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HomeMy WebLinkAbout2026-06-23 Regular Mayor Robert E. Simison City Council Members: John Overton, President Anne Little Roberts, Vice President Brian Whitlock Liz Strader Doug Taylor Luke Cavener CITY COUNCIL REGULAR MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, June 23, 2026 at 6:00 PM The City of Meridian is committed to providing equal access to all public meetings. If you need accommodation, an alternative format, or language assistance to fully participate, please contact the City Clerk’s Office at cityclerk@meridiancity.org 72 hours prior the scheduled meeting. Materials presented at public meetings are subject to disclosure pursuant to the Idaho Public Records Act. Public Meetings of the Meridian City Council are streamed live at https://meridiancity.org/live and can be joined virtually at https://bit.ly/meridianzoommeeting Minutes ROLL CALL ATTENDANCE PRESENT Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilwoman Liz Strader Councilman Doug Taylor Mayor Robert E. Simison ABSENT Councilman Luke Cavener PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PROCLAMATIONS 1. Owyhee High School Softball State Champions Day ANNOUNCEMENTS AND RECOGNITION PUBLIC FORUM PUBLIC HEARINGS \[Action Item\] 2. Public Hearing for Program Year 2026 Community Development Block Grant Action Plan 3. Public Hearing (Continued from June 9, 2026) for Apex Zenith (H-2026-0014) by Brighton Corporation, located at southwest corner of Meridian Rd. and Lake Hazel Rd. Approved A. Request: Modified Development Agreement to amend the existing development agreement (Inst. #2025-010344) for the purpose of modifying the phase 1 frontage landscape improvements. Motion to approve made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Taylor 4. Public Hearing for Pollard West (H-2026-0015) by Brighton Development, generally located on the north side of W. Chinden Blvd., the west side of N. Levi Ave. and on the southside of W. Waverton Rd. Approved A. Request: Modified Development Agreement Modification to the existing Development Agreement (H-2019-0021 Inst.#060655) for a new agreement for Lots 1- 7, Block 2, Pollard Subdivision No. 1 to update the conceptual development plan for the site. Motion to approve made by Councilwoman Strader, Seconded by Councilman Whitlock. Voting Yea: Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Taylor 5. Public Hearing for Midgrove Plaza (SHP-2026-0004) by Hillside Architecture, located at 1450 E. Franklin Rd. Approved A. Request: Short Plat consisting of two (2) building lots on 12.84 acres of land in the C- G and I-L zoning district. Motion to approve made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Taylor 6. Public Hearing (continued from June 16, 2026) to Consider Adoption of the Ada County Jail Development Impact Fees Ordinance and the Ada County Emergency Medical Services District Development Impact Fees Ordinance Authorizing the Imposition of New County-Related Development Impact Fees Continued to July 7, 2026 Motion to continue to July 7, 2026 made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Taylor ORDINANCES \[Action Item\] 7. Second Reading of Ordinance No. 26-2126: An Ordinance Adding a New Title 12 Called "Countywide Development Impact Fees" to the Meridian City Code and Adding Thereto a New Chapter 1 Called "Ada County Jail Development Impact Fees" That Provides for Short Chapter Title; Authority, Findings, Applicability, and Purpose; Definitions; Capital Improvements Plan; Periodic Review of the Capital Improvements Plan; Intergovernmental Agreement with Ada County; Imposition of County Impact Fees and Payment; Enforcement and Collection; County Impact Fee Administrator and City Powers to Require Payment of County Impact Fees; County Impact Fee(s) Exemptions; Process for Individual Assessment; Extraordinary Impacts; Developer Credits and Reimbursements; County Impact Fee Payment Mistake or Misrepresentation; Fee Payer Refunds; County Impact Fee Capital Projects Trust Fund, Expenditures, Budget, Audit, and Surcharge; Appeals and Mediation; Miscellaneous Provisions; Punishment for Violations; Construction of Ordinance Intent; and Providing an Effective Date 8. Second Reading of Ordinance No. 26-2127: An Ordinance Amending the Meridian City Code by the Addition Thereto of a New Chapter 2 to Title 12 Called "Ada County Emergency Medical Services District Development Impact Fees" Providing for Short Chapter Title; Authority, Findings, Applicability, and Purpose; Definitions; Capital Improvements Plan; Periodic Review of the Capital Improvements Plan; Intergovernmental Agreement with EMS District; Imposition of EMS Impact Fees and Payment; Enforcement and Collection; EMS District Impact Fee Administrator and City Powers to Require Payment of EMS Impact Fees; EMS Impact Fee(s) Exemptions; Process for Individual Assessment; Extraordinary Impacts; Developer Credits and Reimbursements; EMS Impact Fee Payment Mistake or Misrepresentation; Fee Payer Refunds; EMS Impact Fee Capital Projects Trust Fund, Expenditures, Budget, Audit, and Surcharge; Appeals and Mediation; Miscellaneous Provisions; Punishment for Violations; Construction of Ordinance Intent; and Providing an Effective Date FUTURE MEETING TOPICS ADJOURNMENT 7:05 PM Meridian City Council June 23, 2026. A Meeting of the Meridian City Council was called to order at 6:11 p.m. Tuesday, June 23, 2026, by Mayor Robert Simison. Members Present: Robert Simison, Liz Strader, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Members Absent: Luke Cavener. Other Present: Chris Johnson, Bill Nary, Sonya Allen, Nick Napoli, Tracy Basterrechea and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Brian Whitlock Anne Little Roberts X John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is June 23rd, 2026, at 6:11 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: We have no one assigned for the community invocation. ADOPTION OF AGENDA Simison: So, I will move on to adoption of the agenda. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: There are no changes to tonight's agenda. I move that we approve the agenda as published. Meridian City Council June 23,2026 Page 2 of 21 Little Roberts: Second. Simison: Have a motion and second to approve the agenda. All in favor signify by saying aye. Those opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. PROCLAMATIONS 1. Owyhee High School Softball State Champions Day Simison: Next up we are going to do a proclamation for Owyhee High School Softball State Champions Day. If I can have the coach and the team come up and join behind the podium we will do the proclamation. As we did it at 4:30, we are going to celebrate Owyhee High School once again as we did the baseball team earlier. So, it's great that we can do this all in one day. I had to wear the red tie once this week. So, with that we will do a proclamation and invite coach to say a few words if you like to and the players introduce themselves, their year and their position. Sound good? Fazzio: Sweet. Simison: All right. So, whereas being an Owyhee High School softball player is more than making pitching, fielding, hitting and achieving state titles, it is training to build leadership, character, confidence, teamwork and resilience, all traits needed to succeed on the field, in the classroom and in the real world and whereas the Storm was the team to beat in the 2026 season with a 31 and three overall record and a six to one state tournament record to advance to the state 6-A state championship game and whereas after an early tournament loss Owyhee fought back through the elimination record to claim the trophy and whereas Owyhee won five straight elimination games, including a 12-5 victory in the title match to provide a second straight title in the third and four years for the team and whereas the leadership, training, discipline of their coaches helped all team members to focus their talents and passion on the team with each player making valuable contributions to their victory. Therefore, I, Mayor Robert E. Simison, hereby proclaim June 23rd, 2026, the Owyhee High School Softball State Champions Day in the City of Meridian and call upon the community to join me in congratulating the Storm on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament, this 23rd day June 2026. On behalf of myself, the City Council, all the employees and the community congratulations on your accomplishment and we are glad you could here to celebrate with us. Coach. Fazzio: Well, I'm going to keep it short and sweet. We thank all the City Council, the City of Meridian and on behalf of Owyhee High School we would love to accept this award and, honestly, the girls had a great year. They put themselves and the coaches and all the parents just on a pedestal by their play. Super selfless. Put the team before themselves. Just great, great year. Coach John isn't here, but I know he did have one message for everybody. He just said go ahead and pencil us in for next year. So, we Meridian City Council June 23,2026 Page 3 of 21 were here last year, we will be back next year. So, we will just keep -- we will just keep coming back and throw our names up here. So, we will start with Saylor. She can introduce herself. She's a senior graduate, so -- one of our captains. So, she can introduce herself and say what position you played and -- what was the other thing you wanted? That position? Perfect. Shoemaker: I'm Saylor Shoemaker. I'm a senior. I play outfield. Mahaffey: My name is Madde Mahaffey. I'm a sophomore. I play first base. Carlotte: My name's Charlotte. I'm a sophomore and I play outfield. Wellers: I'm Kenzie Wellers. I'm a freshman and I'm a pitcher. Kelly: My name is Aniston Kelly. I'm a freshman and I play short stop. Jules: I'm Jules. I'm a freshman and I play middle infield. McGrath: Hi. I'm Dani McGrath. I'm the JV assistant coach and this is my daughter Audrey who is the bat girl for the varsity team. Simison: And I will just say real quick, because I don't think we are going to get them on the schedule, but Mountain View was also successful in the spring with once again back-to-back for the men and women in their track team, so we had a very successful spring in Meridian with two returning back-to-back groups through that process, but -- yes. ANNOUNCEMENTS AND RECOGNITION Simison: So, with that, Council, I guess that was my announcements and recognition. Council, anything else under announcements and recognition? PUBLIC FORUM Simison: Okay. Mr. Clerk, anyone signed up under public forum? Johnson: Mr. Mayor, yes. Denise LaFever. Simison: Good evening, Denise. If you state your name -- address for the record. Just state your name for the record. LaFever: Good evening, Mayor and City Council Members. I'm Denise LaFever and for those that don't know, I won my Idaho precinct committee for 1412 and I'm here to discuss some very specific things that came up reoccurring during my walks. Okay? One of the issues that -- that came up as a reoccurring theme is a need for ordinance for electric bikes and golf carts. In particular, residents have expressed growing Meridian City Council June 23,2026 Page 4 of 21 concerns with operations of electric bikes and golf carts. Reports minors riding these recklessly down the middle of the lanes, traveling excessive speeds, performing stunts on the roads, more wheelies, cutting corners, failing to yield to pedestrians and in addition they are causing damage to landscaping. Another issue we have is some people have reported excessive vehicle noise. I don't know what people are doing to their vehicles nowadays, but for some reason they are extremely loud after 10:00 o'clock at night. And you guys have probably heard this a hundred times. There is issues with the Rock Harbor traffic impact with large events and Sundays, making it hard for residents to get out of their neighborhoods. There is traffic delays, neighborhood access issues, safety issues and it causes issues with the surrounding neighborhoods as well. We have also had some issues with people talking about dogs off leash. This -- while many of our pet owners are responsible, there are some that create safety concerns with other dogs, pedestrians, children, cyclists and other just overall nuisance. One of the really big issues has been the Black Cat Road at Chinden with not having a right-hand turnout. It's causing a really dangerous situation. Some people reported that they have been very concerned and turn into Tree Farm Way to go into their neighborhoods, because it's -- they feel it's too dangerous to turn on Black Cat because there is no right-hand turn lane. One of the other issues that's been top of mind since its 250 year anniversary is the fireworks and in the past there -- people love these celebrations and they are welcome celebrations. However, there is concerns that these fireworks go on for multiple days and really late into the night and they would like a conversation around how to curtail multiple days and late at night, especially concerning dry conditions, people trying to get sleep and pet anxiety. That is something I hear over and over again is pet anxiety. When they went back through and they chip sealed our neighborhood they did not repaint the crosswalks. We would like our crosswalks repainted. The utility box was replaced up on Chinden and Tree Farm. It used to have a really pretty wrap that went around it. We would like that pretty wrap put back again. If not the same one a different one. And, then, the last one we would like your help -- we would like your help in getting that fence removed between Chinden -- it's on Chinden where the golf course is between Lakeshore and Tree Farm over by Fast Eddie's. We know that that's on Ada county land, but we would like you to make some phone calls, because it's impacting our residents. As wind storms come up those materials blow out into the lane people get into to turn into the neighborhood up at Chinden. So, we would like an encouragement from the sheriff's or compliance at Ada county to have that resolved and that is my report. Those are -- those are the very specific things and I will come forward and talk about other issues later, but those are the ones that we would like to see if we can get some help with. Simison: Okay. Lafever: Thank you. Simison: Thank you, Denise. Our police chief was here tonight and heard them all and almost everyone falls directly into his team's conversation, so -- Lafever: Fantastic. Meridian City Council June 23,2026 Page 5 of 21 Simison: -- I'm sure that he or members of his team can reach out and have some conversations about some of them and some of you may have some good news about. Lafever: I'm waiting for that electric bike one. Simison: Okay. Lafever: Fantastic. Thank you. PUBLIC HEARINGS [Action Item] 2. Public Hearing for Program Year 2026 Community Development Block Grant Action Plan Simison: Thanks. Okay. With that -- well, I assume there is nobody else signed up. Okay. With that we will move on to our public hearings for this evening. First item up is a public hearing for program year 2026, Community Development Block Grant Action Plan. Open this public hearing with comments from Crystal. Campbell: Thank you, Mr. Mayor, Members of the Council. I have a quick presentation for you before we opened for the public hearing. So, quick overview. CDBG is the Community Development Block Grant and it's federal funding that we receive from HUD every year and it's specifically to help low to moderate income residents with housing stability. We have a five year plan. It's called our consolidated plan. We use this to figure out what the goals and priorities of the community are and, then, each year we submit our action plan and that says how we are going to spend the funding. So, it's a quick reminder that the funding is limited to eligible activities and that's determined by HUD. For this year, it's the final year of our consolidated plan, and we are expecting to receive 555,314 dollars for this and this slide shows a breakdown of how we are intending to spend those funds. Under services we are looking at funding Jesse Tree's emergency rental assistance program. For child care scholarships, that's the Boys and Girls Club. We also have two different repair programs. One is the larger one through NeighborWorks Boise that we typically do and, then, Habitat for Humanity also requested funding for a critical home repair program that focuses more on veterans and citizens who have disabilities and that's more for like ramps and smaller projects. We also have funding to finish up the Northwest Seventh Walkability Project. It's -- we are under contract right now, so we are hoping to start that in September and, then, just roll right into the remainder of the improvements once we get the additional funding. And, then, of course, administration program oversight and fair housing, which is a required activity. We have done quite a bit of community engagement during the planning process. We had public hearing, council presentation. We engaged our community partners. We had an application open for people to apply for the funds to administer different programs and, then, we also had a workshop, so people could learn more about it. As far as public comments, once the action plan was completed and was put out, then, of course, we have the public comment period. We have an online survey, a couple of virtual open houses, two public hearings. It's available on our website. It's Meridian City Council June 23,2026 Page 6 of 21 been posted to social media and we have also sent letters to leaders that are impacted by the Northwest Seventh Walkability Project. For the most part the feedback that we have been receiving, there is strong support for rental assistance during emergencies, child care for working families, home repair for seniors and people with disabilities, as well as the sidewalk improvements for neighborhood safety and in the comments they have also mentioned that there is interest in affordable housing, transportation accessibility and long-term housing solutions. You guys will get a full list of all the comments, though, when the plan is submitted. Also things that were brought up for future discussion. There were comments around eligibility for assistance. How funding decisions are made. Eligible uses. Program oversight and accountability. And opportunities for community involvement. So, all of those things will continue providing public education and we will also be discussing that quite a bit when we go out for our consolidated plan process. Here is just a quick summary of the feedback that we have received as of this afternoon. For the most part people are fairly good with it. There is -- it's all over the place on some of them, but for the most part it's right around 3.5 to 4.2 where it averages out. As far as meeting the current needs and having a lasting effect, then, it's 3.8 and 3.5. The child care scholarships and home repair programs are both 3.8 on average and emergency rental assistance is 3.9, with the walkability at 4.2. So, moving forward after tonight, then, the public comment closes on June 29th, which is next week and, then, in the middle of July I will have the final report and resolution on the Consent Agenda for your approval and, then, by the end of the month I will have it submitted to HUD and as soon as that's over, then, we will start on our consolidated planning process. If anybody has any questions or comments they can reach out to me directly even outside of the public comment period. We always take feedback. My name is Crystal Campbell. My e-mail is ccampbell@meridiancity.org and my phone number is 208-489-0575. And with that I will stand for questions. Simison: Thank you, Crystal. Council, any questions? Okay. Appreciate that. One question, Crystal. Do you want the public hearing left open while you take public comment or not necessarily? Campbell: No. We can close the public comment period. Simison: Okay. Campbell: Or sorry. We can close the public hearing. Simison: Okay. Thank you. Appreciate it. Mr. Clerk, did we have anybody signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody present who would like to provide testimony on this item? And if you are online you can use your raise your hand feature. Seeing no one coming forward, no one raising their hand -- Meridian City Council June 23,2026 Page 7 of 21 Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we close the public hearing for the program year 2026 Community Development Block Grant Action Plan. Little Roberts: Second. Simison: Have a motion and second to close the public hearing. Is there any discussion? If not, all favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. 3. Public Hearing (Continued from June 9, 2026) for Apex Zenith (H- 2026-0014) by Brighton Corporation, located at southwest corner of Meridian Rd. and Lake Hazel Rd. A. Request: Modified Development Agreement to amend the existing development agreement (Inst. #2025-010344) for the purpose of modifying the phase 1 frontage landscape improvements. Simison: Next item up on the agenda is Item 3, a public hearing continued from June 9th for Apex Zenith, H-2026-0014. We will continue this public hearing with staff comments from Nick. Napoli: Good evening, Mayor, Members of the Council. Next item on the agenda is the development agreement modification for Apex Zenith. So, the applicant requests to amend the existing development agreement to modify the phasing of road fronts landscape improvements. The site is generally located the southeast corner of Meridian Road and Lake Hazel. So, the applicant's narrative states that the main reason behind this request is to avoid installing -- potentially installing and potentially damaging or removing landscaping with future construction of phase two of Apex Zenith. In addition these landscape improvements are tied to the first certificate of occupancy within the development, which would be Costco. The reason these landscape improvements -- landscape buffering improvements were required with phase one of the development was due to the applicant constructing roads outside of the subdivision process, which should now provide a mechanism for staff to allow the phasing of these improvements. Anything in green -- this is what's currently in the DA. Anything in green or orange was required prior to the occupancy of Costco. The blue was deferred to phase two and now they are coming back and wanting to be able to post -- have the opportunity to post surety in order to get occupancy of Costco if some of these improvements are not finished at that time. So, as a result staff has provided the option for a performance surety to be posted for the deferred landscape improvement. This requirement shows that the city has a mechanism to require completion of the improvements in the future Meridian City Council June 23,2026 Page 8 of 21 regardless of timing of subsequent preliminary and final plats. So, I would like to note that in my staff report it said the applicant had not submitted the preliminary plat for phase two. However, that preliminary plat has been submitted with a larger application that also includes a development agreement modification. So, on the screen is the proposed language change. It essentially just allows them to be able to post surety if the landscaping is not installed along those street frontages and Costco will be able to get occupancy if that surety is posted prior and I will stand for any questions. Simison: Any questions for staff? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Is there agreement upon -- is there agreement on the amount of the surety and alignment on that? Napoli: Mr. Mayor, Council Woman Strader, so we are actually going to -- the amount of the surety -- not yet, because we have to receive bids for the surety amount, which I will coordinate with Kelly Ready, our surety coordinator, with Brighton as well prior to the occupancy of Costco. I know they are currently working out there pretty hard and I will let the applicant speak to that a little bit more, but I know that there is a lot of work being done and they aren't sure exactly what may not be completed, if my understanding is correct, so that number may change. I know that I will be coordinating with them closely as this continues to make sure those sureties are in place and the correct bids and amounts are in place prior to the occupancy of Costco. That's correct. Simison: Council, any questions for staff? If the applicant would like to come forward. I McNutt: Amanda McNutt. 2929 West Navigator. Did it start sharing? Johnson: It did not. Want me to turn the other sharing off? McNutt: Okay. Looks like we are good. Probably questions will be more helpful on this than my presentation, but I will go ahead and get started. So, again, we are modifying the development agreement for Apex Zenith. As mentioned this is the corner of Lake Hazel and Meridian Road. This was an exhibit already shown, but I think this is just a little bit more clear. We had agreed to do basically all of the buffers in this area prior to the first occupancy as noted. That would be Costco. Other than phase three, which was with a future final plat, which has now been -- or the new plat has been submitted. Just to give you kind of an update of where we are at, building wise out here in green, everything is complete. Blue we are prepping for asphalt and have an estimated completion date of July 8th. So, that's coming up really quickly. And, then, Meridian Road is also under construction with mid October date. That one's the most work and so that could change just a little bit, but we should be on schedule for that. So, this is kind of what we thought of for phasing our landscape completion. Phase one will be Meridian City Council June 23,2026 Page 9 of 21 completed and bonded with Apex Zenith final plat number one, which has already been submitted and approved. Phase two would be completed or bonded with Costco. So, that's kind of their fuel center and their main distribution and everything. So, they would be responsible for that. And, then, phases -- or I guess numbers three through seven would be the future phasing of the landscaping and so, essentially, this is kind of how we plan to proceed to get landscaping to a hundred percent. Because there will be new buildings that come in through there there is still some road work that needs to happen. There is just going to be a lot of construction activity and things like that. We don't want to fully construct those buffers. We do plan to do all of the street trees and the landscaping between the curb and the sidewalk, which I believe is an eight foot landscape strip, but there is like another two foot of landscape behind the sidewalk that we do not want to complete at this time, because it -- it will likely get destroyed during construction activities of other things. So, those are the items that we will likely be bonding for. Much of this landscaping is annual. Will be in very soon or this summer, so we don't actually expect to be bonding for that much. It's really just the stuff that we know is going to end up being problematic to install now and we will just have to reinstall it later and with that I will stand for any questions. Simison: Thank you. Council, any questions? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just quickly. Amanda, so we are not really saying, hey, we are changing all the landscaping, we are just changing the plan on when it's going to happen based upon construction. McNutt: Yes. That's correct. We are not changing what is happening with the landscape, just the timing of when it would be installed and the ability to actually bond for those improvements, rather than install them all at the beginning. Overton: Thank you. McNutt: You are welcome. Simison: Okay. Thank you. Mr. Clerk, anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, no. Simison: Is there any person that would like to provide testimony on this, either in the room or online if you use the raise your hand feature. Seeing none coming forward and no one raising their hand, does the applicant have any final comments? Applicant waives. Council, comments? Meridian City Council June 23,2026 Page 10 of 21 Overton: Mr. Mayor? Simison: Councilman Overton. Overton: If there is no other comments on this application I move we close the public hearing. Little Roberts: Second. Simison: Have a motion and second to close the public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: This is pretty straightforward. We are not asking for a huge change just a timing change and with that I would like to move that we approve File No. H-2026-0014 as presented in the staff report for the hearing date of June 23rd, 2026, after considering all staff, applicant and public testimony. Little Roberts: Second. Simison: Have a motion and second to approve Item 3. Is there discussion on the motion? If not clerk call the roll. Roll Call: Cavener, absent; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 4. Public Hearing for Pollard West (H-2026-0015) by Brighton Development, generally located on the north side of W. Chinden Blvd., the west side of N. Levi Ave. and on the southside of W. Waverton Rd. A. Request: Modified Development Agreement Modification to the existing Development Agreement (H-2019-0021 Inst.#060655) for a new agreement for Lots 1-7, Block 2, Pollard Subdivision No. 1 to update the conceptual development plan for the site. Meridian City Council June 23,2026 Page 11 of 21 Simison: With that we will move on to Item 4, which is public hearing for Pollard West, H-2026-0015. I will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The next application before you is a request for a development agreement modification. This site consists of 23.3 acres of land. It's zoned C-G and is located on the north side of West Chinden Boulevard at the southwest corner of North Levi Avenue and Chinden Boulevard. A little history on this property. Back in 2019 this property received annexation and preliminary plat approval as part of the larger 77 acre Pollard Subdivision. A development agreement was required as a provision of annexation that governs future development of the property. A conceptual development plan was approved at that time for the overall development and that is as shown there on the left. A final plot was later approved and recorded, which included the subject property. The Comprehensive Plan future land use map designation is mixed use interchange, which consists of 17.7 acres and medium density residential, which is 5.6 acres along the northern boundary of the property, which you can see on the map here on the right, that's the differences in the designations. The applicant is proposing a modification to the existing development agreement for a new agreement for the subject property and that is for Lots 1 through 7, Block 2, Pollard Subdivision No. 1 to update the conceptual development plan for the portion of the property south of Waverton, west of Levi and north of Chinden. An earlier amendment in 2024 removed the portion along the north side of Waverton from the agreement. The existing development agreement will remain in effect for the portion of the development east of North Levi Avenue. The existing approved conceptual development plan as is shown, which depicts a medical campus consisting of 95,000 square feet of medical office building, including a surgical center, freestanding emergency department and a 50 bed hospital. A multi-tenant building was anticipated at the hard corner of Levi and Chinden. Three of the lots have already received certificate of zoning compliance approval for the following uses: An 80,600 square foot medical office building on lot three and that is this one right here. An electrical wholesale supply company on Lot 2. That's right in there. And a credit union on Lot 1 and that's right at the corner there. These are all in the development process currently. A conditional use permit -- permit for a daycare center has been submitted for Lot 4 and that is this lot right here. Approval of that application is contingent upon the subject modification being approved tonight. The purpose of the modification is to update the conceptual development plan to accurately reflect current development activity and to allow for independent progression of the identified lots. The site layouts with access, parking, pedestrian pathways and public, quasi-public gathering areas and plazas that have already been approved are depicted on the proposed concept plan as shown. Lot 6 is still anticipated to develop with the hospital and that's the far west one. And Lot 5 is anticipated to have two commercial buildings and that's the one here along the southern boundary. Because this property is located in the mixed-use interchange designation, specific development agreement provisions are required as noted in the existing development agreement that pertain to common usable open space in commercial areas such as plazas or green space, supportive and proportional public and quasi- public spaces and places and safe pedestrian access and connectivity within developments as set forth in the Comprehensive Plan. The existing entitled uses were Meridian City Council June 23,2026 Page 12 of 21 held to these standards and staff recommends the remaining lots are also held to these standards. Therefore, staff is recommending these provisions are carried over into the new development agreement as shown there on the screen before you. Staff is recommending approval of their proposed modification to the development agreement. Written testimony has been received from the public from a few folks. Denise Lafever, Arlene Hoffman and David Hoffman and that is included in the public record in the project file. And a response to the staff report was received from the applicant and they are in agreement with staff's recommended development agreement provisions. Staff will stand for any questions Simison: Thank you. Council, questions for staff? Okay. Would the applicant like to come forward? Benski: Thank you, Mayor, Members of Council. Eli Benski. 2929 West Navigator Drive. Thank you, Sonya, for your presentation. As she mentioned we are here for a development agreement modification. Here is our conceptual layout that was submitted with the preliminary plat of 2019 and assigned with the agreement. Specifically we are discussing the area that is west of Levi, south of Waverton. This gives a better layout of the area that we are proposing this new development agreement for. Here is a close-up of that area. As Sonya mentioned, we do have three users that have received CZC and are currently under development. The lot through -- that is St. Al's, they have already started construction. They actually broke ground last week, if not the week before, and Electrical Wholesale on Lot 2 and Rogue Credit Union on Lot 1. Both of those buildings have been under construction. As mentioned, Lot 4 is assigned for a daycare, depending on tonight's hearing will depend if they can continue with their CUP process. And, then, Lot 5, we don't have users currently, but we are proposing two separate commercial buildings. And Lot 6 is still slated to be St. Al's hospital. Here are the elevations that were submitted with the three users that are currently under development. This is Rogue Credit Union. That's on the hard corner of -- excuse me -- of Levi and Chinden. With Rogue Credit Union there is a plaza already approved with them. We are coordinating our construction of the plaza with their construction timelines. We hope to get that completed here in the fall. These are the elevations for Electric Wholesale. They are in the center of the three users that I mentioned. They are on Lot 2 and this is St. Al's building that they broke ground on just recently and that is the lot that is closer to Waverton. With that I stand for any questions. Simison: Thank you. Council, any questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It feels consistent with what you were planning before. I don't think it's too far out of the realm of what we anticipated. My biggest question mark is number six. I understand that you are expecting St. Al's hospital there still. That's great. It's just so -- it's a little tough without a lot of detail as to what that's going to look like. Can you give Meridian City Council June 23,2026 Page 13 of 21 us a better sense for what is planned there? Has it changed? The scale? How is -- how is that piece of the concept plan going to come together and at what point would you be moving that piece forward? Benski: Mayor, Council Woman, thank you for that question. We still continue with proposing what we initially proposed with the 2019 application. In regards to the intensity of the hospital those plans have not changed. However, I don't have any elevations from St. Al's yet in regards to what that might look like. Strader: Okay. Simison: Council, any additional questions? Thank you. Benski: Thank you. Simison: Mr. Clerk, do we have anyone signed up on this item? Johnson: Mr. Mayor, we do. Denise LaFever. LaFever: Hi, City Council Members. My name is Denise LaFever. 6706 North Salvia Way. I will just keep it short and sweet. My biggest concern is that this particular development had a lot of conditions when it was originally passed. It had the fire engine ladder. It had a sewer lift. It had connectivity with transportation. There were a lot of issues to have this approved. My biggest concern is to make sure that those issues carry forward in the development agreements as they break these apart and that the costs are not being transferred onto existing taxpayers, onto agencies or other people that -- what they promised that they would do that gets passed into the development agreements. So, is there any questions? Simison: Councilman, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I read your e-mail and it seemed like you also had some specific like infrastructure capacity concerns. Do you feel like if those DA provisions transferred over into the individual separate agreements that that would alleviate those concerns Help me understand that piece a little more. LaFever: Yes. There are capacity issues and there are other issues that I feel that if you -- this was not -- this was one concept plan, it wasn't broken into seven and so those need to flow through. In particular is the transportation part of it as far as the roads and making sure you have connectivity east and west, you know, that is a signal light with Levi, that that has some connectivity, hopefully north-south. The lifts -- the lift Meridian City Council June 23,2026 Page 14 of 21 station was in particular. There were other requirements that I just want to see that they get passed on and that those are not forgiven as you break them apart. Strader: Thank you. Simison: Council, any additional questions? All right. Thank you. Is there anybody else who would like to provide testimony on this item? Either come forward or raise your hand online. Not seeing anyone coming forward or raising their hand, would the applicant like to make it any final comments? Benski: Thank you. Council Woman Strader, this is an example of what they have told us it may look like. This is the St. Alphonsus in Caldwell. Obviously construction can change a little bit, but this is the same intensity and elevations that they were planning to put in. So, I just quickly grabbed that snapshot. I apologize it's a YouTube snapshot, but I thought it could at least provide that imagery for you guys. In addition, as Sonya mentioned, we are happy with carrying over the conditions with the original DA. This just ties us and allows us to move forward with the users. In terms of the construction of roadways, Levi is constructed as a five lane roadway with a center turn lane and we are completed with Overton regarding that being a collector roadway through where ACHD has required us to carry that collector through the Pollard Subdivision. I will stand for any other questions. Allen: Mr. Mayor. Excuse me. I just wanted to add something if I could before the public hearing closed and Eli is available to comment. I noticed the DA provisions neglected to include a restriction on the uses that -- on the lots that didn't have a concept plan on them. The -- specifically Lot 6 that's anticipated to develop with the hospital and Lot 5 for the two commercial buildings. I would like to recommend that that specifically get included in the development agreement just so that the uses are memorialized. Thank you. Applicant's in agreement. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. That helps me address a question I had, Sonya, which was -- I just wanted to double check that the same DA provisions are going to apply, it's just that we are now splitting it into separate agreements. I just wanted to double check on that, because I think to Denise's point that was true about the original approval. It was very detailed. There were many conditions. I just want to make sure those conditions still apply, it's just that they are being separated out. Allen: Yes, ma'am. Now that the development agreement provisions have been gone through and as I noted earlier the ones that are applicable have been moved over to the new agreement and those are included in the staff report. Strader: Mr. Mayor, quick follow-up. Meridian City Council June 23,2026 Page 15 of 21 Simison: Council Woman Strader. Strader: So, it sounds like the only modification that needs to be added is just to specify the uses on Lot 6 and Lot 5. Allen: Yes. Strader: Thank you. Simison: Council, any additional questions for the applicant? Okay. Thank you very much. Benski: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm happy to get this moving. I move that we close the public hearing on this item. Whitlock: Second. Simison: Have a motion and second to close the public hearing on Item H-2026-0015. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would like to make a motion. After considering all staff, applicant and public testimony I move to approve File No. H-2026-0015 as presented in the staff report for today's hearing date with the addition of specifying the uses on Lot 5 and Lot 6 as outlined by Sonya. Whitlock: Second. Simison: Motion and a second to approve Item H-2026-0015. Is there discussion on the motion? If not clerk call the roll. Roll Call: Cavener, absent; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Meridian City Council June 23,2026 Page 16 of 21 Simison: All ayes. Motion carries and the item is agreed to. Thank you and have a good evening. MOTION CARRIED: FIVE AYES. ONE ABSENT. 5. Public Hearing for Midgrove Plaza (SHP-2026-0004) by Hillside Architecture, located at 1450 E. Franklin Rd. A. Request: Short Plat consisting of two (2) building lots on 12.84 acres of land in the C-G and I-L zoning district. Simison: Next item up is Item 5, which is a public hearing from Midgrove Plaza, SHP- 2026-0004. We will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. Next application before you is a request for a short plat. This site consists of 12.84 acres of land. It's zoned C-G and I-L and it's located at 1450 East Franklin Road. History on this property. In 2007 a property boundary adjustment was approved by the city, which created the legal parcel for the proposed subdivision. In 2020 a rezone of 1.96 acres of land from I-L to C-G and a preliminary plat was approved. A time extension for the preliminary plat was approved, but the plat later expired. There is no development agreement in effect or required for this property. The Comprehensive Plan future land use map designation is commercial on the southern six acres of the property and general industrial on the northern seven acres. The applicant is requesting approval of a short plat consisting of two building lots on 12.84 acres of land in the C-G and I-L zoning districts as shown there on the left. The proposed lots are anticipated to develop with six flex space buildings and future pad site. Flex space is a principal permitted use in both zoning districts, subject to the specific use standards in the UDC. Establishment of the use and/or internal site design is not being reviewed or approved as part of the subject application. A subsequent certificate of zoning compliance will be required to determine consistency with UDC standards. The Five Mile Creek crosses the site within a 90 foot wide easement. A conservation easement also exists in the same area for protection of designated wetlands along the creek. The creek is required to remain open and be protected during development. A portion of this site along the creek is in the flood plain. A flood plain development permit is required prior to development. The Evans Drain runs along the northern boundary of this site within a 60 foot wide easement as depicted on the proposed plat. Structures and improvements should not encroach within any of these easements. Two accesses are proposed via North Locust Grove Road. One full access, that's the northern access, in this location right here, is -- excuse me -- is in an existing 40 foot wide ingress and egress easement that aligns with Lanark Street to the east and this should be the primary access for the development and one right-in, right- out access midway to the south between the existing access easement and Franklin Road. There is an existing curb cut on Franklin Road that will remain for maintenance vehicle access only for the creek. Private streets may be required within the development for emergency way finding purposes. Cross-access ingress-egress easements are required to be granted to the property to the west on the north and south Meridian City Council June 23,2026 Page 17 of 21 sides of the creek, unless already existing. A minimum 25 foot wide street buffer is required to be constructed on the side along North Locust Grove Road and East Franklin Road, with the subdivision improvements. An attached sidewalk that's in good condition exists along the frontage of this side adjacent to Franklin and Locust Grove Roads and is not required to be replaced. A ten foot wide multi-use pathway is depicted on the pathways master plan from the Franklin and Locust Grove intersection to the west to the creek and, then, northwest along the east side of the Five Mile Creek. Only an easement is required at this time for the pathway. Staff is recommending approval. Written testimony has been received from Anthony Swanson, Hillside Architecture, is the applicant's representative and he is in agreement with the staff report. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions for staff? Is the applicant here? Good evening. State your name and address for the record and be recognized for ten minutes. Swanson: Anthony Swanson with Hillside Architecture, 345 Bobwhite Court, Boise, Idaho. Good evening, Mayor and Council Members. My name is Anthony Swanson. I'm the applicant for the -- and project architect at Hillside Architecture for this project. I'm here today representing Copium Investments and presenting the short plat for The Midgrove Plaza Subdivision. As Sonya described, this is a pretty straightforward division, just into two different lots for development. Our development is proposed to be within the general commercial and light industrial zoning and we intend to develop future flex-based buildings within these parcels. We are fully in agreement and understand the department-specific conditions and we are ready to go forward with these conditions in the normal CZC design review and permitting process. We believe this is in conformance with the UDC and the guidelines of the Comprehensive Plan and we support your approval if you would give it. Simison: Thank you. Council, any questions from the applicant? Thank you very much. Swanson: Thank you. Simison: Anyone signed up on this item? Johnson: Mr. Mayor, no. Simison: Okay. Is there anybody personally would like to provide testimony on this item, either in the room or online? Seeing no one coming forward, does the applicant waive any final comments? Applicant will waive final comments. Council, what's your direction? Overton: Mr. Mayor? Simison: Councilman Overton. Meridian City Council June 23,2026 Page 18 of 21 Overton: No further public comments, I move we close the public hearing. Little Roberts: Second. Simison: Motion and second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I will go ahead and kick this off. I'm actually very glad to see after all these years something actually occurring on that corner. So, if there is no other comments, would like to move -- after considering all staff, applicant and public testimony, I move to approve File No. SHP-2026-0004 as presented in the staff report for the hearing date of June 23rd, 2026. Little Roberts: Second. Simison: Have a motion and second to approve Item 5. Is there discussion on the motion? If not, clerk call the roll. Roll Call: Cavener, absent; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 6. Public Hearing (continued from June 16, 2026) to Consider Adoption of the Ada County Jail Development Impact Fees Ordinance and the Ada County Emergency Medical Services District Development Impact Fees Ordinance Authorizing the Imposition of New County- Related Development Impact Fees Simison: So, next up is Item 6, which is a continued public hearing from June 16th to consider adoption of the Ada County Jail Development Impact Fees Ordinance and Ada County Emergency Medical Services District Development Impact Fee Ordinance authorizing the imposition of new county-related development impact fees. Mr. Nary, do you have any additional comments you would like to make for anybody that may be tuning in for the first time? Nary: No, sir. Just a second reading for tonight. Meridian City Council June 23,2026 Page 19 of 21 Simison: Okay. So, is there anybody who signed up to provide testimony on this item? Johnson: Mr. Mayor, there is not. Simison: Is there anybody present that would like to provide additional testimony on this item? Seeing no one coming forward for additional testimony, Council, would you like to continue this one out for a third public hearing? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Like to move that we continue this to our third hearing on July 7th, 2026. Little Roberts: Second. Simison: Have a motion and second to continue this public hearing until July 3rd -- 7th, which one did I hear? 7th. Okay. I know July 3rd I'm in a different state, so -- July 7th. Is there discussion? If not all in favor signify by saying aye. Opposed nay? The ayes have and the public hearings continued. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 7. Second Reading of Ordinance No. 26-2126: An Ordinance Adding a New Title 12 Called "Countywide Development Impact Fees" to the Meridian City Code and Adding Thereto a New Chapter 1 Called "Ada County Jail Development Impact Fees" That Provides for Short Chapter Title; Authority, Findings, Applicability, and Purpose; Definitions; Capital Improvements Plan; Periodic Review of the Capital Improvements Plan; Intergovernmental Agreement with Ada County; Imposition of County Impact Fees and Payment; Enforcement and Collection; County Impact Fee Administrator and City Powers to Require Payment of County Impact Fees; County Impact Fee(s) Exemptions; Process for Individual Assessment; Extraordinary Impacts; Developer Credits and Reimbursements; County Impact Fee Payment Mistake or Misrepresentation; Fee Payer Refunds; County Impact Fee Capital Projects Trust Fund, Expenditures, Budget, Audit, and Surcharge; Appeals and Mediation; Miscellaneous Provisions; Punishment for Violations; Construction of Ordinance Intent; and Providing an Effective Date Simison: With that we will move on to Item 7, which is the second reading of Ordinance No. 26-2126. Ask the clerk to read this ordinance by title. Meridian City Council June 23,2026 Page 20 of 21 Johnson: Thank you, Mr. Mayor. Second Reading of Ordinance No. 26-2126: An Ordinance Adding a New Title 12 Called "Countywide Development Impact Fees" to the Meridian City Code and Adding Thereto a New Chapter 1 Called "Ada County Jail Development Impact Fees" That Provides for Short Chapter Title; Authority, Findings, Applicability, and Purpose; Definitions; Capital Improvements Plan; Periodic Review of the Capital Improvements Plan; Intergovernmental Agreement with Ada County; Imposition of County Impact Fees and Payment; Enforcement and Collection; County Impact Fee Administrator and City Powers to Require Payment of County Impact Fees; County Impact Fee(s) Exemptions; Process for Individual Assessment; Extraordinary Impacts; Developer Credits and Reimbursements; County Impact Fee Payment Mistake or Misrepresentation; Fee Payer Refunds; County Impact Fee Capital Projects Trust Fund, Expenditures, Budget, Audit, and Surcharge; Appeals and Mediation; Miscellaneous Provisions; Punishment for Violations; Construction of Ordinance Intent; and Providing an Effective Date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Okay. We will have the third reading on that same date on the 7th. 8. Second Reading of Ordinance No. 26-2127: An Ordinance Amending the Meridian City Code by the Addition Thereto of a New Chapter 2 to Title 12 Called "Ada County Emergency Medical Services District Development Impact Fees" Providing for Short Chapter Title; Authority, Findings, Applicability, and Purpose; Definitions; Capital Improvements Plan; Periodic Review of the Capital Improvements Plan; Intergovernmental Agreement with EMS District; Imposition of EMS Impact Fees and Payment; Enforcement and Collection; EMS District Impact Fee Administrator and City Powers to Require Payment of EMS Impact Fees; EMS Impact Fee(s) Exemptions; Process for Individual Assessment; Extraordinary Impacts; Developer Credits and Reimbursements; EMS Impact Fee Payment Mistake or Misrepresentation; Fee Payer Refunds; EMS Impact Fee Capital Projects Trust Fund, Expenditures, Budget, Audit, and Surcharge; Appeals and Mediation; Miscellaneous Provisions; Punishment for Violations; Construction of Ordinance Intent; and Providing an Effective Date. Simison: So, with that we will move on to Item 8, for a second reading for Ordinance 26-2117. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an Ordinance Amending the Meridian City Code by the Addition Thereto of a New Chapter 2 to Title 12 Called "Ada County Emergency Medical Services District Development Impact Fees" Providing for Short Chapter Title; Authority, Findings, Applicability, and Purpose; Definitions; Capital Improvements Plan; Periodic Review of the Capital Improvements Plan; Intergovernmental Agreement with EMS District; Imposition of EMS Impact Fees and Payment; Enforcement and Meridian City Council June 23,2026 Page 21 of 21 Collection; EMS District Impact Fee Administrator and City Powers to Require Payment of EMS Impact Fees; EMS Impact Fee(s) Exemptions; Process for Individual Assessment; Extraordinary Impacts; Developer Credits and Reimbursements; EMS Impact Fee Payment Mistake or Misrepresentation; Fee Payer Refunds; EMS Impact Fee Capital Projects Trust Fund, Expenditures, Budget, Audit, and Surcharge; Appeals and Mediation; Miscellaneous Provisions; Punishment for Violations; Construction of Ordinance Intent; and Providing an Effective Date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anyone who would like it read in it entirety? Seeing none, we will have item -- the third reading on July 7th. FUTURE MEETING TOPICS Simison: So with that, Council, anything on the future main topics or a motion to adjourn? Overton: Mr. Mayor, I move that we adjourn. Little Roberts: Second. Simison: Have a 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 7.05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 7-7-2026 ATTEST: CHRIS JOHNSON - CITY CLERK 7-7-2026 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Owyhee High School Softball State Champions Day E IDIAN The Office of the Mayor PR0CALAJI A70"10N Whereas , being an Owyhee High School Softball player is more than making pitching, fielding, hitting, and achieving state titles . It is training to build leadership , character, confidence , teamwork and resilience — all traits needed to succeed on the field, in the classroom and in the real world; and, Whereas , the Storm were the team to beat in the 2026 season with a 31 . 3 overall record and a 6- 1 State Tournament record to advance to the 6A state championship game ; and, Whereas, after an early tournament loss , Owyhee fought back through the elimination bracket to claim the trophy; and, Whereas, Owyhee won five straight elimination games , including a 12- 5 victory in the title match to provide a second straight title and third in four years for the team; and, Whereas, the leadership , training and discipline of their coaches John Carpenter, Jamie Malcolm, Cal Fazzio , Katie Edwards , and Dani McGrath helped team members Hailey Brennan, Rylee Branch, Avery Hessing, Bardyn Herrera, Grace Groulx, Breann Berg, Hailey Bock, Bristol Reeves , Kenadi Garrett, Saylor Shoemaker, Avery Ostrander, Gianna Hernandez, Aniston Kelly, Madalynn Mahaffey, Emmalee Morrow, Kayden Steinmetz , Grace Garrett, Manager Addi Miller and Bat Girl Audrey McGrath to focus their talents and passion to become a winning team, with each player making valuable contributions to their victory. Therefore, I, Mayor Robert E . Simison, hereby proclaim June 23d, 2026 as Owyhee High SchooCSoftbaCC 00 State Cham_ tons Day in the City of Meridian and call upon the community to join me in congratulating the Storm on their remarkable athletic achievement and for repre e tin ridi n so prou ly in the state tournament. Dated this 23''d day of June, 2026 /��RobNert E . Si son, Mayor John Overt ir, ity Council President Anne Little Roberts , City Council Vice-President Brian Whitlock, City Council Liz Strader, City Council Doug Taylor, City Council Luke Cavener, City Council ,l a f � �. AV am, le *... _ Or 00 SOMAL SOF MAIL P `�... I quo 11 1� - AN . IrAAA 1 .\ _ .caww + - _ ope // � � ♦ k do OAF /f . . , l ! - Aw g _ pm mmm AA . *" W - - Alp Ioup IV " A"Al Ilk mill Ono NOW IAA Ic ANAL �4 ANSI ,rrwrw!M ' V. I�rY.m •a rr .r•�,,. r r.: jY ,�yr.a.a.•r,.www.�.r.^�'b�. rirc.wJY�s'.. es.l_M�.�+.'+".��+a-a Yr�•'.am_'^,•- .► w . wi'r ..4..!...r' INN- . V;V. .. � � ` s � � �.•{Yy-y fAll, 1. . 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' t ; \1� \► !1/M`• mow. �+ � r . wr. .1. • 4 iii .w . ...wr.+ � ! `n. - 'II /Jrr,� l � I ' • ..� ' � ww+ .+rr+' r ,.....r., r . { �y rj f .,:�rw. r" +y:N J / / I rf w �` � ' : .s.r�'w ' T ! { `i ' rs.,s : . r. ....r. .r� rr'� +r. a , r . r ►..r�►r.. . ..+ - immome . +►+ .r..- .,p.-r . i }� • { ,,,s,r,....w ;. r,,,�. r+. • •� . � a \i��w��+\ F r - ,�.,� �.. ..r. ,.- 1 F M 1 ,�., . ° j • ..... 1 f 1 i 1 1 { ts[ f a \ • 4,4, {/ �/ / �j .. �. . � �.. s. r + • •..,..-.f•s�... .w�r. . .h• 1 m'w..,� r y7 1 } `- i \ !, * IL {+. R _ • ` ; 1 ., . w ,.-, •� ...+. .«�....... .� . ' , \ �'"�.".. ..wr- r .w . ar ...�- ! `. I s { I a i I 1 : i ! . . . ` s+".' w�t$"` " . . � ,. ....r..�..._. . n � � .a+.. "'ti.'"r. �1 \. A �'. i� E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: June 23, 2026 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Program Year 2026 Community Development Block Grant Action Plan F lG 00 V 0) Ul .p W N O 46- CD ..t N O w QrQ N � O � N G1 3 O (D m v T (ND c_ ° z N (D N C1 n O 3 -v cr A c r+' T C. m QrQ C (D �• N crQ N V y O M N m m r+ m O AT Y A� A O p Ln c v rt v v X r+ _� A rt (D O 0 -0 (D � 1*1 x •� (D o m c � Z N City of Meridian PY26 CDBG Action Plan Summary Overview The City of Meridian, an Entitlement Community, receives annual funding from the U.S. Department of Housing and Urban Development(HUD)through the Community Development Block Grant (CDBG) Program.These funds support local efforts to strengthen housing stability, preserve affordable housing, improve neighborhoods, and expand access to services for low-and moderate-income (LMI) residents. The PY26 Action Plan covers the program year from October 1, 2026, through September 30, 2027. It is part of the City's 2022-2026 Consolidated Plan, which identifies community priorities based on public input and local needs. Community Priorities The City's CDBG program focuses on three priority areas: • Decent Housing: Preserve and improve affordable housing, prevent homelessness, and support vulnerable households • Suitable Living Environment: Improve neighborhood safety, accessibility, and connectivity • Economic Opportunity: Support stability and self-sufficiency through housing and community services Citizen Participation and Consultation The City encourages public participation in the development of the Consolidated Plan, Action Plan, substantial amendments, and CAPER. Outreach efforts are designed to engage a broad range of stakeholders, including low-and moderate-income residents, neighborhood populations, minority communities, persons with disabilities, public housing residents, and local service providers and organizations. Public input is collected through meetings and other engagement methods held in accessible locations. This feedback is used to inform community needs, priorities, and program planning for the Consolidated Plan and annual Action Plans. Summary of Public Comments All public comments and survey feedback received during the public participation process are documented and considered in the development of Consolidated Plan priorities.This input helps ensure that funding decisions and program activities reflect identified community needs. Priority Needs and Goals The City of Meridian's 2022-2026 Consolidated Plan identifies three priority needs: • Decent Housing: Preserve and expand affordable housing, support vulnerable populations, and reduce homelessness • Suitable Living Environment: Improve neighborhood safety, accessibility, and livability in low- and moderate-income areas • Economic Opportunity: Expand access to opportunities that support housing stability and self- sufficiency To address these needs,the City supports the following goals: • Housing: Preserve and improve affordable housing through rehabilitation and related activities • Public Services: Support housing stability through services such as rental assistance and childcare support • Public Infrastructure: Improve neighborhood connectivity and accessibility, including sidewalks and pedestrian improvements • Program Administration & Fair Housing: Ensure compliant program administration and support fair housing activities PY26 Funding Overview The City will allocate a total of$555,314 in CDBG funds for PY26 toward the following categories: • Housing Stability Services • Housing Assistance and Preservation (including homeowner repairs and critical repairs) • Neighborhood Infrastructure Improvements • Program Administration and Fair Housing Activities All project funding, excluding administration and fair housing, is directed toward activities that benefit low-and moderate-income residents or LMI areas. Recommended Projects for Funding Housing Stability Services Total Funding Available: $83,297 • Emergency Rental Assistance (Jesse Tree)—$41,649 Provides rental assistance and support services to households at immediate risk of homelessness. • Youth Scholarship Program (Boys &Girls Club)—$41,648 Provides childcare scholarships for low-and moderate-income families to support housing stability and employment. Housing Assistance & Preservation Total Funding Available: $212,509 • Homeowner Repair Program (NeighborWorks Boise)—$187,509 Provides critical home repairs including safety, accessibility, weatherization, and energy efficiency improvements. • Critical Home Repair Program (Habitat for Humanity)—$25,000 Provides essential home repairs for low-income homeowners, with priority for seniors,veterans, and individuals with disabilities. 2 1 P a g e • Affordable Housing Opportunities (Alternate Activity)—$0 Funds may be reallocated if eligible affordable housing opportunities arise, including acquisition, rehabilitation, preservation, or other eligible housing activities. Neighborhood Infrastructure Improvements Total Funding Available: $212,508 NW 7th Walkability Project Multi-year pedestrian infrastructure improvements in low-and moderate-income areas, including completion of remaining phases along NW 7th Street. Program Administration & Fair Housing Total Funding Available: $47,000 • Program Administration (City of Meridian)—$41,000 Supports CDBG program management, compliance, monitoring, reporting, and administration. • Fair Housing Activities (City of Meridian)—$6,000 Supports fair housing education, outreach, and activities to affirmatively further fair housing. Conclusion The City of Meridian's PY26 Action Plan focuses on strengthening housing stability, improving neighborhoods, and supporting residents with the greatest need.These investments help ensure safe, stable, and accessible communities for all residents. 3 1 P a g e Meridian CDBG Program Public Hearing Purpose:PY26 Action Plan CDBG established by HUD.Funding is limited to eligible activities Action Plan (Annual)How this year's funding is proposed to be invested Consolidated Plan (5 years)Community priorities and goals Community Development Block Grant (CDBG)income residents.-and moderate-for lowFederal funding from HUD that supports housing stability Overview Year 5 Action Plan Administration Fair HousingProgram Oversight Public Improvements NW 7th Walkability Housing Critical Home Repairs (Habitat for Humanity)Homeowner Repair Program (NeighborWorks Boise)Services Childcare Scholarships (Boys & Girls Club)Rental Assistance (Jesse Tree)Proposed Investments Funding: $555,314 Community to encourage broad community participation.Feedback was accepted through multiple formats Letters to Nearby Residents•Social Media•Website•2 Public Hearings•Virtual Open Houses•Online Survey•Public Comment Period•Public Comment•Funding Applications•Community Partner Engagement•Council Presentation••Plan Development Engagement Rental assistance during emergencies Community Priorities term housing solutions-Long•Accessibility•Transportation•Affordable housing•HeardWhat We Strong Support Sidewalk improvements for neighborhood safetyHome repairs for seniors and people with disabilitiesChildcare for working families Key public education.Consolidated Plan process and through ongoing These topics will be addressed during the upcoming Opportunities for community involvement•Program oversight and accountability•Elig ible uses of CDBG funding•How funding decisions are made•Eligibility for assistance•Areas for Future Discussion Discussion 25 Responses 4.23.8 support for the proposed investments.Overall, respondents indicated strong General Action Plan 3.5Projects will Have a Lasting ImpactProjects Meet Current Needs3.83.83.9Safety and AccessibilityBetter Walkways to Improve Housing StabilityHome Repair Programs to Improve Childcare Scholarships to Housing StabilityEmergency Rental Assistance for Importance of Specific Projects Average Rating (1 = Low, 5 = High)ResultsSurvey June 23, 2026 Next Consolidated Plan begins this summer.year -Planning for the next five July 31July 14June 29 Submitted to HUDConsent AgendaFinal Report and Resolution on Public Comment Period Closes Steps Questions or 0575-(208) 489ccampbell@meridiancity.orgCrystal Campbell comments? C� E IDIAN Planning and Zoning Department Presentation and Outline Changes to Agenda: None Item # 3: Apex Zenith (H-2026-0014) Application(s):  Development Agreement Modification Size of property, existing zoning, and location: This site consists of 149.41 acres of land, zoned C-G and R-15, generally located at the southeast corner of Meridian Road and Lake Hazel Road. History: Apex Zenith was annexed and rezoned in 2024, followed by a preliminary plat on the north portion in 2025 and a final plat in 2026. Phase two (2) of the development has not been submitted yet; however, the applicant has indicated that they intend to submit a preliminary plat for the rest of the development. As part of the annexation and rezone process, the applicant entered into a Development Agreement that included requirements for landscaping to be installed along all roadway improvements except for a portion along Meridian Road that City Council granted deferment on. The applicant is now requesting the landscaping along the southern portion of the site be deferred to the future preliminary plat for phase two (2) of the development. Comprehensive Plan FLUM Designation: Mixed Use Regional and Medium High Density Residential Summary of Request: Amend the existing development agreement (Inst. #2025-010344) for the purpose of modifying the phasing of the road frontage landscape improvements. The applicant is requesting to modify development agreement provision i.2 and the associated exhibit to allow for the landscaping improvements along the southern ¼ mile of Optima Avenue, Meridian Road, and a portion Aristocrat Drive to be deferred to their future submittal of a preliminary plat for phase two (2) of the Apex Zenith Development. The applicant’s narrative states the main reason behind this request is to avoid installing and potentially damaging or removing the landscaping with future construction of phase two (2). In addition, these landscaping improvements are tied to the first certificate of occupancy (Costco) within the Apex Zenith development. The reason these landscape buffers were required with phase one (1) of the development was due to the applicant constructing roads outside of the subdivision process which did not provide a mechanism for staff to allow for the phasing of these improvements. The applicant requested the southern ¼ mile along Meridian Road be deferred due to the outparcel being present. Ultimately, City Council approved the applicants request to defer the southern ¼ mile along Meridian Road. The applicant has recently submitted for phase two (2) of the Apex Zenith development which includes a new preliminary plat. Staff does not support the applicants’ request as presented in their narrative. However, staff does support the request provided that a performance surety is posted for the deferred landscaping improvements. This requirement ensures the City has a mechanism to require completion of the improvements in the future, regardless of the timing of subsequent preliminary or final plat(s). Staff notes that the improvements being deferred are landscaping only and pedestrian connections will still be installed with the associated roadways. Staff Recommendation: Approval Written Testimony: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2026-0014, as presented in the staff rd report for the hearing date of June 23, 2026: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2026-0014, as presented during the rd hearing on June 23, 2026, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2025-0052 and ZOA-2025-0002 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #4: Pollard West (H-2026-0015) Application(s):  Development Agreement Modification Size of property, existing zoning, and location: This site consists of 23.3 acres of land, zoned C-G, located on the north side of W. Chinden Blvd. at the SWC of N. Levi Ave. & Chinden. History: In 2019, this property received annexation & preliminary plat approval as part of the larger 77-acre Pollard Subdivision. A DA was required as a provision of annexation that governs future development of the property – a conceptual development plan was approved at that time for the overall development. A final plat was later approved & recorded, which included the subject property. Comprehensive Plan FLUM Designation: Mixed Use – Interchange (17.7 acres) & Medium Density Residential (5.6 acres) along the northern boundary. Summary of Request: The Applicant proposes a modification to the existing DA for a new agreement for the subject property (i.e. Lots 1-7, Block 2, Pollard Subdivision No. 1) to update the conceptual development plan for the portion of the property south of Waverton, west of Levi and north of Chinden. An earlier amendment in 2024, removed the portion along the north side of Waverton from the agreement. The existing DA will remain in effect for the portion of the development east of N. Levi Ave. The existing approved conceptual development plan is as shown, which depicts a medical campus consisting of a 95K s.f. medical office building, including a surgical center, free-standing emergency department and a 50-bed hospital. A multi-tenant building was anticipated at the hard corner of Levi/Chinden. Three (3) of the lots have already received CZC approval for the following uses: an 80,600 s.f. medical office building on Lot 3, an electrical wholesale supply company on Lot 2, and a credit union on Lot 1 and are in the development process. A CUP for a daycare center has been submitted for Lot 4; approval of that application is contingent upon the subject modification being approved. The purpose of the modification is to update the conceptual development plan to accurately reflect current development activity and to allow for independent progression of the identified lots. The site layouts with access, parking, pedestrian pathways and public/quasi- public gathering areas/plazas that have already been approved are depicted on the proposed conceptual development plan as shown. Lot 6 is still anticipated to develop with a hospital; Lot 5 is anticipated to have two (2) commercial buildings. Because this property is located in the Mixed Use – Interchange (MU-I) designation, specific development provisions are required as noted in the existing DA that pertain to common usable open space in commercial areas such as plazas or green space; supportive and proportional public/quasi-public spaces and places; and safe pedestrian access and connectivity within developments as set forth in the Comprehensive Plan. The existing entitled uses were held to these standards and Staff recommends the remaining lots are also held to these standards. Therefore, Staff recommends these provisions are carried over to the new DA as noted below in Section IV of the staff report and as shown. Staff Recommendation: Approval Written Testimony: Denise LaFever, Irene Hoffmann & David Hoffman; and a response to the staff report was received from the Applicant in agreement with the recommended DA provisions, all included in the public record. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2026-0015, as presented in the staff report for the hearing date of June 23, 2026: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2026-0015, as presented during the hearing on June 23, 2026, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2026-0015 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) ___________________________________________________________________________________________________________ Item #5: Midgrove Plaza (SHP-2026-0004) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 12.84 acres of land, zoned C-G & I-L, located at 1450 E. Franklin Rd. History: In 2007, a PBA was approved by the City, which created the legal parcel for the proposed subdivision. In 2020, a rezone of 1.96-acres from I-L to C-G & a preliminary plat was approved; a time extension for the preliminary plat was approved but the plat later expired. There is no development agreement in effect or required for this property. Comprehensive Plan FLUM Designation: Commercial (southern 6 acres) & General Industrial (northern 7 acres) Summary of Request: The Applicant requests approval of a short plat consisting of two (2) building lots on 12.84 acres of land in the C-G & I-L zoning districts. The proposed lots are anticipated to develop with (6) flex space buildings and a future pad site. Flex space is a principal permitted use in the both zoning districts, subject to the specific use standards in the UDC. Establishment of the use and the internal site design is not being reviewed or approved as part of the subject application, a subsequent CZC will be required to determine consistency with UDC standards. The Fivemile Creek crosses this site within a 90’ wide easement. A conservation easement also exists in the same area for protection of designated wetlands along the creek. The creek is required to remain open & be protected during development. A portion of this site along the creek is in the floodplain; a floodplain development permit is required prior to development. The Evans Drain runs along the northern boundary of this site within a 60’ wide easement as depicted on the proposed plat. Structures & improvements should not encroach within any of these easements. Two (2) accesses are proposed via N. Locust Grove Rd. – one (1) full access via an existing 40’ wide ingress/egress easement that aligns with Lanark St. to the east, which should be the primary access; and one (1) right-in/right out access midway between the existing access easement & Franklin Rd. There is an existing curb cut on Franklin Rd. that will remain for maintenance vehicle access only for the creek. Private street(s) may be required within the development for emergency wayfinding purposes. Cross-access/ingress- egress easements are required to be granted to the property to the west on the north & south sides of the creek, unless already existing. A minimum 25’ wide street buffer is required to be constructed on the site along N. Locust Grove Rd. & E. Franklin Rd. with the subdivision improvements. An attached sidewalk that’s in good condition exists along the frontage of this site adjacent to E. Franklin Rd. & N. Locust Grove Rd. and is not required to be replaced. A 10’ wide multi-use pathway is depicted on the Pathways Master Plan from the Franklin/Locust Grove intersection to the west to the creek & then northwest along the east side of the Fivemile Creek. Only an easement is required at this time for the pathway. Staff Recommendation: Approval Written Testimony: Anthony Swanson, Hillside Architecture (Applicant’s Representative) – in agreement w/staff report Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number SHP-2026-0004, as presented in the staff report for the hearing date of June 23, 2026: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number SHP-2026-0004, as presented during the hearing on June 23, 2026, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number SHP-2026-0004 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) h2 City Council Meeting, 2026 rd June 23 Zoning MapPlanned DevelopmentFLUM Existing: Install landscape buffers as shown in Exhibit F: Landscape Buffer improvements that will be released upon completion of the landscape buffers.Landscape Buffer Plan” or post a performance surety for the remaining Proposed: Install landscape buffers as shown in Exhibit C: “Updated of Law attached hereto as Exhibit “B.”Exhibit of the Staff Report attached to the Findings of Fact and Conclusions Zoning SiteSite FLUM Map/Aerial Zoning MapAerialFLUM E IDIAN*-- -)AHO AGENDA ITEM ITEM TOPIC: Public Hearing (Continued from June 9, 2026) for Apex Zenith (H-2026- 0014) by Brighton Corporation, located at southwest corner of Meridian Rd. and Lake Hazel Rd. A. Request: Modified Development Agreement to amend the existing development agreement (Inst. #2025-010344)for the purpose of modifying the phase 1 frontage landscape improvements. 00 V C1 Ul .p W N m N W N O N Q1 -v 0 (D -t QI -n N � (D _ Z 3 lD D VM cr o M A• �. m c rh �. D � Gq (D V'f Gq O cri N � O O 1-4 0 C) Ln v v x 0 - v v m x (�D cm m o v 3 c -0 W COMMUNITY DEVELOPMENT C�E IDIAN*-- DEPARTMENT REPORTO °AHO HEARING 6/23/2026 Legend =4 DATE: Project Location m "; Area of Impact TO: Mayor&City Council W City Limits ? = I FROM: Nick Napoli,Associate Planner O Analysis - = - - 1.' . .i 208-884-5533 ; -- ' R nnapoli@meridiancity.org APPLICANT: Amanda McNutt ... ..... SUBJECT: H-2026-0014 t Apex Zenith �, s LOCATION: Located at the southeast corner of Meridian Road and Lake Hazel Road in a portion of Lot 4 of Section 6, T.2N., R.1 E. I. PROJECT OVERVIEW A. Summary Amend the existing development agreement(Inst. #2025-010344)for the purpose of modifying the phase 1 road frontage landscape improvements. B. Recommendation Planning Division: Approval with amended development agreement C. Decision City Council: Pending D. Table of Contents Community Metrics.............................................................................. II StaffAnalysis..................................................................................... III City/Agency Comments and Conditions...................................................... IV Action.............................................................................................. V Exhibits............................................................................................ VI City of Meridian I Department Report I. Project Overview I1. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Vacant - Existing Zoning C-G(General Retail and Service Commercial District) VLA.1 Proposed Zoning C-G(General Retail and Service Commercial District) Adopted FLUM Designation Mixed Use Regional VI.A.2 Table 2: Process Facts Description Details Preapplication Meeting date 3/24/2026 Neighborhood Meeting 3/18/2026 Site Posting Date 06/11/2026 Note: See section IV. City/Agency Comments&Conditions for comments received or see the public record. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History Apex Zenith was annexed and rezoned in 2024, followed by a preliminary plat on the north portion in 2025 and a final plat in 2026. Phase two(2)of the development has not been submitted yet; however,the applicant has indicated that they intend to submit a preliminary plat for the rest of the development. As part of the annexation and rezone process,the applicant entered into a Development Agreement that included requirements for landscaping to be installed along all roadway improvements except for a portion along Meridian Road that City Council granted deferment on. The applicant is now requesting the landscaping along the southern portion of the site be deferred to the future preliminary plat for phase two(2) of the development. B. General Overview The applicant is requesting to modify development agreement provision i.2 and the associated exhibit to allow for the landscaping improvements along the southern'/4 mile of Optima Avenue, Meridian Road, and a portion Aristocrat Drive to be deferred to their future submittal of a preliminary plat for phase two(2) of the Apex Zenith Development. The applicant's narrative states the main reason behind this request is to avoid installing and potentially damaging or removing the landscaping with future construction of phase two (2). In addition,these landscaping improvements are tied to the first certificate of occupancy(Costco)within the Apex Zenith development. The reason these landscape buffers were required with phase one(1) of the development was due to the applicant constructing roads outside of the subdivision process which did not provide a mechanism for staff to allow for the phasing of these improvements. The applicant requested the southern'/4 mile along Meridian Road be deferred due to the outparcel being present. Ultimately, City Council approved the applicants request to defer the southern'/4 mile along Meridian Road. The applicant has indicated that they will be submitting for phase two(2)of the Apex Zenith development in the near future which will require a new preliminary plat to be submitted. However, staff has not received an application including the new plat at this time. Staff does not support the applicants' request as presented in their narrative. However, staff does support the request provided that a performance surety is posted for the deferred landscaping improvements. This requirement ensures the City has a mechanism to require completion of the improvements in the future,regardless of the timing of subsequent preliminary or final plat(s). Staff notes that the improvements being deferred are landscaping only and pedestrian connections will still be installed with the associated roadways. C. Development Agreement Modifications Existing: Install landscape buffers as shown in Exhibit F: Landscape Buffer Exhibit of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B." Proposed: Install landscape buffers as shown in exhibit D: Updated Landscape Buffer Plan and post a performance surety for the remaining improvements that will be released upon completion of the remaining landscape buffers. City of Meridian I Department Report III. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1.1 The amended Development Agreement shall be signed by the property owner(s) and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The addendum shall incorporate the following: a. Modify Provision i.2: Install the landscape buffers as depicted in Exhibit C,titled "Updated Landscape Buffer Plan," and provide a performance surety for the remaining improvements prior to the issuance of the first Certificate of Occupancy within the development. V. ACTION A. Staff: Staff recommends approval of the requested Development Agreement Modification per the conditions of approval included in Section IV. B. City Council: VI. EXHIBITS A. Project Area Maps 1. Zoning Map Legend I ,1 AUEME C Project Location Area of Impact R-.B R-2 OAnalysis Rr-153 M RUT C-G C-2 1 -- RR R-4 Ci1a- City of Meridian Department Report IV. City/Agency Comments &Conditions 2. Future Land Use Legend NIU 'C Project Location m ®® Area of Impact OAnalysis Density -- Residential / F ;r f-I MU-RG Med-High Density Residential Low Density k , fResidential 3. Planned Development Map Legend - Project Location -F= City Limits Planned Parcels Area of Impact O Analysis T - _i1, 1 _- I Illlllll 1 1 I I 1 I I I I City of Meridian Department Report VI. Exhibits B. Original Landscape Phasing Plan(date: 2/19/2025) City of Meridian Department Report VI. Exhibits C. Updated Landscape Buffer Plan (date: 3/31/2026) Landsc�ape = Lake Hazel Rd associated with Retail Apex Zenith �,� Apex Zenith Anchor and Subdivision Development Apex Zenith Agreement Subdivision Boundary 4 JILWID Retail Anchor C Z m C Improvements O c "Future proposed to be COD Lm om cil—tom required Wkrh - Subdivision Future 0 Momentum City of Meridian I Department Report VI. Exhibits Development Application Transmittal Link to Project Application: Apex Zenith MDA H-2026-0014 Hearing Date: June 9, 2026 Assigned Planner: Nick Napoli To view the City of Meridian Public Records Repository, Click Here The above "Link to Project Application" will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to comment(a)meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk's Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.44331 Email: cityclerk meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. C i E IDIAN.;--- Agenda Item Applicant Presentation APEX ZENITH Modified Development Agreement Meridian City Council June 23 , 2026 ��� 1 ME EIO": � � T +!1 r AI MEMO I �� _ ^ mayy rry 'r: '1 , • d 4 � � r 9. Or Lake Hazel Road ....................................... . .... Original Agreement.................... ........... ... .-—�� :..._i..... .... ..................................... _ r - I ego Buffer to be completed with ­ulL-VAN WR:EI '- roadway construction I Q - Buffer between curb and sidewalk to 11 - be completed with roadway, full It buffer completed with Costco I , ft ............................. - Spire St. Buffer with future final plat 1 1 I I I ; , II � ��AAIS,OCR4T�RIVF lyl 111 ........... Aristocrat Dr. SAL' of - -- . _ _ Roadways � a O ROADWAY STATUS I II `lR�a£PRNaTE sT�R - III Complete f II © Prepping for asphalt: Estimated © com letion Jul 8th p Y I © Under construction : Estimated II completion Mid-October l � ; I axamwaT Dann -------- i Mtiq h - - - -a-= Proposed Agreement v i 4 e 0 ANI LANDSCAPING COM • PLAN ti �■ - -ram J � _��. '� To becompleted/bondedwith • - i 7 r r 6Zenith FinalPlat 2 r ;ff To be completed/bonded prior to lilt_ • • CO Ce Phase 1 0 Phase 2 r r 1 II 5 ©m 3 5 Phase 6 Phase 4 Phase 5 . i y �r 4901, BRIGHTON Conclusion We concur with staffs recommendation of approval , and request to modify the staff report to include the agreed upon surety phasing . Discussion E IDIAN*-- -)AHO AGENDA ITEM ITEM TOPIC: Public Hearing for Pollard West (H-2026-0015) by Brighton Development, generally located on the north side of W. Chinden Blvd., the west side of N. Levi Ave. and on the southside of W. Waverton Rd. A. Request: Modified Development Agreement Modification to the existing Development Agreement(H-2019-0021 Inst.#060655)for a new agreement for Lots 1-7, Block 2, Pollard Subdivision No. 1 to update the conceptual development plan for the site. 00 V 0) Ul O N (D z 5 3 0 M c m oo CL OrQ (D On m m Ul %moo C7 00 (D cu a) X rD 7r ET rD V, x aq =3 (D Et ;T aq =3 CD , 4��k STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT .►A H O HEARING June 23,2026 " DATE: y a TO: Mayor& City Council FROM: Sonya Allen,Associate Planner WUNSCHO°"" P � 208-884-5533 SUBJECT: H-2026-0015 :. Site Pollard West +�= APPLICANT: Brighton Development, Inc. r- ;1 L 1_ t 1 LOCATION: Generally located on the north side of W. .= - Chinden Blvd.,the west side of N. Levi „ Ave. and the south side of W. Waverton Rd., in the southwest 1/4 of Section 21, TAN.,R.1W. ...`'...- I. PROJECT OVERVIEW A. Summary Modification to the existing Development Agreement(Inst. #2019-060655)for a new agreement for Lots 1-7,Block 2,Pollard Subdivision No. 1 to update the conceptual development plan for the site. B. Recommendation Planning Division: Approval C. Decision City Council: Pending D. Table of contents Community Metrics.............................................................................. 11 StaffAnalysis..................................................................................... III City/Agency Comments and Conditions...................................................... IV Action.............................................................................................. V Exhibits............................................................................................ VI Page 1 II. COMMUNITY METRICS Table 1: Land Use Description Details Acreage 23.30 Future Land Use Designation Mixed-use Interchange(MU-I)(17.7 acres)with Medium Density Residential(MDR)along the north boundary(5.6 acres) Current Zoning C-G(General Retail and Service Commercial) Existing/Proposed Land Use(s) Commercial—in development process History(previous approvals) H-2019-0021 Pollard Subdivision Table 2: Process Facts Description Details Preapplication Meeting date 2/24/2026(PREAPP-2026-0039) Neighborhood Meeting 3/19/2026 Note: See section IV. City/Agency Comments&Conditions for comments received or see the public record. 111. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History Pollard Subdivision was annexed and received preliminary plat approval in 2019,followed by final plat approval in 2022 and recordation in 2023. The annexation area encompassed 77.33 acres of land located on the east and west sides of N. Levi Ave., along the north side of W. Chinden Blvd.,midway between N. McDermott Rd. and N. Black Cat Rd., as shown on the vicinity map below. L As part of the annexation process,the applicant entered into a Development Agreement(DA) (recorded as Inst. #2019-060655)that includes provisions governing future development of the property. Among other provisions,future development is required to be generally consistent with the conceptual site plan approved with the annexation. In 2024, a modification to the DA was approved that removed the single-family residential portion of the development along the north side of W. Waverton Dr. from the agreement(H- 2024-0037 Pollard North). Page 2 B. General Overview The Applicant requests approval of a modification to the existing Development Agreement(Inst. #2019-060655) for a new agreement for Lots 1-7,Block 2,Pollard Subdivision No. 1 to update the conceptual development plan for the site. The existing DA will remain in effect for the portion of the development east of N. Levi Ave. The existing approved conceptual development plan is shown below(the area outlined in red is the subject site). This portion of the development was entitled to develop with a medical campus consisting of a 95K square foot(s.f.)medical office building, including a surgical center, free-standing emergency department and a 50-bed hospital. ..+JI II j 7 o u - � MR Three(3)of the lots have already received Certificate of Zoning Compliance approval for the following uses: an 80,600 square foot medical office building on Lot 3,Block 2 (A-2026-0016), an electrical wholesale supply company on Lot 2,Block 2 (A-2025-151), and a credit union on Lot 1,Block 2 (A-2024-0150) and are in the development process. A conditional use permit for a daycare center has been submitted on Lot 4,Block 2 (H-2026-0030); approval of this application is contingent upon the subject modification being approved. 1352.12- W.Wawrton Dr, •! .f 7 .I CURVETAIOLE .! aavEg2.3&5ff Mm'?3' S89•Y325E 21.54'5'5Y SBTSt'�5'E 310.13'C31as.ea' az,o1'W S7M7'5G'E tMAN — © gE Z ® Q Swat z :I :I :I N69'D'tTW O 92.3T � ] su 81+74.t0 teo.oa eta Sae+ POIW OF BEGINNING NRT13'39'W 900sg' Page 3 f _ .NOT A PART 1 I 'ate �a +s, ,. l � hQ07&0016 NQT A PART - _ --- CA Insuumenj dQ0I N-060655 —I I A 202t-p15G � . F rt The purpose of the modification is to update the conceptual development plan to accurately reflect current development activity and to allow for independent progression of the identified lots. The site layouts with access,parking,pedestrian pathways and public/quasi-public gathering areas/plazas that have already been approved are depicted on the proposed conceptual development plan,included above and below in Section VI.B. Lot 6 is still anticipated to develop with a hospital; Lot 5 is anticipated to have two(2) commercial buildings. Because this property is located in the Mixed Use—Interchange(MU-1) designation, specific development provisions are required as noted in the existing DA that pertain to common usable open space in commercial areas such as plazas or green space; supportive and proportional public/quasi-public spaces and places; and safe pedestrian access and connectivity within developments as set forth in the Comprehensive Plan. The existing entitled uses were held to these standards and Staff recommends the remaining lots are also held to these standards. Therefore, Staff recommends these provisions are carried over to the new DA as noted below in Section IV. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1.1 The new Development Agreement shall be signed by the property owner(s)and returned to the Planning Division within six(6)months of the City Council approval of the Findings and shall incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan included below in Section VI and the provisions contained herein. b. Future structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted concurrently with the Certificate of Zoning Compliance application and approved prior to submittal of building permit applications. Page 4 c. Commercial buildings within the development shall be arranged to create some form of common,usable area, such as a plaza or green space as set forth in the Comprehensive Plan for mixed use designated areas(see p. 3-18). d. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas,open space, libraries, and schools that comprise a minimum of 5%of the development area shall be provided within the mixed use portion of the development as set forth in the Comprehensive Plan(outdoor seating areas at restaurants do not count)(see p. 3-18). e. Buildings, landscaping, and other design features near the SH-1 6/SH-20/26 interchange need to reflect Meridian's heritage, quality, and character as one of the regional gateways to the City of Meridian in accord with the Comprehensive Plan (see p. 3-25). £ Internal pedestrian walkways shall be provided from perimeter sidewalks to the main building entrance in accord with the standards in UDC 11-3A-19B.4 and between uses along drive aisles for safe pedestrian access and connectivity as set forth in the Comprehensive Plan(see pp. 3-18 and 3-19). B. Public Works https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=443068&dbid=0&repo=MeridianC hty C. Department of Environmental Quality(DEQ) https:llweblink.meridiancioy.orkIWebLinkIDocView.aspx?id=444834&dbid=0&repo=MeridianC iv V. ACTION A. Staff: Staff recommends approval of the requested Development Agreement Modification per the provisions included above in Section IV. B. City Council: Pending Page 5 VI. EXHIBITS A. Legal Description and Exhibit Map for Property Subject to Modified Development Agreement I= ENCa1 N EE R ItrG March 17,2026 Pollard Subdivision No.1 Project No.21-240 [)eve lopment Agreement Modiflution-Legal Description Lots 1-7,Block 2 of Pollard Subdivision No.I{Hoak 127 of plats,pages 20407-20411,records of Ada County, Idaho),situated in a portion of the Southeast 1/4 ofthe Southwest 1/4 of Section 21,Townshlp 4 North,Bang@ 1 West,B.f,n.,City of Meridian,Ada County,Idaho,and being more particularly described as follows: Commencing at an aluminum cap marking the South 114 corner of Bald Section 21 which bears S89'27'17"E a distance of 2,609.39 feet from an aluminum cap marking the Southwest corner of said Section 21; The rite following the easterly line of the southeast 1/4 of the Southwest 1/4 of said Section 21,Np0`32'12"E a distance of 115.00 feet to a 5/8gnch rebar on the northerly right-of w4y line of W.Chinden Boulevard; The nce following sa Id northerly right-af-way line,N89'27'17"W a distance of 34.80 feet to a 1/24 nch reba r and being the POINT OF BEGINNING. The nce fol lowing said nort herly right-af-way line the fol lowing th ree(3)courses= 1. N89`27'17"W a distance of 277.35 feet to a 5/9-inch rebar, 2. N57'13'39"W a distance of 900.68 feet to an aluminum cap; 3. NW27'17"W a distance of 92.37 feet to a 5/8-inch rehar on the westerly line of said Southeast 1/4 of the Southwest 114; Thence leaving said northerly right-af-ray li ne and following said westerly Il ne,N00"34'56%a distance of 33.86feet to a 1/2-inch re bar on the easberiy right-of--way line of N.Pollard Lane; Thence leaving said westerly line and fo lkruing sa id easterly right-of-way line the following three(3)courses: 1. 191A1 feet along the arc of a curve to the left,said curve having a radius of 60.50 feetr a delta angle of 181'1634,a chord bearing of N11`23'CW E and a chard distance of 120.99 feet to a 1/2-inch rebar; 2. 34.14 feet along the arc of a reverse curve to the right,said curve having a radius of 24.50 feet,a delta angle of 79'9Y09",a chord bearing of N39'XYCTW and a chord distance of 31.44 feet to a 1/2-inch rebar, 3, N4p°34'56"E a distance oF598.56 feet to a 1/2-inch rebar on the southerly right-of--way line of W. Waverton Drive; Thence leaving said easterly right-of-way line and following said southerly right-of-way line the following three (3)courses; 1. N45'33'WE a distance of 19.79 feet to a brass plug; 2. SBT27'06"1:a distance of t 236.64 fleet to a 1/2-inch rebar; 3. S44"26'19"E a distance of 23.34 feet to a 1/2-inch rebar on the westerly right-of-way line of N.Levi Avenue; Thence leaving said southerly right-of-way line and!allowing said westerly right-of-way line,500"34'29"W a distance of 807,80 feet to the POIIwTOF BEGINNING. Said parcel contains 23.393 acres,more or less,more or less,and is subject to 9T all existing easements and/or rights-of-way of record or implied. +�,,11 w 12459 o V 5725 North Discovery Wwy-Bolse,Idaho B3713-206.639.M9+ kme1M96p.tom Page 6 r s99'27%"e 1236.6d 4 F W N 9op,6e ^ 277.35 n T1 712026 Scale: 1 inC = 170 feet Ile: Tract 1;23-3B26 Acre5,Cimure.rr00.00008 0.00 ft.i1r999M),PermolwA218 tl- -- -— 01 n&9.2717w277-a5 10 s44,2619e 23.34 02 W.133Sw946,98 11 500.3429w B47.8 03 nS9.2717w92,37 0.1 n00.3d5fie 33.86 05 Lk,r=60,50,dolt$2161.1634,drord3111.23046120.98 06 Rt,r-24.50,tl611b=07B,50t>9,Chord=n39200Bw 31.44 07 n00.3456e%BM 08 n45.3355e 19.79 Page 7 B. Proposed Conceptual Development Plan 49.r AM, d!� ..fir at5� �� — w_wAV[F 4 A 2026-001646 SAuw MLLARD - a SUMMON NO.3 ❑RIVE 415LE W y' e z �a a A-2025-0151 SHOWN FOR COHGEPT PENDING FUTURE APPROVAL -- 1 Ap A-20�4-0150 Figure 3.Updated Layout in Detail Page 8 Development Application Transmittal Link to Project Application: Pollard West MDA H-2026-0015 Hearing Date: June 23, 2026 Assigned Planner: Sonya Allen To view the City of Meridian Public Records Repository, Click Here The above "Link to Project Application" will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to comment(a)_meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk's Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.44331Email: cityclerk(cD_meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. C i E IDIAN.;--- Agenda Item Applicant Presentation Pollard West June 23, 2026Meridian City Council ModificationDevelopment Agreement Pollard Subdivision 3 DA Modification 4 Project Concept 5 User Elevations ESWN SEWN 6 User Elevations SEWN SWEN User Elevations SEWN SWEN St. Alphonsus Conclusion Development Agreement Modification.Pollard West of the request City Council’s approval We Recommendation of Approval.with the Staff and Commission concurWe 10 Discussion E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Midgrove Plaza (SHP-2026-0004) by Hillside Architecture, located at 1450 E. Franklin Rd. A. Request:Short Plat consisting of two (2) building lots on 12.84 acres of land in the C-G and 1-L zoning district. kD 00 V cn Ul w NJ I-A m C) -n z 3 C. O-Q 0 cr M A. 0 m -n C. N > S CL aq a-rQ co 77 r+:3 (D 0 -a (D 77 go x ua (D :3 —h co r+ O,q m 0 Ln COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 6/23/2026 DATE:TO: Mayor& City Council FROM: Sonya Allen,Associate Planner 208-884-5533 sallen@meridiancity.org APPLICANT: Anthony Swanson,Hillside n 1 Architecture 81107449996 r SUBJECT: SHP-2026-0004 Midgrove Plaza LOCATION: 1450 E. Franklin Road, in the SE 1/4 of Section 7, T.3N.,R.IE. VF4 I. PROJECT OVERVIEW A. Summary Short plat consisting of two(2)building lots on 12.84 acres of land in the C-G and I-L zoning districts for Midgrove Plaza Subdivision. B. Issues/Waivers None C. Recommendation Staff recommend approval of the proposed short plat per the provisions in Section IV in accord with the Findings in Section V. D. Decision Pending Ii. COMMUNITY METRICS Table 1• Land Use Description Details Map Ref. Existing Land Use(s) Vacant undeveloped land - Proposed Land Use Flex space - Existing Zoning C-G(General Retail& Service Commercial)and I-L Error! (Light Industrial) Reference source not found. Adopted FLUM Designation Commercial and General Industrial Error! Reference source not found. City of Meridian I Department Report 1. Project Overview III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History In 2007, a property boundary adjustment was approved by the City(ROS#8037),which created the legal parcel(i.e. Parcel B)for the proposed subdivision. In 2020, a rezone of 1.96-acres from I-L to C-G&preliminary plat was approved(H-2020-0029 Ord. #20-1885 Midgrove Plaza); a time extension for the preliminary plat was approved on 8/15/22 but expired on 7/7/24 because a subsequent time extension was not requested or approved. There is no development agreement in effect or required for this property. B. General Overview The southern six(6)acres of the site is designated Commercial and the northern seven(7) acres is designated General Industrial on the Future Land Use Map(FLUM) included in the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. The purpose of the Industrial designation is to allow a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units,light manufacturing, flex, and incidental retail and office uses. The proposed short plat will subdivide the existing 12.84-acre property into two(2)building lots for the development of six(6) flex space buildings and a future pad site. Table 2:Proiect Overview Description Details History ROS#3527(1996)&ROS#8037(property boundary adjustment approved by the City in 2007 -Basalite);AZ,CUP/PD(Arthur Berry& Doug Tamura)approved in 1996(expired).In 2020,a rezone of 1.96-acres from I-L to C-G&preliminary plat was approved(H-2020-0029 Ord.#20- 1885 Midgrove Plaza);a time extension for the preliminary plat was approved on 8/15/22 and expired on 7/7/24.There is no development agreement in effect or required for this property. Phasing Plan 1 Acreage 12.84 acres Lots 2 building lots C. Site Development and Use Analysis I. Existing Structures/Site Improvements (UDC 11-1): There are no existing structures on this property. An attached sidewalk exists along E. Franklin Rd. and N. Locust Grove Rd. along the frontage of this site. 2. Proposed Use Analysis (UDC 11-2): Flex space use is proposed,which is a principal permitted use in the C-G and I-L zoning districts, subject to the specific use standards listed in UDC 11-4-3-18: A. Office and/or retail showroom areas shall comprise a minimum of thirty(30)percent of the structure and/or tenant space in the C-C District, fifteen(15)percent in the C-G District,ten(10)percent in the M-E District, and twenty(20)percent in the I-L and I-H Districts. City of Meridian I Department Report III. Staff Analysis B. Light industry and warehousing shall not comprise more than seventy(70)percent of the tenant space in the C-C District, seventy-five(75)percent in the C-G and M-E Districts, and eighty(80)percent in the I-L and I-H Districts. C. In the C-C, C-G and M-E Districts,roll-up doors and loading docks shall not be visible from a public street. D. Retail use shall not exceed twenty-five(25)percent of leasable area in any tenant space. E. At a minimum,one(1)parking space shall be provided for every one thousand(1,000) square feet of gross floor area. A conceptual development plan is included below in Section VII.D that shows how the site is proposed to develop. The site plan(s)submitted with the future Certificate of Zoning Compliance(CZC) application(s)will be reviewed for compliance with these standards. The internal site design is not being reviewed as part of the subject application. 3. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Tables 11-213-3 for the C-G district and 11-2C-3 for the I-L district, as applicable. D. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19): Future development is required to comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards in the Architectural Standards Manual. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets A minimum 25' wide street buffers is required to be constructed on the site along N. Locust Grove Rd. and E. Franklin Rd. with the subdivision improvements and landscaped in accord with the standards listed in UDC 11-3B-7C. The buffer should be measured from back of sidewalk if the existing sidewalk is to remain and from the back of curb if the sidewalk is to be replaced. There is an existing Idaho Power easement along Franklin Rd.—if it doesn't allow trees/shrubs and encumbers the entire buffer,a minimum 5'wide area should be provided outside the easement to plant trees/shrubs. ii. Landscaping along pathways Landscaping is not required to be provided along the Fivemile creek pathway at this time as only an easement is required by the Park's Dept. iii. Storm integration Per UDC 11-313-11,the applicant shall meet the intent to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated,well designed stormwater filtration swales and other green stormwater facilities into required landscape areas,where topography and hydrologic features allow if part of the development. City of Meridian I Department Report III. Staff Analysis E. Transportation Analysis ACHD Planned Improvements 1. Capital Improvements Plan(CIP)1 Five Year Plan(FYP): • Fairview Avenue is scheduled in the FYP to be widened to 7-lanes with center medians and turn pockets where appropriate from Locust Grove Road to SH-55 in 2028. The project includes adding pedestrian and bike facilities on both sides of the roadway. • The intersection of Fairview Avenue and Locust Grove Road is scheduled in the FYP to be widened to 7-lanes on the north and south legs, 9-lanes on the east and west legs in 2028. The project also includes adding APS (accessible pedestrian signal) with LPI (leading pedestrian interval), pedestrian and bike facilities and intersection lighting. Note: The FYP and CIP planned improvements are not abutting the site. Level of Service Planning Thresholds 1. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Franklin Road 615-feet Principal Arterial 1,055 Better than"E" Locust Grove Road 1,173-feet Minor Arterial 1,114 Better than'E" •Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH). `Acceptable level of service for a five-lane minor arterial is"E"(1,540 VPH). Per the ACHD report,the proposed development meets all ACHD policies and level of service planning thresholds.A Traffic Impact Study(TIS) is not required. Transit is available to this site. 1. Access (Comp Plan 6.01.02C, UDC 11-3A-3, UDC I1-3H-4): Two (2) accesses are proposed via N. Locust Grove Rd.—one(1)full access via an existing 40' wide ingress/egress easement(Inst. #102152521)that aligns with Lanark St.to the east, as depicted on ROS#8037 and one(1)right-in/right out access midway between the existing access easement and Franklin Rd. Primary access should be provided via the access easement from Locust Grove. A copy of the recorded easement should be submitted that verifies this easement grants access to the property to the west if it does.Otherwise, a cross-access/ingress-egress easement should be depicted on the plat to the parcels to the west(i.e.Parcels S1107449990 & S1107449111) on both the north and south sides of the Fivemile Creek and between Lots 1 and 2,Block 1 for future interconnectivity. There is an existing curb cut on Franklin Rd.that will remain but will be limited to maintenance vehicles; no other access via Franklin Rd.is allowed. Private streets may be required for addressing purposes for the proposed structures for emergency wayfinding purposes; contact an addressing technician for more information. 2. Multiuse Pathways (UDC 11-3A-5): A 10' wide multi-use pathway is depicted on the Pathways Master Plan from the Franklin/Locust Grove intersection to the west and then northwest along the east side of the Fivemile Creek.A minimum 14'wide public pedestrian access easement is required for the future multi-use pathway along the east side of the creek; coordinate with Kim Warren,Park's Dept.The easement may overlay required utility easements along the creek,but must be recorded separately from the plat.Another 10' wide public pedestrian access easement should be provided behind the sidewalk along W.Franklin Rd. as far as the creek to allow for a future detached sidewalk connection to the City of Meridian I Department Report III. Staff Analysis proposed Fivemile Creek pathway.Because a new sidewalk isn't required to be constructed at this time along Franklin Rd.,widening of the sidewalk is not required at this time. 3. Sidewalks (UDC 11-3A-17): An attached sidewalk exists along the frontage of this site adjacent to E. Franklin Rd. and N. Locust Grove Rd. If the sidewalk is in good condition,it's not required to be replaced. If not, it should be replaced with a 10' wide detached sidewalk. 4. Subdivision Regulations (UDC 11-6): All driveway openings in curbs shall comply with the requirements of the transportation authority per UDC 11-6C-3C. F. Services Analysis 1. Waterways (UDC 11-3A-6) The Fivemile Creek crosses this site within a 90' wide easement,being 45' left and right of the centerline of the creek.A conservation easement(Inst.#108135169)exists on the southwest portion of this site for the protection of designated wetlands along the creek that aligns with the easement for the creek. This easement currently does not allow a bridge crossing over the creek; an amendment to the easement is needed for a crossing. No improvements shall be constructed within the conservation easement. The Evans Drain runs along the northern boundary of this site within a 60' wide easement as depicted on the proposed plat. Structures&improvements should not encroach within these easements. The creek is required to remain open& be protected during development.A portion of this site along the Five Mile Creek is in the floodplain in zone AE; a floodplain development permit is required.Development with the floodway,requires a no-rise analysis. 2. Pressurized Irrigation(UDC 11-3A-15): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 3. Storm Drainage (UDC 11-3A-18): An adequate drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best management practices as adopted by the City as outlined in UDC 11-3A-18. 4. Utilities (Comp Plan 3.03.03G, UDC 11-3A-21): Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. Water main, fire hydrant and water service require a twenty-foot(20)wide easement that extends ten(10)feet past the end of main,hydrant,or water meter.No permanent structures, including trees are allowed inside the easement. City of Meridian I Department Report III. Staff Analysis Comprehensive Plan policy 3.03.03G requires urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities. The Idaho Power easement along Franklin Rd.should be depicted and dimensioned on the plat. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2B-3 for the C-G zoning district and 11-2C-3 for the I-L zoning district,as applicable. 2. The plat submitted for City Engineer signature shall include the following revisions: a. Depict a 25' wide street buffer along E. Franklin Rd. and N. Locust Grove Rd.,measured from back of sidewalk if the existing sidewalk is proposed to remain or back of curb if the sidewalk is proposed to be replaced with a detached sidewalk. If the existing Idaho Power easement along Franklin Rd. doesn't allow trees/shrubs and encumbers the entire buffer, a minimum 5'wide area shall be provided outside the easement to plant trees/shrubs. b. Depict and dimension the existing Idaho Power easement along E. Franklin Rd. c. Structures and improvements shall not encroach in existing easements on the site unless approved by the easement holder(s)through a license agreement. d. Depict a cross-access/ingress-egress easement to the properties to the west(i.e. Parcels S 1107449990 & S 1107449111) on both the north and south sides of the Fivemile Creek; and between Lots 1 and 2,Block 1. If the existing cross-access easement(Inst.#102152521) provides for cross-access/ingress-egress to the property to the west, submit a copy of the copy of the recorded easement for verification. e. Depict a minimum 14' wide public pedestrian access easement for the future multi-use pathway along the east side of the Fivemile Creek per Park's Dept. requirements. The easement may overlay required utility easements along the creek,but shall be recorded separately from the plat. Another 10' wide public pedestrian access easement shall be depicted behind the sidewalk along W. Franklin Rd. as far as the creek to allow for a future detached sidewalk connection to the proposed Fivemile Creek pathway. £ Surveyor Notes: i. Note#4: "Lots 1 through 4 2,Block 1 . . ."Buffer shall be measured from back of existing sidewalk or back of curb if the sidewalk is to be replaced with a detached sidewalk. ii. Include a note stating access via Franklin Rd. is prohibited. g. Existing Easements: i. Include the recorded instrument number for the 30' wide Meridian water and sewer easement. ii. Include the recorded instrument number for the 20' wide Meridian water line easement. 3. The landscape plan submitted with the plat for City Engineer signature shall include the following revisions: a. Depict a minimum 25' wide street buffer with dimensions along N. Locust Grove Rd. and E. Franklin Rd. with landscaping that demonstrates compliance with the standards listed in UDC 11-3B-7C. Include calculations in the Landscape Requirements table that demonstrate compliance with the these standards(i.e.required vs.proposed buffer width,lineal feet of City of Meridian I Department Report IV. City/Agency Comments &Conditions street frontage,required vs.proposed number of street trees,percentage of lawn, etc.). The buffer should be measured from back of sidewalk if the existing sidewalk is to remain and from the back of curb if the sidewalk is to be replaced. 4. A floodplain development permit is required for the portion of this site along the Five Mile Creek that lies in the floodplain.Development with the floodway,requires a no-rise analysis. 5. Submit recorded copies of the public pedestrian easements required above in condition#2e. 6. Private streets may be required within the development for addressing purposes for the proposed buildings for emergency wayfinding. Contact the City's addressing technician for additional information and requirements. 7. No improvements shall be allowed within the 90' wide conservation easement containing the Fivemile Creek. This easement shall be protected during and after development. 8. Approval of the 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 short plat, as set forth in UDC 11-613-7A.Upon written request prior to the expiration of the final plat,the Applicant may request an extension of time to obtain the City Engineer's signature on the final plat asset forth in UDC 11-613-7C. B. Meridian Public Works Water and sewer is available at the site; a water line needs to connect to Franklin Rd. https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=443300&dbid=0&repo=MeridianC hty C. Meridian Fire Department https:llweblink.meridiancib!.ofglWebLinkIDocView.aspx?id=443307&dbid=0&repo=MeridianC LU D. Idaho Department of Environmental Quality(DEQ) https:llweblink.meridiancity.orglWebLink/DocView.aspx?id=444857&dbid=0&repo=MeridianC hty E. Ada County Highway District(ACHD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=443309&dbid=0&repo=MeridianC hty F. Idaho Transportation Department(ITD) https:llweblink.meridiancitE.orglWebLinkIDocView.aspx?id=445704&dbid=0&repo=MeridianC fty V. FINDINGS A. Short Plat(UDC-6B-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; Staff finds the proposed plat is generally in conformance with the UDC with the conditions noted in Section IV and with the guidelines in the Comprehensive Plan. City of Meridian I Department Report V. Findings 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Stafffinds public water and sewer services are available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds the plat is in conformance with scheduled public improvements for this area in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Stafffinds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Stafffinds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. VI. ACTION A. Staff: Staff recommend approval of the proposed short plat per the provisions in Section IV in accord with the Findings in Section V. B. City Council: Pending City of Meridian I Department Report VI. Action VH. EXHIBITS A. Short Plat(date: 4/18/2026) Opp ON W1 o e �om3WVj i1 1 r�€� °� _ � G oN =W ' 4aEVOR vy�pSc �B 48 G�3 _"! �oalloo=°._w 19 wig "5° _ yE5$: a a oQ < _ W-`� N O�w�z¢� F 3z c" zaim gd z � ERA! -1 aHAW _ � °"q` I � 'd_�° $z ow°ima2�m"d �#9 o a�� �Pto- a -n _�'"°�� 3°E �°laz°3oo3p qog 5 = g �Cat,v o ' '` ycsds i tI °'i=a4� omw,o�EW`��o GWI ww ""gi"`°'m," § G� y� �o i �G iiq�wg "W o4o �ortS�Po��°c'Eo i�oiggg ° �o °-°� 3� ��G C=Fiz �$o oyes# 1211 '. o�ix -�W 51z 19�0in i G" 'w ? N g oa p`�N_d °° °9¢LLgwi A¢iw GIVI 3 IM 9 izo° a'" Z "��i w w oa=kWo � oz ozo�"W�a� o =u=<ioW o° 3SwGo="$W Wy I g! m° r so x#ooy 9w�p �zo"W u¢ swill 9:111g111"IMMIX Ho e }} Z ova"�5a§�F�.�w�aw9noa za=Jp=gz$�`�di�-- SEA!"All e°z9zzQ ooWu�q�p m 9 g3�a N�000 oa;ag¢o O gsiGaN1 z��zdNFO fsju p 91g,soi4�z°zi!NU 3�o<9g�za3z pSS�: Qm.f=� fo�'�� "�� a"- � _aw&o�o w w�"Glan nil 11i � zW nU11 W 1H11 ��sh1 1� d+ e°�c ° i��fso'a¢ a'z�o Eon go qW°0 �o4a o€ o Mis �8°G 80g°M8 � i z 12rzzm= 12 "2 oo fiigi�opo ��e s " O w g o S o S _ ¢ its 1v191=1, l/1 w a - _ to o 1 m ' F z m -' o � '"^f s z'in _ 1 1 1 3 1 1 l l " M Z W fi q m o n o 3 s ❑ - m G 3 u z z z o z� Nz Vl ,W o Z z u< `J I I � � i � � � o W °-�� � F� b r •S' O o z= zMo �� swar�a io s�sca -3 �=o � ,�os5z assZ.00u anon anono .csnoai •x �/ � � R'[Z6[ '9 WCIN FYI •W'fiiii � i � � — c.M5292.Op5 [l � � LL�SS���111ZZZZL��1Z °� urors 3OT$2.00N J' //. 1 z � # � � I �<4�� '� i✓` � '� Q. gym` 3.fiGALM ueO] Lru�e'zal ,"� 0 o_w� Z uog RW w psi V City of Meridian Department Report VII. Exhibits B. Landscape Plan(dated: 4/28/2026) u ��C .�f� h°9W5� b oHroi Nniaie3vl � � eC �p3W. o 3AOuE)isf10Ol widoO Y r----------------- --- — —————— ---- ---- --- =�s—=--=-------1 I. I F = �.��_�q, umffffum" O I o 1 - O rm7rm 8 -- I I N I I _.J7 J 00 OOO i I L---------------------- I I d� I I I L------=--------------------------- INgi $ 5§5y$$9 geg � pp �� ffi $€yyB fi5pga@99 F�_F�°a gyC g¢ 01 b$ $ °$ppgg -xx@{ gg@§ �¢s C k 'B7 gf l@ $e $a �g i! C gpY d plix 9°I € ga INE€ �pg S11141, .ffi§ 3Es $ p gBB ggk { $6{S €S_§ ul a{ Ca�: g kS § BB$ o Ig $ 5yp aFa�$@@@@@ a �'. d S� : ' a � "" {6 @ @e a !k { map $fl ! � ��F Cs x�@ a Ik§ § s m Edl' E { 4 a {C a x6 1 fiQYY$ 8 i EiBl-r6Y ° a � Rg ' $Eg° a {§° alp ERY $x$1 ! $Ix& z o x 8la n IY°� aY E �� $ae"°� € SS � ;e : ps! a ��E���= �{� � ��•° �i�yy�i���"� � g @gg 3p$� ��e{ ��� iog5g pg �yy ix City of Meridian Department Report VII. Exhibits C. Fire Access Plan v p _ ',7TFMd0.1111TI1 Z � m 'I o - 1 r if a s T '. r � � a . . . . . . . . . . 1 v t E FRANKLN ROAD AF,L IR MI➢ 9Y m xa MDOROVE PLAZA N S n N.LOCUST GROVE RD AND E.FRANKLIN RD Nasland z n MERIDIAN,DAHO 83642 Ji City of Meridian I Department Report VII. Exhibits Development Application Transmittal Link to Project Application: Midgrove Plaza SHP-2026-0004 Hearing Date: June 23, 2026 Assigned Planner: Sonya Allen To view the City of Meridian Public Records Repository, Click Here The above "Link to Project Application" will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to comment(a)_meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk's Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.44331Email: cityclerk(cD_meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. W IDIAN� AGENDA ITEM ITEM TOPIC: Second Reading of Ordinance No. 26-2126: An Ordinance Adding a New Title 12 Called "Countywide Development Impact Fees" to the Meridian City Code and Adding Thereto a New Chapter 1 Called "Ada County Jail Development Impact Fees" That Provides for Short Chapter Title; Authority, Findings, Applicability, and Purpose; Definitions; Capital Improvements Plan; Periodic Review of the Capital Improvements Plan; Intergovernmental Agreement with Ada County; Imposition of County Impact Fees and Payment; Enforcement and Collection; County Impact Fee Administrator and City Powers to Require Payment of County Impact Fees; County Impact Fee(s) Exemptions; Process for Individual Assessment; Extraordinary Impacts; Developer Credits and Reimbursements; County Impact Fee Payment Mistake or Misrepresentation; Fee Payer Refunds; County Impact Fee Capital Projects Trust Fund, Expenditures, Budget, Audit, and Surcharge; Appeals and Mediation; Miscellaneous Provisions; Punishment for Violations; Construction of Ordinance Intent; and Providing an Effective Date 00 V 01 (D n N O W � O CL m ° ° D C. ( � fD O ° z 13 3 "E'f O m �11 fy .0 M a D �• CL _ T Q OIQ (D � �• N N Q M m O m 3 m rr f+ O p z cn C � v v x n o � v mn H x � r+ —� m a� ao Vf m o v c � CITY OF MERIDIAN ORDINANCE NO. 26-2126 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK AN ORDINANCE ADDING A NEW TITLE 12 CALLED "COUNTYWIDE DEVELOPMENT IMPACT FEES" TO THE MERIDIAN CITY CODE AND ADDING THERETO A NEW CHAPTER 1 CALLED "ADA COUNTY JAIL DEVELOPMENT IMPACT FEES" THAT PROVIDES FOR: • SHORT CHAPTER TITLE,AND • AUTHORITY,FINDINGS,APPLICABILITY,AND PURPOSE; AND • DEFINITIONS; AND • CAPITAL IMPROVEMENTS PLAN; AND • PERIODIC REVIEW OF THE CAPITAL IMPROVEMENTS PLAN; AND • INTERGOVERNMENTAL AGREEMENT WITH ADA COUNTY; AND • IMPOSITION OF COUNTY IMPACT FEES AND PAYMENT; AND • ENFORCEMENT AND COLLECTION; AND • COUNTY IMPACT FEE ADMINISTRATOR AND CITY POWERS TO REQUIRE PAYMENT OF COUNTY IMPACT FEES; AND • COUNTY IMPACT FEE(S)EXEMPTIONS; AND • PROCESS FOR INDIVIDUAL ASSESSMENT; AND • EXTRAORDINARY IMPACTS;AND • DEVELOPER CREDITS AND REIMBURSEMENTS; AND • COUNTY IMPACT FEE PAYMENT MISTAKE OR MISREPRESENTATION; AND • FEE PAYER REFUNDS; AND • COUNTY IMPACT FEE CAPITAL PROJECTS TRUST FUND, EXPENDITURES,BUDGET,AUDIT,AND SURCHARGE;AND • APPEALS AND MEDIATION; AND • MISCELLANEOUS PROVISIONS; AND • PUNISHMENT FOR VIOLATIONS; AND • CONSTRUCTION OF ORDINANCE INTENT; AND • PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1. That the Meridian City Code be amended by adding a new Title 12 called"Countywide Development Impact Fees" and by adding thereto a new Chapter I called "Ada County Jail Development Impact Fees Ordinance"to read as follows: Ada County Jail Development Impact Fees Ordinance 1 TITLE 12 COUNTYWIDE DEVELOPMENT IMPACT FEES CHAPTER 1 ADA COUNTY JAIL DEVELOPMENT IMPACT FEES PART 1: SHORT CHAPTER TITLE,AUTHORITY,FINDINGS,APPLICABILITY,AND PURPOSE: 12-1-101: SHORT CHAPTER TITLE This Chapter shall be known and may be cited as the Ada County Jail Development Impact Fees Ordinance. 12-1-102: CITY AUTHORITY This ordinance is enacted pursuant to the City's general police powers, its authority to enact ordinances, and its authority as provided by the Idaho Development Impact Fee Act codified at Chapter 82 of Title 67, Idaho Code (the "Act") and other applicable laws of the state of Idaho to impose development impact fees, which includes the establishment and collection of development impact fees pursuant to its authority to enter into an intergovernmental agreement with Ada County (the "County") as provided for in Idaho Code § 67-8204A. 12-1-103: COUNTY AUTHORITY A. The County has authority to construct, and has constructed and maintains, the common jails of Ada County which are kept by the Sheriff pursuant to I.C. §§ 20-601 and 31- 2202(6). B. The County has general police powers and the authority to enact ordinances,but County ordinances do not apply within any incorporated city within the County. C. The County has authority to enter into an intergovernmental agreement with the City as provided for in I.C. § 67-8204A to establish its jail development impact fees within the City. 12-1-104: FINDINGS A. Cities and counties are "governmental entities" empowered to impose and collect development impact fees pursuant to the provisions of I.C. §§ 67-8202(5) and 67-8203(14). B. The County has established the Ada County Development Impact Fee Ordinance at Chapter 2 of Title 10 of the Ada County Code which provides for the establishment, imposition and collection of certain development impact fees within the unincorporated area within Ada County. C. The County and City are experiencing considerable new growth and development, which new growth affects the ability of the County to provide adequate jail facilities (the "Public Facilities") to serve the County and the City. D. The ability of the County to provide such adequate Public Facilities jointly affects both the County and the City. Ada County Jail Development Impact Fees Ordinance 2 E. The City and the County are each experiencing considerable growth and development. F. The purposes of the Act are as follows: 1. Ensure that adequate Public Facilities are available to serve new growth and development; 2. Promote orderly growth and development by establishing uniform standards by which local governments, such as the City and the County, may require those who benefit from new growth and development pay their Proportionate Share of the costs of new Public Facilities needed to serve that new growth and development; 3. Establish minimum standards for adoption of development impact fee ordinances; 4. Ensure that those who benefit from new growth and development are required to pay no more than their Proportionate Share of the cost of Public Facilities needed to serve that new growth and development and to prevent duplicate and ad hoc Development Requirements; and 5. To empower cities and counties to adopt ordinances to impose development impact fees. G. The Act authorizes the County to enact development impact fee ordinances but County ordinances do not apply within the City. H. The Act does provide, pursuant to I.C. § 67-8204A, in circumstances where the City and the County are both affected by the considerable Development as is occurring within the City, that the City and the County may enter into an intergovernmental agreement for the purpose of agreeing to collect and expend development impact fees for System Improvements which provides for a funding mechanism for those System Improvements Costs incurred by the County to meet the demand and growth occurring within the City and which promotes and accommodates orderly growth and Development and protects the public health, safety and general welfare of the residents within the boundaries of the City. I. New growth within the City is expected to continue and will place increased demands on the County to provide and expand its Public Facilities to serve that new growth. The tax revenues generated from new Development within the City often do not generate sufficient funds to provide the necessary improvements and expansion of the County's existing Public Facilities to accommodate that new growth. J. Section 67-8204A of the Act authorizes the City to enter into intergovernmental agreements with the County to collect development impact fees for County Public Facilities needed due to new growth and Development in the City. K. The creation of an equitable development impact fee system facilitated by the Intergovernmental Agreement between the City and the County will promote the purposes set forth in the Act,in that it will: (a)ensure that the County has adequate capital facilities which are available to serve new growth and Development; (b)promote orderly growth and Development by establishing uniform standards by which the City may require that those who benefit from new growth and Development pay a Proportionate Share of the cost of the County's capital facilities needed to serve new growth and Development in the City; (c) establish minimum standards for the adoption of County Jail Impact Fees; (d) ensure that those who benefit from new growth and Development Ada County Jail Development Impact Fees Ordinance 3 are required to pay no more than their Proportionate Share of the cost of the County's capital facilities needed to serve new growth and Development in the City; and (e) prevent duplicate and ad hoc Development Requirements in the City. L. The Capital Improvements Plan contains System Improvements planned by the County during the term of its Capital Improvements Plan, and such element has been developed in conformance with the requirements of the Act. M. The Capital Improvements Plan sets forth reasonable methodologies and analyses for determining the impacts of various types of new Development on the County's Public Facilities and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such facilities created by new Development. N. In accordance with the Act, the Capital Improvements Plan was based on actual System Improvements Costs or reasonable estimates of such costs. In addition, the Capital Improvements Plan uses a fee calculation methodology that is net of credits for the Present Value of revenues that will be generated by new growth and Development based on historical funding patterns and that are anticipated to be available to pay for System Improvements, including taxes, assessments,user fees, and intergovernmental transfers. O. The County Jail Impact Fees established by this Chapter are based on the County's Capital Improvements Plan, and do not exceed System Improvements Costs to serve new Development that will pay the County Jail Impact Fees. P. The County's capital facilities, included in the calculation of the fees in its Capital Improvements Plan, will benefit all new Development throughout the City, and it is therefore appropriate to treat all areas of the City as a single Service Area for purposes of calculating, collecting, and spending the County Jail Impact Fees collected from Developers. Q. There is both a rational nexus and a rough proportionality between Development impacts created by each type of Development covered by this Chapter, the development impact fees assessment of such Development covered by this Chapter, and the development impact fees that Developers will be required to pay. R. This Chapter creates a system by which development impact fees paid by Developers will be used to finance, defray, or reimburse a portion of the costs incurred by the County to construct and/or purchase System Improvements in ways that benefit the Development for which the development impact fee was paid within a reasonable period of time after the development impact fee is paid, and in conformance with I.C. § 67-8210. S. This Chapter creates a system under which development impact fees shall not be used to correct existing deficiencies for any County Public Facilities,or to replace or rehabilitate existing Public Facilities, or to pay for routine operation or maintenance of those facilities. T. This Chapter creates a system under which there shall be no double payment of development impact fees, in accordance with I.C. § 67-8204(19). U. This Chapter is consistent with all applicable provisions of the Act concerning development impact fee ordinances. 12-1-105: APPLICABILITY Except as otherwise exempted in section 12-1-701,the provisions of this Chapter shall apply to the development of property located within the boundaries of the City of Meridian, Idaho. Ada County Jail Development Impact Fees Ordinance 4 12-1-106: PURPOSE A. This Chapter is adopted to be consistent with, and to help implement, the Capital Improvements Plan. B. The intent of this Chapter is to ensure that new Development bears a Proportionate Share of the cost of System Improvements; to ensure that such Proportionate Share does not exceed the cost of such System Improvements required to accommodate new Development; and to ensure that funds collected from new Development are used for System Improvements in accordance with the Act. C. It is the further intent of this Chapter to be consistent with those principles for allocating a fair share of the cost of System Improvements to new Development, and for adopting development impact fee ordinances, as established by the Act. D. It is not the intent of this Chapter to collect any money from any new Development that exceeds the actual amount necessary to offset new demands for System Improvements created by such new Development. E. It is the intent of this Chapter that any monies collected, as imposed County Jail Impact Fees, are deposited in the proper Development Impact Fee Capital Projects Trust Fund Account, are never commingled with monies from a different impact fee Accounts, are never used for a development impact fee component different from that for which the fee was paid, are never used to correct current deficiencies in any County Capital Facilities, and are never used to replace or rehabilitate County Capital Facilities when it does not increase capacity, or be used to maintain or operate any County Capital Facilities. PART 2: DEFINITIONS 12-1-201: DEFINITIONS As used in this Chapter,the following words and terms shall have the following meanings, unless another meaning is plainly intended and words and terms appearing in the singular number include the plural and the plural the singular: ACCOUNTS shall mean any of one or more interest bearing accounts within the County Development Impact Fee Capital Projects Trust Fund established in Part 13 of this Chapter. ADVISORY COMMITTEE shall mean a County advisory committee established and identified in the Intergovernmental Agreement which is formed and staffed pursuant to I.C. § 67-8205 to prepare and recommend the Capital Improvements Plan and any amendments, revisions, or updates of the same. ACT shall mean the Idaho Development Impact Fee Act as set forth in Chapter 82 of Title 67, Idaho Code. APPROPRIATE shall mean to legally obligate by contract or otherwise commit to the expenditure of funds by appropriation or other official act of the County Board of Commissioners. BUILDING PERMIT shall mean the City permit required for new construction and additions under Title 10 of the Meridian City Code. CAPITAL IMPROVEMENTS shall mean improvements with a useful life of ten(10) years or more, by new construction or other action, which increases the service capacity of County Capital Facilities. CAPITAL IMPROVEMENTS ELEMENT shall mean a component of the Capital Improvements Plan identified in the County's CIP adopted by its governing board and the City Council pursuant to Ada County Jail Development Impact Fees Ordinance 5 Chapters 65 and 82 of Title 67, Idaho Code, and as amended, which component meets the requirements of the Capital Improvements Plan required by the Act. CAPITAL IMPROVEMENTS PLAN shall mean an impact fee study and capital improvements plan, which has been recommended by the Advisory Committee and adopted by the County Board of Commissioners and the City Council pursuant to the Act that identifies the County Capital Facilities for which the County's impact fees may be used as a funding source. CITY shall mean the City of Meridian,Idaho. CITY COUNCIL shall mean the City Council of the City of Meridian. COUNTY shall mean Ada County, Idaho. COUNTYBOARD OF COMMISSIONERS shall mean the Board of Commissioners of Ada County, which is Ada County's governing board. COUNTY CAPITAL FACILITIES shall mean County Public Facilities which are identified in the Capital Improvements Plan, and specifically including those related costs including System Improvements Costs,but not including maintenance, operations, or improvements that do not expand capacity. COUNTYIMPACT FEE ADMINISTRATOR shall mean the person appointed by the County Board of Commissioners to administer the imposition of County Jail Impact Fees in accordance with the Act and the Intergovernmental Agreement. COUNTYJAIL IMPACT FEES shall mean a payment of money imposed as condition of Development Approval to pay for a Proportionate Share of the County's costs of System Improvements needed to serve the Development. The term does not include the following County charges: • A charge or fee to pay the administrative plan review or inspection cost associated with permits required for Development; • Connection or hookup charges; • Availability charges for drainage, sewer, water or transportation charges for services provided directly to the Development; or • Amounts collected from a Developer in a transaction in which the County has incurred expenses in constructing Capital Improvements for the Development if the owner or Developer has agreed to be financially responsible for the construction or installation of those Capital Improvements, unless a written agreement is made, pursuant to I.C. § 67- 8209(3) as amended, for credit or reimbursement. DEVELOPER shall mean any person or legal entity undertaking Development including a Development that seeks an annexation into the City and/or undertakes the subdivision of property pursuant to I.C. §§ 50-1301 through 50-1334, as amended. DEVELOPMENT shall mean any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for Public Facilities or the annexation into the City and/or subdivision of property that would permit any change in the use, character or appearance of land. DEVELOPMENTAPPROVAL shall mean any written duly authorized document from the City which authorizes the commencement of a Development. DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TR UST FUND OR TR UST Ada County Jail Development Impact Fees Ordinance 6 FUND shall mean the Ada County Development Impact Fee Jail Capital Projects Fund(or Jail Capital Projects Fund) as established by action of the County Board of Commissioners. DEVELOPMENT REQUIREMENTS shall mean a requirement attached to a Developmental Approval or other City governmental action approving or authorizing a particular Development. EXTRAORDINARY COSTS shall mean those costs incurred as result of an Extraordinary Impact. EXTRAORDINARYIMPACT shall mean an impact which is reasonably determined by the County Impact Fee Administrator to: (i)result in the need for System Improvements, the cost of which will significantly exceed the sum of the County Jail Impact Fees to be generated from the Development or the sum agreed to be paid pursuant to a development agreement as allowed by I.C. § 67-8214(2), as amended; or(ii)result in the need for System Improvements which are not identified in the Capital Improvements Plan. FEE PAYER shall mean the person who pays or is required to pay County Jail Impact Fees. A Fee Payer may include a Developer. INTERGOVERNMENTAL AGREEMENT shall mean the most recent Ada County and City of Meridian Intergovernmental Agreement for the Collection and Expenditure of Development Impact Fees for Ada County Sheriff's Jail on Development within the Municipal Boundaries of the City of Meridian entered into by and between the City and the County pursuant to I.C. § 67- 8204A for the collection and expenditure of County Jail Impact Fees established pursuant to this Chapter. LAND USE ASSUMPTIONS shall mean a description of the Service Area and projections of land uses, densities, intensities and population in the Service Area over at least a ten-year period. LEVEL OF SERVICE shall mean a measure of the relationship between service capacity and service demand for Public Facilities. MANUFACTURED/MOBILE HOME shall mean a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one (1) or more sections,which, in the traveling mode, is eight(8) feet or more in width or is forty(40)body feet or more in length, or when erected on site, is three hundred twenty(320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in such structure, except that such term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 et seq. MODULAR BUILDING shall mean any building or building component other than a Manufactured/Mobile Home,which is constructed according to the International Building Code, as adopted or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. PRESENT VALUE shall mean the total current monetary value of past,present or future payments, contributions or dedications of goods, services, materials, construction or money. PROJECT shall mean a particular Development on an identified lot or parcel of land. PROJECT IMPROVEMENTS, in contrast to System Improvements, shall mean site improvements and facilities that are planned and designed to provide service for a particular Project and that are necessary for the use and convenience of the occupants or users of the Project. Ada County Jail Development Impact Fees Ordinance 7 PROPORTIONATE SHARE shall mean that portion of System Improvements Costs determined pursuant to I.C. § 67-8207 which reasonably relates to the service demands and needs of the Project. PUBLIC FACILITIES shall mean land,buildings and equipment used for a County jail which have a useful life of ten (10) years or more. RECREATIONAL VEHICLE shall mean a vehicular type primarily designed as temporary quarters for recreational, camping, or travel use,which either has its own motive power or is mounted on or drawn by another vehicle. SERVICE AREA shall mean the defined geographic area in the adopted Capital Improvements Plan including the geographic area within the City as identified by the County in which specific Public Facilities provide service to Development within the areas defined, on the basis of sound planning or engineering principles or both. For purposes of this Chapter, there shall be one Service Area which includes all of the City of Meridian. SERVICE UNIT shall mean a standardized measure of consumption,use, generation or discharge attributable to an individual unit of Development calculated in accordance with generally accepted engineering or planning standards for a particular category of Capital Improvements. As specifically used in this Chapter, Service Units include residential dwelling units as defined in the Unified Development Code of the City of Meridian and square feet of nonresidential Development. SYSTEM IMPROVEMENTS, in contrast to Project Improvements, shall mean Capital Improvements to Public Facilities which are designed to provide service to a Service Area. For the purpose of this Chapter, System Improvements are for County jail capital facilities. SYSTEM IMPROVEMENTS COSTS shall mean costs incurred for construction or reconstruction of System Improvements, including design, acquisition, engineering and other costs, and also including, without limitation, the type of costs described in I.C. § 50-1702(h), as amended,to provide additional Public Facilities needed to service new growth and Development. For clarification, System Improvements Costs do not include: • Construction, acquisition or expansion of Public Facilities other than Capital Improvements identified in the Capital Improvements Plan; • Improvements,repair, operation or maintenance of existing or new capital; • Upgrading, updating, expanding or replacing existing Capital Improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; • Upgrading, updating, expanding or replacing existing Capital Improvements to provide better service to existing development; • Administrative and operating costs of the County unless such costs are attributable to development of the Capital Improvements Plan, as provided in I.C. § 67-8208, as amended; and • Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the County to finance Capital Improvements identified in the Capital Improvements Plan. PART 3: CAPITAL IMPROVEMENTS PLAN 12-1-301: Proportionate Determination Methodology County Jail Impact Fees imposed by this Chapter are determined by the approved Capital Ada County Jail Development Impact Fees Ordinance 8 Improvements Plan and shall not exceed a Proportionate Share of the cost of the System Improvements determined in accordance with I.C. § 67-8207, as amended. County Jail Impact Fees shall be based on actual System Improvements Costs or reasonable estimates of such costs, and shall be calculated using the methodology contained in the Capital Improvements Plan which complies with the following: A. Based on a reasonable and fair formula or method under which the impact fees imposed do not exceed a Proportionate Share of the costs incurred or to be incurred by the County in the provision of System Improvements to serve the new Development. The Proportionate Share is the costs attributable to the new Development after the consideration of the following: 1. Any appropriate credit, offset or contribution of money, dedication of land or construction of System Improvements; 2. Payments reasonably anticipated to be made by or as a result of a new Development in the form of user fees and debt service payments; 3. That portion of general tax or other revenues allocated by the County to System Improvements; and 4. All other available sources of funding for such System Improvements. B. In determining the Proportionate Share of the cost of System Improvements to be paid by the Developer,the following factors shall be considered and accounted for in the calculation of the impact fees: 1. The costs of existing System Improvements within the Service Area; 2. The means by which existing System Improvements have been financed; 3. The extent to which the new Development will contribute to System Improvements costs through taxation, assessments, or Developer or landowner contributions, or has previously contributed to System Improvements costs through Developer or landowner contributions; 4. The extent to which the new Development is required to contribute to the cost of existing System Improvements in the future; 5. The extent to which the new Development should be credited for providing System Improvements without charge to other properties within the Service Area; 6. Extraordinary Costs, if any, incurred in serving the new Development; 7. The time and price differential inherent in a fair comparison of fees paid at different times; and 8. The availability of other sources of funding System Improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation. C. County Jail Impact Fees shall be calculated on the basis of levels of service for Public Facilities adopted in this Chapter that are applicable to existing Development as well as new growth and Development. The construction, improvement, expansion or enlargement of new or existing Public Facilities for which the impact fees are imposed must be attributable to the capacity demands generated by the new Development. 12-1-302: Service Area The Service Area includes all areas identified and defined in the approved Capital Improvements Plan. Ada County Jail Development Impact Fees Ordinance 9 12-1-303: Review and Modification of Capital Improvements Plan The County shall, at least once every five (5) years, commencing from the date of the original adoption of the Capital Improvements Plan, review Development potential and update the Capital Improvements Plan in cooperation with the City and in accordance with the procedures set forth in the Act, as amended. Each update shall be prepared by the County Impact Fee Administrator in consultation with the Advisory Committee. PART 4 INTERGOVERNMENTAL AGREEMENT 12-1-401: Authority to Enter into Intergovernmental Agreements The City is a governmental entity that is empowered by the Act to adopt development impact fee ordinances and is authorized by I.C. § 67-8204A to enter into an Intergovernmental Agreement with the County for the purpose of developing joint plans for capital improvements and for the purpose of agreeing to collect and expend development impact fees for System Improvements. 12-1-402: City and County Intergovernmental Agreement The City has entered into an Intergovernmental Agreement with the County which Intergovernmental Agreement is in full force and effect. 12-1-403: County Subject to this Chapter The Intergovernmental Agreement complies with this Chapter and requires the County to be governed by and to fully abide by the provisions of this Chapter. 12-1-404: Amendments to Intergovernmental Agreement Any amendments to the Intergovernmental Agreement shall be implemented by corresponding relevant amendments of this Chapter which amendments shall not apply to any County Jail Impact Fees previously collected not yet expended and currently held in the Trust Fund. PART 5: IMPOSITION OF COUNTY JAIL IMPACT FEES AND PAYMENT 12-1-501: County Jail Impact Fees Imposed County Jail Impact Fees are hereby imposed on all new Development within the Service Area, as defined in the Capital Improvements Plan, in accordance with the impact fee schedules as set forth in this Part of this Chapter. 12-1-502: Impact Fee Calculation The County Jail Impact Fees shall be calculated in accordance with the impact fee schedule set forth in the Capital Improvements Plan which provides for standard fees based on the total number of dwelling units or square feet of nonresidential space in the Development, unless: A. The Fee Payer requests an individual assessment pursuant to Part 8 of this Chapter; or B. The Development will have an Extraordinary Impact pursuant to Part 9 of this Chapter. The methodology for determining the costs per Service Unit provided for in the fee schedule is set forth in the Capital Improvements Plan. Ada County Jail Development Impact Fees Ordinance 10 12-1-503: Impact Fees Schedule The County Jail Impact Fees for the various land uses per unit of Development are set forth in the following impact fees schedule and shall take effect the 30th day following verification that all the incorporated cities within Ada County have adopted ordinances in compliance with the Act to impose and collect County Jail Impact Fees. Notwithstanding anything to the contrary in this Chapter, no County Jail Impact Fees shall be imposed on new Development until the County Jail Impact Fees take effect. A. Impact Fees Schedule: Residential (per Single Family Dwelling Unit) $ 516.00 Residential (per Multi-Family Dwelling Unit) $ 357.00 Non-Residential (per 1,000 retail square feet)* $ 944.00 Non-Residential (per 1,000 office square feet)* $ 364.00 Non-Residential(per 1,000 industrial square feet)* $ 163.00 Non-Residential (per 1,000 institutional square feet)* $ 361.00 * Prorated to the nearest square foot. 12-1-504: Developer's Election Pursuant to the Act, a Developer shall have the right to elect to pay a Project's Proportionate Share of System Improvements Costs by payment of an impact fee according to the Fee Schedule as full and complete payment of the Development Project's Proportionate Share of System Improvements Costs, except as provided in I.C. § 67-8214(3), as amended. 12-1-505: Procedures: The collection of County Jail Impact Fees shall be in accordance with the following procedures: A. Building Permit. Upon submittal of a complete application for a Building Permit for the Development to the City, the City shall calculate the County Jail Impact Fees due for the Development in accordance with the Fee Schedule in section 12-1-503 of this Chapter unless the Fee Payer requests an individual assessment or is the subject of a credit or the County Impact Fee Administrator determines that the Development may have Extraordinary Impact. B. Exemption. An exemption pursuant to section 12-1-701 of this Chapter must be claimed by the Fee Payer upon application for a Building Permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the Fee Payer. 12-1-506: Certification of Impact Fees Due After the County Jail Impact Fees for a proposed Development have been calculated by the City pursuant to the Fees Schedule or by the County Impact Fee Administrator using the individual assessment process, or there is a credit, or Extraordinary Impact,the Fee Payer may request from the County Impact Fee Administrator a certification of the amount of the County Jail Impact Fee due for that Development which shall be processed as follows: A. Within thirty (30) days after receiving such request the County Impact Fee Administrator shall issue a written certification of the amount of the County Jail Impact Fee due for the proposed Development. Such certification shall establish the County Jail Impact Fee so long as there is no material change to the Project as identified in the individual assessment application, or the impact fees schedule of the Capital Improvements Plan. Ada County Jail Development Impact Fees Ordinance 11 B.The certification shall include an explanation of the calculation of the County Jail Impact Fee, including an explanation of factors considered under Idaho Code Section 67-8207,and shall also specify the System Improvements for which the County Jail Impact Fee is intended to be used. C. The County Impact Fee Administrator shall provide the certification to the Fee Payer and the City. 12-1-507: Payment and Receipt of Fees County Jail Impact Fees shall be paid to the City at the following times: A. Following application for a Building Permit and prior to the issuance of any Building Permit for a dwelling unit or nonresidential building; or B. At such other time as the Developer and the County has agreed upon in writing with advance notice to the City. C. All County Jail Impact Fees paid to the City pursuant to this Chapter and the Intergovernmental Agreement shall then be timely delivered to the County in accordance with the terms of the Intergovernmental Agreement. D. In the event County Jail Impact Fees are paid directly to the County,then the County Impact Fee Administrator shall immediately notify the City of such payment. 12-1-508: Payment Under Protest A Fee Payer may pay a County Jail Impact Fee under protest in order not to delay in the issuance of a Building Permit by the City.A Fee Payer making a payment under protest shall not be estopped from exercising the right to appeal provided herein,nor shall such Fee Payer be estopped from receiving a refund of any amount deemed to have been improperly collected. PART 6: CITY AND COUNTY IMPACT FEE ADMINISTRATOR POWERS TO REQUIRE PAYMENT OF IMPACT FEES 12-1-601: County Jail Impact Fee Payment Enforcement When any County Jail Impact Fee is due pursuant to this Chapter, or pursuant to the terms of any written agreement between a Fee Payer and the County and has not been paid in a timely manner,the City, upon request from the County Impact Fee Administrator, may exercise any or all of the following powers as authorized by law, in any combination, to enforce the collection of the impact fee: A. Withhold Building Permits or other Development Approval until all County Jail Impact Fees due have been paid. B. Withhold utility services from the Development until all County Jail Impact Fees due have been paid. C. Add interest to the County Jail Impact Fees not paid at the legal rate provided for in I.C. § 28-22-104, as amended,plus five(5)percent beginning on the date at which the payment of the impact fees was due until paid in full. D. Impose a penalty of one (1) percent of the total County Jail Impact Fees (not merely the portion dishonored, late or not paid in full) per month, beginning on the date at which the payment of the County Jail Impact Fees was due, until paid in full. E. Impose a lien pursuant to the authority of I.C. § 67-8213(4) for failure to timely pay the Ada County Jail Development Impact Fees Ordinance 12 County Jail Impact Fees following the procedures contained in Idaho Code Chapter 45, Chapter 5. PART 7: EXEMPTIONS 12-1-701: Exemptions The provisions of this Chapter shall not apply to the following: A. Rebuilding the same amount of floor space of a structure which is destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two (2)years of its destruction; or B. Remodeling or repairing a structure which does not increase the number of Service Units; or C. Replacing a residential unit, including a Manufactured/Mobile Home, with another residential unit on the same lot;provided that the number of Service Units does not increase; or D. Placing a temporary construction trailer or office on a lot; or E. Constructing an addition on a residential structure which does not increase the number of Service Units; or F. Adding uses that are typically accessory to residential uses, such as a tennis court or a clubhouse,unless it can be clearly demonstrated that the use creates a significant impact on the capacity of System Improvements; or G. The installation of a Modular Building, Manufactured/Mobile Home, or Recreational Vehicle if the Fee Payer can demonstrate by documentation, such as utility bills and tax records, that either: 1. A Modular Building,Manufactured/Mobile Home, or Recreational Vehicle was legally in place on the lot or space prior to the effective date of this Chapter; or 2. A County Jail Impact Fee has been paid previously for the Modular Building, Manufactured/Mobile Home, or Recreational Vehicle on that same lot or space. H. Construction that would otherwise be subject to payment of the County Jail Impact Fee pursuant to this Chapter if undertaken by a taxing entity, as defined in section 63-201,Idaho Code, or by an authorized public charter school, as defined in section 33-5202A, Idaho Code, in the course of carrying out its statutory responsibilities. 12-1-702: Exemption Claim Process An exemption from a County Jail Impact Fee must be claimed on the application by the Developer or Fee Payer upon submitting an application for a Building Permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the Developer or Fee Payer. The City shall refer exemption claims to the County Impact Fee Administrator for determination. PART 8: INDIVIDUAL ASSESSMENTS 12-1-801: Individual Assessment Process Requests for individual assessment shall be processed in accordance with the following: A. In lieu of calculating the amount of the County Jail Impact Fee pursuant to section 12-1- 503 and the Capital Improvements Plan, a Fee Payer may file a request with the County Ada County Jail Development Impact Fees Ordinance 13 that the amount of the required impact fee be determined by the County Impact Fee Administrator through an individual assessment for the proposed Development. A request for an individual assessment process shall involve consideration of studies, data, and any other relevant information submitted by the Fee Payer to adjust the amount of the County Jail Impact Fee. If a Fee Payer files a request for the use of an individual assessment, the Fee Payer shall be responsible for retaining a qualified professional to prepare the individual assessment that complies with the requirements of this Chapter, at the Fee Payer's expense. The Fee Payer shall, at the Fee Payer's expense, bear the burden of proving by clear and convincing evidence that the resulting individual assessment complies with the requirements of this Chapter. The Fee Payer shall bear the burden of proving by clear and convincing evidence that the resulting individual assessment is a more accurate measure of its Proportionate Share of the cost of System Improvements, based on the adopted Levels of Service, than the impact fees that would otherwise be due pursuant to section 12-1-503 of this Chapter and the Capital Improvements Plan. B. Each individual assessment shall be based on the same Level of Service standards and unit costs for System Improvements used in the Capital Improvements Plan,shall use an average cost(not a marginal cost)methodology,and shall document the relevant methodologies and assumptions used. C. A request for an individual assessment shall be delivered and filed with the County Impact Fee Administrator at the time that the number of dwelling units in the proposed Development and the types and amounts of Development in each nonresidential category identified in section 12-1-503 of this Chapter and the Capital Improvements Plan is known. The County Impact Fee Administrator shall issue a written decision within thirty(30) days following receipt of a completed request for individual assessment together with all supporting information from the Fee Payer, so as not to unreasonably delay subsequent applications to the City for Building Permits. D. Each individual assessment request delivered to the County Impact Fee Administrator may then be accepted, rejected, or accepted with modifications by the County Impact Fee Administrator as the basis for calculating the impact fee. The criteria for acceptance, rejection, or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for System Improvements created by the proposed Development, or the costs of those facilities, than the applicable fees shown in section 12- 1-503 of this Chapter and the Capital Improvements Plan. E. The decision by the County Impact Fee Administrator on an application for an individual assessment shall include an explanation of the calculation of the County Jail Impact Fee, shall specify the System Improvements for which the impact fee is intended to be used, and shall include an explanation of those factors identified in I.C. § 67-8207. F. If an individual assessment is accepted or accepted with modifications by the County Impact Fee Administrator,then the County Jail Impact Fee due under this Chapter for such Development shall be calculated and collected according to such individual assessment. G. The County Impact Fee Administrator shall provide notice of final determination of an individual assessment to the Fee Payer and to the City. PART 9: EXTRAORDINARY IMPACTS 12-1-901: Extraordinary Impact Determinations Determinations of Extraordinary Impacts are made as follows: A. In the event the City has reasonable cause to believe that a Development application may Ada County Jail Development Impact Fees Ordinance 14 involve Extraordinary Impacts; it will notify the County Impact Fee Administrator. B. The County Impact Fee Administrator shall review and determine whether the Development application will impose Extraordinary Impact. C. If the County Impact Fee Administrator determines that a proposed Development generates Extraordinary Impact that will result in extraordinary Systems Improvements Costs, the County Impact Fee Administrator will notify the Fee Payer of their determination within thirty (30) days after the County Impact Fee Administrator's receipt of the Development application. Such notice shall include a statement that the potential impacts of such Development on System Improvements are not adequately addressed by the Capital Improvements Plan, and that a supplemental study, at the Fee Payer's expense, will be required. D. Circumstances that may lead to a determination of Extraordinary Impact include,but are not limited to, an indication that the assumptions used in the Capital Improvements Plan underestimate the level of activity or impact on Capital Facilities from the proposed Development or activity. E. Within thirty (30) days following the designation of a Development with Extraordinary Impact, the County Impact Fee Administrator shall meet with the Fee Payer to discuss whether the Fee Payer wants to: 1. Pay for the supplemental study necessary to determine the System Improvements Costs related to the proposed Development; or 2. Modify the Development application to avoid generating Extraordinary Impact; or 3. Withdraw the Development application. F. If the Fee Payer agrees to pay for the supplemental study required to document the proposed Development's Proportionate Share of System Improvements Costs, then the County and the Fee Payer shall jointly select an individual or organization acceptable to both to perform such study. The Fee Payer shall enter into a written agreement with the individual or organization to pay the costs of the study. Such agreement shall require the supplemental study to be completed within thirty(30)days of such written agreement unless the Fee Payer agrees to a longer time. G. Once the study has been completed, the Fee Payer may choose to: 1. Pay the Proportionate Share of System Improvements Costs documented by the supplemental study; or 2. Modify the proposed Development to reduce such costs; or 3. Withdraw the application. H. If the Fee Payer agrees to pay the System Improvements Costs documented in the supplemental study,that agreement shall be reduced to writing between the County and the Fee Payer, prior to review and consideration of any application for any Building Permit related to the proposed Development. I. Notwithstanding any agreement by the Fee Payer to pay the Proportionate Share of System Improvements Costs documented by the supplemental study, nothing in this Chapter shall obligate the City to approve Development that results in an Extraordinary Impact to the County. Ada County Jail Development Impact Fees Ordinance 15 PART 10: DEVELOPER CREDITS AND REIMBURSEMENT 12-1-1001: Developer Credits and Reimbursement Process When a Developer or their predecessor in interest has constructed System Improvements of the same category as a Capital Improvements Element, or contributed or dedicated land or money towards the completion of System Improvements of the same category as a Capital Improvements Element, and the County has accepted such construction,contribution or dedication,the County shall issue a credit, in accordance with the provisions of this Chapter, against the County Jail Impact Fees otherwise due for the same Capital Improvements Element in connection with the proposed Development, as set forth in this section. Credit shall be issued regardless of whether the contribution or dedication to System Improvements was required as a condition of Development or was offered by the Developer and accepted by the County in writing, and regardless of whether the contribution or dedication was contributed by the Developer or by a local improvement district controlled by the Developer. 12-1-1002: Credit Limitations Credits against County Jail Impact Fees shall not be given for: A. Project Improvements; or B. Any construction,contribution,or dedication not agreed to in writing by the County prior to commencement of the construction, contribution, or dedication. Credits issued for one Capital Improvements Element may not be used to reduce the impact fee due for a different capital improvement. No credits shall be issued for System Improvements contributed or dedicated prior to the effective date of this Chapter. 12-1-1003: Valuation of Credit at Present Value The valuation of System Improvements for credit against impact fees shall be in accordance with the following: A. Land. Credit for qualifying land dedications shall, at the Fee Payer's option, be valued at the Present Value of: 1. One hundred(100)percent of the most recent assessed value for such land as shown in the records of the Ada County Assessor; or 2. The fair market value established by a private appraiser acceptable to the County in an appraisal paid for by the Fee Payer. B. Improvements. Credit for qualifying acquisition or construction of System Improvements shall be valued by the County at the Present Value of such improvements based on complete engineering drawings, specifications, and construction cost estimates as submitted by the Fee Payer. The County Impact Fee Administrator shall determine the amount of credit due based on the information submitted, or, if it is determined that such information is inaccurate or unreliable,then on alternative engineering or construction costs acceptable to the County as a more accurate measure of the value of the offered System Improvements. 12-1-1004: When Credits become Effective Credit against County Jail Impact Fees become effective in accordance with the following: A. Land. Approved credits for land dedications shall become effective when the land has been conveyed to the County, in a form acceptable, at no cost, and has been accepted by the County. Upon request of the Fee Payer, the County shall issue a letter stating the amount of credit available. B. Improvements. Approved credits for acquisition or construction of System Improvements Ada County Jail Development Impact Fees Ordinance 16 shall generally become effective when(a)all required construction has been completed and has been accepted by the County, (b) a suitable maintenance and warranty bond has been received and approved by the County, and (c) all design, construction, inspection, testing, bonding,and acceptance procedures have been completed in compliance with all applicable requirements of the City, County,and the State of Idaho. Upon request of the Fee Payer,the County shall issue a letter stating the amount of credit available. 12-1-1005: Credit Request Procedures The following are the procedural requirements for the processing of credit against County Jail Impact Fees: A. Request. In order to obtain a credit against County Jail Impact Fees otherwise due, a Fee Payer shall submit to the County Impact Fee Administrator a written request to dedicate specific parcels of qualifying land or a written offer to contribute or construct specific System Improvements to the Capital Facilities in accordance with all applicable state and local governmental design and construction standards,and shall specifically request a credit for the land dedication or System Improvements offered. B. Review. After receipt of the written request for credit,the County Impact Fee Administrator shall review the request and determine whether the land or System Improvements offered for credit will reduce the costs of providing Capital Facilities by an amount at least equal to the value of the credit. If the County Impact Fee Administrator determines that the offered credit satisfies those criteria and will be acceptable to the County Board of Commissioners, then the credit shall be issued. The review and determination of a written request for credit shall be completed by the County Impact Fee Administrator within thirty (30) days after receipt of a written offer and application for credit. C. Credits exceeding fee amounts due. If the credit due to a Fee Payer exceeds the County Jail Impact Fees that would otherwise be due from the Fee Payer pursuant to this Chapter (whether calculated pursuant to section 12-1-503 of this Chapter or through an independent assessment), the Fee Payer may choose to receive such credit in the form of either: 1. A credit against future County Jail Impact Fees due for the same System Improvements; or 2. A reimbursement from County Jail Impact Fees paid by future Development that impacts the System Improvements contributed or dedicated by the Fee Payer. Unless otherwise stated in an agreement with the Fee Payer, the County shall be under no obligation to use any of its funds other than County Jail Impact Fees paid by other Development for the same System Improvements to reimburse the Fee Payer for any credit in excess of the impact fees that are due. D. If credit or reimbursement is due to the Fee Payer pursuant to this section, the County shall enter into a written agreement with the Fee Payer, negotiated in good faith, prior to the contribution, dedication, or funding of the System Improvements giving rise to the credit. The agreement shall provide for the amount of credit or the amount of time and form of reimbursement, and shall have a term not exceeding ten (10) years. E. The County Impact Fee Administrator's determination on the written request for credit shall be provided to the Fee Payer, City, and the County Board of Commissioners. PART 11: IMPACT FEE PAYMENT MISTAKE OR MISREPRESENTATION 12-1-1101: Incorrect County Jail Impact Fee Payment If County Jail Impact Fees are calculated and paid based on a mistake or misrepresentation, they Ada County Jail Development Impact Fees Ordinance 17 shall be recalculated. Any amounts overpaid by a Fee Payer shall be refunded by the County within thirty(30)days after the acceptance of the recalculated amount,with interest at the legal rate provided for in I.C. § 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the Fee Payer shall be paid to the County,within thirty(30)days after the County Impact Fee Administrator's acceptance of the recalculated amount,with interest at the legal rate provided for in I.C. § 28-22-104 from the date on which the fee was paid. In the case of an underpayment of County Jail Impact Fees, the County Impact Fee Administrator may request the City and the City may withhold issuance of Building Permits or other Development Approvals for the Project for which the impact fees were paid until such underpayment is corrected, and if amounts owed are not paid within such thirty-day period, the County Impact Fee Administrator may also ask the City to revoke any Building Permits or other Development Approvals issued in reliance on the previous payment of such County Jail Impact Fees and refund such fees to the Fee Payer. PART 12: REFUNDS 12-1-1201: Duty to Refund County Jail Impact Fees shall be refunded to the Fee Payer, or to a successor in interest, in the following circumstances: A. Service is available but never provided; or B. A Building Permit or permit for installation of a manufactured home is denied by the City or abandoned; or C. The Fee Payer pays County Jail Impact Fees under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the Proportionate Share to which the County was entitled to receive; or D. The County collected the County Jail Impact Fees and failed to Appropriate or expend the collected fees pursuant to this Chapter and the Act. 12-1-1202: Time for Expenditure; Refund Requirement Any County Jail Impact Fees paid shall be refunded if the County has failed to commence construction of System Improvements in accordance with this Chapter, or to Appropriate funds for such construction, within eight (8) years after the date on which such impact fees were collected. Any refund due shall be paid to the owner of record of the parcel for which the impact fees were paid. The County may hold County Jail Impact Fees for longer than eight (8) years if it is identified in writing and in written notice to the owner of record of the parcel identifying: A. A reasonable cause for why the County Jail Impact Fees should be held longer than eight (8) years; and B. An anticipated date by which the County Jail Impact Fees will be expended,but in no event greater than eleven(11) years from the date the impact fees were collected. 1. If the County fails to comply with subsection(A)or(B), fails to commence construction of System Improvements in accordance with the written notice, or fails to Appropriate funds for such construction on or before the date identified in the written notice, then any County Jail Impact Fees so identified shall be refunded to the Fee Payer or to a successor in interest. 12-1-1203:No Refund Due for Subsequent Reduction in Size of Development or Service Units After County Jail Impact Fees have been paid pursuant to this Chapter and after a certificate of occupancy has been issued by the City, no refund of any part of such fee shall be made if the Project for which the fee was paid is later demolished,destroyed,or is altered,reconstructed,or reconfigured Ada County Jail Development Impact Fees Ordinance 18 so as to reduce the size of the Project or the number of units in the Project. 12-1-1204: Interest Each refund shall include a refund of interest at one-half the legal rate provided for in I.C. § 28-22- 104 from the date on which the County Jail Impact Fee was originally paid. 12-1-1205: Timing. The County Impact Fee Administrator shall make a determination of whether a refund is due within thirty(30)days after receipt of a written request for a refund from the owner of record of the property for which the fee was paid. When the right to a refund exists,the County shall send the refund to the owner of record within ninety(90) days after it determines that a refund is due. PART 13: DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TRUST FUND - EXPENDITURES, BUDGET,AUDIT,AND SURCHARGE 12-1-1301: Establishment of Development Impact Fee Capital Projects Trust Fund by County The County shall establish a Trust Fund for the purpose of ensuring that all County Jail Impact Fees collected pursuant to this Chapter are used to address impacts reasonably attributable to new Development for which the impact fees are paid. The Trust Fund shall be maintained in one (1) or more Accounts.All funds in all Accounts in the Trust Fund shall be maintained in an interest-bearing account. The interest earned on each Account pursuant to I.C. § 67-8210(1) shall not be governed by I.C. § 57-127, as amended,but shall be considered funds of the Account and shall be subject to the same restrictions on uses of funds as the impact fees on which the interest is generated. 12-1-1302: Trust Fund Deposits and Accounting All monies paid by a Fee Payer, pursuant to this Chapter, shall be identified as County Jail Impact Fees and shall be promptly deposited by the County Impact Fee Administrator in the appropriate Account of the Trust Fund. A. First-in/first-out. Monies in each Account shall be spent in the order collected, on a first- in/first-out basis. B. Maintenance of Records. The County shall maintain and keep accurate financial records for each Account that shall show the source and disbursement of all revenues, account for all monies received, ensure that the disbursement of funds from each Account shall be used solely and exclusively for the provisions of Projects specified in the Capital Improvements Plan, and provide an annual accounting for each Account showing the source and amount of all funds collected and the Projects that were funded. C. Accounting Principles. The calculation of impact fees shall be in accordance with generally accepted accounting principles. Impact fees shall not be deemed invalid because payment of impact fees may result in an incidental benefit to owners or Developers within the Service Area other than the Fee Payer. 12-1-1303: Expenditure Eligibility Expenditures of County Jail Impact Fees collected and deposited in the Trust Fund shall be made only for System Improvements within the Service Area for which the impact fees were collected in accordance with the Capital Improvements Plan. 12-1-1304: Annual Capital Budget The County shall annually adopt a capital budget in accordance with the Act. Ada County Jail Development Impact Fees Ordinance 19 12-1-1305: Monies in Trust Fund not Expended Carried Over from Fiscal Year to Fiscal Year Any monies, including any accrued interest, not assigned to specific System Improvements within such Capital Improvements Plan and not expended or refunded shall be retained in the same Account until the next fiscal year. 12-1-1306: Annual Audit Report As part of their annual audit process, the County shall prepare an annual report: A. Describing the amount of all County Jail Impact Fees collected, appropriated, or spent during the preceding year by category of Public Facility and Service Area; and B. Describing the percentage of taxes and revenues from sources other than the impact fees collected, appropriated, or spent for System Improvements during the preceding year by category of Public Facility and Service Area. 12-1-1307 Surcharge Reimbursement A portion of each County Jail Impact Fee collected pursuant to this Chapter shall be designated as a surcharge for reimbursement for the cost of preparing the Capital Improvements Plan in accordance with I.C. § 67-8208. The surcharge shall not exceed the Development's Proportionate Share of the cost of preparing the Capital Improvements Plan. PART 14: APPEALS/MEDIATION 12-1-1401: Appeals to County Board of Commissioners Any Fee Payer who is or may be obligated to pay a County Jail Impact Fee under this Chapter who claims a right to receive a refund, reimbursement, exemption, or credit under this Chapter or is otherwise dissatisfied with a decision made by the County Impact Fee Administrator in applying this Chapter, may appeal such decision to the County Board of Commissioners in accordance with Interagency Agreement and the following process: A. The Fee Payer shall have the burden of demonstrating that the decision was in error. B. In order to pursue the appeal described in this subsection,the Fee Payer shall file a written notice of appeal with the County Impact Fee Administrator within thirty (30) days after the date of the County Impact Fee Administrator's decision, or the date on which the Fee Payer submitted a payment of the County Jail Impact Fees under protest, whichever is later. Such written notice of appeal shall include a statement describing why the Fee Payer believes that the appealed decision was in error, together with copies of any documents that the Fee Payer believes support the claim. C. The County Board of Commissioners shall hear the appeal within sixty (60) days after receipt of a written notice of appeal. The Fee Payer shall have a right to be present and to present evidence in support of the appeal. The County Impact Fee Administrator shall likewise have the right to be present and to present evidence in support of their decision. The criteria to be used by the County Board of Commissioners in considering the appeal shall be whether: 1. The decision or interpretation made by the County Impact Fee Administrator or the alternative decision or interpretation offered by the Fee Payer more accurately reflects the intent of this Chapter that new Development in the Service Area pay its Proportionate Share of the costs of System Improvements to the County's facilities necessary to serve new Development and whether the provisions of this Chapter have been correctly applied. The County Commissioners shall issue a decision upholding, Ada County Jail Development Impact Fees Ordinance 20 reversing,or modifying the decision being appealed within thirty(30)days after hearing the appeal. 12-1-1402: Appeals to City Council Any Fee Payer who is or may be obligated to pay a County Jail Impact Fee which is established by the City and is subject to an Intergovernmental Agreement, and who claims a right to receive a refund, reimbursement, exemption, or credit under this Chapter or is otherwise dissatisfied with a decision made by the County Impact Fee Administrator or the decision of the County Board of Commissioners in applying this Chapter, may appeal such decision to the City Council. A. The Fee Payer shall have the burden of demonstrating that the County Impact Fee Administrator's or the County Board of Commissioners' decision was in error. B. In order to pursue the appeal described in this subsection, the Fee Payer shall file a written notice of appeal with the City Clerk within thirty (30) days after the date of the County Board of Commissioners' decision. Such written notice of appeal shall include a statement describing why the Fee Payer believes that the appealed decision of the County Impact Fee Administrator or the County Board of Commissioners was in error,together with copies of any documents that the Fee Payer believes support the claim. The City Clerk shall within three (3)business days deliver the notice of appeal together with copies of any documents filed with it to the County Impact Fee Administrator. C. The City Council shall hear the appeal within sixty(60)days after receipt by the City Clerk of a written notice of appeal. The Fee Payer shall have a right to be present and to present evidence in support of the appeal. The County Impact Fee Administrator or designee shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the City Council in considering the appeal shall be whether: 1. The decision or interpretation made by the County Impact Fee Administrator or the County Board of Commissioners' decision on appeal or the alternative decision or interpretation offered by the Fee Payer more accurately reflects the intent of this Chapter that new Development pay its Proportionate Share of the costs of System Improvements to facilities necessary to serve new Development and whether the provisions of this Chapter have been correctly applied. The City Council shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty (30) days after hearing the appeal. 12-1-1403: Mediation Any Fee Payer that has a disagreement with the County Impact Fee Administrator regarding an impact fee determination that is or may be due for a proposed Development pursuant to this Chapter may enter into a voluntary agreement with the County to submit the disagreement to mediation by a qualified independent party acceptable to both the Fee Payer and the County. A. Mediation may take place at any time following the filing of a timely appeal pursuant to sections 12-1-1401 and 12-1-1402, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to section 12-1-1402. Applicable time periods provided in sections 12-1-1401 and 12-1-1402 are tolled during mediation. B. Participation in mediation does not preclude the Fee Payer from pursuing other remedies provided for in I.C. § 67-8212. C. If mediation is requested, any related mediation costs shall be shared equally by the Fee Payer and the County, and a written agreement regarding the payment of such costs shall Ada County Jail Development Impact Fees Ordinance 21 be executed prior to the commencement of mediation. D. In the event that mediation does not resolve the issues, the Fee Payer retains all rights to seek relief from a court of competent jurisdiction. PART 15: MISCELLANEOUS PROVISIONS 12-1-1501: No Requirement of the City to Approve Extraordinary Impact Development Nothing in this Chapter shall obligate the City to approve Development which results in an Extraordinary Impact. 12-1-1502: City Not Obligated to Approve Development that Reduces Levels of Service Nothing in this Chapter shall obligate the City to approve any Development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in this Chapter. 12-1-1503: No Additional Right to Develop Created by this Chapter Nothing in this Chapter shall be construed to create any additional right to develop real property or diminish the City in regulating the orderly development of real property within its boundaries. 12-1-1504: No Limit on City's Authority Nothing in this Chapter limits the use of the City's power of eminent domain or supersedes or conflicts with requirements or procedures authorized in the Idaho Code for local improvement district or general obligation bond issues. 12-1-1505: Agreements Between Property Owners, Idaho Transportation Department (ITD), and other Governmental Entities for Construction or Installation of System Improvements Nothing in this Chapter shall be construed to prevent or prohibit private agreements between property owners or Developers,the Idaho Transportation Department, and governmental entities in regards to the construction or installation of System Improvements or providing for credits or reimbursements for System Improvements Costs incurred by a Developer including inter-project transfers of credits or providing for reimbursement for Project Improvements which are used or shared by more than one (1)Development Project. 12-1-1506: Plan for Alternative Sources of Revenue The County shall develop a plan for alternative sources of revenue, which shall include but not necessarily be limited to a plan generated during its annual budget process. These alternative sources of revenue may include tax increment financing, user fees, administrative and regulatory fees, and other forms of revenue. 12-1-1507: Safety Codes and Other Rules Applicable to Project Improvements Nothing in this Chapter shall prevent the City from requiring a Developer to construct reasonable Project Improvements, as are required by applicable safety codes and other rules that are adopted which it has jurisdiction to enforce in conjunction with a Development. 12-1-1508: Development Approved by the City Prior to the Effective Date of this Chapter Not Subject to County Jail Impact fees Notwithstanding any other provision(s)of this Chapter,that portion of a Project for which a complete application for a Building Permit has been received by the City, prior to the effective date of this Ada County Jail Development Impact Fees Ordinance 22 Chapter, shall not be subject to a County Jail Impact Fee imposed by this Chapter. If the resulting Building Permit is later revised or replaced after the effective date of the ordinance codified in this Chapter, and the new Building Permit(s) reflects a Development with density, intensity, size or number of units more than ten(10)percent higher than reflected in the original Building Permit,then the impact fee may be charged on the difference in density, intensity,size or number of units between the original and the revised or replacement Building Permit. 12-1-1509: Punishment Violation of this Chapter shall be subject to those remedies provided in this Code. Knowingly furnishing false information to any official of the City or County charged with the administration of this Chapter on any matter relating to the administration of this Chapter including,without limitation, the furnishing of false information regarding the expected size or use of a proposed Development, shall be a violation of this Chapter. 12-1-1510: Liberal Construction All provisions, terms,phrases, and expressions contained in this Chapter shall be liberally construed in order that the true intent and meaning of the Act may be fully carried out by the City Council and the County Board of Commissioners. SECTION 2: ORDINANCE LIMITED This ordinance is limited to Title 12, Chapter 1, of the Meridian City Code only. All other provisions of the Meridian City Code shall remain unchanged. SECTION 3: EFFECTIVE DATE OF ORDINANCE This ordinance shall take effect and be in full force and effect on the 301h day following its passage, approval, and publication. PASSED by the City Council of the City of Meridian, Idaho, this 23rd day of June , 2026. APPROVED by the Mayor of the City of Meridian, Idaho,this 23rd day of June , 2026. APPROVED: ATTEST: Robert E. Simison,Mayor Chris Johnson, City Clerk Ada County Jail Development Impact Fees Ordinance 23 CERTIFICATION OF SUMMARY: William L. M.Nary, City Attorney of the City of Meridian,Idaho,hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M.Nary SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 26-2126 An ordinance adding a new Title 12 called "Countywide Development Impact Fees" to the Meridian City Code and adding thereto a new Chapter 1 called"Ada County Jail Development Impact Fees" that provides for a short chapter title; authority, findings, applicability, and purpose; definitions; capital improvements plan; periodic review of capital improvements plan; intergovernmental agreement with Ada County; imposition of impact fees and payment; enforcement and collection; county impact fee administrator and City powers to require payment of impact fees;development impact fee(s)exemptions; process for individual assessment; extraordinary impacts; developer credits and reimbursements; impact fee payment mistake or misrepresentation; fee payer refunds; development impact fee capital projects trust fund, expenditures,budget, audit, and surcharge; appeals and mediation; miscellaneous provisions; punishment for violations; construction of ordinance intent; ordinance limitations; and effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. Ada County Jail Development Impact Fees Ordinance 24 W IDIAN� AGENDA ITEM ITEM TOPIC: Second Reading of Ordinance No. 26-2127: An Ordinance Amending the Meridian City Code by the Addition Thereto of a New Chapter 2 to Title 12 Called "Ada County Emergency Medical Services District Development Impact Fees" Providing for Short Chapter Title; Authority, Findings, Applicability, and Purpose; Definitions; Capital Improvements Plan; Periodic Review of the Capital Improvements Plan; Intergovernmental Agreement with EMS District; Imposition of EMS Impact Fees and Payment; Enforcement and Collection; EMS District Impact Fee Administrator and City Powers to Require Payment of EMS Impact Fees; EMS Impact Fee(s) Exemptions; Process for Individual Assessment; Extraordinary Impacts; Developer Credits and Reimbursements; EMS Impact Fee Payment Mistake or Misrepresentation; Fee Payer Refunds; EMS Impact Fee Capital Projects Trust Fund, Expenditures, Budget, Audit, and Surcharge; Appeals and Mediation; Miscellaneous Provisions; Punishment for Violations; Construction of Ordinance Intent; and Providing an Effective Date CITY OF MERIDIAN ORDINANCE NO. 26-2127 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK AN ORDINANCE AMENDING THE MERIDIAN CITY CODE BY THE ADDITION THERETO OF A NEW CHAPTER 2 TO TITLE 12 CALLED"ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT DEVELOPMENT IMPACT FEES" PROVIDING FOR: • SHORT CHAPTER TITLE,AND • AUTHORITY,FINDINGS,APPLICABILITY,AND PURPOSE; AND • DEFINITIONS; AND • CAPITAL IMPROVEMENTS PLAN; AND • PERIODIC REVIEW OF THE CAPITAL IMPROVEMENTS PLAN; AND • INTERGOVERNMENTAL AGREEMENT WITH EMS DISTRICT; AND • IMPOSITION OF EMS IMPACT FEES AND PAYMENT; AND • ENFORCEMENT AND COLLECTION; AND • EMS DISTRICT IMPACT FEE ADMINISTRATOR AND CITY POWERS TO REQUIRE PAYMENT OF EMS IMPACT FEES; AND • EMS IMPACT FEE(S)EXEMPTIONS; AND • PROCESS FOR INDIVIDUAL ASSESSMENT; AND • EXTRAORDINARY IMPACTS;AND • DEVELOPER CREDITS AND REIMBURSEMENTS; AND • EMS IMPACT FEE PAYMENT MISTAKE OR MISREPRESENTATION; AND • FEE PAYER REFUNDS; AND • EMS IMPACT FEE CAPITAL PROJECTS TRUST FUND, EXPENDITURES,BUDGET,AUDIT,AND SURCHARGE; AND • APPEALS AND MEDIATION; AND • MISCELLANEOUS PROVISIONS; AND • PUNISHMENT FOR VIOLATIONS; AND • CONSTRUCTION OF ORDINANCE INTENT; AND • PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1. That the Meridian City Code be amended by adding a new Chapter 2 to Title 12 called "Ada County Emergency Medical Services District Development Impact Fees Ordinance" to read as follows: 1 EMS District Development Impact Fees Ordinance CHAPTER 2 ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT DEVELOPMENT IMPACT FEES PART 1: SHORT CHAPTER TITLE,AUTHORITY,FINDINGS,APPLICABILITY,AND PURPOSE: 12-2-101: SHORT CHAPTER TITLE This Chapter shall be known and may be cited as the Ada County Emergency Medical Services District Development Impact Fees Ordinance. 12-2-102: CITY AUTHORITY This ordinance is enacted pursuant to the City's general police powers, its authority to enact ordinances,and its authority as provided by the Idaho Development Impact Fee Act codified at Chapter 82 of Title 67, Idaho Code (the "Act") and other applicable laws of the state of Idaho to impose development impact fees,which includes the establishment and collection of development impact fees pursuant to its authority to enter into an intergovernmental agreement with the Ada County Emergency Medical Services District (the "EMS District") as provided for in Idaho Code § 67-8204A. 12-2-103: EMS DISTRICT AUTHORITY A. The EMS District is an ambulance service district formed and existing pursuant to I.C. § 31-3901 et seq., and has authority to provide ambulance service and advanced life support emergency medical services throughout the EMS District's boundaries, which encompasses all of Ada County including the incorporated cities located in Ada County. B. The EMS District has authority to enter into an intergovernmental agreement with the City as provided for in Idaho Code§ 67-8204A in order to establish its EMS Impact Fees within the City. 12-2-104: FINDINGS A. Cities are"governmental entities"empowered to impose and collect development impact fees pursuant to the provisions of I.C. §§ 67-8202(5) and 67-8203(14). B. Effective July 1,2026, ambulance service districts are"governmental entities"empowered to impose and collect development impact fees pursuant to the provisions of Idaho Code §§ 67-8202(5)&67-8203(14). C. The EMS District and City are experiencing considerable new growth and development, which new growth affects the ability of the EMS District to provide adequate EMS public facilities (the "Public Facilities") to serve persons and property within the EMS District, including persons and property within the City. D. The ability of the EMS District to provide such adequate Public Facilities jointly affects both the EMS District and the City. E. The City and the EMS District are each experiencing considerable growth and development. 2 EMS District Development Impact Fees Ordinance F. The purposes of the Act are as follows: 1. Ensure that adequate Public Facilities are available to serve new growth and development; 2. Promote orderly growth and development by establishing uniform standards by which local governments, such as the City and the EMS District, may require those who benefit from new growth and development pay their Proportionate Share of the costs of new Public Facilities needed to serve that new growth and development; 3. Establish minimum standards for adoption of development impact fee ordinances; 4. Ensure that those who benefit from new growth and development are required to pay no more than their Proportionate Share of the cost of Public Facilities needed to serve that new growth and development and to prevent duplicate and ad hoc Development Requirements; and 5. To empower governmental entities to adopt ordinances to impose development impact fees. G. The Act provides,pursuant to I.C. § 67-8204A, in circumstances where the City and the EMS District are both affected by the considerable Development as is occurring within the City, that the City and the EMS District may enter into an intergovernmental agreement for the purpose of agreeing to collect and expend development impact fees for System Improvements which provides for a funding mechanism for those System Improvements Costs incurred by the EMS District to meet the demand and growth occurring within the City and which promotes and accommodates orderly growth and Development and protects the public health, safety and general welfare of the residents within the boundaries of the City. H. New growth within the City is expected to continue and will place increased demands on the EMS District to provide and expand its Public Facilities to serve that new growth. The tax revenues generated from new Development within the City often do not generate sufficient funds to provide the necessary improvements and expansion of the EMS District's existing Public Facilities to accommodate that new growth. I. Section 67-8204A of the Act authorizes the City to adopt a development impact fee system and to enter into intergovernmental agreements with the EMS District to offset, recoup, or reimburse the portion of the costs of needed improvements to EMS District Public Facilities caused by new growth and Development in the City. J. The creation of an equitable development impact fee system facilitated by the Intergovernmental Agreement between the City and the EMS District will promote the purposes set forth in the Act, in that it will: (a) ensure that the EMS District has adequate capital facilities which are available to serve new growth and Development; (b)promote orderly growth and Development by establishing uniform standards by which the City may require that those who benefit from new growth and Development pay a Proportionate Share of the cost of the EMS District's capital facilities needed to serve new growth and Development in the City; (c) establish minimum standards for the adoption of EMS Impact Fees; (d) ensure that those who benefit from new growth and Development are required to pay no more than their Proportionate Share of the cost of the EMS District's capital facilities needed to serve new growth and Development in the City; and(e)prevent duplicate and ad hoc Development Requirements in the City. 3 EMS District Development Impact Fees Ordinance K. The Capital Improvements Plan contains System Improvements planned by the EMS District during the term of its Capital Improvements Plan, and such element has been developed in conformance with the requirements of the Act. L. The Capital Improvements Plan sets forth reasonable methodologies and analyses for determining the impacts of various types of new Development on the EMS District's Public Facilities and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such facilities created by new Development. M. In accordance with the Act, the Capital Improvements Plan was based on actual System Improvements Costs or reasonable estimates of such costs. In addition, the Capital Improvements Plan uses a fee calculation methodology that is net of credits for the Present Value of revenues that will be generated by new growth and Development based on historical funding patterns and that are anticipated to be available to pay for System Improvements, including taxes, assessments, user fees, and intergovernmental transfers. N. The EMS Impact Fees established by this Chapter are based on the EMS District's Capital Improvements Plan, and do not exceed System Improvements Costs to serve new Development that will pay the EMS Impact Fees. O. The EMS District's capital facilities, included in the calculation of the fees in its Capital Improvements Plan, will benefit all new Development throughout the City, and it is therefore appropriate to treat all areas of the City as a single Service Area for purposes of calculating, collecting, and spending the EMS Impact Fees collected from Developers. P. There is both a rational nexus and a rough proportionality between Development impacts created by each type of Development covered by this Chapter, the development impact fees assessment of such Development covered by this Chapter, and the development impact fees that Developers will be required to pay. Q. This Chapter creates a system by which development impact fees paid by Developers will be used to finance,defray,or reimburse a portion of the costs incurred by the EMS District to construct and/or purchase System Improvements in ways that benefit the Development for which the development impact fee was paid within a reasonable period of time after the development impact fee is paid, and in conformance with I.C. § 67-8210. R. This Chapter creates a system under which development impact fees shall not be used to correct existing deficiencies for any Public Facilities, or to replace or rehabilitate existing Public Facilities, or to pay for routine operation or maintenance of those facilities. S. This Chapter creates a system under which there shall be no double payment of development impact fees, in accordance with I.C. § 67-8204(19). T. This Chapter is consistent with all applicable provisions of the Act concerning development impact fee ordinances. 12-2-105: APPLICABILITY Except as otherwise exempted in section 12-2-701, the provisions of this Chapter shall apply to the development of property located within the boundaries of the City of Meridian, Idaho. 12-2-106: PURPOSE A. This Chapter is adopted to be consistent with, and to help implement, the Capital Improvements Plan. B. The intent of this Chapter is to ensure that new Development bears a Proportionate Share 4 EMS District Development Impact Fees Ordinance of the cost of System Improvements; to ensure that such Proportionate Share does not exceed the cost of such System Improvements required to accommodate new Development; and to ensure that funds collected from new Development are used for System Improvements in accordance with the Act. C. It is the further intent of this Chapter to be consistent with those principles for allocating a fair share of the cost of System Improvements to new Development, and for adopting development impact fee ordinances, as established by the Act. D. It is not the intent of this Chapter to collect any money from any new Development that exceeds the actual amount necessary to offset new demands for System Improvements created by such new Development. E. It is the intent of this Chapter that any monies collected, as imposed EMS Impact Fees, are deposited in the proper Development Impact Fee Capital Projects Trust Fund Account, are never commingled with monies from a different impact fee Accounts, are never used for a development impact fee component different from that for which the fee was paid, are never used to correct current deficiencies in any EMS District facilities,and are never used to replace or rehabilitate EMS District facilities when it does not increase capacity, or be used to maintain or operate any EMS District facilities. PART 2: DEFINITIONS 12-2-201: DEFINITIONS As used in this Chapter,the following words and terms shall have the following meanings, unless another meaning is plainly intended and words and terms appearing in the singular number include the plural and the plural the singular: ACCOUNTS shall mean any of one or more interest bearing accounts within the Development Impact Fee Capital Projects Trust Fund established in Part 13 of this Chapter. ADVISORY COMMITTEE shall mean the Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee established and identified in the Intergovernmental Agreement which is formed and staffed pursuant to I.C. § 67-8205 to prepare and recommend the Capital Improvements Plan and any amendments, revisions, or updates of the same. ACT shall mean the Idaho Development Impact Fee Act as set forth in Chapter 82 of Title 67, Idaho Code. APPROPRIATE shall mean to legally obligate by contract or otherwise commit to the expenditure of funds by appropriation or other official act of the EMS District Board of Commissioners. BUILDING PERMIT shall mean the City permit required for new construction and additions under Title 10 of the Meridian City Code. CAPITAL IMPROVEMENTS shall mean improvements with a useful life of ten(10) years or more, by new construction or other action, which increases the service capacity of EMS District Capital Facilities. CAPITAL IMPROVEMENTS ELEMENT shall mean a component of the Capital Improvements Plan identified in the EMS District's CIP adopted by its governing board and the City Council pursuant to Chapters 65 and 82 of Title 67, Idaho Code, and as amended, which component meets the requirements of the Capital Improvements Plan required by the Act. CAPITAL IMPROVEMENTS PLAN shall mean an impact fee study and capital improvements 5 EMS District Development Impact Fees Ordinance plan, which has been recommended by the Advisory Committee and adopted by the EMS District Board of Commissioners and the City Council pursuant to the Act that identifies the EMS District Capital Facilities for which the EMS Impact Fees may be used as a funding source. CITY shall mean the City of Meridian, Idaho. CITY COUNCIL shall mean the City Council of the City of Meridian. DEVELOPER shall mean any person or legal entity undertaking Development including a Development that seeks an annexation into the City and/or undertakes the subdivision of property pursuant to I.C. §§ 50-1301 through 50-1334, as amended. DEVELOPMENT shall mean any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for Public Facilities or the annexation into the City and/or subdivision of property that would permit any change in the use, character or appearance of land. DEVELOPMENTAPPROVAL shall mean any written duly authorized document from the City which authorizes the commencement of a Development. DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TR UST FUND OR TR UST FUND shall mean the Ada County Emergency Medical Services District Development Impact Fee EMS Capital Projects Fund(or EMS Capital Projects Fund) established by action of the EMS District Board of Commissioners. DEVELOPMENT REQUIREMENTS shall mean a requirement attached to a Developmental Approval or other City governmental action approving or authorizing a particular Development. EMS DISTRICT shall mean the Ada County Emergency Medical Services District. EMS DISTRICT BOARD OF COMMISSIONERS shall mean the Board of Commissioners of the EMS District, which is the EMS District's governing board. EMS DISTRICT CAPITAL FACILITIES shall mean Public Facilities which are identified in the Capital Improvements Plan, and specifically including those related costs including System Improvements Costs,but not including maintenance, operations, or improvements that do not expand capacity. EMS DISTRICT IMPACT FEE ADMINISTRATOR shall mean the person appointed by the EMS District Board of Commissioners to administer the imposition of EMS Impact Fees in accordance with the Act and the Intergovernmental Agreement. EMS IMPACT FEES shall mean a payment of money imposed as condition of Development Approval to pay for a Proportionate Share of the EMS District's costs of System Improvements needed to serve the Development. The term does not include the following: • A charge or fee to pay the administrative plan review or inspection cost associated with permits required for Development; • Connection or hookup charges; • Availability charges for drainage, sewer, water or transportation charges for services provided directly to the Development; or • Amounts collected from a Developer in a transaction in which the EMS District has incurred expenses in constructing Capital Improvements for the Development if the owner or Developer has agreed to be financially responsible for the construction or installation of those Capital Improvements,unless a written agreement is made,pursuant to I.C. § 67- 8209(3) as amended, for credit or reimbursement. 6 EMS District Development Impact Fees Ordinance EXTRAORDINARY COSTS shall mean those costs incurred as result of an Extraordinary Impact. EXTRA ORDINAR YIMPA CT shall mean an impact which is reasonably determined by the EMS District Impact Fee Administrator to: (i)result in the need for System Improvements, the cost of which will significantly exceed the sum of the EMS Impact Fees to be generated from the Development or the sum agreed to be paid pursuant to a development agreement as allowed by I.C. § 67-8214(2), as amended; or(ii)result in the need for System Improvements which are not identified in the Capital Improvements Plan. FEE PAYER shall mean the person who pays or is required to pay EMS Impact Fees. A Fee Payer may include a Developer. INTERGOVERNMENTAL AGREEMENT shall mean the most recent Ada County Emergency Medical Services District and City of Meridian Intergovernmental Agreement for the Collection and Expenditure of Development Impact Fees for the Ada County Emergency Medical Services District on Development Within the Municipal Boundaries of the City of Meridian entered into by and between the City and the EMS District pursuant to I.C. § 67-8204A for the collection and expenditure of EMS Impact Fees established pursuant to this Chapter. LAND USE ASSUMPTIONS shall mean a description of the Service Area and projections of land uses, densities, intensities and population in the Service Area over at least a ten-year period. LEVEL OF SERVICE shall mean a measure of the relationship between service capacity and service demand for Public Facilities. MANUFACTURED/MOBILE HOME shall mean a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one (1) or more sections, which, in the traveling mode, is eight(8) feet or more in width or is forty(40)body feet or more in length, or when erected on site, is three hundred twenty(320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in such structure, except that such term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 et seq. MODULAR BUILDING shall mean any building or building component other than a Manufactured/Mobile Home, which is constructed according to the International Building Code, as adopted or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. PRESENT VALUE shall mean the total current monetary value of past,present or future payments, contributions or dedications of goods, services, materials, construction or money. PROJECT shall mean a particular Development on an identified lot or parcel of land. PROJECT IMPROVEMENTS, in contrast to System Improvements, shall mean site improvements and facilities that are planned and designed to provide service for a particular Project and that are necessary for the use and convenience of the occupants or users of the Project. PROPORTIONATE SHARE shall mean that portion of System Improvements Costs determined pursuant to I.C. § 67-8207 which reasonably relates to the service demands and needs of the Project. PUBLIC FACILITIES shall mean land,buildings and equipment used for EMS purposes which have a useful life of ten (10) years or more. RECREATIONAL VEHICLE shall mean a vehicular type primarily designed as temporary 7 EMS District Development Impact Fees Ordinance quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. SERVICE AREA shall mean the defined geographic area in the adopted Capital Improvements Plan including the geographic area within the City as identified by the EMS District in which specific Public Facilities provide service to Development within the areas defined, on the basis of sound planning or engineering principles or both. For purposes of this Chapter, there shall be one Service Area which includes all of the City of Meridian. SERVICE UNIT shall mean a standardized measure of consumption,use, generation or discharge attributable to an individual unit of Development calculated in accordance with generally accepted engineering or planning standards for a particular category of Capital Improvements. As specifically used in this Chapter, Service Units include residential dwelling units as defined in the Unified Development Code of the City of Meridian and square feet of nonresidential Development. SYSTEM IMPROVEMENTS, in contrast to Project Improvements, shall mean Capital Improvements to Public Facilities which are designed to provide service to a Service Area. For the purpose of this Chapter, System Improvements are for EMS District Capital Facilities. SYSTEM IMPROVEMENTS COSTS shall mean costs incurred for construction or reconstruction of System Improvements, including design, acquisition, engineering and other costs, and also including,without limitation, the type of costs described in I.C. § 50-1702(h), as amended, to provide additional Public Facilities needed to service new growth and Development. For clarification, System Improvements Costs do not include: • Construction, acquisition or expansion of Public Facilities other than Capital Improvements identified in the Capital Improvements Plan; • Improvements,repair, operation or maintenance of existing or new capital; • Upgrading, updating, expanding or replacing existing Capital Improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; • Upgrading, updating, expanding or replacing existing Capital Improvements to provide better service to existing development; • Administrative and operating costs of the EMS District unless such costs are attributable to development of the Capital Improvements Plan, as provided in I.C. § 67-8208, as amended; and • Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the EMS District to finance Capital Improvements identified in the Capital Improvements Plan. PART 3: CAPITAL IMPROVEMENTS PLAN 12-2-301: Proportionate Determination Methodology EMS Impact Fees imposed by this Chapter are determined by the approved Capital Improvements Plan and shall not exceed a Proportionate Share of the cost of the System Improvements determined in accordance with I.C. § 67-8207, as amended. EMS Impact Fees shall be based on actual System Improvements Costs or reasonable estimates of such costs, and shall be calculated using the methodology contained in the Capital Improvements Plan which complies with the following: A. Based on a reasonable and fair formula or method under which the impact fees imposed do not exceed a Proportionate Share of the costs incurred or to be incurred by the EMS District in 8 EMS District Development Impact Fees Ordinance the provision of System Improvements to serve the new Development. The Proportionate Share is the costs attributable to the new Development after the consideration of the following: 1. Any appropriate credit, offset or contribution of money, dedication of land or construction of System Improvements; 2. Payments reasonably anticipated to be made by or as a result of a new Development in the form of user fees and debt service payments; 3. That portion of general tax or other revenues allocated by the EMS District to System Improvements; and 4. All other available sources of funding for such System Improvements. B. In determining the Proportionate Share of the cost of System Improvements to be paid by the Developer, the following factors shall be considered and accounted for in the calculation of the impact fees: 1. The costs of existing System Improvements within the Service Area; 2. The means by which existing System Improvements have been financed; 3. The extent to which the new Development will contribute to System Improvements costs through taxation, assessments, or Developer or landowner contributions, or has previously contributed to System Improvements costs through Developer or landowner contributions; 4. The extent to which the new Development is required to contribute to the cost of existing System Improvements in the future; 5. The extent to which the new Development should be credited for providing System Improvements without charge to other properties within the Service Area; 6. Extraordinary Costs, if any, incurred in serving the new Development; 7. The time and price differential inherent in a fair comparison of fees paid at different times; and 8. The availability of other sources of funding System Improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation. C. EMS Impact Fees shall be calculated on the basis of levels of service for Public Facilities adopted in this Chapter that are applicable to existing Development as well as new growth and Development. The construction, improvement, expansion or enlargement of new or existing Public Facilities for which the impact fees are imposed must be attributable to the capacity demands generated by the new Development. 12-2-302: Service Area The Service Area includes all areas identified and defined in the approved Capital Improvements Plan. 12-2-303: Review and Modification of Capital Improvements Plan The EMS District shall, at least once every five (5) years, commencing from the date of the original adoption of the Capital Improvements Plan, review Development potential and update the Capital Improvements Plan in cooperation with the City and in accordance with the procedures set forth in the Act, as amended. Each update shall be prepared by the EMS District Impact Fee Administrator in consultation with the Advisory Committee. 9 EMS District Development Impact Fees Ordinance PART 4 INTERGOVERNMENTAL AGREEMENT 12-2-401: Authority to Enter into Intergovernmental Agreements The City is a governmental entity that is empowered by the Act to adopt development impact fee ordinances and is authorized by I.C. § 67-8204A to enter into an Intergovernmental Agreement with the EMS District for the purpose of developing joint plans for capital improvements and for the purpose of agreeing to collect and expend development impact fees for System Improvements. 12-2-402: City and EMS District Intergovernmental Agreement The City has entered into an Intergovernmental Agreement with the EMS District which Intergovernmental Agreement is in full force and effect. 12-2-403: EMS District Subject to this Chapter The Intergovernmental Agreement complies with this Chapter and requires the EMS District to be governed by and to fully abide by the provisions of this Chapter. 12-2-404: Amendments to Intergovernmental Agreement Any amendments to the Intergovernmental Agreement shall be implemented by corresponding relevant amendments of this Chapter which amendments shall not apply to any EMS Impact Fees previously collected not yet expended and currently held in the Trust Fund. PART 5: IMPOSITION OF EMS IMPACT FEES AND PAYMENT 12-2-501: EMS Impact Fees Imposed EMS Impact Fees are hereby imposed on all new Development within the Service Area, as defined in the Capital Improvements Plan, in accordance with the impact fee schedules as set forth in this Part of this Chapter. 12-2-502: Impact Fee Calculation The EMS Impact Fees shall be calculated in accordance with the impact fee schedule set forth in the Capital Improvements Plan which provides for standard fees based on the total number of dwelling units or square feet of nonresidential space in the Development, unless: A. The Fee Payer requests an individual assessment pursuant to Part 8 of this Chapter; or B. The Development will have an Extraordinary Impact pursuant to Part 9 of this Chapter. The methodology for determining the costs per Service Unit provided for in the fee schedule is set forth in the Capital Improvements Plan. 10 EMS District Development Impact Fees Ordinance 12-2-503: Impact Fees Schedule The EMS Impact Fees for the various land uses per unit of Development are set forth in the following impact fees schedule and shall take effect the 30th day following verification that all the incorporated cities within Ada County have adopted ordinances in compliance with the Act to impose and collect EMS Impact Fees. Notwithstanding anything to the contrary in this Chapter, no EMS Impact Fees shall be imposed on new Development until the EMS Impact Fees take effect. A. Impact Fees Schedule: Residential (per Single Family Dwelling Unit) $ 175.00 Residential (per Multi-Family Dwelling Unit) $ 121.00 Non-Residential (per 1,000 retail square feet)* $ 273.00 Non-Residential (per 1,000 office square feet)* $ 105.00 Non-Residential (per 1,000 industrial square feet)* $ 47.00 Non-Residential (per 1,000 institutional square feet)* $ 104.00 * Prorated to the nearest square foot. 12-2-504: Developer's Election Pursuant to the Act, a Developer shall have the right to elect to pay a Project's Proportionate Share of System Improvements Costs by payment of an impact fee according to the Fee Schedule as full and complete payment of the Development Project's Proportionate Share of System Improvements Costs, except as provided in I.C. § 67-8214(3), as amended. 12-2-505: Procedures The collection of EMS Impact Fees shall be in accordance with the following procedures: A. Building Permit. Upon submittal of a complete application for a Building Permit for the Development to the City, the City shall calculate the EMS Impact Fees due for the Development in accordance with the Fee Schedule in section 12-2-503 of this Chapter unless the Fee Payer requests an individual assessment or is the subj ect of a creditor the EMS District Impact Fee Administrator determines that the Development may have Extraordinary Impact. B. Exemption. An exemption pursuant to section 12-2-701 of this Chapter must be claimed by the Fee Payer upon application for a Building Permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the Fee Payer. 12-2-506: Certification of Impact Fees Due After the EMS Impact Fees for a proposed Development have been calculated by the City pursuant to the Fees Schedule or by the EMS District Impact Fee Administrator using the individual assessment process,or there is a credit,or Extraordinary Impact,the Fee Payer may request from the EMS District Impact Fee Administrator a certification of the amount of the EMS Impact Fee due for that Development which shall be processed as follows: A.Within thirty(30)days after receiving such request the EMS District Impact Fee Administrator shall issue a written certification of the amount of the EMS Impact Fee due for the proposed Development. Such certification shall establish the EMS Impact Fee so long as there is no material change to the Project as identified in the individual assessment application, or the impact fees schedule of the Capital Improvements Plan. 11 EMS District Development Impact Fees Ordinance B.The certification shall include an explanation of the calculation of the EMS Impact Fee,including an explanation of factors considered under Idaho Code Section 67-8207, and shall also specify the System Improvements for which the EMS Impact Fee is intended to be used. C. The EMS District Impact Fee Administrator shall provide the certification to the Fee Payer and the City. 12-2-507: Payment and Receipt of Fees EMS Impact Fees shall be paid to the City at the following times: A. Following application for a Building Permit and prior to the issuance of any Building Permit for a dwelling unit or nonresidential building; or B. At such other time as the Developer and the EMS District has agreed upon in writing with advance notice to the City. C. All EMS Impact Fees paid to the City pursuant to this Chapter and the Intergovernmental Agreement shall then be timely delivered to the EMS District in accordance with the terms of the Intergovernmental Agreement. D. In the event EMS Impact Fees are paid directly to the EMS District,then the EMS District Impact Fee Administrator shall immediately notify the City of such payment. 12-2-508: Payment Under Protest A Fee Payer may pay an EMS Impact Fee under protest in order not to delay in the issuance of a Building Permit by the City.A Fee Payer making a payment under protest shall not be estopped from exercising the right to appeal provided herein,nor shall such Fee Payer be estopped from receiving a refund of any amount deemed to have been improperly collected. PART 6: CITY AND EMS DISTRICT IMPACT FEE ADMINISTRATOR POWERS TO REQUIRE PAYMENT OF IMPACT FEES 12-2-601: EMS Impact Fee Payment Enforcement When any EMS Impact Fee is due pursuant to this Chapter, or pursuant to the terms of any written agreement between a Fee Payer and the EMS District and has not been paid in a timely manner,the City, upon request from the EMS District Impact Fee Administrator,may exercise any or all of the following powers as authorized by law, in any combination, to enforce the collection of the impact fee: A. Withhold Building Permits or other Development Approval until all EMS Impact Fees due have been paid. B. Withhold utility services from the Development until all EMS Impact Fees due have been paid. C. Add interest to the EMS Impact Fees not paid at the legal rate provided for in I.C. § 28-22- 104, as amended, plus five (5) percent beginning on the date at which the payment of the impact fees was due until paid in full. D. Impose a penalty of one (1) percent of the total EMS Impact Fees (not merely the portion dishonored, late or not paid in full) per month, beginning on the date at which the payment of the EMS Impact Fees was due, until paid in full. E. Impose a lien pursuant to the authority of I.C. § 67-8213(4)for failure to timely pay the EMS Impact Fees following the procedures contained in Idaho Code Chapter 45, Chapter 5. 12 EMS District Development Impact Fees Ordinance PART 7: EXEMPTIONS 12-2-701: Exemptions The provisions of this Chapter shall not apply to the following: A. Rebuilding the same amount of floor space of a structure which is destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two (2)years of its destruction; or B. Remodeling or repairing a structure which does not increase the number of Service Units; or C. Replacing a residential unit, including a Manufactured/Mobile Home, with another residential unit on the same lot;provided that the number of Service Units does not increase; or D. Placing a temporary construction trailer or office on a lot; or E. Constructing an addition on a residential structure which does not increase the number of Service Units; or F. Adding uses that are typically accessory to residential uses, such as a tennis court or a clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of System Improvements; or G. The installation of a Modular Building, Manufactured/Mobile Home, or Recreational Vehicle if the Fee Payer can demonstrate by documentation, such as utility bills and tax records, that either: 1. A Modular Building, Manufactured/Mobile Home, or Recreational Vehicle was legally in place on the lot or space prior to the effective date of this Chapter; or 2. An EMS Impact Fee has been paid previously for the Modular Building, Manufactured/Mobile Home, or Recreational Vehicle on that same lot or space. H. Construction that would otherwise be subject to payment of the EMS Impact Fee pursuant to this Chapter if undertaken by a taxing entity, as defined in section 63-201, Idaho Code, or by an authorized public charter school,as defined in section 33-5202A,Idaho Code,in the course of carrying out its statutory responsibilities. 12-2-702: Exemption Claim Process An exemption from an EMS Impact Fee must be claimed on the application by the Developer or Fee Payer upon submitting an application for a Building Permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the Developer or Fee Payer. The City shall refer exemption claims to the EMS District Impact Fee Administrator for determination. PART 8: INDIVIDUAL ASSESSMENTS 12-2-801: Individual Assessment Process Requests for individual assessment shall be processed in accordance with the following: A. In lieu of calculating the amount of the EMS Impact Fee pursuant to section 12-2-503 and the Capital Improvements Plan,a Fee Payer may file a request with the EMS District that the amount of the required impact fee be determined by the EMS District Impact Fee Administrator through an individual assessment for the proposed Development. A request for an individual assessment process shall involve consideration of studies, data, and any other relevant information submitted by the Fee Payer to adjust the amount of the EMS 13 EMS District Development Impact Fees Ordinance Impact Fee. If a Fee Payer files a request for the use of an individual assessment, the Fee Payer shall be responsible for retaining a qualified professional to prepare the individual assessment that complies with the requirements of this Chapter, at the Fee Payer's expense. The Fee Payer shall, at the Fee Payer's expense, bear the burden of proving by clear and convincing evidence that the resulting individual assessment complies with the requirements of this Chapter. The Fee Payer shall bear the burden of proving by clear and convincing evidence that the resulting individual assessment is a more accurate measure of its Proportionate Share of the cost of System Improvements, based on the adopted Levels of Service, than the impact fees that would otherwise be due pursuant to section 12-2-503 of this Chapter and the Capital Improvements Plan. B. Each individual assessment shall be based on the same Level of Service standards and unit costs for System Improvements used in the Capital Improvements Plan, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used. C. A request for an individual assessment shall be delivered and filed with the EMS District Impact Fee Administrator at the time that the number of dwelling units in the proposed Development and the types and amounts of Development in each nonresidential category identified in section 12-2-503 of this Chapter and the Capital Improvements Plan is known. The EMS District Impact Fee Administrator shall issue a written decision within thirty (30) days following receipt of a completed request for individual assessment together with all supporting information from the Fee Payer, so as not to unreasonably delay subsequent applications to the City for Building Permits. D. Each individual assessment request delivered to the EMS District Impact Fee Administrator may then be accepted, rejected, or accepted with modifications by the EMS District Impact Fee Administrator as the basis for calculating the impact fee. The criteria for acceptance, rejection, or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for System Improvements created by the proposed Development, or the costs of those facilities,than the applicable fees shown in section 12-2- 503 of this Chapter and the Capital Improvements Plan. E. The decision by the EMS District Impact Fee Administrator on an application for an individual assessment shall include an explanation of the calculation of the EMS Impact Fee, shall specify the System Improvements for which the impact fee is intended to be used, and shall include an explanation of those factors identified in I.C. § 67-8207. F. If an individual assessment is accepted or accepted with modifications by the EMS District Impact Fee Administrator, then the EMS Impact Fee due under this Chapter for such Development shall be calculated and collected according to such individual assessment. G. The EMS District Impact Fee Administrator shall provide notice of final determination of an individual assessment to the Fee Payer and to the City. PART 9: EXTRAORDINARY IMPACTS 12-2-901: Extraordinary Impact Determinations Determinations of Extraordinary Impacts are made as follows: A. In the event the City has reasonable cause to believe that a Development application may involve Extraordinary Impacts; it will notify the EMS District Impact Fee Administrator. B. The EMS District Impact Fee Administrator shall review and determine whether the Development application will impose Extraordinary Impact. 14 EMS District Development Impact Fees Ordinance C. If the EMS District Impact Fee Administrator determines that a proposed Development generates Extraordinary Impact that will result in extraordinary Systems Improvements Costs, the EMS District Impact Fee Administrator will notify the Fee Payer of their determination within thirty (30) days after the EMS District Impact Fee Administrator's receipt of the Development application. Such notice shall include a statement that the potential impacts of such Development on System Improvements are not adequately addressed by the Capital Improvements Plan, and that a supplemental study, at the Fee Payer's expense, will be required. D. Circumstances that may lead to a determination of Extraordinary Impact include,but are not limited to, an indication that the assumptions used in the Capital Improvements Plan underestimate the level of activity or impact on EMS District Capital Facilities from the proposed Development or activity. E. Within thirty (30) days following the designation of a Development with Extraordinary Impact,the EMS District Impact Fee Administrator shall meet with the Fee Payer to discuss whether the Fee Payer wants to: 1. Pay for the supplemental study necessary to determine the System Improvements Costs related to the proposed Development; or 2. Modify the Development application to avoid generating Extraordinary Impact; or 3. Withdraw the Development application. F. If the Fee Payer agrees to pay for the supplemental study required to document the proposed Development's Proportionate Share of System Improvements Costs, then the EMS District and the Fee Payer shall jointly select an individual or organization acceptable to both to perform such study. The Fee Payer shall enter into a written agreement with the individual or organization to pay the costs of the study. Such agreement shall require the supplemental study to be completed within thirty(30)days of such written agreement unless the Fee Payer agrees to a longer time. G. Once the study has been completed, the Fee Payer may choose to: 1. Pay the Proportionate Share of System Improvements Costs documented by the supplemental study; or 2. Modify the proposed Development to reduce such costs; or 3. Withdraw the application. H. If the Fee Payer agrees to pay the System Improvements Costs documented in the supplemental study,that agreement shall be reduced to writing between the EMS District and the Fee Payer, prior to review and consideration of any application for any Building Permit related to the proposed Development. I. Notwithstanding any agreement by the Fee Payer to pay the Proportionate Share of System Improvements Costs documented by the supplemental study, nothing in this Chapter shall obligate the City to approve Development that results in an Extraordinary Impact. PART 10: DEVELOPER CREDITS AND REIMBURSEMENT 12-2-1001: Developer Credits and Reimbursement Process When a Developer or their predecessor in interest has constructed System Improvements of the same category as a Capital Improvements Element, or contributed or dedicated land or money towards the 15 EMS District Development Impact Fees Ordinance completion of System Improvements of the same category as a Capital Improvements Element,and the EMS District has accepted such construction, contribution or dedication, the EMS District shall issue a credit, in accordance with the provisions of this Chapter, against the EMS Impact Fees otherwise due for the same Capital Improvements Element in connection with the proposed Development, as set forth in this section. Credit shall be issued regardless of whether the contribution or dedication to System Improvements was required as a condition of Development or was offered by the Developer and accepted by the EMS District in writing, and regardless of whether the contribution or dedication was contributed by the Developer or by a local improvement district controlled by the Developer. 12-2-1002: Credit Limitations Credits against EMS Impact Fees shall not be given for: A. Project Improvements; or B. Any construction,contribution,or dedication not agreed to in writing by the EMS District prior to commencement of the construction, contribution, or dedication. Credits issued for one Capital Improvements Element may not be used to reduce the impact fee due for a different capital improvement. No credits shall be issued for System Improvements contributed or dedicated prior to the effective date of this Chapter. 12-2-1003: Valuation of Credit at Present Value The valuation of System Improvements for credit against impact fees shall be in accordance with the following: A. Land. Credit for qualifying land dedications shall, at the Fee Payer's option, be valued at the Present Value of: 1. One hundred (100) percent of the most recent assessed value for such land as shown in the records of the Ada County Assessor; or 2. The fair market value established by a private appraiser acceptable to the EMS District in an appraisal paid for by the Fee Payer. B. Improvements.Credit for qualifying acquisition or construction of System Improvements shall be valued by the EMS District at the Present Value of such improvements based on complete engineering drawings, specifications,and construction cost estimates as submitted by the Fee Payer. The EMS District Impact Fee Administrator shall determine the amount of credit due based on the information submitted, or, if it is determined that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the EMS District as a more accurate measure of the value of the offered System Improvements. 12-2-1004: When Credits become Effective Credit against EMS Impact Fees become effective in accordance with the following: A. Land. Approved credits for land dedications shall become effective when the land has been conveyed to the EMS District, in a form acceptable, at no cost, and has been accepted by the EMS District. Upon request of the Fee Payer,the EMS District shall issue a letter stating the amount of credit available. B. Improvements. Approved credits for acquisition or construction of System Improvements shall generally become effective when (a) all required construction has been completed and has been accepted by the EMS District, (b) a suitable maintenance and warranty bond has been received and approved by the EMS District,and(c)all design, construction,inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements. Upon request of the Fee Payer,the EMS District shall issue a letter 16 EMS District Development Impact Fees Ordinance stating the amount of credit available. 12-2-1005: Credit Request Procedures The following are the procedural requirements for the processing of credit against EMS Impact Fees: A. Request. In order to obtain a credit against EMS Impact Fees otherwise due,a Fee Payer shall submit to the EMS District Impact Fee Administrator a written request to dedicate specific parcels of qualifying land or a written offer to contribute or construct specific System Improvements to the EMS District Capital Facilities in accordance with all applicable state and local governmental design and construction standards, and shall specifically request a credit for the land dedication or System Improvements offered. B. Review. After receipt of the written request for credit, the EMS District Impact Fee Administrator shall review the request and determine whether the land or System Improvements offered for credit will reduce the costs of providing EMS District Capital Facilities by an amount at least equal to the value of the credit.If the EMS District Impact Fee Administrator determines that the offered credit satisfies those criteria and will be acceptable to the EMS District Board of Commissioners, then the credit shall be issued. The review and determination of a written request for credit shall be completed by the EMS District Impact Fee Administrator within thirty(30) days after receipt of a written offer and application for credit. C. Credits exceeding fee amounts due. If the credit due to a Fee Payer exceeds the EMS Impact Fees that would otherwise be due from the Fee Payer pursuant to this Chapter (whether calculated pursuant to section 12-2-503 of this Chapter or through an independent assessment), the Fee Payer may choose to receive such credit in the form of either: 1. A credit against future EMS Impact Fees due for the same System Improvements; or 2. A reimbursement from EMS Impact Fees paid by future Development that impacts the System Improvements contributed or dedicated by the Fee Payer.Unless otherwise stated in an agreement with the Fee Payer,the EMS District shall be under no obligation to use any of its funds other than EMS Impact Fees paid by other Development for the same System Improvements to reimburse the Fee Payer for any credit in excess of the impact fees that are due. D. If credit or reimbursement is due to the Fee Payer pursuant to this section, the EMS District shall enter into a written agreement with the Fee Payer, negotiated in good faith,prior to the contribution, dedication, or funding of the System Improvements giving rise to the credit. The agreement shall provide for the amount of credit or the amount of time and form of reimbursement, and shall have a term not exceeding ten(10) years. E. The EMS District Impact Fee Administrator's determination on the written request for credit shall be provided to the Fee Payer, City, and the EMS District Board of Commissioners. PART 11: IMPACT FEE PAYMENT MISTAKE OR MISREPRESENTATION 12-2-1101: Incorrect EMS Impact Fee Payment If EMS Impact Fees are calculated and paid based on a mistake or misrepresentation, they shall be recalculated.Any amounts overpaid by a Fee Payer shall be refunded by the EMS District within thirty (30) days after the acceptance of the recalculated amount, with interest at the legal rate provided for in I.C. § 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the Fee Payer shall be paid to the EMS District, within thirty (30) days after the EMS District Impact Fee Administrator's acceptance of the recalculated amount, with interest at the legal rate provided for in I.C. § 28-22-104 from the date on which the fee was paid. In the case of an underpayment of EMS 17 EMS District Development Impact Fees Ordinance Impact Fees, the EMS District Impact Fee Administrator may request the City and the City may withhold issuance of Building Permits or other Development Approvals for the Project for which the impact fees were paid until such underpayment is corrected, and if amounts owed are not paid within such thirty-day period,the EMS District Impact Fee Administrator may also ask the City to revoke any Building Permits or other Development Approvals issued in reliance on the previous payment of such EMS Impact Fees and refund such fees to the Fee Payer. PART 12: REFUNDS 12-2-1201: Duty to Refund EMS Impact Fees shall be refunded to the Fee Payer, or to a successor in interest, in the following circumstances: A. Service is available but never provided; or B. A Building Permit or permit for installation of a manufactured home is denied by the City or abandoned; or C. The Fee Payer pays EMS Impact Fees under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the Proportionate Share to which the EMS District was entitled to receive; or D. The EMS District collected the EMS Impact Fees and failed to Appropriate or expend the collected fees pursuant to this Chapter and the Act. 12-2-1202: Time for Expenditure; Refund Requirement Any EMS Impact Fees paid shall be refunded if the EMS District has failed to commence construction of System Improvements in accordance with this Chapter, or to Appropriate funds for such construction,within eight(8)years after the date on which such impact fees were collected.Any refund due shall be paid to the owner of record of the parcel for which the impact fees were paid. The EMS District may hold EMS Impact Fees for longer than eight (8) years if it is identified in writing and in written notice to the owner of record of the parcel identifying: A. A reasonable cause for why the EMS Impact Fees should be held longer than eight(8)years; and B. An anticipated date by which the EMS Impact Fees will be expended,but in no event greater than eleven(11) years from the date the impact fees were collected. 1. If the EMS District fails to comply with subsection (A) or (B), fails to commence construction of System Improvements in accordance with the written notice, or fails to Appropriate funds for such construction on or before the date identified in the written notice, then any EMS Impact Fees so identified shall be refunded to the Fee Payer or to a successor in interest. 12-2-1203:No Refund Due for Subsequent Reduction in Size of Development or Service Units After EMS Impact Fees have been paid pursuant to this Chapter and after a certificate of occupancy has been issued by the City, no refund of any part of such fee shall be made if the Project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the Project or the number of units in the Project. 12-2-1204: Interest Each refund shall include a refund of interest at one-half the legal rate provided for in I.C. § 28-22- 18 EMS District Development Impact Fees Ordinance 104 from the date on which the EMS Impact Fee was originally paid. 12-2-1205: Timing The EMS District Impact Fee Administrator shall make a determination of whether a refund is due within thirty (30) days after receipt of a written request for a refund from the owner of record of the property for which the fee was paid. When the right to a refund exists,the EMS District shall send the refund to the owner of record within ninety(90) days after it determines that a refund is due. PART 13: DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TRUST FUND - EXPENDITURES, BUDGET,AUDIT,AND SURCHARGE 12-2-1301: Establishment of Development Impact Fee Capital Projects Trust Fund by EMS District The EMS District shall establish a Trust Fund for the purpose of ensuring that all EMS Impact Fees collected pursuant to this Chapter are used to address impacts reasonably attributable to new Development for which the impact fees are paid. The Trust Fund shall be maintained in one (1) or more Accounts. All funds in all Accounts in the Trust Fund shall be maintained in an interest-bearing account. The interest earned on each Account pursuant to I.C. § 67-8210(1) shall not be governed by I.C. § 57-127, as amended,but shall be considered funds of the Account and shall be subject to the same restrictions on uses of funds as the impact fees on which the interest is generated. 12-2-1302: Trust Fund Deposits and Accounting All monies paid by a Fee Payer, pursuant to this Chapter, shall be identified as EMS Impact Fees and shall be promptly deposited by the EMS District Impact Fee Administrator in the appropriate Account of the Trust Fund. A. First-in/first-out. Monies in each Account shall be spent in the order collected, on a first- in/first-out basis. B. Maintenance ofRecords. The EMS District shall maintain and keep accurate financial records for each Account that shall show the source and disbursement of all revenues, account for all monies received, ensure that the disbursement of funds from each Account shall be used solely and exclusively for the provisions of Projects specified in the Capital Improvements Plan, and provide an annual accounting for each Account showing the source and amount of all funds collected and the Projects that were funded. C. Accounting Principles. The calculation of impact fees shall be in accordance with generally accepted accounting principles. Impact fees shall not be deemed invalid because payment of impact fees may result in an incidental benefit to owners or Developers within the Service Area other than the Fee Payer. 12-2-1303: Expenditure Eligibility Expenditures of EMS Impact Fees collected and deposited in the Trust Fund shall be made only for System Improvements within the Service Area for which the impact fees were collected in accordance with the Capital Improvements Plan. 12-2-1304: Annual Capital Budget The EMS District shall annually adopt a capital budget in accordance with the Act. 19 EMS District Development Impact Fees Ordinance 12-2-1305: Monies in Trust Fund not Expended Carried Over from Fiscal Year to Fiscal Year Any monies,including any accrued interest,not assigned to specific System Improvements within such Capital Improvements Plan and not expended or refunded shall be retained in the same Account until the next fiscal year. 12-2-1306: Annual Audit Report As part of their annual audit process, the EMS District shall prepare an annual report: A. Describing the amount of all EMS Impact Fees collected, appropriated, or spent during the preceding year by category of Public Facility and Service Area; and B. Describing the percentage of taxes and revenues from sources other than the impact fees collected, appropriated, or spent for System Improvements during the preceding year by category of Public Facility and Service Area. 12-2-1307: Surcharge Reimbursement A portion of each EMS Impact Fee collected pursuant to this Chapter shall be designated as a surcharge for reimbursement for the cost of preparing the Capital Improvements Plan in accordance with I.C. § 67-8208. The surcharge shall not exceed the Development's Proportionate Share of the cost of preparing the Capital Improvements Plan. PART 14: APPEALS/MEDIATION 12-2-1401: Appeals to EMS District Board of Commissioners Any Fee Payer who is or may be obligated to pay an EMS Impact Fee under this Chapter who claims a right to receive a refund, reimbursement, exemption, or credit under this Chapter or is otherwise dissatisfied with a decision made by the EMS District Impact Fee Administrator in applying this Chapter, may appeal such decision to the EMS District Board of Commissioners in accordance with Interagency Agreement and the following process: A. The Fee Payer shall have the burden of demonstrating that the decision was in error. B. In order to pursue the appeal described in this subsection, the Fee Payer shall file a written notice of appeal with the EMS District Impact Fee Administrator within thirty (30) days after the date of the EMS District Impact Fee Administrator's decision, or the date on which the Fee Payer submitted a payment of the EMS Impact Fees under protest, whichever is later. Such written notice of appeal shall include a statement describing why the Fee Payer believes that the appealed decision was in error,together with copies of any documents that the Fee Payer believes support the claim. C. The EMS District Board of Commissioners shall hear the appeal within sixty(60)days after receipt of a written notice of appeal. The Fee Payer shall have a right to be present and to present evidence in support of the appeal. The EMS District Impact Fee Administrator shall likewise have the right to be present and to present evidence in support of their decision. The criteria to be used by the EMS District Board of Commissioners in considering the appeal shall be whether: 1. The decision or interpretation made by the EMS District Impact Fee Administrator or the alternative decision or interpretation offered by the Fee Payer more accurately reflects the intent of this Chapter that new Development in the Service Area pay its Proportionate Share of the costs of System Improvements to the EMS District's facilities necessary to serve new Development and whether the provisions of this Chapter have been correctly 20 EMS District Development Impact Fees Ordinance applied. The EMS District Board of Commissioners shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty(30) days after hearing the appeal. 12-2-1402: Appeals to City Council Any Fee Payer who is or may be obligated to pay an EMS Impact Fee which is established by the City and is subject to an Intergovernmental Agreement, and who claims a right to receive a refund, reimbursement, exemption, or credit under this Chapter or is otherwise dissatisfied with a decision made by the EMS District Impact Fee Administrator or the decision of the EMS District Board of Commissioners in applying this Chapter, may appeal such decision to the City Council. A. The Fee Payer shall have the burden of demonstrating that the EMS District Impact Fee Administrator's or the EMS District Board of Commissioners' decision was in error. B. In order to pursue the appeal described in this subsection, the Fee Payer shall file a written notice of appeal with the City Clerk within thirty(30) days after the date of the EMS District Board of Commissioners' decision. Such written notice of appeal shall include a statement describing why the Fee Payer believes that the appealed decision of the EMS District Impact Fee Administrator or the EMS District Board of Commissioners was in error, together with copies of any documents that the Fee Payer believes support the claim. The City Clerk shall within three (3) business days deliver the notice of appeal together with copies of any documents filed with it to the EMS District Impact Fee Administrator. C. The City Council shall hear the appeal within sixty (60) days after receipt by the City Clerk of a written notice of appeal. The Fee Payer shall have a right to be present and to present evidence in support of the appeal. The EMS District Impact Fee Administrator or designee shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the City Council in considering the appeal shall be whether: 1. The decision or interpretation made by the EMS District Impact Fee Administrator or the EMS District Board of Commissioners' decision on appeal or the alternative decision or interpretation offered by the Fee Payer more accurately reflects the intent of this Chapter that new Development pay its Proportionate Share of the costs of System Improvements to facilities necessary to serve new Development and whether the provisions of this Chapter have been correctly applied. The City Council shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty(30) days after hearing the appeal. 12-2-1403: Mediation Any Fee Payer that has a disagreement with the EMS District Impact Fee Administrator regarding an impact fee determination that is or may be due for a proposed Development pursuant to this Chapter may enter into a voluntary agreement with the EMS District to submit the disagreement to mediation by a qualified independent party acceptable to both the Fee Payer and the EMS District. A. Mediation may take place at any time following the filing of a timely appeal pursuant to sections 12-2-1401 and 12-2-1402, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to section 12-2-1402. Applicable time periods provided in sections 12-2-1401 and 12-2-1402 are tolled during mediation. B. Participation in mediation does not preclude the Fee Payer from pursuing other remedies provided for in I.C. § 67-8212. C. If mediation is requested, any related mediation costs shall be shared equally by the Fee Payer 21 EMS District Development Impact Fees Ordinance and the EMS District, and a written agreement regarding the payment of such costs shall be executed prior to the commencement of mediation. D. In the event that mediation does not resolve the issues,the Fee Payer retains all rights to seek relief from a court of competent jurisdiction. PART 15: MISCELLANEOUS PROVISIONS 12-2-1501: No Requirement of the City to Approve Extraordinary Impact Development Nothing in this Chapter shall obligate the City to approve Development which results in an Extraordinary Impact. 12-2-1502: City Not Obligated to Approve Development that Reduces Levels of Service Nothing in this Chapter shall obligate the City to approve any Development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in this Chapter. 12-2-1503: No Additional Right to Develop Created by this Chapter Nothing in this Chapter shall be construed to create any additional right to develop real property or diminish the City in regulating the orderly development of real property within its boundaries. 12-2-1504: No Limit on City's Authority Nothing in this Chapter limits the use of the City's power of eminent domain or supersedes or conflicts with requirements or procedures authorized in the Idaho Code for local improvement district or general obligation bond issues. 12-2-1505: Agreements Between Property Owners, Idaho Transportation Department (ITD), and other Governmental Entities for Construction or Installation of System Improvements Nothing in this Chapter shall be construed to prevent or prohibit private agreements between property owners or Developers, the Idaho Transportation Department, and governmental entities in regards to the construction or installation of System Improvements or providing for credits or reimbursements for System Improvements Costs incurred by a Developer including inter-project transfers of credits or providing for reimbursement for Project Improvements which are used or shared by more than one(1) Development Project. 12-2-1506: Plan for Alternative Sources of Revenue The EMS District shall develop a plan for alternative sources of revenue, which shall include but not necessarily be limited to a plan generated during its annual budget process. These alternative sources of revenue may include tax increment financing, user fees, administrative and regulatory fees, and other forms of revenue. 12-2-1507: Safety Codes and Other Rules Applicable to Project Improvements Nothing in this Chapter shall prevent the City from requiring a Developer to construct reasonable Project Improvements, as are required by applicable safety codes and other rules that are adopted which it has jurisdiction to enforce in conjunction with a Development. 12-2-1508: Development Approved by the City Prior to the Effective Date of this Chapter Not Subject to EMS Impact fees Notwithstanding any other provision(s) of this Chapter,that portion of a Project for which a complete application for a Building Permit has been received by the City, prior to the effective date of this Chapter, shall not be subject to an EMS Impact Fee imposed by this Chapter. If the resulting Building Permit is later revised or replaced after the effective date of the ordinance codified in this Chapter, and 22 EMS District Development Impact Fees Ordinance the new Building Permit(s) reflects a Development with density, intensity, size or number of units more than ten (10) percent higher than reflected in the original Building Permit, then the impact fee may be charged on the difference in density,intensity,size or number of units between the original and the revised or replacement Building Permit. 12-2-1509: Punishment Violation of this Chapter shall be subject to those remedies provided in this Code. Knowingly furnishing false information to any official of the City or EMS District charged with the administration of this Chapter on any matter relating to the administration of this Chapter including, without limitation, the furnishing of false information regarding the expected size or use of a proposed Development, shall be a violation of this Chapter. 12-2-1510: Liberal Construction All provisions, terms, phrases, and expressions contained in this Chapter shall be liberally construed in order that the true intent and meaning of the Act may be fully carried out by the City Council and the EMS District Board of Commissioners. SECTION 2: ORDINANCE LIMITED This ordinance is limited to Title 12, Chapter 2, of the Meridian City Code only. All other provisions of the Meridian City Code shall remain unchanged. SECTION 3: EFFECTIVE DATE OF ORDINANCE This ordinance shall take effect and be in full force and effect on the 301" day following its passage, approval, and publication. PASSED by the City Council of the City of Meridian, Idaho, this 23rd day of June , 2026. APPROVED by the Mayor of the City of Meridian, Idaho,this 23rd day of June , 2026. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk 23 EMS District Development Impact Fees Ordinance CERTIFICATION OF SUMMARY: William L. M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M.Nary SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 26-2127 An ordinance amending the Meridian City Code by the addition thereto of a new Chapter 2 to Title 12 called"Ada County Emergency Medical Services District Development Impact Fees" that provides for a short chapter title; authority, findings, applicability, and purpose; definitions; capital improvements plan; periodic review of capital improvements plan; intergovernmental agreement; imposition of impact fees and payment; enforcement and collection; impact fee administrator and City powers to require payment of impact fees; development impact fee(s) exemptions; process for individual assessment; extraordinary impacts; developer credits and reimbursements; impact fee payment mistake or misrepresentation; fee payer refunds; development impact fee capital projects trust fund, expenditures, budget, audit, and surcharge; appeals and mediation; miscellaneous provisions; punishment for violations; construction of ordinance intent; ordinance limitations; and an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. 24 EMS District Development Impact Fees Ordinance