convey any rights, express or implied, other than those expressly granted by the Agreement.All rights not expressly granted to Licensee are reserved by AIITrack. 2. AUTHORITY AND E-SIGN CONSENT You hereby acknowledge and agree that you, as the individual entering into this Agreement on behalf of Licensee, represent that the information that you are providing in connection with this Agreement is true and complete, that you have the full right, power, authority and approvals to enter into this Agreement on behalf of Licensee, and that your agreement to this Music License constitutes Licensee's intent to be bound by its terms and to promptly pay all fees and other applicable amounts payable(if any). If you are submitting your agreement hereto electronically,you acknowledge and agree that it shall satisfy any legal requirement that signatures of Licensee and AIITrack be in writing.You are advised to maintain copies of electronic documents, confirmations and communications by printing a paper copy or saving an electronic copy. 3. CONDITIONS Licensee shall not grant to or authorize any subsidiary, parent,affiliate or third party the right to publicly perform the Music, regardless of means of transmission,without a valid AIITrack license or AIITrack's written consent. For purposes of this section, third parties do not include Licensee's officials,employees, contractors, and Meridian City permit and license holders. 4. LICENSE FEE With respect to the rights granted herein, you agree to pay an amount to AIITrack for the right to publicly perform (play)the Music(the"License Fee"), calculated and payable in accordance with the applicable Fee Schedule(s).You agree that your use of Music is accurately represented in this Agreement,that upon entering into this Agreement you will have secured the appropriate type of AIITrack license(s)for your business or entity and use of Music,and that you will notify AIITrack immediately in writing if your use of Music changes in a manner that would require incremental License Fees under this Agreement,or additional AIITrack Music Licenses or alternative types of AIITrack Music Licenses.All payments of License Fees hereunder are non-refundable and subject to late fees of 1.75% per month (or, if less, the maximum rate allowable by law), including reasonable collection agency and attorneys'fees. You agree that AIITrack may inquire directly of you from time to time about your use of music or verify your use of music through independent sources.You further agree to provide sufficient evidence, upon written request of AIITrack,to verify the accuracy of inputs used to determine your AIITrack license types and fees,and to permit AIITrack to inspect your books and records as related to any musical aspects of your business or entity. If such inquiry or verification results in a requirement for incremental License Fees,AIITrack shall send an invoice with the appropriate Fee Schedule pricing for the City to review. If the City does not agree with AIITrack's analysis, the parties may meet and confer to resolve. Notwithstanding any provision of the Agreement to the contrary, City may terminate the Agreement or the use of any service under the Agreement by written notice to AIITrack sent no more than thirty (30)days after City's receipt of notice of fee or service modifications. For retroactive fees,the appropriate Department must submit a request to City Council for approval. Notwithstanding anything to the contrary,AIITrack may make changes to the Fee Schedule(s); provided,that in the event of a change to a Fee Schedule that goes into effect other than on January 1 of any year,AIITrack must provide written notice of such change to Licensee, after which Licensee shall have thirty(30)days to terminate this Agreement effective as of the date such change is to take effect by providing written notice as specified herein,with reference to this provision as the basis for such termination. 5. BILLING Licensee acknowledges and agrees that AIITrack may automatically bill and charge Licensee as the Licensee Fee becomes due for the ongoing right to play Music as specified herein. If Licensee wishes to disable the automatic payment feature, Licensee may provide AIITrack notice accordingly as specified within the notification provisions herein.AIITrack's inability to successfully complete a transaction using the payment information in its possession does not relieve Licensee of its obligation to timely satisfy the License Fee due and payable. Notwithstanding anything to the contrary,AIITrack reserves the right to terminate this Agreement immediately without notice if the License Fee is not received by AIITrack by the required payment date. 6. PUBLIC RECORDS.AIITrack recognizes that City is subject to the Idaho Public Records Laws, Chapter 1, Title 74 Idaho Code. Notwithstanding any provision of the Agreement to the contrary, the City must comply with the Idaho Public Records Laws. Upon request,AIITrack shall provide records subject to inspection pursuant to Idaho Code section 74-102 and not maintained by the City. In any record provided to the City,AIITrack shall clearly designate individual portions of records that it desires to keep exempt as"exempt"on each page of such documents and shall indicate the basis for such exemption. The Clty will not accept a legend or statement on one page that all,or substantially all,of a document is exempt from disclosure.AIITrack shall indemnify and defend the City against all liability, claims, damages, losses, expenses, actions,attorney fees and suits whatsoever for honoring AIITrack's designation of exempt records or for AIITrack's failure to designate records as exempt. AIITrack's failure to designate as exempt any record that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any such release. If the City receives a request for materials claimed exempt by AIITrack,AIITrack shall provide the legal defense for such claim and pay all expenses incurred by the City in connection with such request. 7. INTENTIONALLY OMMITTED 8. TERMINATION AND BREACH Either party may terminate this Agreement by providing written notice to the other party no later than 30 days prior to expiration of the Agreement Term.Termination of the Agreement shall not relieve Licensee of its obligation to pay any remaining License Fees due, including License Fees for the period in effect at the time a notice of termination is provided. In the event of a breach of this Agreement by either party,either party may terminate this Agreement by providing 30 days written notice to the other, during which period the breach may be cured. If the breach has not been cured during such 30-day period, this Agreement shall expire; provided, however, that AIITrack shall have the right to terminate this Agreement immediately without notice upon (i)any change in law,decree or other regulation that would have a materially adverse impact to AIITrack's operations or costs, (ii)filing of a petition for bankruptcy with respect to Licensee, or(iii) Licensee declaring or becoming insolvent.AIITrack shall retain any remedies available to it under this Agreement beyond termination. 9. NOTICES AND COMMUNICATIONS Notices to AIITrack must be sent in writing (in English)to 324 S. Beverly Dr., Suite#523, Beverly Hills, CA 90212, or if sent via email, to legal@alltrack.com. Physical notices will be deemed to have been fully given when delivered in person or five days after deposit with a reputable overnight courier service. AIITrack and its affiliates may provide you with certain communications, notices, agreements, statements,or disclosures in writing ("Communications")in connection with this Agreement. This Agreement hereby confirms your ability and consent to receive Communications electronically from AIITrack and its affiliates, rather than in paper form, in our relationship with you. Under this consent,AIITrack may provide Communications directed to the latest contact information in this Agreement or maintained by Licensee in its AIITrack account, or for all matters other than a notification of a breach of the Agreement, by making the Communications available via AIITrack websites or applications accessible by Licensee. Communications are deemed delivered on the date sent or made available on AIITrack websites or applications accessible by Licensee and include, but are not limited to(1)agreements, terms and policies related to use of the Music, (2)financial transaction authorizations, invoices, receipts and/or confirmations, (3)account statements and history, and (4)fee drivers and requests for reporting. The agreements, terms, and policies may be amended by AIITrack, however, any changes to these documents must substantially and materially conform to the attached versions. Licensee is responsible for maintaining a valid email address, physical address and phone number on file with AIITrack through the later date on which it uses the Music or has an outstanding balance payable to AIITrack. 10. GOVERNING LAW The terms of this Agreement shall be governed by and construed in accordance with the laws of the state of Idaho. 11. DISPUTE RESOLUTION 12. GENERAL AIITrack shall have the right to immediately remove any Music from its repertory at its sole discretion to the extent there is an inquiry, dispute or investigation regarding the right of AIITrack to license such Music. You agree to notify AIITrack within 30 days of receipt of any claim of alleged infringement made against you with respect to your performance of Music. This Agreement and the rights and obligations herein are not transferrable or assignable by Licensee without the prior written consent of an officer of AIITrack. License Fees are exclusive of any taxes unless otherwise specified on the invoice as tax inclusive.You must pay any applicable sales, gross receipts, value added, goods and services,and other transaction taxes,fees, charges and surcharges,and any regulatory cost recovery surcharges or similar amounts that are owed under or in connection with this Agreement and which we are permitted to collect from you under applicable law.AIITrack recognizes that,as a political subdivision of the State of Idaho, the city is exempt from paying certain tax types and shall not be responsible for the payment of such.You are responsible for all other taxes that you are legally obligated to pay including any taxes that arise on the provision of services or distribution of products to your customers,subscribers and affiliates.AIITrack is responsible for all taxes based on our net income,gross receipts(imposed in lieu of taxes on income or profits), or taxes on our property ownership. The terms of this Agreement shall be subject to AIITrack's standard practices and procedures in effect as of the date of this Agreement and as they may be updated, modified or supplemented from time to time. We may modify the terms herein in our sole discretion,which terms shall be made available on alltrack.com or one of its subdomains. You are responsible for periodically checking for changes and are bound by them by continuing to use the Music or any electronic services made available by AIITrack. You agree not to disparage, degrade or bring AIITrack(or any of its affiliated writers or publishers or its employees or contractors)into public disrepute, contempt,scandal or ridicule, and not to shock, or otherwise insult or offend the community in a manner that would cause harm to AIITrack. This Agreement is subject to our state general license disclosures. All covenants, agreements, representations and warranties made in this Agreement,shall survive any termination or expiration of this Agreement or discontinued use of the Music by you. 13. ENTIRE AGREEMENT; NO IMPLIED TERMS Each party acknowledges and agrees that this Agreement supersedes any other exchanges between the parties, whether written or oral,and no additional terms are or may be implied.The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement,and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. In the event these Terms of Use conflict with any other terms that collectively comprise this Agreement, the Terms of Use shall prevail. Failure to enforce any provision of this Agreement will not constitute a waiver. If part of this Agreement is declared void by a court of competent jurisdiction, the remaining parts shall continue to be binding and shall have the same force and effect as if the void part were deleted from this Agreement. 14. FISCAL NECESSITY AND NON-APPROPRIATION. AIITrack 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 to provide payment to AIITrack as described herein shall be subject to and dependent upon appropriations being made by City Council for such purpose. 15. STATUTORY CERTIFICATIONS. Pursuant to Idaho Code §§ 18-8703, 67-2346,67-2347A,and 67-2359,AIITrack certifies: (1) it is not and will not for the duration of the Agreement be an abortion provider or affiliate abortion provider as those terms are defined in Idaho Code§ 18-8702; (2) it is not currently engaged in, and will not for the duration of the Agreement engage in, a boycott of goods or services from Israel or territories under its control; (3) it is not currently engaged in, and will not for the duration of the Agreement engage in, a boycott of any individual or company because the individual or company(a)engages in or supports the exploration, production, utilization, transportation,sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture, or(b)engages in or supports the manufacture, distribution, sale,or use of firearms, as defined in Idaho Code§ 18-3302(2)(d); (4) it is not currently owned or operated by the government of China and will not for the duration of the Agreement be owned or operated by the government of China; and (5) it will not assign or seek to assign the Agreement to a person who operates in violation of either statute. The City may immediately terminate at its convenience the Agreement upon receipt of information that AIITrack is in violation of the terms of this section. ALLTRACK Performing Rights 2025 Fee Schedule Municipalities / Local Government Entities This Fee Schedule sets forth the License Fees payable for the public performance("use"or"play")of Music at Licensee's Locations and Events(each as defined in Section 4). This Fee Schedule is hereby incorporated by reference to the Terms of Use and all capitalized terms that are not defined herein shall have the meanings ascribed within the Terms of Use. 1. LICENSE FEE Payment of the appropriate annual License Fee authorizes the unlimited use of Recorded Music and Live Music during the Agreement Term, solely at a Location and/or in connection with an Event(subject to Section 5). Table 1.1 Rate Card Population Range Annual License Fee Up to 25,000 $281 25,001 -50,000 $395 50,001 -75,000 $751 75,001 - 100,000 $946 100,001 - 125,000 $1,204 125,001 - 150,000 $1,523 150,001 - 175,000 $1,731 175,001 -200,000 $1,957 200,001 -225,000 $2,181 225,001 -250,000 $2,434 250,001 -300,000 $2,895 300,001 -350,000 $3,349 350,001 -400,000 $3,766 400,001 -450,000 $4,213 450,001 -500,000 $4,611 Plus$299 for each additional Population Range of 50,000 over 500,000 The License Fee for the upcoming annual period shall be determined based on Licensee's Population (per Table 1.1 above). Effective each January 1 st, the Rate Card (per Table 1.1 above)for purposes of determining the annual License Fee for the upcoming Renewal Term shall be adjusted by the increase, if any, in the Consumer Price Index for All Urban Consumers(CPI-U), or by 5%,whichever is greater.AIITrack must notify the City of Meridian sixty(60)days prior to the increase. If the City of Meridian wishes to cancel the Agreement, it must cancel prior to thirty(30)days of the new fee going into effect. 2. LICENSE FEE TERM & PAYMENT This Agreement shall commence on the Music use start date set forth in the Music License (the "Start Date")and continue for a period of one year(the"Initial Term").Thereafter, the term of the Agreement shall automatically renew annually(each renewal period a "Renewal Term"and the Initial Term plus all Renewal Terms collectively, the "Agreement Term"). License Fees for the Initial Term are due upon execution of the Agreement. License Fees for Renewal Terms will be due as of the first day of each Renewal Term. 3. REPORTING REQUIREMENTS ALLTRACK Performing Rights For each Renewal Term during which United States census data has been updated (i.e. every 10 years),you agree to report to AIITrack the revised Population of Licensee using the Reporting Form or online application made available to you by AIITrack, provided, however that if Licensee's Population tier within the Rate Card has not changed, no reporting will be required. Reporting in connection with a change in Population is due to AIITrack no later than 30 days prior to the first date of each applicable upcoming Renewal Term. 4. DEFINITIONS Event. A gathering of Attendees for a limited duration of time that is solely conducted, controlled, promoted, presented or sponsored by Licensee whereby no third party directly shares or participates in any gross revenue or proceeds of the gathering,during which Live Music or Recorded Music is publicly performed. Events shall include(subject to Section 5) competitions and games(non-professional), concerts, dances, exercise classes,fairs,festivals, pageants, parades, social events and shows. License Fee. The amount payable by Licensee to obtain the right of public performance for Music played at the Locations and Events. Live Music. Music that is performed in person by bands, solo musicians, singers/vocalists, instrumentalists, DJs, karaoke or other similar persons (including live performances via holographic transmission). Location. A location or premises solely owned, leased, or operated by Licensee whereby no third party directly shares or participates in any gross revenue or proceeds of the operations conducted at the location or premises. Locations shall include (subject to Section 5)amphitheaters, auditoriums, community and civic centers, government offices, hospitals, libraries, parks, parking lots, police and fire stations,swimming pools, recreational facilities, streets and zoos. Population. The number of people that reside in Licensee's municipality or local geographic area of governance, as per the most recent United States census. Recorded Music. Music that has been previously captured and recorded that is played (streamed, broadcast, transmitted, retransmitted, etc.)via any device including, but not limited to, a digital streaming device (phone, tablet, desktop, laptop,smart TV, virtual reality hardware, augmented reality hardware, infotainment device,or other internet- connected device), background music device, TV or other audiovisual device, gaming machine or console, radio, jukebox or other device that enables the playback of digital media, CDs, tapes, records, DVDs, videotapes or other similar media. 5. EXCLUSIONS Notwithstanding anything to the contrary herein,an AIITrack license obtained in connection with this Fee Schedule excludes the right to play Music in connection with any of AIITrack's other Fee Schedules,as determined in AIITrack's sole discretion, including but not limited to AIITrack's Fee Schedules for"Airports", "Amusement,Theme&Water Parks", "Colleges&Universities", "Sports Teams (Professional)"and "Stadiums,Arenas&Concert Venues—Greater Than 2,000 Seats". E IDIAN --- AGENDA ITEM ITEM TOPIC: Memorandum of Agreement between the City of Meridian and Capital Educators Federal Credit Union (CapEd Credit Union) for 2025-2026 Water Tower Championship Competition Sponsorship MEMORANDUM OF AGREEMENT FOR SPONSORSHIP OF 2025-2026 WATER TOWER CHAMPIONSHIP COMPETITION This MEMORANDUM OF AGREEMENT FOR SPONSORSHIP OF 2025-2026 WATER TOWER CHAMPIONSHIP COMPETITION ("Agreement") is made this-1- 7 day of 2025 ("Effective Date"), by and between the City of Meridian, a munic pal corporation organized under the laws of the State of Idaho ("City"), and Capital Educators Federal Credit Union, doing business as CapEd Credit Union, a non-profit organization organized under the laws of the State of Idaho ("Sponsor"). WHEREAS,the Water Tower Championship ("Competition")is an athletic, activity, and academic competition series between 6A High Schools in Meridian, Idaho, including Meridian High School, Rocky Mountain High School, Mountain View High School, and Owyhee High School, in which these four(4) schools will be awarded points for their performance in athletics, activities, and academics; WHEREAS, Sponsor cares about education and our community, and to that end,has agreed to contribute funds toward promotional media, events, and trophies to promote and incentivize participation in the Competition; 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, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Competition management. Between October 1 and November 30, 2025, City will establish criteria, metrics, and points for the Competition, and communicate same to Sponsor and the participating schools. Throughout the school year, City will track each school's scores according to such metrics, determine the winner by May 1, 2026, and award a trophy to the winning school. B. Publicity. City shall publicize the Competition,which publicity may include distribution of information via written and broadcast media, social and online media, e-mail, and posters. Decisions regarding the time,place, and manner of such publicity shall be made by City. C. Acknowledgment of sponsorship. Sponsor shall be entitled to recognition as a presenting Sponsor, i.e. "2025-2026 City of Meridian Water Tower Championship, presented by CapEd," and Sponsor's logo shall be printed on all event marketing materials. D. Invoice Sponsor. City shall provide one (1) invoice to Sponsor by November 30,2025, in the amount of three thousand dollars ($3,000.00), and City shall use such amount for the payment of expenses related to the Competition, including,but not limited to, purchase of the trophy,promotional materials, and publicity. MEMORANDUM OF AGREEMENT FOR SPONSORSHIP OF WATER TOWER CHAMPIONSHIP PAGE 1 OF 4 E. First refusal offer. City shall offer to Sponsor the right of first refusal to be a presenting sponsor of the 2026-2027 Competition prior to solicitation of a new and/or additional sponsor, so long as Sponsor fulfills its responsibilities set forth in this Agreement. If Sponsor chooses not to sponsor the 2026-2027 Competition, or fails to accept City's offer by the date provided by City in such offer, such offer shall lapse, and City shall reserve the right to seek alternative sponsors, in City's sole discretion. City shall reserve the right not to hold a 2026-2027 Competition and/or to change the terms or format of same. II. SPONSOR'S RESPONSIBILITIES. A. Reimbursement. Within thirty (30) days of receipt of City's invoice, Sponsor shall provide payment to City in the amount of three thousand dollars ($3,000.00). B. Logo. Sponsor shall provide City with a copy of its logo, in digital format, for use on marketing materials as described herein. C. Publicity. Sponsor may produce and distribute promotional materials regarding the Competition, with prior consultation with City Contact. III.GENERAL TERMS. A. Term. This Agreement shall be effective on the Effective Date and shall remain in effect through September 30, 2026. B. Day-to-day communications. Communication between Sponsor and City regarding day-to-day matters (e.g., issues related to promotional coordination,promotional material approvals, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Sponsor the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and Sponsor for day-to-day communications. Sponsor shall provide City the name, e-mail address, and telephone number of specific Sponsor personnel("Sponsor Contact")who shall serve as the liaison between Sponsor and City for day-to-day communications. C. Notice. Written notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian Sponsor: CapEd Credit Union City Clerk Todd Christensen,Chief Marketing Officer 33 E. Broadway Avenue 275 S. Stratford Drive Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. D. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and MEMORANDUM OF AGREEMENT FOR SPONSORSHIP OF WATER TOWER CHAMPIONSHIP PAGE 2 OF 4 supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. E. Termination. Either party may terminate this Agreement in whole, or in part, due to default, or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest, by providing thirty(30) days' written notice. If Sponsor is the terminating party, City shall be entitled to receive reimbursement for payments or commitments made by City for agreed-upon services or purchases prior to the date of termination, if any. If City is the terminating parry, Sponsor shall be entitled to reimbursement of that amount of Sponsor's contribution that has not been spent as described herein, if any. F. 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. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. State of Idaho requirements. The following provisions, as applicable, are required by Idaho law. The terms used in this provision shall have the definitions as set forth in the respective Idaho Code provisions. 1. Pursuant to Idaho Code§67-2346,Sponsor certifies that Sponsor is not currently engaged in,and will not for the duration of this Agreement engage in,a boycott of goods or services from Israel or territories under Israel's control. 2. Pursuant to Idaho Code § 18-8703,as applicable, Sponsor certifies that it is not,and will not for the duration of this Agreement become, an abortion provider or an affiliate of an abortion provider. 3. Pursuant to Idaho Code § 67-2359, Sponsor certifies that Sponsor is not, and for the duration of this Agreement will not be, a company currently owned or operated by the government of China. 4. Pursuant to Idaho Code §67-2347A, Sponsor certifies that Sponsor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel- based energy, timber, minerals,hydroelectric power, nuclear energy, or agriculture. 5. Pursuant to Idaho Code §67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the manufacture, distribution, sale, or use of any firearm. H. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. MEMORANDUM OF AGREEMENT FOR SPONSORSHIP OF WATER TOWER CHAMPIONSHIP PAGE 3 OF 4 I. Third-party beneficiaries. This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. J. Warranty of authority. Each person executing and signatory to this Agreement represents and warrants that all corporate action necessary for the authorization, acceptance and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken; that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party to this Agreement in all respects. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. CAPED CREDIT UNION: 2088884433 1 Z Ray LEI dley, Chief Ex fficer CITY OF MERIDIAN: Attest: Robert E. Simison,Mayor 10-14-2025 Chris Johnson, City Clerk 10-14-2025 MEMORANDUM OF AGREEMENT FOR SPONSORSHIP OF WATER TOWER CHAMPIONSHIP PAGE 4 OF 4 E IDIAN --- AGENDA ITEM ITEM TOPIC: Amendment to the Co-location agreement at Fire Stations 7 to Change Invoice Dates (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Braidy Ross, Fire Meeting Date: October 14, 2025 Presenter: Kris Blume Estimated Time: 1 Topic: FY26 Amendment Agreement between FD and ACEMS - Co-location at Station 7 &8 Recommended Council Action: Review and approve. Background: The City of Meridian and the Ada County Emergency Medical Services District currently operate under a co-location agreement at Fire Stations 7 and 8. Both parties wish to amend the agreement to adjust the date on which the City provides invoices to ACEMS. This change has been mutually agreed upon and reflects the ongoing collaboration between the parties. Docusign Envelope ID:81C86509-E6F4-4CF4-82BC-FF00936F7BC8 AGREEMENT NO. 15218-1-25 AMENDMENT TO CITY OF MERIDIAN/ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT 28 This AMENDMENT is entered into this October Y* ,2025,by and between Meridian, operating its own municipal fire department known as the Meridian Fire Department ("MFD"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and ACEMS, whose address is 200 W. Front Street, Boise, Idaho 83702. Meridian and ACEMS are at times referred to herein individually as"Party"and collectively as"Parties." WHEREAS,the Parties entered into a co-location Agreement,Agreement No. 15218; WHEREAS, the Agreement provides that ACEMS will pay to Meridian a 25% share of the cost of utility services consumed at the Premises based on an invoice Meridian provides to ACEMS by October 3 each year; and WHEREAS, the Parties desire to amend the Agreement to provide a different day for Meridian to provide the invoice to ACEMS. NOW THEREFORE, it is mutually agreed, by and between the Parties: I. Section 12 of the Agreement is deleted in its entirety and replaced with the following language: Section 12. Utilities. During the Term of this Agreement, Meridian shall pay for 75%of the total cost for utility services consumed at the Premises,including,without limitation,gas and electricity, television cable, sanitary and storm sewer and water services ("Utilities"). On or about February I of each year of this Agreement, Meridian will provide ACEMS with an estimated 25% share of Utilities for the period of October I of the current year through September 30 of the subsequent year ("Estimate"), based on its current historical record of the cost of Utilities, for ACEMS's annual budgetary process. This estimate is necessary to allow ACEMS to budget for this expense in its upcoming annual budget. ACEMS will pay 25% of actual Utilities, payable by invoice due from Meridian by October 31 of that year. II. All other terms of Agreement 15218 not specifically amended herein shall remain the same and shall remain in effect. AMENDMENT TO CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE I Docusign Envelope ID:81C86509-E6F4-4CF4-82BC-FF00936F7BC8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT DocuSigned by: /a I f 3 Z-/— 10/28/2025 1 3:07 PM MDT By: Rod Beck, Commissioner DocuSigned by: 10/28/2025 1 3:05 PM MDT By: Ryan Davidson, Commissioner DocuSigned by: .jk - 10/28/2025 1 4:11 PM MDT By: Thomas Dayley, Commissioner ATTEST: DocuSigned by: By: 10/29/2025 1 10:50 AM MDT Trent Tripple, Ada County Clerk City of Meridian By. Robert E. Simi n ayor 10-14-2025 ATTEST: � SF,AL By. Chris Johnso , City Clerk 10-14-2025 AMENDMENT TO CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 2 E IDIAN --- AGENDA ITEM ITEM TOPIC: Amendment to the Co-location agreement at Fire Stations 8 to Change Invoice Dates (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Braidy Ross, Fire Meeting Date: October 14, 2025 Presenter: Kris Blume Estimated Time: 1 Topic: FY26 Amendment Agreement between FD and ACEMS - Co-location at Station 7 &8 Recommended Council Action: Review and approve. Background: The City of Meridian and the Ada County Emergency Medical Services District currently operate under a co-location agreement at Fire Stations 7 and 8. Both parties wish to amend the agreement to adjust the date on which the City provides invoices to ACEMS. This change has been mutually agreed upon and reflects the ongoing collaboration between the parties. Docusign Envelope ID:264EF170-3569-4043-8FFD-644FA84FB36B AGREEMENT NO. 15219-1-25 AMENDMENT TO CITY OF MERIDIAN/ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT 28 This AMENDMENT is entered into this October J& 2025, by and between Meridian, operating its own municipal fire department known as the Meridian Fire Department ("MFD"),whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and ACEMS,whose address is 200 W. Front Street, Boise, Idaho 83702. Meridian and ACEMS are at times referred to herein individually as"Party"and collectively as"Parties." WHEREAS,the Parties entered into a co-location Agreement,Agreement No. 15219; WHEREAS, the Agreement provides that ACEMS will pay to Meridian a 25% share of the cost of utility services consumed at the Premises based on an invoice Meridian provides to ACEMS by October 3 each year; and WHEREAS, the Parties desire to amend the Agreement to provide a different day for Meridian to provide the invoice to ACEMS. NOW THEREFORE, it is mutually agreed, by and between the Parties: I. Section 12 of the Agreement is deleted in its entirety and replaced with the following language: Section 12. Utilities. During the Term of this Agreement, Meridian shall pay for 75%of the total cost for utility services consumed at the Premises,including,without limitation,gas and electricity, television cable, sanitary and storm sewer and water services ("Utilities"). On or about February 1 of each year of this Agreement, Meridian will provide ACEMS with an estimated 25% share of Utilities for the period of October 1 of the current year through September 30 of the subsequent year ("Estimate"), based on its current historical record of the cost of Utilities, for ACEMS's annual budgetary process. This estimate is necessary to allow ACEMS to budget for this expense in its upcoming annual budget. ACEMS will pay 25% of actual Utilities, payable by invoice due from Meridian by October 31 of that year. II. All other terms of Agreement 15219 not specifically amended herein shall remain the same and shall remain in effect. AMENDMENT TO CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 1 Docusign Envelope ID:264EF170-3569-4043-8FFD-644FA84FB36B IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT DocuSigned by: By: 10/28/2025 1 3:06 PM MDT Rod Beck, Commissioner DocuSiged�dbyyby: lf✓By: 10/28/2025 1 3:05 PM MDT Ryan Davidson, Commissioner ocuSigned by: By: F��. 10/28/2025 1 4:11 PM MDT Thomas Dayley, Commissioner ATTEST: DocuSigned by: .� 10/29/2025 1 10:50 AM MDT By: &� Trent Tripple, Ada County Clerk City of Meridian By: Robert E. Simis n, Mayor 10-14-2025 ATTEST: � SF,AL By. Chris John n, City C erk 10-14-2025 AMENDMENT TO CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 2 E IDIAN --- AGENDA ITEM ITEM TOPIC: Fire Safety Center Asset Transfer Agreement Between the City of Meridian and the Joint School District No. 2 FIRE SAFETY CENTER ASSET TRANSFER AGREEMENT This ASSET TRANSFER AGREEMENT("Agreement") is made on this /dayof I ;:IA39�025 ("Effective Date"), by and between the City of Meridian, a municipal corporation established under the laws of the State of Idaho, whose mailing address is 33 E. Broadway Avenue, Meridian, Idaho 83642 (the "City") and the Joint School District No. 2 whose mailing address is 1303 East Central Drive,Meridian, ID 83642 (the "School District"). The City and the School District may be referred to herein individually as a"Party"or collectively as the "Parties." WHEREAS-,-the -City andthe Schoo- istrict entered a lawn Tease permitting the City to place a structure on School District Property located at 1901 E Leigh Field Dr., Meridian, Idaho 83646, (the"Lease Agreement" attached hereto as Exhibit A)more particularly described in Exhibit A to the Lease Agreement (the "Property"). WHEREAS, the City placed on the property a structure, which is approximately 1000 square foot two bedroom, two bathroom single story modular home with a living room and kitchen tie ire Safety enter in accordance with the terms of the Lease Agreement. WHEREAS, the Lease Agreement has expired, and the City and the School District wish to transfer ownership of the Fire Safety Center located on the Property from the City to the School District. NOW,THEREFORE,based on the recitals above, which are incorporated herein, and other good and valuable consideration, the Parties agree as follows: 1. Transfer of Assets. The City agrees to transfer ownership of the Fire Safety Center, including the building and all fixtures and contents, to the School District. The City makes no warranty or representation about the condition of the Fire Safety Center, its suitability for School District Purposes, or compliance with any legal requirements, occupancy standards, permitting, or inspections. 2. Waiver of Claims. The School District agrees to accept the Fire Safety Center in an "as is"condition and shall waive all claims related to the Fire Safety Center against the City, its officials, employees, contractors, or volunteers. 3. Limitations. Nothing in this Agreement shall be construed as limiting or expanding the statutory or regulatory responsibilities of either Party in performing functions granted to their by law. Each and every provision of this Agreement is subject to the laws and regulations of the State of Idaho and its political subdivisions, and to the laws and regulations of the United States. 4. Apportionment of liability. Both Parties participate in the comprehensive liability plan provided through ICRMP. If a claim or damage arises from more than one Party's performance of the Agreement or is not allocable to any Party, each Party shall bear their own costs arising from the claim or damage. If a property claim or FIRE SAFETY CENTER ASSET TRANSFER AGREEMENT PAGE 1 OF 4 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 fiords are legally available therefore. Nothing in this Agreement shall extend the tort responsibility or liability of either Party beyond that required by the Idaho Tort Claims Act, Idaho Code section 6-901 et seq. 5. Notices. Whenever any notice, approval, consent, or request is given or made pursuant to this Agreement, it shall be deemed communicated upon mailing by United States Mail, addressed as follows: If to the School District: If to Meridian: Superintendent City Clerk, City of Meridian Joint School District No. 2 33 E. Broadway Avenue 1303 East Central Drive Meridian ID 83642 Meridian, ID 83642 cityclerk@meridiancity.org 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. 6. Assignment.No Party shall be permitted to assign this Agreement without the express,written consent of the other Parties. This Agreement shall be binding upon and shall inure to the benefit of the respective heirs,personal representatives, successors, and assigns of the Parties. 7. No agency. The Parties expressly acknowledge and agree that the Parties, including their respective employees, agents, contractors, officials, and officers, are not agents of the other Party in any mamier or for any purpose. One Party under this Agreement shall have no authority to enter into contracts or agreements on behalf of the other Party. All contracts or agreements shall be entered on behalf of the executing Parry or executed jointly by both Parties. 8. Non-waiver. Failure to promptly enforce the strict performance of any teen of this Agreement shall not constitute a waiver or relinquishment of any Parry's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time a Party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. 9. Force majeure. No Party will be liable for failure to perform any duty under this Agreement where such failure is due to unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including,but not restricted to, acts of God or the public enemy, fire, flood, epidemics, quarantine, strikes or other natural disasters. No Party shall be liable for any failure to perform resulting from any order of any court or state or federal agency. FIRE SAFETY CENTER ASSET TRANSFER AGREEMENT PAGE 2 OF 4 10. Miscellaneous. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Idaho. Venue shall be Ada County, Idaho. Time is of the essence with regard to the performance of all of the Parties' obligations under this Agreement. All exhibits to this Agreement are incorporated by reference and made a part hereof as if the exhibits were set forth in their entirety in this 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. This Agreement may only be amended via a writing signed by the Parties hereto. IN WITNESS WHEREOF, the Parties have hereunto subscribed their signatures the day and year first herein above written. CITY OF MERIDIAN: By: Robert E. Simison, Mayor 10-14-2025 Attest: City Clerk Chris Johnson 10-14-2025 i JOINT SC7:X4 DISTRIC NO. 2: 1 By: Name, Title FIRE SAFETY CENTER ASSET TRANSFER AGREEMENT PAGE 3 OF 4 E IDIAN --- AGENDA ITEM ITEM TOPIC: Renewal Agreement between Ada County Emergency Medical Services District and City of Meridian for Fiscal Year 2026 Training Center Access (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Kris Blume, Fire Meeting Date: October, 14 2025 Presenter: Kris Blume Estimated Time: 1 minute Topic: FY26 Renewal Agreement between Ada County Emergency Medical Services District and City of Meridian - Training Center Recommended Council Action: Approve renewal of FY26 agreement. Background: Annually, a renewal agreement is acquired from Ada County Emergency Medical Services District (ACEMS) to service as the "Training Center" for City of Meridian.As a Training Center,ACEMS to is authorization and support of AHA Training Sites, including the Training Site herein, which are developed by individuals, employers, and other community and business organizations, for the purpose of teaching AHA-approved courses in Emergency Cardiovascular Care. Docusign Envelope ID:CC05EB01-3F31-4A4C-9927-2941AA3DED91 AGREEMENT NO. 14509-4-25 FY26 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN THIS RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN (hereinafter referred to as November 18, 2025 "Agreement"), is entered into this , by and between Ada County Emergency Medical Services District, a duly formed and existing ambulance district pursuant to the laws of the State of Idaho, (hereinafter"District") and the City of Meridian, which operates the Meridian Fire Department("Training Site"), also referred to as "Parry" or"Parties." WITNESSETH WHEREAS,the District operates Ada County Emergency Medical Services ("ACEMS"), which provides emergency medical services to residents of Ada County and is contracted with the American Heart Association ("AHA")to serve as a Training Center("Training Center"); and WHEREAS, as a Training Center, ACEMS is authorized to provide Training Center services in Idaho, including the authorization and support of AHA Training Sites, including the Training Site herein, which are developed by individuals, employers, and other community and business organizations, for the purpose of teaching AHA-approved courses in Emergency Cardiovascular Care ("ECC"); and WHEREAS,the Parties entered into Agreement No. 14509 on November 30, 2021; and WHEREAS, Agreement No. 14509 provided that it could be renewed upon re-execution by both Parties for additional one-year terms commencing October 1 and ending September 30 of the next calendared year; and FY26 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN - PAGE 1 WHEREAS, the Agreement was renewed for the term of October 1, 2022 through and including September 30, 2023 (14509-1-22); and WHEREAS, the Agreement was renewed for the term of October 1, 2023 through and including September 30, 2024 (14509-2-23); and WHEREAS, the Agreement was renewed for the term of October 1, 2023 through and including September 30, 2024 (14509-3-24); and WHEREAS,it is now the desire of the District and Training Site to renew Agreement No. 14509 for an additional one-year term; NOW, THEREFORE, in consideration of the mutual promises set forth herein and in Agreement No. 14509, the parties hereto mutually agree as follows: I. That Agreement No. 14509 shall be renewed for an additional one (1) year period from October 1, 2025, to and including September 30, 2026. H. That all remaining terms and conditions contained in Agreement No. 14509 shall be incorporated herein, as if set forth in full, and remain in full force and effect. III. That each individual executing this Agreement on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said entity in accordance with duly adopted organizational documents or contracts and, if appropriate, a resolution of the entity, and that this Agreement is binding upon said entity in accordance with its terms. FY26 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN - PAGE 2 Docusign Envelope ID:CC05EB01-3F31-4A4C-9927-2941AA3DED91 IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year written above. Board of Ada County Emergency Medical Services District By: rDocuSigned by: ,,,,7-,,,F8 11/18/2025 1 11:41 AM MST Rod Beck, Commissioner DocuSig�edbyby- By: l/✓ 11/18/2025 1 10:59 AM MST Ryan Davidson, Commissioner DocuSigned by: ��w 11/18/2025 1 11:08 AM MST By: s2�a�e�aeae,+... Thomas Dayley, Commissioner ATTEST: DocuSigned by: F'11299992G72499486 11/18/2025 1 2:00 PM MST Trent Tripple, Ada County Clerk FY26 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN -PAGE 3 City of Meridian By: Robert E. Simison, Mayor 10-14-2025 ATTEST: Meridian City Clerk Chris Johnson 10-14-2025 FY26 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN -PAGE 4 E IDIAN --- AGENDA ITEM ITEM TOPIC: Authorize and approve Procurement Manger to Issue Fiscal Year 2026 Purchase Order on behalf of the Community Development Department to SAFEbuilt LLC for Professional Plan Review Services for the Not-to-Exceed amount of$243,803.73 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: October 14, 2025 Presenter: N/A Estimated Time: 0.00 Topic: Approve FY26 Purchase Order for the Not-to-Exceed amount of$243,803.73 Recommended Council Action: Authorize and approve Procurement Manger to issue FY26 Purchase Order on behalf of the Community Development Department to SAFEbuilt LLC for Professional Plan Review Services for the Not-to-Exceed amount of$243,803.73. No signature required, approval only. Background: This is a purchase approved for fiscal year 2026 budget appropriation. CITY OF MERIDIAN Purchase Requisition E ID� IAN7� Purchasing Department DATE OF 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 9/15/2025 MERIDIAN,ID 83642 Community Development Department-Buildil PURCHASE ORDER ' , • PACKING TEL:(208)489-0417 L CARTONS I'••'-CORRESPONDENCE ' • FAX:(208)887-4813 AVAILABLE BUDGET AMOUNT $337,650.96 IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR SAFEbuilt LLC NO CITY SUPPORT TICKET NO. PROJECT MANAGER PAYMENTTERMS FREIGHTTERMS FO.B. REQUESTOR Bret Caulder NET 30 PREPAID DESTINATION Bret Caulder PROJECT NAME: Professional Plan Review Services FY26 Description of Purchase Quantity and Pricing ACCOUNTINGCODES FUND RI- PART NUMBER/DESCRIPTION/COMMITMENT NAME DEPT EXPENSE OR P ZIJECT/ QTY UNIT UNIT PRICE GLACCOUNT# COMMITNCT' TOTAL AMOUNT TASK ORDER/CONTRACT PROJECT DESCRIPTION CODE 4ITMENT 141 Plan Review Services FY26 1 each $ 243,803.73 1 1940 55201 10925.b.4 $ 243,803.73 (Unencumbered PO) $ - $ $ $ NOTES: Council Approval Date: - $243,803.73 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 1940 - Building Department 01 - General Fund From 10/1/2025 Through 9/30/2026 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 55201 Building Inspections & Plan 337,650.96 0.00 337,650.96 Reviews Total OPERATING COSTS 337,650.96 0.00 337,650.96 DEPT EXPENDITURES 337,650.96 0.00 337,650.96 TOTAL EXPENDITURES 337,650.96 0.00 337,650.96 Date: 9/25/25 04:10:02 PM Page: 1 E IDIAN --- AGENDA ITEM ITEM TOPIC: Authorize and approve Procurement Manager to issue Purchase Order on behalf of the Public Works Department to the City of Nampa for the Not-to-Exceed amount of $657,422.80 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: October 14, 2025 Presenter: N/A Estimated Time: 0.00 Topic: Approve Purchase Order for the Not-to-Exceed amount of$657,422.80. Recommended Council Action: Authorize and approve Procurement Manager to issue Purchase Order on behalf of the Public Works Department to the City of Nampa for the Not-to-Exceed amount of$657,422.80. No signature required, approval only. Background: This is the payment to the City of Nampa as part of an Interagency Agreement approved by Mayor and Council on 4.15.2025 for the Water and Streetlight Construction at Ustick Rd., Phyllis Canal to Owyhee Storm Widening project. OD o co N • N • 04 • ' z o O to N M Of z C to N Q a C • EA w Q OLU Y c 60- E» 6,16,)- 6,)� 6,) F» 6") 64 V:.� N w C z a) O w E- C di O 0 O ~ W Z wo e CL O a • -il 00 Q m r CO) W � o CO) M > > uj • ' w � • _' a w Qc) z O • Q z, o 0 W . c� 0 N CD CO O 2 w Z ix N Q W C\l _ Q ED W CD d LLl W LL E Q9 • Q cu CO • ~ 0 J U 0 W cm _ !- c z a) • W 2LU • z z Q m U) o � Q W N LL. m w W O CW y Q 0 m W 0 G 0 >- 7 'ITW tm c � ao ia o c� LL 0 U OU W W N a w • M CO - UM • • N 70 Q' • 0 M > z � Q z w Q Q o Q Li i v 2:1 z m .. , U z • U a w w U c~n O W, CO ui v to wo n c O W O co > a m a 0� z City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3490 - Water Construction Projects 62 - Water Fund From 10/1/2025 Through 9/30/2026 Budget with Current Year Budget Amendments Actual Remaining Capital Outlay 96140 WATERLINE EXTENSIONS 4,857,803.40 0.00 4,857,803.40 Total Capital Outlay 4,857,803.40 0.00 4,857,803.40 DEPT EXPENDITURES 4,857,803.40 0.00 4,857,803.40 TOTAL EXPENDITURES 4,857,803.40 0.00 4,857,803.40 Date: 10/1/25 03:50:47 PM Page: 1 E IDIAN --- AGENDA ITEM ITEM TOPIC: Authorize and approve Procurement Manager to issue Purchase Order on behalf of the Wastewater Department to the Dubois Chemicals for Ferric Chloride Chemicals for the Not-to-Exceed amount of$224,000.00 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: October 14, 2025 Presenter: N/A Estimated Time: 0.00 Topic: Approve Purchase Order for the Not-to-Exceed amount of$224,000.00. Recommended Council Action: Authorize and approve Procurement Manager to issue Purchase Order on behalf of the Wastewater Department to the Dubois Chemicals for Ferric Chloride Chemicals for the Not-to-Exceed amount of $224,000.00. No signature required, approval only. Background: This is a purchase approved for fiscal year 2026 budget appropriation. CITY OF MERIDIAN Purchase Requisition �E IDR IAN - Purchasing Department DATE OF 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 9/25/2025 MERIDIAN,ID 83642 Wastewater Division PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES,PACKING TEL:(208)489-0417 SLIPS,CARTONS AND CORRESPONDENCE RELATED TO THIS ORDER FAX:(208)887-4813 AVAILABLE BUDGET AMOUNT $994,855.00 IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR Dubois NO CITY SUPPORT TICKET NO. PROJECT MANAGER PAYMENTTERMS FREIGHTTERMS F.O.B. REQUESTOR ir Brandon Sanford NET 30 PREPAID IDESTINATION Warren Hudson PROJECT NAME: FY2026 Chemical Ferric Chloride DESCRIPTIONDescription of Purchase 0 PART NUMBER/ • 7QTY UNIT UNIT PRICE FUND DEPT EXPENSE OR TASK ORDER/CONTRACT I PROJECT DESCRIPTION CODE GLACCOUNT# COMMITMENT#= FY2026 Chemical Ferric Chloride 1 $ 224,000.00 65 3510 52015 $ 224,000.00 $ $ $ $ NOTES: Council Approval Date: - - $224,000.00 How to fill out the Purchase Requisition. Fill in the SHIP TO DEPARTMENT NAME. This is the name of the requesting department and where the product will be shipped If the Ship To location is somewhere other than the department location,please enter that address in the lines below the department name and highlight it. Fill in the DATE OF REQUEST located in the box on the right hand side of the form. Fill in the amount of budget available for this commitment. Is a budget amendment required to fund this request? Answer YES or NO. Enter the name of the SUGGESTED VENDOR. Please check with FINANCE to verify that the City of Meridian has the vendor set up as an account. If the vendor is not set up,request that a W-9 form be submitted to FINANCE before placing the order. If PURCHASING receives this Purchase Requisition and the vendor is not set up,an order processing delay occurs If vendor will be determined by procurement process,enter"TBD" CITY SUPPORT(JITBIT)TICKET NO is entered by purchasing staff. Enter the PROJECT NAME,TASK ORDER NAME AND NUMBER and/or PROJECT/COMMITMENT NUMBER(if one has been created) Enter the name of the PROJECT MANAGER/REQUESTOR. Under"PART NUMBER/DESCRIPTION/COMMITMENT NAME /TASK ORDER/CONTRACT/PROJECT DESCRIPTION Enter the COMMITMENT NAME,TASK ORDER or PROJECT DESCRIPTION,Part Number or Description of Item being purchased If you have more than one item,enter each on a separate line. Enter the QUANTITY for each line item. Enter the UNIT and UNIT PRICE for each line item. (Task orders and contracts should be listed as QTY 1 and UNIT EA. Unit price and total will be equal.) ACCOUNTING CODES Enter the FUND that you want the expense to impact 1) The FUND number will be either: (a) 01,07,08,20,55,or 60,62,65 depending on what FUND the budget is in Enter the DEPARTMENT CODE you want the expense to impact 1) The DEPARTMENT CODE is a 4 digit number that corresponds to your department Enter the GL ACCOUNT NUMBER(Expense Account)for each item. 1) The GL ACCOUNT NUMBER(Expense Account)is the 5 digit number where the budgets are located Enter the PROJECT CODE/COMMITMENT#you want the expense to impact 1) The PROJECT CODE/COMMITMENT is an alpha numeric code that identifies a specific project or commitment to charge all expenses to INFORMATION ONLY The FUND,DEPARTMENT CODE,GLACCOUNT NUMBER,AND PROJECT CODE make up the accounting code foryour request. The accounting code will hold the budget dollars and actual expenses for your PO request. Accuracy is important as the resulting PO encumbers this accounting code(budget line item). Not all requests will have a project number. Call Procurement if you are unsure. This form will automatically total your request. In the NOTES field add any information that you feel is significant. PRINT AND SUBMIT ONLY PAGE 1(NOT THESE INSTRUCTIONS) City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3510 - WW Treatment Plant 65 - Wastewater Fund From 10/1/2025 Through 9/30/2026 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 52015 Chemicals 994,854.96 394,300.00 600,554.96 Total OPERATING COSTS 994,854.96 394,300.00 600,554.96 DEPT EXPENDITURES 994,854.96 394,300.00 600,554.96 TOTAL EXPENDITURES 994,854.96 394,300.00 600,554.96 Date: 10/1/25 04:28:27 PM Page: 1 E IDIAN --- AGENDA ITEM ITEM TOPIC: Authorize and approve Procurement Manager to issue Fiscal Year 2026 Purchase Order on behalf of the Water Department to Ferguson Enterprises, Inc. for New and Replacement Water Meters for the Not-to-Exceed amount of$1,116,348.76 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: October 14, 2025 Presenter: N/A Estimated Time: 0.00 Topic: Approve FY26 Purchase Order for the Not-to-Exceed amount of$1,116,348.76. Recommended Council Action: Authorize and approve Procurement Manager to issue FY26 Purchase Order on behalf of the Water Department to Ferguson Enterprises, Inc. for New and Replacement Water Meters for the Not-to- Exceed amount of$1,116,348.76. No signature required, approval only. Background: This is a purchase approved for fiscal year 2026 budget appropriation. CITY OF MERIDIAN Purchase Requisition Purchasing Department DATE OF 10/1/2025 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST MERIDIAN,ID 83642 Public Works/Water PURCHASE ORDER SLIPS,CARTONS AND CORRESPONDENCE TEL:(208)489-0417 FAX:(208)887-4813 AVAILABLE BUDGET AMOUNT $1,256,348.76 IS BUDGET AMENDMENT REQUIRED? SUGGESTED r NO VENDOR Ferguson Enterprises.Inc P.O.Box 802817 Chicago,IL 60680-2817 CASE MANAGEMENT TICKET NO. i PROJECT MANAGER PAYMENT TERMS FREIGHT TERMS F.O.B. REQUESTOR Dennis Teller I NET 30 PREPAID DESTINATION Courtney Hoobe PROJECT NAME: Water Meters and Related Equipment 1 FY26 Description of Purchase Quantity and Pricing ACCOUNTINGCODES PART NUMBER I DESCRIPTION/COMMITMENTQTY UNIT UNIT PRICE FUND DEPT EXPENSE OR PROJECT/ TOTAL AMOUNT TASK• ■ • • ■ • •■ • • New&Replacement Water Meters,MXU's&Related Equip. 1 $ 1,116,348.76 62 3410 52450 $ 1,116,348.76 $ $ $ $ $ $ NOTES: Council Approval Date: 1 0_14_2025 $1,116,348.76 AUTHORIZED COUNCIL SIGNATURE if re uired AUTHORIZED DE 77 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3410 - Water - Operations 62 - Water Fund From 10/1/2025 Through 9/30/2026 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 52450 Water Meters 1,256,348.76 0.00 1,256,348.76 Total OPERATING COSTS 1,256,348.76 0.00 1,256,348.76 DEPT EXPENDITURES 1,256,348.76 0.00 1,256,348.76 TOTAL EXPENDITURES 1,256,348.76 0.00 1,256,348.76 Date: 10/1/25 03:24:48 PM Page: 1 E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of Request for connection to City Water and Sewer System by Bae Jong at 3780 E. Overland Rd. i E IDIAN� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Kyle Radek, Public Works Meeting Date: TBD Presenter: Kyle Radek Estimated Time: 10 minutes Topic: Request from Mr. Bae Jong for Connection to the City Water and Sewer Systems Outside City Limits at 3780 E Overland Road Recommended Council Action: Approve the request from Bae Jong for connection to the City Water and Sewer System with agreement to pursue annexation. Background: I. DEPARTMENT CONTACT PERSONS Kyle Radek,Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 II. DESCRIPTION OF REQUEST TO CONNECT Bae Jong is the owner of the property and building at 3780 E Overland Road. The private well which serves the building is failing. A pre-application meeting was held regarding this property on May 6, 2025. Mr. Jong subsequently applied for annexation, which is currently in progress as record H-2025-0038. The original intent was to complete the annexation process and then connect to services,however, Mr. Jong is concerned his well will not be able to supply the property through the annexation process. Mr.Jong wishes to enter into an agreement with the City to connect to city water and sewer ASAP and pursue annexation. The parcel is contiguous with the City. Both water and sewer services are available to the parcel,built as part of an ACHD road project in 2002. III. CITY COUNCIL REVIEW Mr.Jong's request is governed by Meridian City Code sections 9-1-16 (as to the water connection request) and 9-4-26(A) (as to the sewer connection request). These provisions state that the City may grant a request to provide City water service to a Page I of 4 property outside of city limits if the requestor demonstrates a compelling health or safety reason to do so. If this standard is met, the process established by Code is for Public Works to bring the request to City Council and make a written recommendation regarding whether to allow the proposed connection. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request,the property owner is to enter into an agreement with the City of Meridian for the provision of water service outside the city limits. In the agreement, the owner must agree to comply with City policies and codes; to pay all applicable connection, assessment, and service fees; to annex into the City when the parcel becomes contiguous to city limits; not to change or intensify use of the property prior to annexation; and other reasonable conditions of granting the request to connect to the city water system that may be imposed by the City. IV. STAFF FINDINGS AND RECOMMENDATIONS Staff find that Mr. Jong has demonstrated a compelling health and safety reason to connect water and sewer services to this parcel outside of city limits. Any potential staff concerns from departments other than Public Works will be addressed through the current annexation request. Staff recommend that City Council approve the request to connect to City water and sewer following execution of an agreement which includes requiring the owner to: • Pay for all construction required as well as all water and sewer assessments and applicable fees • Complete the annexation process • Decommission (Abandon) the onsite private well and septic system according to State law V. ALTERNATIVES A denial of this request would mean that the owner would need to complete the annexation process prior to hooking up to city water and sewer services. The owner is concerned that the well will not be able to serve the property that long. VI. TIME CONSTRAINTS The owner would like to secure an agreement with the City and proceed with connection and application for annexation as soon as possible. VII. LIST OF ATTACHMENTS • Email request from owner to hook up to City services • Map of parcel Approved for Council Agend Date: I 0 8 Z Page 2 of 4 Attachment 1: Email Request from Mr.Jong's representative,Jesus Madrigal From: ]eilmd"i To: WeB.deh Subject: Request to Connect to City Wale-and SeNe Date: F--day,(xwb&3,2M510.39.58 PM External Sender-Please use caution with links or attachments_ Request to Connect to City Water and Sewer 10"T'2025 Attn: Public Works Dept.City of Meridian Idaho I Jesus Madrigal. am maldng this request on behalf of Mr. Bae Jong.legal propem,owner of 3780 E Overland Rd.Meridian ID. (.davit of Representation granting me authority to file on behalf of Nir Bae Jong has been filed with the City of Meridian.) The legal description of the property is as follows:Real property in the county of ada.state of Idaho: Lot>Block 2 of kxvel Subdii ision.according to the plat thereof filed in boot:34 of plats at page 2056 and amended by that certain affida-M recorded January 7. 1975 as instrument no.910936.records of ada county idaho. Mr Jong continues to have serious concerns with the water(well)level at the property listed above. He fears that the current level may not provide adequate water for the property, currently or in the near future and as such is requesting expeditious connection to city water and sewer for the propel ty. If I can provide any firther information please let me know and thank you. Jesus Madrigal Page 3 of 4 ATTACHMENT 2: Map of 3780 E Overland Road 7130 ...�1----- - - -------R--I------ ? --------------- -r�---- • 1 FJIL _z E Overland Rd T T Page 4 of 4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS: PARCEL NUMBER R4626240525, 3780 E. OVERLAND ROAD This AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this 14th day of October , 2025 ("Effective Date"), by and 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 Bae Jong, 3780 E. Overland Road, Meridian, Ada County, Idaho ("User") (collectively, "Parties"). WHEREAS,User is the owner of parcel number R4626240525, township/range/section 3N/lE/16,located at 3780 E. Overland Road, Meridian,Ada County, Idaho ("Subject Property"), which real property is located outside of Meridian City limits; WHEREAS, Due to a failing private well system, User seeks to connect the Subject Property to the City water and sewer systems; WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water system, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS,the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS,User requests to connect the existing residence at Subject Property to the City water and sewer systems, and to disconnect and abandon the private water well and private septic system at Subject Property; WHEREAS,the Subject Property is contiguous to the City limits; WHEREAS, the User has submitted an application for annexation of the Subject Property; 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: AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS—3780 E OVERLAND ROAD PAGE I OF 6 I.COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for water and sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. C. Recordation. City shall record this Agreement, and shall submit proof of such recording to User. II. COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for fulfilling User's obligation to pay to City any and all costs related to sewer and water infrastructure construction, materials, and connection, including, but not limited to: hookup, assessment, meter installation, and inspection fees. Upon connection to the City's water system, User shall pay to City all applicable fees and costs for water and sewer services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appeal to the Board of Adjustment under the procedures set forth in Meridian City Code. Notwithstanding any other provision of this Agreement,this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. B. No cross-connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Title 9, Chapter 3,Meridian City Code and/or any and all similar ordinances subsequently adopted,which prohibit the installation and/or maintenance of a cross- connection to the City's water system. C. Annexation. User hereby explicitly agrees to annexation of the Subject Property into the City of Meridian. User shall use diligent efforts to ensure that User's application for annexation of the Subject Property shall proceed to completion in a timely manner. User shall provide all required information and complete all tasks required for annexation of the Subject Property. Should User fail to complete such application, User acknowledges and agrees that City shall be authorized to shut off water to the Property and initiate the process of annexing the Subject Property, at User's sole expense, and, if necessary,to assess all costs and fees related to such annexation against the utility account for the Subject Property. User further acknowledges and agrees that User's failure to pay any utility bill due and owing, including any portion for annexation costs and fees,may result in disconnection of water services to the Subject Property and/or debt collection proceedings or other civil remedies. AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS-3780 E OVERLAND ROAD PAGE 2 OF 6 D. Decommissioning(Abandonment)of private well and septic system. Upon connection and provision of City water service to the Subject Property,User shall disconnect and discontinue the use of any and all private water wells and/or other water sources available on the Subject Property other than the City water system. Upon connection and provision of City water and sewer service to the Subject Property,but no later than one hundred and eighty(180) days following execution of this Agreement, User shall properly decommission the existing domestic well and any and all septic systems available on the Subject Property according to State law, including utilizing a licensed well driller for the work or receiving a waiver to that requirement from the Director of the Department of Water Resources. User shall provide a copy of the driller's report describing the decommissioning procedure to the City. E. Consent to entry. User shall, and hereby does,provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all water and sewer pipes, connections,and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall attempt to provide User at least twenty-four(24)hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. 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. In the event of a default,the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare,the defaulting party shall have thirty(30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement,this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to,termination of water and/or service to User and/or to any successor(s) in interest. C. 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: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: Bae Jong AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS-3780 E OVERLAND ROAD PAGE 3 OF 6 3780 E. Overland Road, Meridian,Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Parry written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. 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. E. Binding upon successors. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. 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. 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 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. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User 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 User, 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. I. Non-waiver. Failure of either Party to promptly enforce the performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to 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 AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS—3780 E OVERLAND ROAD PAGE 4 OF 6 remedy. J. 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 the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. 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. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. Signature lines on following page. AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS-3780E OVERLAND ROAD PAGE 5 OF 6 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. USER: STATE OF IDAHO ) ss: County of W CA ) I HEREBY CERTIFY that on this�t day of Bae Jong O'GLQE K ,2025,before the undersigned,a Notary Public in the State of Idaho,personally appeared Pare ,known or identified to me Bob JOB �p LOM�•• IN WITNESS IREOF,I have hereunto set my hand O,P5tY p`���: and affixed my official seal,the day and year in this • certificate first above written. MY 4, • • 2COMM 33ION� � r • EXPIRES • ��n 12 M-20Y! i l� • • sbW llo i - ••;���� •: Notary Public for Idah�o/� Cc � ••••••,,••• Residing at lq qn 1 cUI / ► ] Idaho My Commission Expires: 124 04 12-'029 CITY OF MERIDIAN: Attest: BY: Chris Johnson, City Clerk 10-14-2025 Robert E. Simison, Mayor 10-14-2025 STATE OF IDAHO ) ): ss County of Ada ) On this 14th day of October ,2025,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know 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 this 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 Residing at eridian, ID Idaho My Commission Expires: 3/28/2028 AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS-3780 E OVERLAND ROAD PAGE 6 OF 6 E IDIAN --- AGENDA ITEM ITEM TOPIC: Farm Lease Agreement Between Douglas J. Thurgood (dba DJ Thurgood Farms) and the City of Meridian for Fields District Park Property (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: Mike Barton, Parks &Recreation Meeting Date: October 14, 2025 Presenter: Consent Agenda Estimated Time: Consent Agenda Topic: Farm Lease for Fields District Park property Background: The farm lease that was approved by Council on 9-9-25 had the wrong date and contained a typo in the spelled-out rent payment under IV.We have corrected the spelled-out rent and the date will be corrected upon execution. Council Action: Approve the corrected Farm Lease Agreement and Resolution as presented. LEASE AGREEMENT WITH DJ THURGOOD FARMS This LEASE AGREEMENT WITH DJTHURGOOD FARMS is made and entered into this 14th day of October , 2025 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Douglas J. Thurgood, doing business as DJ Thurgood Farms, whose address is 17245 Can Ada Road, Nampa, Idaho ("Lessee"). WHEREAS, the City owns real property located at the intersection of W. McMillan Road and Star Road, Ada County, Idaho, including 40.82 acres near the intersection of the Five Mile Drain and the Phyllis Canal, depicted on Exhibit A hereto as Parcel C, which acreage is currently unused by City ("Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Lessee for crop farming serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS, the City Council of the City of Meridian hereby finds that Lease Premises are not otherwise needed for City purposes; and WHEREAS,pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Lessee; WHEREAS, this Lease Agreement shall supersede the Lease Agreement entered into by the Parties following City Council approval and the Mayor's signature on September 9, 2025; 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 City agree as follows: I. Lease granted. City, for and in consideration of the rents, covenants, conditions and agreements hereinafter contained and agreed to be paid, kept and performed by Lessee, does hereby lease and demise Lease Premises to Lessee. II. Use of Lease Premises. Lessee's use and occupancy of the Lease Premises shall be limited to crop farming. Lessee's use and occupancy shall not include, except as expressly specified herein, any rights to minerals, water, oil, or other extractable product. Lessee shall not use or permit the use of the premises for any other purpose other than crop farming without the express written consent of the City. III. Term of lease. The term of this lease shall be deemed to have commenced on the Effective Date and the initial term shall terminate at 11:59 p.m. on November 30, 2025, unless earlier terminated by either Party by the method established herein. This lease shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other at least thirty (30) days before the expiration of the initial lease term or any renewal thereof. LEASE AGREEMENT WITH DJ THURGOOD FARMS PAGE 1 OF 8 IV. Rental payment. Lessee shall pay to City a total annual lease payment of six thousand,three hundred dollars ($6,300.00) (one hundred and eighty dollars ($180.00)per acre x 35 acres) for the entire Lease Premises. The annual rent shall be paid in two installments. The first payment of$3,150 shall be due in full by October 1 of each year, and the second payment of$3,150 shall be due in full by April 1 of each year. Unless either party, between October 15 and November 30, provides to the other written notification of its desire to renegotiate the rental amount for the following year, the rate set forth herein shall apply. If the parties agree upon a rate differing from that set forth herein, such agreement shall be adopted via written addendum to this Agreement. If neither party notifies the other of a desire to renegotiate, upon renewal of the lease term, the most recently agreed-upon rate shall apply. V. Rights and responsibilities of Lessee. With regard to Lessee's use and occupancy of the Lease Premises under this Agreement, Lessee shall be responsible for each and all of the following. A. Farming operations. Lessee shall be responsible for all costs, activities, and responsibilities associated with planting, maintaining, and harvesting crops on Lease Premises. Lessee shall be entitled to keep the proceeds, if any, of the crop(s) planted and harvested by Lessee on Lease Premises. Lessee shall be solely responsible for any and all expenses incurred in the Lessee's planting, maintaining, harvesting, storage and transportation of crops removed from the Lease Premises including, but not limited to, damages caused by acts of God, nature, government, and/or weather. B. Weed and pest control. Lessee shall be responsible for weed, pest, insect, and vermin control on Lease Premises. C. Ditches and drains. Lessee agrees to clean and maintain in good repair and condition, normal wear and tear excepted, all ditches, laterals and drains situated upon the Lease Premises in order that the maximum water benefit may be obtained and utilized. D. Alterations; waste. Lessee shall not make, or permit to be made, alterations on or to Lease Premises without first obtaining City's written consent. Any additions to, or alterations of, Lease Premises shall become at once a part of the real property and shall belong to City. Lessee shall not commit, permit nor suffer any damage to or waste upon the premises or any of the improvements or appurtenances situated or placed thereon by or on behalf of City or City's agents or invitees. E. Liens. Lessee shall keep Lease Premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee. Lessee shall not permit nor suffer any lien,judgment or encumbrance to be entered against or filed upon Lease Premises or any improvements or fixtures thereon. Lessee hereby covenants to satisfy any such lien,judgment or encumbrance at Lessee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims, judgments or encumbrances cause or suffered by Lessee with respect to the premises or any part thereof. LEASE AGREEMENT WITH D1 THURGOOD FARMS PAGE 2 OF 8 F. Equipment. Lessee shall provide and maintain all farming and irrigation equipment necessary for conducting Lessee's farming operation pursuant to this Lease. Any property and/or equipment purchased or used by the Lessee for the purpose of this lease shall remain the property of the Lessee. Such property and/or equipment may be stored at the Lease Premises for the term of this Agreement so long as such storage complies with all applicable laws, regulations, and policies. Lessee shall move or remove such property and/or equipment within twenty-four (24) hours of City's request to do so. Lessee shall be solely responsible for any personal property and equipment stored or used by Lessee upon the Lease Premises. G. Water use. Lessee shall file water use reports as required and/or requested by the irrigation district(s) serving the Lease Premises. City shall promptly authorize excess water delivery if requested by Lessee. Lessee shall pay any water use overage costs, if applicable. H. Chemicals; hazardous substances. Lessee shall not use, store, or dispose of any hazardous or toxic substances as defined by applicable Federal or State laws and regulations upon Lease Premises without prior written notice to City. Said notice shall identify the substance to be used, the area in which the substance is to be used, the manner in which the substance is to be stored and applied, and plans to dispose of any excess. City has the option of refusing to consent to such use, storage or disposal of toxic substances. Lessee's failure to comply with such a decision shall constitute a default by Lessee. All hazardous or toxic materials shall be used strictly in accordance with all applicable laws, rules and ordinances. Lessee shall not allow any hazardous or toxic substance into the air, ground or water except insofar as allowed by said laws and regulations. Lessee shall also not cause or knowingly suffer any prohibited conduct as such term is defined by applicable Federal or State law upon the Lease Premises. Lessee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense, including but without limitation, attorney's fees, resulting from hazardous or toxic substances placed or used on Lease Premises by Lessee. City hereby consents to Lessee's use of chemicals and fertilizers customarily used in crop farming operations in this area on the condition that such chemicals and fertilizers are used and stored properly and in accordance with law. City shall have the right to inspect Lease Premises to determine if Lessee is properly using, storing, and disposing of chemicals and other hazardous substances. Other than chemicals and fertilizers customarily used in farming and ranching operations in this area, City disclaims any knowledge or information regarding the existence of toxic or hazardous substances on the property. I. Good husbandry. Lessee will utilize the Lease Premises in a manner that will best conserve the integrity and long-term beneficial use of the Lease Premises. J. Acceptance as is. Lessee acknowledges that Lessee has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Lessee accept the Lease Premises "as is." Lessee certifies that Lessee is not relying upon any representation or warranty by City as to the condition or suitability of the Lease Premises for Lessee's use. K. Surrender of possession. Lessee agrees that upon termination or expiration of this Lease Agreement for any reason, Lessee shall surrender the premises to City in the same good LEASE AGREEMENT WITH DJ THURGOOD FARMS PAGE 3 OF 8 condition as received, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Lessee agrees to surrender possession and occupancy of the premises peaceably at the termination of the lease and any renewal or extension thereof. L. Indemnification. Lessee specifically indemnifies City and holds City harmless from any loss, liability, claim,judgment, or action for damages or injury to Lessee, to Lessee's personal property or equipment, and to Lessee's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Lessee 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 leased premises by Lessee or by Lessee's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Lessee, 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. M. Liability insurance. Lessee shall maintain, and specifically agrees that Lessee will maintain throughout the term of this Agreement, liability insurance, in which City shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided, Lessee covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Lessee shall provide City with a certificate of insurance or other proof of insurance evidencing Lessee's compliance with the requirements of this paragraph. In the event the insurance minimums are changed, Lessee shall immediately submit proof of compliance with the changed limits. N. Worker's compensation insurance. In the event Lessee hires any person to work on the Lease Premises, any and all workers shall be covered by worker's compensation insurance. In such event, Lessee shall provide to City a certificate of insurance. O. Crop insurance. Lessee may; at Lessee's option, maintain crop insurance for crops planted on Lease Premises. City shall not maintain crop insurance on Lessee's behalf. P. Taxes. Lessee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. Q. Quiet enjoyment. City hereby agrees that in consideration of Lessee's performance of the terms and conditions of this Agreement, Lessee may peaceably and quietly have and enjoy the Lease Premises for the duration of this Agreement. VI. Rights and responsibilities of City. With regard to Lessee's use and occupancy of the Lease Premises under this Agreement, City shall be responsible for the following. LEASE AGREEMENT WITH DJ THURGOOD FARMS PAGE 4 OF 8 A. Assessments; property taxes. City shall pay the regular irrigation district assessments and property taxes, if any. City shall also promptly authorize excess water delivery if requested by Lessee. Lessee shall reimburse City for any water use overage costs, if applicable. B. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to enter the premises for the purposes of inspection for compliance with the terms of this Lease Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. The parties shall supply each other with keys and any other instruments or information necessary to allow mutual entry onto the Lease Premises. VII. General provisions. A. No agency. It is further understood and agreed Lessee shall not be considered an agent of City in any manner or for any purpose whatsoever in Lessee's use and occupancy of the Lease Premises. B. Breach; cure; termination. If Lessee is in breach or default of any of the terms, covenants or conditions of this Agreement and Lessee fails or refuses to cure such breach or default within five (5) days of written notice thereof, this Agreement, and all rights of Lessee in and to Lease Premises, 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 Lessee's failure or refusal to cure as hereinbefore provided, City may, upon twenty-four (24) hours' notice, enter into and upon the premises, take possession thereof and expel Lessee therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies City may have. In the event of termination of this Agreement, Lessee forfeit any right to harvest crops planted and any right to the proceeds thereof. Lessee shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by City in recovering the Lease Premises hereunder. C. Possession. If City, for any reason whatsoever, cannot deliver possession of the said premises to Lessee at the commencement of the said term, as herembefore specified,this lease shall not be void or voidable, nor shall City be liable to Lessee for any loss or damage resulting therefrom; but in that event, there shall be proportionate deduction of rent covering the period between the commencement of the said term and the time when City can deliver possession. D. Transfer of property. If City should sell or otherwise transfer title to Lease Premises, this Agreement shall be voidable upon transfer of title, at the buyer's or transferee's option. As may be practicable under the circumstances, City shall provide written notice to Lessee of City's intent to transfer title. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition,nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Lessee. LEASE AGREEMENT WITH DJ THURGOOD FARMS PAGE 5 OF 8 F. No obligation. By the granting of this lease, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required by law or conveyed by City Council. G. Attorney fees. Lessee shall be liable to City for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by City in the enforcement of any of the terms, covenants or conditions of this Agreement. H. No assignment. Lessee shall not assign, sublet or transfer the leased premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, administrators, or sublessees. This includes, without limitation, provisions regarding liability insurance and indemnification set forth herein. Policies held by Lessee's assignor, sublessee or transferee shall name City as an additional insured party, and Lessee shall provide to City a copy of such policy. I. Binding on successors. This Agreement and all terms and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the Parties. J. Independent contractor. In all matters pertaining to this Agreement, Lessee shall be acting as an independent contractor, and neither Lessee nor any officer, employee or agent of Lessee shall be deemed an employee of City. Lessee shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. K. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: If to Lessee: If to City: DJ Thurgood Farms City of Meridian Attn: Douglas J. Thurgood Director, Parks & Recreation Department 17245 Can Ada Rd 33 E. Broadway Avenue Nampa ID 83687-8320 Meridian ID 83642 djthurgoodfarms@yahoo.com meridianrecreation@meridiancity.org Notices shall be in writing and sent by e-mail or by U.S. mail, postage prepaid, to the party to be notified at the address specified above. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. L. Choice of law. This Agreement was negotiated in Idaho, is entered into and is intended to be performed in the State of Idaho. The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement. M. City Council approval required. This lease shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. LEASE AGREEMENT WITH DJ THURGOOD FARMS PAGE 6 OF 8 N. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Severability.If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect. P. 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. 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. LESSEE: DJ THURGOOD FARMS / ) STATE OF IDAHO ) / ) ss: �'D-duglas J. hurgood, ner County of_AJcL ) I HEREBY CERTIFY that on this day of M b°i 2025,before the undersigned,a Notary Public in the S ate of Idaho, personally appeared Douglas J. Thurgood,proven to me to be the person who executed the said instrument, and acknowledged to me CHARLENE WAY that he executed the same. COMMISSION No. 67390 IN WITNESS WHEREOF,I have hereunto set my hand and affixed NOTARY PUBLIC my official seal,the day and year in this certificate first above STATE OF IDAHO written. 1 Notary Pu lic for Idaho Residing at a Idaho My Commission Expires: CITY OF MERIDIAN: Attest: BY: Robert E. Simison 10-14-2025 Chris Johnson, City Clerk 10-14-2025 STATE OF IDAHO ) ): ss County of Ada ) On this 14th day of October 2025,before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson, know 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 Residing at Meridian Idaho My Commission Expires: 3-28-2028 LEASE AGREEMENT WITH DJ THURGOOD FARMS PAGE 7 OF 8 00 00 va leis A l ORE — gam �+I ��• �� �I' 38 ' I / / II •� I I c'a'r�.�V a a W I I a�4�t6gn W ins � I s.����►k,rFW � ' vn � e�, ,ten low t 83zWrd� �_Ca rA If 41 MIT M d1 � Y '9 ----IroNFrlo-r __L_-tt'caz� ----- - t. r r`•o j Nia rnt _- - - - - - - - II - �F J 1120 SAW, W Q W a E IDIAN --- AGENDA ITEM ITEM TOPIC: Resolution No. 25-2543: A Resolution Approving Lease Agreement with DJ Thurgood Farms for Land Owned by the City of Meridian CITY OF MERIDIAN RESOLUTION NO. 25-2543 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION APPROVING LEASE AGREEMENT WITH DJ THURGOOD FARMS FOR LAND OWNED BY CITY AND LOCATED NEAR THE INTERSECTION OF THE FIVE MILE DRAIN AND THE PHYLLIS CANAL, IN ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City owns real property located at the intersection of W. McMillan Road and Star Road, Ada County, Idaho, including 40.82 acres near the intersection of the Five Mile Drain and the Phyllis Canal, which acreage is currently unused by City("Lease Premises"); WHEREAS, City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which the City Council deems to be in the public interest; WHEREAS,the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to DJ Thurgood Farms serves the public interest as the most efficient method of controlling weeds, pests, and dust; WHEREAS,the City Council of the City of Meridian hereby finds that the Lease Premises are not otherwise needed for City purposes; and WHEREAS,pursuant to Idaho Code section 50-1407, the Mayor and Council hereby resolve and authorize the lease of Lease Premises to DJ Thurgood Farms; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the Lease Agreement with DJ Thurgood Farms, executed contemporaneously herewith, and superseding the Lease Agreement with DJ Thurgood Farms executed on September 9, 2025, are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said instrument for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 14r11 day of October, 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 14th day of October, 2025. CITY OF MERIDIAN: Attest: BY: Robert E. Simison Chris Johnson, City Clerk RESOLUTION AUTHORIZING LEASE AGREEMENT WITH DJ THURGOOD FARMS PAGE 1 OF 1 E IDIAN --- AGENDA ITEM ITEM TOPIC: Employee Benefits Plan Trust Financial Status and Funding Discussion E IDIAN MEMORANDUM DATE: OCTOBER 7, 2025 TO: MAYOR AND CITY COUNCIL FROM: CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST BOARD RE: CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST: FINANCIAL STATUS AND FUNDING DISCUSSION Purpose: Update the Mayor and City Council on the financial status of the Employee Benefits Plan Trust and request funding to stabilize the plan through year-end 2025. Financial Summary: • End of Q1 2025 deficit: $418,976.Trustees requested $1.14M; Council approved $550,075. • End of Q2 2025 deficit: $733,063,driven by higher medical treatment costs(51% higher in cost vs. 2024)and a 31%increase in large claims. • Claims continue to outpace contributions. October—January are historically high claim months. 2026 Approved Adjustments: • Medical: +17% 1 Dental: +11.2% 1 Vision: No change. • Out-of-pocket maximums: Individual$2,500 1 Family$5,000. These adjustments aim to realign funding with actual claim experience. Funding Request: Q2 deficit($733,063)—Q3 credit($550,075) =Q3 projected deficit($411,574). Adding Q4 projected deficit($343,364)totals$937,926 additional funding needed. Total 2025 City contribution:$1.49M. Desired State: • Fully funded Trust without City infusions. • Preventative programs to mitigate high-cost claims (e.g., cancer expert consults). Recommendation: Approve an additional$937,926 funding infusion to sustain the Trust through 2025 and support long- term financial stability. City of Meridian Employee Benefits Plan Trust October 14, 2025 Financial Status and Funding Discussion . • Recap of Spring 2025 Updates • At the end of Q1 (March 2025) Trust was running in a deficit of $418,976 • Board of Trustees original funding request was to be $1.14M • Council approved funding in the amount of $550,075 • Council requested the Board provide regular updates and request additional funds if needed • Discussions regarding Medical Insurance Carrier (In contract until 12/31/26) . • Quarter 2 Status • At the end of Q2 (June 2025) Trust was running in a deficit of $733,063* • The $550,075 approved by Council, was credited in July and will be reflected on Q3 financials reducing this deficit, but not eliminating it. • Reasons: • After 2025 rate determination (Actuarial) medical treatment costs increased • Unusually high number of large claims • 31.03% more than same period in 2024 • Cost of large claims 51.05% higher than same period in 2024 July—August 2025 • Claims costs still outpacing contributions received. Claims{Ee/Mo: $1,454.70 $1,645.10 10.34% Medial $1,124.96 $1,272.63 13.13% Rx $329.74 5332.47 0.83% Claims/member/Mo- $509.14 $564.93 10.96% Medial $393.73 $447.92 13.76% RX $125.42 $117.01 1.39% www.meridiancity.org I r , , $1,200,000 ■Funding Net Claims Fixed Cast; $1,000,000 $800,000 $600,000 $400,000 $200,000 0 m Jan-25 Feb-25 Mar-25 Apr-25 N9 d h 1 ay-25 Jun-25 Jul-25 Aug-25 Se�25 Oct-25 Nov-25 Dec-25 Avg Admin *Oth r Stplss Total m..thly -mdit.] Rx Total Gross StGploss Total Net NerLoss Employees Memb- Fee .:s Fees Fmed Fundiug cl.- Clauns Pd Cl.- Clat-s I'd Cl- Ratio ]an-25 478 1,377 $25,96&M $3,900A8 $60,25i 6 $90,150-80 $705,01L92 $355,105.92 $162,500M $517,606As $90 $516,702A6 86.08% Feb-25 "1 1,384 26,15L97 3,924.96 60,639.67 90,716.60 710,753:D5 756,287.63 1M23,4 .06 920,710.69 25,877-65 894,833.04 133,66% M-25 480 1,378 26,097-60 3,916.80 60,513.60 90,528AD 709,12CS7 821,51337 113,94223 935,455.80 24210 93SA3.70 144.65% Apr-2S 488 1,385 26,53256 3,982.08 61,522-I6 92,036.80 714,84&14 503,89723 152,258M 656,155.83 -0-M 656,156.73 104.66% May-25 491 1,387 26,695-67 4,006.56 61,90037 92,602.60 716,462-86 593,151.12 175,91720 760,068.32 79-91 759,988.41 119.D0% ; -25 486 1,356 26,423-82 3,965.76 61_,70A2 91,659-60 7M,777-07 668,6M.04 165,712A9 834,3%.53 5,624-39 8z8,m-M ] .23% Jul-25 482 1,356 26,2 -M 3,933.12 60,765.74 90,90520 7M,402.38 545,440.70 144,3MA9 689,745.19 85,229.19 604,516A0 99.15% Aug-25 481 1,354 26,15197 3,924.96 60,639.67 90,715.60 699,76825 687,191.D7 2D5,58431 292,775.39 216,656.63 675,118-75 109.58% Sep-25 Ort-25 Nov-25 Dec-25 Av d83 1,373 $26 81.10 $39443d $60939.09 $91 64.53 $70801852 561515&91 $160705.41 S77586d32 S41826.72 $73403760 116-55% Gross Lois 8oQ.7 I22A6% Total 3,8 10 987 $210 M.79 $3 55&72 548]512.69 ST 16.20 $5 6M 148.14 S4 92 27L28 $1 85 M3.31 $6 206 91&59 $3 613.76 $5 72 .83 116.55% r Remainder of 2025 • Based on the trend data claims are expected to continue outpace contributions • October-January are typically the highest claim months of the year I.Sww 1.600A0 A.QDD.OD A,2Oo.OD A.00D.Oa 800.00 600.00 ....--..... ........... J00.00 200 00 0 , Jam25 Feb-25 M-25 Apr25 Map25 J -25 AA-25 Aug-25 Sep-25 0 -25 Now25 Dec-25 ■Net Claims pepm ■Net Claims pmpm www.meridiancity.org 2026 Trust Approved Changes • Increase Individual In Network Maximum Out of Pocket from $2,250 to $2,500 • Increase Family In Network Maximum Out of Pocket from $4,500 to $5,000 • Medical increase 17% • Delta Dental increase 11.2% • Vision rate remains same as 2025 . • Impact of 2026 Changes • Keep Medical plan increase to 17% • Create funding needed to adequately support the claims incurred by the plan . • Desired State • Ability to adequately fund the Trust without infusions from the City • Ability to add preventative programs to mitigate high claims • Cancer Experts Now • Standard of cancer care • Site of care opportunities • Medical reviews • White glove service • Smart Match Medical Expert, Expert Consultations for best outcomes, Coordination of appointments and treatment facilities www.meridiancity.org Funding Methodology • City has maintained the "Save before you Spend" philosophy • Idaho State Code Title 41-4010 states the Trust must maintain "The equivalence of three (3) months of contributions for the current plan year." • Idaho Administrative Procedure Act (IDAPA) Section 18.04.05.026 states "If determination of surplus reveals a deficiency in surplus, the Director may allow the plan up to ninety (90) days to accumulate prescribed surplus. The plan is deemed insolvent when it is either unable to pay its obligations or its assets do not exceed all its liabilities, including prescribed reserves." . • Funding Request • Q2 Deficit ($733,063) • Q3 Funding Credit $550,075 • Q3 Anticipated Deficit ($411,574) • Q4 Anticipated Deficit ($343,364) Total funding request: $937,926 2025 Total Additional City Contribution: $1,488,001 www.meridiancity.org �j�irE IDI� IAN�- ioaHo Questions? www.meridiancity.org